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GLADYS STEWARD v. COMMONWEALTH PENNSYLVANIA (01/05/79)

decided: January 5, 1979.

GLADYS STEWARD, PETITIONER
v.
COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF PUBLIC WELFARE, RESPONDENT



Appeal from the Order of the Department of Public Welfare in case of Appeal of Gladys Steward, dated July 8, 1977.

COUNSEL

Susanne Reilly, with her Stephen F. Gold, for petitioner.

Edward P. Carey, Assistant Attorney General, for respondent.

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

Author: Wilkinson

[ 39 Pa. Commw. Page 531]

This is an appeal by Gladys Steward (appellant) of an adverse Department of Public Welfare (Department) order. We affirm.

Appellant had been receiving Aid to Families with Dependent Children (AFDC) for herself and her family for seven years. She enrolled in an associate degree program at Community College in Philadelphia for the fall semester of 1977. On the recommendation of her advisor she also enrolled in a preparatory program entitled "Act Now" which was to begin May 9, 1977. She then requested a child care allowance of

[ 39 Pa. Commw. Page 532]

$45.00 a week and transportation allowance of $7.00 a week, so she could attend these "Act Now" classes. This request was denied by the Philadelphia County Board of Assistance (Board) on May 24, 1977. Appellant then requested a fair hearing which was held on June 16, 1977. The hearing examiner affirmed the Board's decision on July 8, 1977. This appeal followed.

The question in this case is whether the Department's denial of child care and transportation benefits for a program not specified in the regulations is an abuse of discretion. DPW-Pa Manual ยง 175.23 provides for assistance to recipients who are in training programs:

(3) Recurring Grants for Expenses Related 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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