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PALMER v. DEPARTMENT PUBLIC WELFARE (05/23/72)

decided: May 23, 1972.

PALMER, ET UX.
v.
DEPARTMENT OF PUBLIC WELFARE



Appeal from the Order of the Department of Public Welfare in the case of Appeal of Walter and Betty Palmer, h/w. Case Number 767-240.

COUNSEL

Paul A. Coghlan, with him Jay H. Calvert, Jr., Philadelphia Legal Services, Inc., for appellants.

Barry A. Roth, Assistant Attorney General, with him Marx S. Leopold, General Counsel, and J. Shane Creamer, Attorney General, for appellee.

President Judge Bowman and Judges Crumlish, Jr., Kramer, Wilkinson, Jr., Mencer, Rogers and Blatt. Opinion by Judge Mencer. Concurring Opinion by Judge Blatt.

Author: Mencer

[ 5 Pa. Commw. Page 408]

Walter Palmer and Betty Palmer (appellants), in August 1970, applied for public assistance for themselves and their four children. They were granted assistance under the Aid to Dependent Children (ADC) program. In September 1970 Walter Palmer (Palmer) was referred by the Philadelphia County Board of Assistance to the Pennsylvania Bureau of Employment Security for inclusion in its Work Incentive Program (WIN). One year later, in September 1971, Palmer enrolled as a full time law student at Howard University Law School in Washington, D.C.

On September 22, 1971, Palmer received a letter from WIN stating that he was being terminated from the program because he was a full time student. On October 5, 1971, appellants were notified by the Philadelphia County Board of Assistance that their public assistance, and also their children's public assistance, would be terminated on October 29, 1971. Appellants, on October 19, 1971, appealed and requested a hearing before the Philadelphia County Board of Assistance, resulting in a hearing on December 1, 1971, which was continued to and completed on December 13, 1971. On December 15, 1971, appellants' appeal was dismissed

[ 5 Pa. Commw. Page 409]

    and it is from this order of dismissal that appellants have filed an appeal to this Court.

Appellants raise four questions. First, they contend that the Department of Public Welfare failed to follow its own regulations in terminating appellants' assistance.

The Department of Public Welfare of the Commonwealth of Pennsylvania is empowered to establish rules, regulations and standards for the administration of the WIN program in the Commonwealth of Pennsylvania. Act of June 13, 1967, P.L. , No. 21, Art. 4, § 405, 62 P.S. § 405. Pursuant to this grant of authority, certain regulations were promulgated relative to the WIN program. The regulation here in question is Regulation 3192.1 which reads as follows:

"3192.1. Effect of Refusal on Public Assistance

"The following applies only to those individuals referred to WIN (PA 97 sent to BES) in accordance with ...


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