Appeal from the Order of the Department of Public Welfare in case of Claim of Audrey C. Orner, dated August 1, 1978.
Kandace F. Foust, for appellant.
Linda M. Gunn, Assistant Attorney General, for appellee.
Judges Blatt, DiSalle and MacPhail, sitting as a panel of three. Opinion by Judge MacPhail.
[ 44 Pa. Commw. Page 636]
Audrey C. Orner (Appellant) here appeals the adjudication and order of the Department of Public Welfare (DPW), which affirmed a prior verbal denial of her request for a child care allowance.
Appellant receives Aid to Dependent Children (ADC), assistance for herself and two children in the amount of $302.00 a month. Although Appellant is
[ 44 Pa. Commw. Page 637]
exempt from the Work Incentive Program (WIN) benefits, due to the ages of her children, she nevertheless voluntarily registered with the Bureau of Employment Services (BES), and expressed a desire to enter into a practical nurse training program. The BES referred Appellant to the Altoona Area Vocational Technical School (VoTech), where she was given an entrance examination. Appellant failed that examination in the areas of mathematics and biology.
Previous to the aforesaid events, Appellant received a high school diploma in June of 1972. While in high school, Appellant had pursued a business curriculum which afforded little or no training in biology and mathematics. Accordingly, VoTech referred Appellant to the Community Education Center (Center) where she enrolled in mathematics and biology courses. Appellant dutifully attended most of the sessions of those courses, successfully completed her studies, and has retaken the entrance examination for practical nurse training.
While Appellant was taking the courses at the Center, her children were being cared for by a babysitter. After she had begun her studies at the Center and had employed the babysitter, Appellant reported what she was doing to the Blair County Board of Assistance (CAO) during a home visit, and requested an allowance for child care pursuant to the regulations found at 55 Pa. Code § 175.23(c)(3)(ii),*fn1 which read as follows:
(ii) The actual reasonable cost of care for the child or children of a client or care for a sick or disabled ...