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KAREN A. MILLER v. COMMONWEALTH PENNSYLVANIA (07/31/86)

decided: July 31, 1986.

KAREN A. MILLER, 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: Karen A. Miller, Case No. 140051321.

COUNSEL

Michael Bresnahan, for petitioner.

Mary Frances Grabowski, Assistant Counsel, for respondent.

Judges MacPhail and Colins, and Senior Judge Rogers, sitting as a panel of three. Opinion by Judge MacPhail.

Author: Macphail

[ 99 Pa. Commw. Page 393]

Karen A. Miller (Petitioner) appeals from a final order of the Department of Public Welfare (DPW) which refused a request for reconsideration of a DPW order which denied Petitioner's appeal from a decision of the Centre County Board of Assistance (Board) denying Petitioner, a recipient of Aid to Families with Dependent Children (AFDC), a one-time grant for a one-time general deposit fee and enrollment fee for the Pennsylvania State University, where she is enrolled. We affirm.

At a fair hearing held June 25, 1985, Petitioner testified that she had been accepted at Penn State as a

[ 99 Pa. Commw. Page 394]

    provisional student and would be taking courses in agriculture. In upholding the Board's denial of the one-time grant, DPW determined that Petitioner had failed to provide proof of either a job offer or training that would result in a decrease in need for assistance as required by the following regulation:

(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:

(vii) Registration or enrollment fee for a training course.

Section 175.23(c)(2)(vii) of the Public Assistance Eligibility Manual (PAEM), 55 Pa. Code ยง 175.23(c)(2)(vii).

For a claimant to be entitled to a nonrecurring one-time grant under the regulation it is incumbent upon the claimant to show that the grant is "needed in order to apply for or to accept employment or training which will result in decreasing or preventing his need for assistance." See Burwell v. Department of Public Welfare, 51 Pa. Commonwealth Ct. 374, 414 A.2d 443 (1980); Rodgers v. Department of Public Welfare, 45 Pa. Commonwealth Ct. 574, 405 A.2d 1068 (1979). ...


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