PETITION FOR REVIEW (DEPT. OF PUBLIC WELFARE.
Peggy Hooker, Laurel Legal Services, Inc., Greensburg, for petitioner.
Jason W. Manne, Harrisburg, for respondent.
Craig and Smith, JJ., and Narick, Senior Judge.
[ 128 Pa. Commw. Page 167]
Irma J. Springer (Petitioner) appeals an order of the Secretary of the Department of Public Welfare (Respondent) denying Petitioner's request for reconsideration and affirming the order of the Office of Hearings and Appeals
[ 128 Pa. Commw. Page 168]
which found that Petitioner's minor son was a mandatory member of her filing unit pursuant to Section 432.12 of the Public Welfare Code.*fn1 This Court reverses and remands.
The issues presented for appeal are whether the inclusion of Ryan Springer in the filing unit was required by 42 U.S.C. § 602(a)(38) and whether Respondent erred in failing to treat Ryan's social security benefits as it would treat child support payments made by the child's father.*fn2
Petitioner, a recipient of Aid to Families with Dependent Children (AFDC),*fn3 lives in a household with her two minor children. Petitioner's minor son, Ryan Springer, receives social security benefits of $249.70 per month on account of his retired father. In May of 1988, Petitioner was advised that Ryan Springer was henceforth to be included in her AFDC filing unit in accordance with the Deficit Reduction Act of 1984 which had revised Section 402(a)(38) of the Social Security Act, 42 U.S.C. § 602(a)(38). Pursuant to the revisions, all co-residents of a household were to be included in the family unit for AFDC assistance purposes and the income of all siblings and half-siblings residing in the same household as AFDC recipients was to be included and considered available to the entire family. See Lewis v. Department of Public Welfare, 124 Pa. Commonwealth Ct. 535, 556 A.2d 538 (1989).
Respondent incorporated these changes into the state regulatory scheme through the issuance of temporary regulations to the Department of Public Welfare's Public Assistance
[ 128 Pa. Commw. Page 169]
Eligibility Manual (PAEM).*fn4 The effect of the inclusion of Ryan in the filing unit and the addition of his income to the household was a ...