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PATRICK J. SCHOFIELD v. COMMONWEALTH PENNSYLVANIA (12/06/79)

decided: December 6, 1979.

PATRICK J. SCHOFIELD, 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 Patrick J. Schofield, dated April 24, 1978.

COUNSEL

Thomas M. Ballaron, for appellant.

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

Judges Mencer, DiSalle and MacPhail, sitting as a panel of three. Opinion by Judge Mencer.

Author: Mencer

[ 47 Pa. Commw. Page 551]

Patrick J. Schofield (petitioner) received unemployment compensation benefits subsequent to his application for, and receipt of, public assistance and failed to report, as required,*fn1 these benefits to the Department of Public Welfare (Department).*fn2 The Department, upon discovering petitioner's receipt of unemployment compensation, determined that petitioner had received a nonfault public assistance overpayment and sought restitution.*fn3 Petitioner challenged the Department's right to restitution on the ground that he was exempt from restitution under 55 Pa. Code ยง 255.3(e)(1), which provides:

[ 47 Pa. Commw. Page 552]

(e) EXEMPTIONS FROM RESTITUTION. Restitution will be waived on overpayments that are as follows:

(1) Due solely to administrative error. The overpayment will be due to administrative error only if all of the following conditions exist:

(i) The County Office failed to get, interpret, or apply appropriately the facts about the situation of the client.

(ii) The client fulfilled his obligation for reporting to the best of his ability.

(iii) The client could not have been expected to know that his grant was more than he ...


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