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STAN HAMILTON v. COMMONWEALTH PENNSYLVANIA (09/09/85)

decided: September 9, 1985.

STAN HAMILTON, PETITIONER
v.
COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF PUBLIC WELFARE, RESPONDENT



Appeal from the Order of the Department of Public Welfare in the case of Stan Hamilton, Case No. 40A0012.

COUNSEL

Stan Hamilton, petitioner, for himself.

Jason W. Manne, Assistant Counsel, for respondent.

Judges MacPhail, Barry and Palladino, sitting as a panel of three. Opinion by Judge Palladino.

Author: Palladino

[ 91 Pa. Commw. Page 522]

This case is before the court on the pro se appeal of Stan Hamilton (Appellant) from an order of the Department of Public Welfare (DPW) which denied Low Income Housing Energy Assistance (LIHEA) to Appellant. We affirm.

[ 91 Pa. Commw. Page 523]

The facts as found by the DPW hearing officer are undisputed. Appellant has an annual income of $9,288.00 which he receives from Unemployment Compensation benefits. Appellant is the father of three sons who are all attending college away from home. Appellant lives in a rented home in Luzerne County and heats the premises with oil.

On March 6, 1984, Appellant applied for an LIHEA grant which was denied by the Luzerne County Assistance Office (LCAO) because Appellant's household income exceeds the maximum income limitation for a one-person household. Appellant filed a timely appeal to DPW. The DPW hearing officer reversed the LCAO decision and ordered the LCAO to grant Appellant three hundred twenty seven dollars per year under the LIHEA program. The adjudication of the hearing officer was reversed by the DPW Office of Hearings and Appeals. Appellant filed a timely appeal from the final order of the DPW to this Court.

The only question presented for our review is whether DPW properly considered Appellant's household to consist of one person rather than four people.

The LIHEA program is funded by the federal government under Title XXVI of the Omnibus Budget Reconciliation Act of 1981, 42 U.S.C. §§ 8621-8629. The purpose of the program is to assist eligible households to meet the cost of home heating. 55 Pa. Code § 601.1(b)(1). DPW has been assigned responsibility to administer the program. 55 Pa. Code § 601.1(b)(1). In order to meet this responsibility, DPW has promulgated regulations setting forth the eligibility requirements of the LIHEA program. Eligibility is dependent upon the number of people which constitutes a household and the combined income of the household members.

[ 91 Pa. Commw. Page 524]

"Household" is defined, in pertinent part, as "[a]n individual or a group of individuals who are physically residing together and whose residential energy is customarily purchased in common . . ." 55 Pa. Code § 601.2. Although the regulations promulgated by DPW do not address the question of whether college students who spend the school year away from home are to be counted as part of the household, DPW has interpreted the definition to exclude college students who do not physically reside at home during the school year. DPW has determined that the time which a college ...


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