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CAROLYN A. RODGERS v. COMMONWEALTH PENNSYLVANIA (09/12/79)

decided: September 12, 1979.

CAROLYN A. RODGERS, 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 Carolyn Rodgers, Case No. 109133-C, dated June 13, 1978.

COUNSEL

Richard A. Bruni, with him Arnold H. Cantor, for petitioner.

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

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

Author: Mencer

[ 45 Pa. Commw. Page 574]

This is an appeal of right from that part of a fair-hearing decision of the Department of Public Welfare

[ 45 Pa. Commw. Page 575]

(DPW) affirming the decision of the Westmoreland County Board of Assistance denying the request of Carolyn A. Rodgers (petitioner) for a one-time grant of $66 (clothing and a registration fee for attendance at the Pittsburgh Beauty Academy) because the request was made 8 days after petitioner began training to become a beautician.

The DPW decision was based on the rationale that, since petitioner had commenced her training during the week previous to her request for the $66 grant, the items to be covered by the grant were not at the time of the request needed and to deny them was in accordance with Public Assistance Eligibility Manual § 175.23(c)(2), 55 Pa. Code § 175.23(c)(2). This regulation, in pertinent part, reads as follows:

(c) Grants to decrease need for assistance. Grants to decrease need for assistance will conform with the following:

(2) Nonrecurring one-time grant. A nonrecurring one-time grant may be authorized for an allowance to meet the actual minimum cost, subject to the specified maximum allowances, for any of the following items provided an individual shows that these items are needed in order to apply for or to accept employment or training which will result in decreasing or preventing his need for assistance. The individual must provide proof that he has an offer of a job, referral to a job or training program, or that he has been scheduled for admission to an examination, such as a Civil Service test or high school equivalency test. The eligible items are as follows:

(i) Clothing subject to a maximum of $75 will include ...


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