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Simms v. Dept. of Pub. Welfare

Commonwealth Court of Pennsylvania
Sep 27, 1984
481 A.2d 997 (Pa. Cmmw. Ct. 1984)

Opinion

September 27, 1984.

Public assistance — Eligibility for general assistance — Ownership of non-resident real property — Regulations.

1. Under regulations of the Department of Public Welfare an owner of non-resident real property, who does not take adequate steps to sell it, is ineligible for general assistance benefits, and a reviewing court will not look beyond the plain unambiguous words of such regulation to find an exception when such property is encumbered by liens or in disrepair. [326-7]

Submitted on briefs to President Judge CRUMLISH, JR. and Judges COLINS and BLATT, sitting as a panel of three.

Appeal, No. 528 C.D. 1981, from the Order of the Secretary of the Department of Public Welfare in case of Appeal of: Marjorie Simms, No. 974 426 D.

Public assistance benefits discontinued by Philadelphia County Board of Assistance. Recipient appealed. Hearing Examiner sustained appeal. Office of Hearings and Appeals reversed decision. Recipient appealed to the Department of Public Welfare. Decision affirmed. Recipient appealed to the Commonwealth Court of Pennsylvania. Held: Affirmed.

David L. Hill, for petitioner.

Catherine Stewart, Assistant Counsel, for respondent.


Simms appeals a Department of Public Welfare (DPW) order reversing a hearing examiner's decision to continue general assistance benefits. We affirm.

Our scope of review from a final order of the Department of Public Welfare is limited to whether an error of law was committed, constitutional rights were violated or findings of fact were unsupported by substantial evidence. Hardy v. Department of Public Welfare, 81 Pa. Commw. 428, 429 n. 2, 473 A.2d 1138, 1139 n. 2 (1984).

Simms has been a recipient of public assistance benefits since December, 1971. She has owned a house in Philadelphia since January, 1966, which she vacated in 1979 due to its extreme state of disrepair.

Simms applied to the City of Philadelphia, Office of Housing and Community Development, for funds to make repairs to her home. As of the date of the hearing, she had not received any money for renovation of the house.

On November 6, 1980, the County Assistance Office informed Simms that on November 24, 1980, her assistance benefits would be discontinued because she owned nonresident real property which had not been marketed for sale.

The hearing examiner instructed the Philadelphia County Board of Assistance to continue benefits. On appeal, DPW reversed the decision of the hearing examiner and found that Simms was ineligible for public assistance because of her ownership of the real property. Upon reconsideration, the Secretary of Public Welfare affirmed the decision of DPW.

Simms contends that her property should not be considered a resource because the extensive liens and encumbrances against it negate any real market value. We disagree.

This Court will not look beyond the words of a regulation where they "are clear and free from all ambiguity." Farrell v. Department of Public Welfare, 70 Pa. Commw. 278, 280, 452 A.2d 1130, 1132 (1982). Under the Real Property Provisions for General Assistance, Simms' property is defined as nonresident real property. The provisions further provide that "[t]he individual who owns real property which is not his home is ineligible unless [s]he takes adequate steps to sell it at its approximate market value when it is offered for sale on the open market." These regulations implement the directive of Section 432.5(d) of the Public Welfare Code, Act of June 13, 1967, P.L. 31, as amended, 62 P. S. § 432.5(d). Neither the statute nor the regulations provides for an exception to this requirement regardless of whether the property has substantial liens and encumbrances. We hold that DPW did not err in its determination that Simms was ineligible for general assistance benefits.

55 Pa. Code § 179.22. This section defines nonresident real property as:

Property not used as a home by the client, his spouse, or his minor or incompetent adult children, or property that has been the home of the client or his spouse but has not been so used for six consecutive months and there appears little likelihood that either will return to it.

This section provides:

In the case of nonresident real property, the applicant or recipient must take adequate steps to offer such property for sale on the open market, convert it to cash, with such sums being considered an available resource. The applicant or recipient shall acknowledge the liability of the property for reimbursement.

Because we limit our holding to the denial of general assistance benefits due to Simms' ownership of nonresidential real property, we do not reach the issues of any possible eligibility for medical benefits or food stamps.

Affirmed.

ORDER

The Final Order of the Secretary of the Department of Public Welfare, dated March 5, 1981, is affirmed.


Summaries of

Simms v. Dept. of Pub. Welfare

Commonwealth Court of Pennsylvania
Sep 27, 1984
481 A.2d 997 (Pa. Cmmw. Ct. 1984)
Case details for

Simms v. Dept. of Pub. Welfare

Case Details

Full title:Marjorie Simms, Petitioner v. Commonwealth of Pennsylvania, Department of…

Court:Commonwealth Court of Pennsylvania

Date published: Sep 27, 1984

Citations

481 A.2d 997 (Pa. Cmmw. Ct. 1984)
481 A.2d 997