Singer v. Commonwealth
Singer v. Commonwealth
Opinion of the Court
Opinion by
Betty L. Singer has .appealed from an order of a Department of Public Welfare (DPW) Hearing Officer, affirming a decision of the Blair County Board of Assistance that Social Security benefits to which her minor son, Nicolas Singer, is entitled as a dependent of his father, Alvin Morrison, should be considered income of the Betty L. Singer household in which Nicolas lived, for purposes of determining what the household must.pay for food stamps.
Before April 9, 1976, appellant and her three children, one of which was Nicolas, could purchase $166.00 of food stamps each month for $77.00. As of April 8, 1976, Nicolas became eligible to receive $99.50 each month in Social Security Disability Benefits from the account of his father, Alvin Morrison, who does not reside in appellant’s household. Alvin Morrison re
The County Board decided that the whole amount of Nicolas’ Social Security benefit should be considered income of the household for food stamp purposes with the result that the household’s monthly cost of $77.00 for $166.00 in food stamps increased to $104.00. As a result of this determination, Alvin Morrison induced the Social Security Administration to make the payments to him as Nicolas’ representative payee and continued to deposit a part of the child’s benefits in the savings account.
Betty L. Singer asked for and received a fair hearing to. contest the County Board’s determination which caused the increase in the cost of her household’s food- stamps. The Hearing Officer affirmed the County Board’s decision that Nicolas’ benefits were to be included as household income for food stamp purposes.’ This appeal followed. We agree with the decision below and will dismiss Betty L. Singer’s Petition for Review of the Hearing Officer’s order.
We begin with the regulations of the Social Security Administration to be found at 20 C.P.R. §410.582 through §410.590. These provide for the payment of
Passing to the DPW’s regulations regarding the Food Stamp Program, we note DPW-manual §3753.72 dealing with the household’s income, upon which eligibility is based, which provides that “[a] 11 payments received by or made on behalf of household members is income for Food Stamp purposes, except for those exclusions specified in §3753.722.” It is too clear for serious argument to the contrary that Nicolas’ Social Security Disability benefits under the Social Security Administration regulations were payments made on behalf of Nicolas, a member of Betty L. Singer’s household and hence income under DPW-manual §3753.72, unless excluded by §3753.722. A careful examination of the myriad subsections of the last mentioned regulation discloses no exclusion for Social Security benefits, however paid.
Betty L. Singer also refers us to DPW-manual §3753.677 which says that the cash value of resources
Accordingly, we will affirm the order of the Department’s Hearing Officer and dismiss the Petition for Beview.
Order
And Now, this 4th day of January, 1978, the order of the Department of Public Welfare Hearing Officer dated August 19, 1976 given final administrative effect August 20, 1976 is affirmed, and the Petition for Beview filed by Betty L. Singer is dismissed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.