Opinion
Argued September 14, 1981
December 23, 1981.
Public assistance — Food stamps — Income.
1. For purposes of calculating eligibility for food stamps, AFDC payments are includible. [351]
Argued September 14, 1981, before Judges BLATT, MacPHAIL and PALLADINO, sitting as a panel of three.
Appeal, No. 1038 C.D. 1980, from the Order of the Department of Public Welfare in the case of Appeal of Elizabeth West, No. 748 511-C.
Food stamp benefits reduced by Philadelphia County Assistance Office. Recipient appealed to the Department of Public Welfare. Appeal denied. Recipient appealed to the Commonwealth Court of Pennsylvania. Held: Affirmed.
David L. Hill, for appellant.
Catherine Stewart, Assistant Attorney General, for respondent.
Elizabeth West appeals an order of the Department of Public Welfare (DPW) which affirmed the Philadelphia County Assistance Office's (CAO) recomputation of food stamp benefits. We affirm.
Based on additional employment income reported by West, the CAO recalculated her eligibility for benefits under both the Aid to Families with Dependent Children (AFDC) and Food Stamp programs. West's benefits (as a mother with two dependent children) under AFDC were reduced from $318.00 to $272.30 per month and her food stamp assistance was terminated.
West contends that the $172.50 allowed as a deduction by CAO for transportation and child care expenses in computing her AFDC payment, 55 Pa. Code § 183.44(f)(1)(i) and (iv), should be considered, in practical effect a reimbursement for purposes of food stamp eligibility computation. If the $172.50 in deductions is considered to be a reimbursement, it would be excludible income for the purposes of calculating food stamp eligibility, 55 Pa. Code § 523.3(c)(7)(i), (iii), and West would be eligible for food stamps.
The DPW calculated West's food stamp eligibility as follows:
$499.90 Gross monthly earned income -99.98 20% of earned income ------- $399.92 +272.30 Public Assistance Grant ------- $672.22 -75.00 Standard household deduction ------- $597.22 -90.00 Maximum allowance for child care and shelter ------- deductions $507.22
The maximum allowable income for a household of three persons, to be eligible for foodstamps, is $500.
West urges the following calculation:
$499.90 -99.98 ------- $399.92 +99.80 West would exclude here the $172.50 in ------- deductions allowed in calculating her AFDC $499.72 payment, thus arriving at this lower Public -75.00 Assistance Grant figure. ------- $424.72
West's contention is without merit. The food stamp provisions are clear: for purposes of calculating eligibility, AFDC payments are to be considered includible, unearned income, 55 Pa. Code § 523.3(b)(2)(i).
If we accepted West's argument, we would, in effect, be granting her a double payment for her transportation and child care expenses. These provisions were never intended to have such an effect.
Affirmed.
ORDER
AND NOW, December 23, 1981, the order of the Department of Public Welfare, Number 748511-C, dated April 2, 1980, is affirmed.