Coston v. Commonwealth
Coston v. Commonwealth
Opinion of the Court
Opinion by
The question presented by this appeal is that of whether or not the appellant, Miquon Ooston, is entitled to public assistance in the form of an allowance for transportation expenses incurred in attending college pursuant to Department of Public Welfare Regulation, 55 Pa. Code §175.23(e) (3) (i), which provides in pertinent part:
(3) Recurring grants for expenses related to training. A recurring allowance may be included in the regular grant for either of the following items for a recipient who is in training as specified in this paragraph. . . .
(i) Does not apply to WIN. The actual cost for public transportation or transportation by the automobile of another person, or $.12 a mile for transportation by the automobile of the client, to and from the training site for the following :
(A) A client who is enrolled in or participating in a non-WIN training program or work-experience program that is part of the training plan of the Department for the individual.
(B) A mother or caretaker relative to attend high school, the General Education Development (GED) program, or undergraduate college.
The facts have been stipulated by the parties. Those relevant to the issue are that Ms. Coston is a general assistance recipient; that she is single with
The stipulated facts reveal that Ms. Coston is neither a “mother or other caretaker relative” and is therefore ineligible for transportation allowance under 55 Pa. Code §175.23(c) (3) (i) (B). Ms. Coston contends, however, that she qualifies under 55 Pa. Code §175.23(c) (3) (i)¡(A) because she “is enrolled in . . . a non-WIN training program . . . that is part of the training plan of the Department for the individual.” DPW, on the other hand, claims that college attendance can never be “a training program . . . that is part of the training plan of the Department for the individual. ’ ’
With all deference due DPW’s interpretation of its own regulations (See, e.g., Budzinski v. Department of Public Welfare, 39 Pa. Commonwealth Ct. 176, 394 A.2d 1333 (1978)), we are forced to disagree with its conclusion that Ms. Coston’s college attendance is not a ‘ ‘ training program . . . that is part of the training plan of the Department for the individual.” The parties stipulated that a nonrecurring one-time grant for books and fees was authorized for Ms. Coston under 55 Pa. Code §175.23(c) (2). That regulation provides that such grants may be authorized to meet the
We do not here hold that college attendance is always a training program, or that DPW may not by regulation determine that college attendance may never be a training program. We hold here only that on the facts of this case applied to the existing regulations, Ms. Coston’s attendance at Temple University is a “training program . . . that is part of the training plan of the Department for” Ms. Coston.
And Now, this 7th day of April, 1980, the order of the Department of Public Welfare, dated December 7,1978, is reversed and the record is remanded to the Department of Public Welfare for a determination of the travel allowance due Miquon Coston pursuant to 55 Pa. Code §175.23(c) (3) (i) (A).
DPW’s approval of Ms. Coston’s transportation allowance for the 1978-1979 school year and of a nonrecurring one-time grant for Ms. Coston’s books and fees for the 1978-1979 school year and the 1979 fall term distinguish this case from Steward v. Department of Public Welfare, 89 Pa. Commonwealth Ct. 530, 395 A.2d 1043 (1979), and Budzinski v. Department of Public Welfare, supra. In those cases, DPW had, from the time of the claimant’s initial application for an allowance for costs incurred in attending college, consistently denied the request.
Reference
- Full Case Name
- Miquon Coston v. Commonwealth of Pennsylvania, Department of Public Welfare
- Cited By
- 2 cases
- Status
- Published