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DENISE B. BUDZINSKI v. COMMONWEALTH PENNSYLVANIA (12/12/78)

decided: December 12, 1978.

DENISE B. BUDZINSKI, PETITIONER
v.
COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF PUBLIC WELFARE, RESPONDENT



Appel from the Order of the Department of Public Welfare in case of Appeal of Denise B. Budzinski, Case No. S-462508-C.

COUNSEL

Richard B. Mellman, for petitioner.

Linda Gunn, Assistant Attorney General, with her Edward P. Carey, Assistant Attorney General, for respondent.

Judges Rogers, Blatt and MacPhail, sitting as a panel of three. Opinion by Judge Rogers.

Author: Rogers

[ 39 Pa. Commw. Page 177]

Denise B. Budzinski asks us to reverse a decision of the Department of Public Welfare, upheld by a Hearing Examiner, that she was not eligible for transportation and child care allowances while taking a training course in mathematics. We affirm.

Ms. Budzinski receives public assistance of the Aid to Families with Dependent Children category from the Allegheny County Board of Assistance. In 1975, Ms. Budzinski and the Allegheny County Board of Assistance developed a plan to help her get job training. From February to November 1975, Ms. Budzinski attended the Sawyer School, an accredited business school where she received stenographic training. She received $970.25 from the County Board for transportation and child care. She completed the course and was certified as job-ready by the school. She then applied for two secretarial positions but got neither.

On September 6, 1977, Ms. Budzinski began a Comprehensive Employment Training Act of 1973 (CETA) training course in mathematics, a prerequisite for future training as a surgical technician or a paramedic. On either September 5th or 6th, Ms. Budzinski told the County Board of her intention to pursue the mathematics training course and requested transportation and clothing allowances. The County Board of Assistance refused Ms. Budzinski's request and explained that since she had already received secretarial training as part of the plan which had been developed for her, "further study in a totally different field cannot be considered as our plan to decrease your need for assistance and allowances cannot be authorized."

[ 39 Pa. Commw. Page 178]

Ms. Budzinski appealed from this determination and a hearing was held on October 18, 1977. The Hearing Examiner concluded that additional training for Ms. Budzinski in a new field was not part of the Department's plan for her and that she was therefore not entitled to the transportation and child care allowances under Department of Assistance regulation at Section 175.23(c)(3) of the Public Assistance Eligibility Manual which provides, in part:

(3) Recurring Grants for Expenses Relating to Training

A recurring allowance may be included in the regular grant for either of the following items for a recipient who is ...


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