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BEVERLY LEWIS v. COMMONWEALTH PENNSYLVANIA (03/31/89)

decided: March 31, 1989.

BEVERLY LEWIS, PETITIONER
v.
COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF PUBLIC WELFARE, RESPONDENT



Appeal from the Order of the Department of Public Welfare in the case of Appeal Of: Beverly Lewis, Case No. 65-0088347.

COUNSEL

Peggy Hooker, for petitioner.

Jason W. Manne, Assistant Counsel, with him, Jeffrey P. Schmoyer, Assistant Counsel, for respondent.

Judges Craig and Doyle, and Senior Judge Kalish, sitting as a panel of three. Opinion by Senior Judge Kalish.

Author: Kalish

[ 124 Pa. Commw. Page 535]

Beverly Lewis (petitioner) petitions for review of an order of the Pennsylvania Department of Public Welfare (Department). We affirm.

The petitioner had been receiving Aid to Families with Dependent Children (AFDC) in the amount of $384

[ 124 Pa. Commw. Page 536]

    per month for herself and two minor children. She also had a son, under fourteen years of age, living in the household, whose father was deceased. This child was receiving $400 per month as social security benefits. The income of this child was not included in determining the AFDC grant.

The Department now seeks to include him in the AFDC grant unit, thereby reducing the family's AFDC grant to $29.00 per month. The petitioner challenges the Department's rules by which benefits for children under Title II of the Social Security Act, 42 U.S.C. § 602(a)(38) are included in determining the AFDC eligibility, on the grounds that section 407 of the Social Security Act bars assignment of Title II benefits to anyone other than the Title II recipient. Petitioner asserts that under section 432.12 of the Public Welfare Code, Act of June 13, 1967, P.L. 31, added by the Act of July 15, 1976, P.L. 933, as amended, 62 P.S. § 432.12, the need for aid to families with dependent children shall not include the income of a child under fourteen years of age.

In Showers v. Cohen, 645 F. Supp. 217 (M.D. Pa. 1986), the court explained the AFDC program as follows:

The AFDC program is authorized under Title IV-A of the Social Security Act, 42 U.S.C §§ 601, et seq., and is a cooperative federal/state effort established by Congress to enable each state to furnish financial assistance to certain needy children and the parents or relatives with whom they live. 42 U.S.C. § 602 . . . Under the AFDC program, funding is provided to dependent children under the age of 18 who live in households where at least one parent is absent or physically or mentally incapacitated. 42 ...


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