DocketNumber: Appeal, No. 2675 C.D. 1978
Citation Numbers: 42 Pa. Commw. 372
Judges: Blatt, Disalle, Wilkinson
Filed Date: 5/1/1979
Status: Precedential
Modified Date: 6/24/2022
Opinion by
Petitioner has appealed an adjudication and order of the Department of Public Welfare which determined she was ineligible for food stamps. The denial of eligibility was based upon her ownership of an undivided one-half interest in non-resident real estate valued in excess of $1,500 the maximum allowable resource for determining eligibility under the Pood Stamp Program.
Petitioner owns jointly with her former husband a residential property in the city of Philadelphia valued at $33,000 with encumbrances of $8,600. Pursuant to a property settlement agreement incident to their divorce, the property was to remain vacant while it was listed for sale with a real estate broker. Petitioner contends the value of this property should have been excluded as a “nonaccessible” resource exempted under federal regulations.
Federal regulations governing eligibility for food stamps are found in 7 C.F.R. §271.3(c) (4). These regulations provide that eligibility to participate in the Food Stamp Program may he denied or terminated if the value of financial resources of the household including both liquid and nonliquid assets exceeds $1,500. 7 C.F.R. §271.3(c) (4) (i). The regulations further provide that some assets, including the household’s residence, car and personal effects are not counted as re
Accordingly, we will enter the following
Order
And Now, May 1, 1979, the Final Administrative Action and order of the Department of Public Welfare, dated October 16,1978, is hereby affirmed.
See The Food Stamp Act of 1964, 7 U.S.C. §2011 et seq., as amended. The program was revised and new regulations issued pursuant thereto by the Food Stamp Act of 1977; however, the 1977 act specifically provided that pending proceedings under the 1964 act were to be disposed of pursuant to the provision of that act. See the Food Stamp Act of 1977, Pub. L. No. 95-113, §1303(b), 91 Stat. 958. For this reason, petitioner’s argument that the regulations issued pursuant to the Food Stamp Act of 1977 are relevant to the proceedings here will not be considered except to note that the 1977 act itself disposes of this argument.