562 A.2d 1033 | Pa. Commw. Ct. | 1989
Irma J. Springer (Petitioner) appeals an order of the Secretary of the Department of Public Welfare (Respondent) denying Petitioner’s request for reconsideration and affirming the order of the Office of Hearings and Appeals
The issues presented for appeal are whether the inclusion of Ryan Springer in the filing unit was required by 42 U.S.C. § 602(a)(38) and whether Respondent erred in failing to treat Ryan’s social security benefits as it would treat child support payments made by the child’s father.
Petitioner, a recipient of Aid to Families with Dependent Children (AFDC)
Respondent incorporated these changes into the state regulatory scheme through the issuance of temporary regulations to the Department of Public Welfare’s Public Assist
The language in 42 U.S.C. § 602(a)(38) clearly states that brothers or sisters in the same home must be included in the filing unit and that their income shall be considered in the determination of need by the agency. This income includes social security benefits. Showers v. Cohen, 645 F.Supp. 217 (M.D.Pa.1986). As noted by the Court in Showers, “Congress, in its wisdom, has decided that in the interests of deficit cutting and social welfare program management, Title II payments to a child beneficiary must be deemed available for the common use of the other members of his or her household unit.” Id. at 220. This Court finds that Respondent’s ruling in this regard was correct.
Petitioner next argues that even if Ryan’s income was properly counted by Respondent, his social security benefits should have been treated as child support and as such the fifty dollar child support disregard provision of 42 U.S.C. § 602(a)(8)(A)(vi)
Petitioner contends that Ryan’s social security benefits should be treated as child support received from his father arguing that child support payments should include “any support payment made by or for an absent parent for the use and benefit of the ‘dependent child.’ ” Todd v. Norman, 840 F.2d 608, 613 (8th Cir.1988) (Lay, J., dissenting). In the instant case, a temporary zero ($0.00) support order
This Court is persuaded by the rationale set forth by the Court in Carter v. Bowen, No. 86-0398-R (E.D.Va.1987), affirmed sub nom., Stroop v. Bowen, 870 F.2d 969 (4th Cir.1989), wherein the United States District Court stated:
It is contradictory to treat Social Security benefits like child support for the purpose of including them in family income and then in another part of the same statute treat them differently from child support payments for the purpose of excluding a family from a potential $50 rebate. Although DEFRA was designed to reduce government spending, the law does not empower the Secretary to make self-serving irrational distinctions. A family’s eligibility for the $50 remittance should not turn upon the absent father’s ability to work. For example, the law should not allow a family to receive the $50 rebate when a child is supported by a working father, but deny that family the rebate when the father becomes disabled and must provide the support indirectly through Social Security benefits. There is no apparent rational justification for such a distinction, (citations omitted).
This Court likewise sees no reason to distinguish the benefits provided to a child through child support payments from those provided by social security benefits, be they disability or retirement benefits. Had there been an order of support in place at the time of the father’s retirement, he more than likely would have received a credit on his child
Although considerable deference is usually given to the agency’s construction of the statute it administers, this Court can find no apparent rational justification for Respondent’s interpretation of 42 U.S.C. § 602(a)(8)(A)(vi). Ford Motor Credit Company v. Milhollin, 444 U.S. 555, 100 S.Ct. 790, 63 L.Ed.2d 22 (1980).
Accordingly, the order of the Secretary of the Department of Public Welfare is reversed. This case is remanded to the Department of Public Welfare for recalculation of Petitioner’s benefits in accordance with this decision.
ORDER
AND NOW, this 21st day of August, 1989, the order of the Secretary of the Department of Public Welfare is reversed. This case is remanded to the Department of Public Welfare for recalculation of Petitioner’s benefits in accordance with this decision.
. Act of June 13, 1967, P.L. 31, as amended, 62 P.S. § 432.12.
. This Court’s scope of review of final orders of the Department of Public Welfare is limited to a determination of whether findings of facts are supported by substantial evidence, constitutional rights have been violated, or errors of law have been committed. Shaffer v. Department of Public Welfare, 86 Pa.Commonwealth Ct. 588, 485 A.2d 896 (1985).
. AFDC is a cooperative federal/state effort established by Congress to enable each state to furnish financial assistance to needy children and the parents and relatives with whom they live. Oliver v. Ledbetter, 624 F.Supp. 325 (N.D.Ga.1985).
. Section 171.21(b)(1)(i)(C)(IV) and (V) of the Public Assistance Eligibility Manual (PAEM), 18 Pa.B. 3921 (1988).
. Section 602(a)(8)(A)(vi) provides that in determining need, the State shall disregard the first S50 of any child support payments received in a month.
. Respondent does not address this issue claiming that Petitioner failed to preserve it for review. Insofar as the order in question held that Ryan’s social security benefits could not be considered child support and Respondent did not treat the benefits as support subject to the $50 disregard provision, this Court finds that it may properly be addressed. See Emerick v. Department of Public Welfare, 47 Pa.Commonwealth Ct. 285, 407 A.2d 1378 (1979).