Foster v. Commonwealth, Department of Public Welfare

452 A.2d 569, 69 Pa. Commw. 383, 1982 Pa. Commw. LEXIS 1618
CourtCommonwealth Court of Pennsylvania
DecidedOctober 18, 1982
DocketAppeal, No. 1308 C.D. 1981
StatusPublished
Cited by1 cases

This text of 452 A.2d 569 (Foster v. Commonwealth, Department of Public Welfare) is published on Counsel Stack Legal Research, covering Commonwealth Court of Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Foster v. Commonwealth, Department of Public Welfare, 452 A.2d 569, 69 Pa. Commw. 383, 1982 Pa. Commw. LEXIS 1618 (Pa. Ct. App. 1982).

Opinions

OPINION by

Judge Rogers,

Herman Foster seeks review of an order of the Department of Public Welfare entered May 6, 1981, following an evidentiary hearing conducted pursuant to a remand order of this court, denying his appeal from the Department’s determination that he is ineligible for benefits under the General Assistance (GA) [385]*385program and sustaining t]ie -constitutional validity of a regulation of the Department found at 55 Pa. Code §183.64(e) (1), by which was established a $25 maximum limitation on work-related expenses deductible from gross income for the purpose of determining GA eligibility. Specifically, the Department held that the regulation challenged is consistent with the statutory authority of Section 5 of the Act of July 9, 1976, P.L. 993, 62 P.S. §432.12(a)1 and is a proper exercise of the Department’s authority to administer efficiently, economically, and appropriately the funds available for General Assistance. Poster here renews his challenge to the constitutionality of the $25 ceiling; arguing that he is, by its operation, denied equal protection of the laws. We affirm.

When this matter was previously before us, we held that the inadequacy of the evidentiary record precluded our review. The factual context is set forth in the opinion accompanying our earlier order, Foster v. Department of Public Welfare, 47 Pa. Commonwealth Ct. 441, 408 A.2d 216 (1979) (Foster I), and will not be repeated here in any detail. It suffices to note that the petitioner is trained and presently employed as a professional engineer and in 1977 he earned $11,352.00. His wife suffers from multiple sclerosis, a degenera[386]*386tive disease of the central nervous system, and requires constant care of another person. In 1977 the petitioner’s work-related expenses, including $430 per month paid to persons who care for his wife while he was at work, were such that his income after payment of these expenses was less than the maximum monthly ■allowance for a two-person household in Philadelphia. Accordingly, the Fosters, who had been receiving GA benefits since 1972, received such benefits in the approximate amount of $191 per month in 1977.

In 1976, the Public Welfare .Code was amended and Section 432.12 referred to above was added. This provision changed the method of computation used for determining the available income of an employed applicant for General Assistance. Previously, all expenses attributable to the earning of income, including such expenses as those related to commuting, uniforms, and the care of resident dependents during working hours, were deductible without limit for the purpose of calculating the applicant’s available income and corresponding need for assistance. Section 432.12 placed a ceiling of $25 on the deductibility of these expenses. The Department implemented this provision by promulgating a regulation found at 55 Pa. Code, §183.64 (e)(1) which provides:

Expense deductions from earned income (GA). Expense deductions from earned income will be as follows:
(1) Personal and work expenses for other than self employment. The cost, not to exceed the total amount of $25, will be deducted from the earned income of each GA client 14 years of age or older for the following personal and work expenses attributable to the continued earning of such income:
(i) Expenses for transportation to and from employment.
[387]*387(ii) Expense of care of children or a sick or disabled adnlt if no other sonnd plan can he made for their care.

In Jnne of 1977, the Philadelphia Connty Board of Assistance redetermined the Posters’ GA eligibility and found that although their financial circumstances were unaltered since last examined, by operation of the newly enacted deduction ceiling, the Posters’ excessive income disqualified them from the program. Because the petitioner’s expenses, and especially those related to the care of his wife, were not considered to the extent that they exceeded $25 a month, the Board calculated the Posters’ net monthly income to be $871, a figure far higher than the $247 maximum permitted. The petitioner appealed from the redetermination and was given a hearing at which ithe hearing examiner found that the Posters had been properly denied GA benefits. The petitioner then pursued his appeal to this Court resulting in our remand for a hearing at which “evidence bearing on the relationship of the limitation [$25] .to legitimate governmental interests may be shown.” Foster I, at 447, 408 A.2d at 219. Such evidence has been .submitted by the Department and has been certified to this Court. This evidence resolves the issue of the constitutionality of the contested regulation.

It must be emphasized that the Petitioner does not contend that the resources devoted to the care of his wife are other than “income . . . actually available for [his] current use” within the meaning of Subsection (c) of 62 P.S. §432.12. Cf. Watson v. Department of Public Welfare, 42 Pa. Commonwealth Ct. 181, 400 A.2d 669 (1979). Such a contention would be unavailing. See Department of Public Welfare v. Gilmore, 25 Pa. Commonwealth Ct. 406, 360 A.2d 846 (1976); Department of Public Welfare v. Ivy, 18 Pa. Commonwealth Ct. 348, 336 A.2d 435 (1975). Moreover, the [388]*388Petitioner lias not brouglit to this Court's attention any authority which would require the Department to disregard a portion of an applicant’s .available income in determining eligibility for the GA program. No reason is given, therefore, why the legislature might not lawfully require that income expended on such work-related items as uniforms, commuting expenses, and care of resident dependents during working hours must be included in its entirety for the purpose of determining GA eligibility. The Petitioner’s burden is to establish that although such expenses might not be permitted to be deducted at all, a $25 ceiling on their deductibility offends the Constitution.

The Supreme Court in Department of Public Welfare v. Molyneaux, Pa. , 445 A.2d 730 (1982), has recently annunciated criteria for determining the constitutionality of this kind of legislation:

In the field of social welfare, the standard for testing the validity of congressional enactments establishing statutory classifications was enunciated in Flemming v. Nestor, 363 U.S. 603, 611, . . . (1970). “Particularly when we deal with a withholding of a noncontractual benefit under a social welfare program ... , we must recognize that the Due Process Clause can be thought to interpose a bar only if the state manifests a patently arbitrary classification, utterly lacking in rational justification. ’ ’
It was summed up in Weinberger v. Salfi, 422 U.S. 749, 777,... (1974):

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Bluebook (online)
452 A.2d 569, 69 Pa. Commw. 383, 1982 Pa. Commw. LEXIS 1618, Counsel Stack Legal Research, https://law.counselstack.com/opinion/foster-v-commonwealth-department-of-public-welfare-pacommwct-1982.