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ARLENE HENDRICKS v. COMMONWEALTH PENNSYLVANIA (06/06/79)

decided: June 6, 1979.

ARLENE HENDRICKS, 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 Arlene Hendricks, dated August 21, 1978.

COUNSEL

Richard S. Packel, for petitioner.

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

Judges Wilkinson, Jr., Blatt and DiSalle, sitting as a panel of three. Opinion by Judge Blatt.

Author: Blatt

[ 43 Pa. Commw. Page 223]

Arlene Hendricks (petitioner) appeals here from a Department of Public Welfare (DPW) decision denying her a special grant in the form of a moving allowance.

The petitioner, a recipient of AFDC*fn1 benefits, requested a moving allowance from the Delaware County Board of Assistance (CBA) pursuant to a DPW regulation which provides:

(3) Actual minimum cost of transportation and necessary related expenses which cannot be met from other resources will be authorized a one-time grant or included in the computation of the grant if any of the following circumstances exist:

(i) A client must move either because he has received an order to vacate his present home, or his present home is detrimental to his health and welfare but he has no order to vacate.

[ 43 Pa. Commw. Page 224]

In either case, the allowance must be approved in advance by the Executive Director or his delegate as set forth for SSI persons in § 297.3 of this title (relating to requirements). Actual minimum cost of transportation will include transportation of persons and their household effects, to their new residence and any necessary expenses enroute.

55 Pa. Code § 175.23(b).*fn2

The record indicates that at the time of the request the petitioner represented that she was moving because she had received an eviction notice. The CBA examined the document she presented and, after consulting with her landlord,*fn3 denied her ...


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