42 Pa. Commw. 304 | Pa. Commw. Ct. | 1979
Opinion by
Robert Royer (claimant) has appealed an order of the Department of Public Welfare (Department) transferring claimant’s family from Aid to Families with Dependent Children (AFDC) to General Assistance (GA). We affirm.
Claimant had been receiving benefits under AFDC from the Columbia County Board of Assistance (Board) since January 11, 1974 based on his inability to provide for his family because of a shotgun injury to his right shoulder and psychological problems. In April of 1977, after approximately one year of unemployment, claimant obtained a full-time position with the Bloomsburg Sewage Plant. Claimant notified the Board of his change in circumstances, and the Board arranged for a medical examination to determine claimant’s continuing eligibility for AFDC. The medical report indicated that, outside of limited
To be eligible for AFDC, it is not enough to simply show a need for assistance; one must also show the dependency of a child. Henry v. Betit, 323 F. Supp. 418 (D. Alaska 1971); Macias v. Finch, 324 F. Supp. 1252 (N.D. Cal.), aff’d mem. sub nom., Macias v. Richardson, 400 U.S. 913 (1970); Sweet v. Department of Public Aid, 66 Ill. 2d 195, 361 N.E. 2d 1118 (1977). A child is considered dependent for AFDC purposes when he “has been deprived of parental support or care by reason of the death, continued absence from the home, or physical or mental incapacity of a parent. . . .” 42 U.S.C. §606(a)(1) (emphasis added). “Physical or mental incapacity” has been defined, in 45 C.F.R. §233.90(c) (1) (iv),
to exist when one parent has a physical or mental defect, illness, or impairment. The incapacity shall be supported by competent medical testimony and must be of such a debilitating nature as to reduce substantially or eliminate the parent’s ability to support or care for the otherwise eligible child and be expected to last for a period of at least 30 days.
See also 55 Pa. Code §153.44(c) (2) (i).
Claimant contends that the hearing examiner erred in finding that claimant was no longer substantially incapacitated to support his children. He argues that the fact he is working full time, by itself, does not
Claimant also contends that, even if he is not incapacitated, he should still, when computing his level of assistance, have his earned income disregarded under the AFDC formula instead of the GA formula.
Order,
And Now, this 27th day of April, 1979, the order of the Department of Public Welfare, dated September 17, 1977, transferring Robert Royer from Aid to Families with Dependent Children to General Assistance, is affirmed, and the appeal of Robert Royer is dismissed.
This evidence consisted of a report on the results of a psychological examination of claimant.
AFDC disregards the first $30 of the total earned income for a month plus one-third of the remainder. See 42 U.S.C. §602(a) (8); 45 C.F.R,. §233.20(a) (11). GA disregards the first $20 plus 50 percent of the next $60 of the gross monthly wages of a recipient of GA. See Section 432.12(a) of the Public Welfare Code, Act of June 13, 1967, P.L. 31, as amended, added by Section 5 of the Act of July 9, 1976, P.L. 993, 62 P.S. §432.12(a); 55 Pa. Code §183.64(e) (2).