Robinson v. South Carolina Department of Social Services
Robinson v. South Carolina Department of Social Services
Opinion of the Court
This is an appeal from an order of the Circuit Court which reversed the decision of appellant South Carolina Department of Social Services denying food stamps for the household of respondent Eartha Lee Robinson. We affirm.
The material facts here are not in dispute.
The Department argues that because these funds are available to the child as one member of the Robinson household, the entire household is ineligible for food stamps. We reject this argument for the following reason.
Department of Social Services Regulation 114-27-54, S. C. Code Vol. 27 (Supp. 1983), provides what resources are to be considered in determining eligibility of a household for food stamps. Subsection (G)(7) specifically excludes from consideration resources whose cash value is not accessible to the household.
The assets of a minor child may only be used to benefit the child himself or herself. They cannot be used by others unless necessary for that purpose. Thus it would be unlawful for the funds of the child here to be used for the other household members, absent a showing this would be somehow necessary to benefit the child. Cf. Beckwith v. McAlister, 165 S. C. 1, 162 S. E. 623 (1932) (holding it is improper for a Probate Court to allow assets of a child to pay prior debts of parents).
Likewise, it would be manifestly unjust to deny the other household members needed assistance simply because they live with a child who has funds to which they have no access.
Accordingly, the order of the Circuit Court is
Affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.