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GEORGE CARR v. COMMONWEALTH PENNSYLVANIA (03/13/79)

decided: March 13, 1979.

GEORGE CARR, 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 George Carr, No. 32033C, dated November 3, 1977.

COUNSEL

Dianne Upson, for appellant.

Linda M. Gunn, Assistant Attorney General, for appellee.

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

Author: Rogers

[ 41 Pa. Commw. Page 255]

George Carr has appealed from an order of the Secretary of Welfare affirming the order of a hearing examiner discontinuing public assistance to the Carr family.

Before August 1977, Mr. Carr received Supplemental Security Income*fn1 (SSI) as a disabled person. In addition, Mr. Carr was "payment name" for public assistance for his wife and five children as Aid to Families with Dependent Children*fn2 (AFDC). Mr. Carr was later declared eligible for and awarded Old-age, Survivors

[ 41 Pa. Commw. Page 256]

    and Federal Disability Insurance*fn3 (OASDI) benefits for himself and his family. On August 1, 1977 the Chester County Board of Assistance sent Mr. Carr a notice of the discontinuance of the AFDC grant because the OASDI benefits of Mrs. Carr and the children, together with the amount Mr. Carr was expected to contribute to the family from his OASDI benefits, exceeded eligibility standards for public assistance. The Board made the following calculations pursuant to Department of Public Welfare (DPW) regulation Section 183.44:*fn4

$336.44 Mr. Carr's OASDI benefits per month

-- 54.00 Mr. Carr's share of assistance grant

(additional amount family would re-

     ceive if Mr. Carr were included in as-

     sista ...


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