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SANDRA K. FINK v. COMMONWEALTH PENNSYLVANIA (07/12/79)

decided: July 12, 1979.

SANDRA K. FINK, PETITIONER
v.
COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF PUBLIC WELFARE, RESPONDENT. DENISE PERRY, PETITIONER V. COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF PUBLIC WELFARE, RESPONDENT. DEBORAH CLARK, PETITIONER V. COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF PUBLIC WELFARE, RESPONDENT



Appeals from the Orders of the Department of Public Welfare in cases of In Re: Appeal of Sandra K. Fink, dated June 2, 1978, Appeal of Denise Perry, dated February 21, 1978, and Appeal of Deborah Clark, dated April 11, 1978.

COUNSEL

Paul Osborne, with him Catherine A. Davis, for petitioner, Sandra K. Fink.

Louis Lessem, for petitioners, Denise Perry and Deborah Clark.

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

Judges Mencer, Rogers and Craig, sitting as a panel of three. Opinion by Judge Rogers.

Author: Rogers

[ 44 Pa. Commw. Page 211]

These are the consolidated appeals of Sandra K. Fink, Denise Perry and Deborah Clark from orders of the Department of Public Welfare upholding decisions

[ 44 Pa. Commw. Page 212]

    of the Allegheny and Beaver County Boards of Assistance denying their applications for Aid to Families with Dependent Children for themselves. The basis for the denial of appellants Clark's and Perry's applications was that each appellant was an unemancipated minor whose parents refused to execute a DPW form acknowledging the liability of their real estate for assistance provided their child. See 55 Pa. Code § 257.24(b)(1)(i). The denial of Fink's application was based on the failure of her parents to sign DPW's forms concerning their real estate and, in addition, their refusal to use and liquidate a savings account in the amount of $3,000.00 to the same extent as would be required if they, the parents, were receiving assistance. See 55 Pa. Code § 181.23(a)(4). We affirm DPW's determination in all three cases.

When she applied for AFDC for herself and her three year old child, Deborah Clark was twenty years old. She had previously supported herself and her child by working as a waitress and, when that job ended, by receiving unemployment compensation benefits. She had never been married and had always lived with her parents. Ms. Clark testified that she continued to live with her parents in order to assist with the care of her mother whose health was poor. She paid $75.00 per month for room rent for herself and her child. The Allegheny County Board of Assistance authorized assistance in the amount of $164.00 per month for Deborah's child and designated Deborah as the specified relative and payment name for her child but denied Deborah's application for assistance for herself.

Denise Perry was nineteen years old at the time she applied for AFDC and was denied benefits for herself. She had been receiving monthly benefits of $158.00 for her child for approximately one year prior to her application for herself and had been designated

[ 44 Pa. Commw. Page 213]

    as the specified relative and payment name for her child. Ms. Perry and her child lived with her parents and their two younger children and paid $70.00 per month in room rent to her parents.

Sandra K. Fink was eighteen years old and had been receiving AFDC benefits in the amount of $141.00 per month for her child for approximately four months when she applied for and was denied benefits for herself. She and her child were living with her parents ...


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