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MIQUON COSTON v. COMMONWEALTH PENNSYLVANIA (04/07/80)

decided: April 7, 1980.

MIQUON COSTON, 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 Miquon Coston, No. 1309 684 D, dated December 22, 1978.

COUNSEL

Lydia Hernandez-Velez, with her Katherine F. Bryant, for appellant.

Edward P. Carey, Assistant Attorney General, for respondent.

President Judge Crumlish, Jr. and Judges Rogers and Craig, sitting as a panel of three. Opinion by Judge Rogers.

Author: Rogers

[ 50 Pa. Commw. Page 320]

The question presented by this appeal is that of whether or not the appellant, Miquon Coston, is entitled to public assistance in the form of an allowance for transportation expenses incurred in attending college pursuant to Department of Public Welfare Regulation, 55 Pa. Code § 175.23(c)(3)(i), which provides in pertinent part:

(3) Recurring grants for expenses related to training. A recurring allowance may be included in the regular grant for either of the following items for a recipient who is in training as specified in this paragraph. . . .

(i) Does not apply to WIN. The actual cost for public transportation or transportation by the automobile of another person, or $.12 a mile for transportation by the automobile of the client, to and from the training site for the following:

(A) A client who is enrolled in or participating in a non-WIN training program or work-experience program that is part of the training plan of the Department for the individual.

(B) A mother or caretaker relative to attend high school, the General Education Development (GED) program, or undergraduate college.

The facts have been stipulated by the parties. Those relevant to the issue are that Ms. Coston is a general assistance recipient; that she is single with

[ 50 Pa. Commw. Page 321]

    no dependents; that she has been a full-time student at Temple University since the 1977-78 school year; that she received a transportation allowance for the 1977-78 term; that she received a nonrecurring one-time grant for the 1978 fall term for books and fees under 55 Pa. Code § 175.23(2)(vii), (ix); that she was denied a transportation allowance for the 1978 fall term; that upon her appeal, a DPW hearing examiner held that Ms. Coston was eligible for a transportation allowance for the 1978 fall term; and that the Executive Director of DPW's Hearing and ...


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