47 Pa. Commw. 168 | Pa. Commw. Ct. | 1979
Opinion by
Janice I. Savko (Claimant) appeals here from a decision of the Department of Public Welfare (DPW) discontinuing her welfare benefits. For the reasons set out below, we affirm.
The issue here is whether federal workmen’s compensation benefits being paid to a VISTA volunteer on account of a work-related injury are exempt income for purposes of determining eligibility for public assistance benefits. Claimant was injured in an automobile accident in September, 1976, while she worked as a welfare rights worker under the federal VISTA program. Pursuant to Title I of the Domestic Volunteer Service Act of 1973 (Act)
DPW regulations require that all resources available to an individual be considered before eligibility for AFDC is established.
Claimant’s sole argument on appeal is that the workmen’s compensation benefits should be exempt because the purpose served thereby is the same purpose as that for exempting VISTA payments. We disagree. The purpose served by exempting VTSTA payments is clearly to encourage low income individuals to volunteer for service in their home communities.
Furthermore, the inclusion of disability benefits as resources for welfare eligibility will not discourage low income individuals from volunteering for service in the VISTA program. Both Section 5055(b) of the Act and Section 8143 of the Compensation Act specify that “compensation for disability shall not begin to accrue until the day following the date on which the injured volunteer is terminated. ”
It is well established that duly authorized and promulgated regulations of an administrative agency have the force of law and are binding on the agency and others. Newport Homes v. Kassab, 17 Pa. Commonwealth Ct. 317, 332 A.2d 568 (1975). Furthermore, the establishment of these regulations involves agency discretion, and the Court will not disturb administrative discretion in the absence of fraud, bad
Accordingly, we affirm the DPW Order reversing the hearing examiner and thereby discontinuing Claimant’s public assistance.
Order
And Now, this 2nd day of November, 1979, the order of the Department of Public Welfare dated April 24, 1978, is hereby affirmed.
42 U.S.C. §4951 (1977).
As of December 8, 1977, she was receiving $664.80 monthly for the duration of her disability.
The AFDO grant for herself and two children was $302.00 monthly. She was also able to purchase $138.00 in food stamps each month at a cost of $58.00.
42 U.S.C. §5044(g) (1977).
55 Pa. Code §177.23.
55 Pa. Code §183.43(1) (xi). This regulation parallels 42 U.S.C. §5044 (g).
42 U.S.C. §4953 (b) (1977).
42 U.S.C. §4954 (1977).
42 U.S.C. §4955 (1977). Stipends do not exceed $75.00 per month.
5 U.S.C. §8101 (1967).
42 U.S.C. 5055(b) (1977).
Id. A similar provision is found in 5 U.S.C. §8143 (a) and (b).