STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

EUGENE CASH, )

)

Petitioner, )

)

vs. ) CASE NO. 81-2747L

)

DEPARTMENT OF HEALTH AND )

REHABILITATIVE SERVICES, )

)

Respondent. )

)

RECOMMENDED ORDER

Pursuant to notice, this cause came on for hearing before Linda M. Rigot, the assigned Hearing Officer of the Division of Administrative Hearings, on November 25, 1981, in Miami, Florida.

APPEARANCES

For Petitioner: Eugene Cash

245 Ninth Street, Apartment 4 Miami Beach, Florida 33139

For Respondent: Leonard Helfand, Esquire

District XI Legal Counsel Department of Health and

Rehabilitative Services

401 Northwest Second Avenue, Suite 1040 Miami, Florida 33128

Petitioner requested a hearing due to the denial of his application for benefits pursuant to the Low Income Energy Assistance Program. Accordingly, the issue for determination is whether Petitioner's application for benefits should be approved.

Petitioner, Eugene Cash, testified on his own behalf, and Respondent presented the testimony of Virginia Chittick. Additionally, Joint Exhibits 1 -

3 were offered and received into evidence.

FINDINGS OF FACT

1. Petitioner and his wife live together in subsidized housing on Miami Beach. They are both disabled, and they receive a combined monthly income of

   $421 in social security benefits. They have no other income, earned or unearned.

2. Petitioner made application for low income energy assistance benefits for his home cooling costs. Respondent denied that application for benefits since the maximum monthly income for a two-person household is $418. Except for exceeding the maximum income limit, Petitioner is otherwise eligible for low income energy assistance benefits.

   
   

3. A lady who assists Petitioner in caring for himself and his wife stays with them two or three nights a week. Petitioner pays her a few dollars a day when he is able and charges her nothing for any meals or for her room when she stays with Petitioner and his wife. This same lady also spends several nights a week with a friend of Petitioner's, and she has her own apartment for which she pays rent.

   
   

   CONCLUSIONS OF LAW

   
   

4. The Department of Health and Rehabilitative Services has been authorized to provide home energy assistance benefits to eligible households pursuant to the Federal Home Energy Assistance Program. Section 409.508, Florida Statutes (1980 Supp.). Harsh though it may seem, Petitioner and his wife exceed the maximum allowable monthly income for a two-person household by three dollars per month. 10 CER 81-11, Florida Administrative Code. Petitioner argues that the lady who stays with him and his wife several days a week should be counted as a part-time member of the household. Neither the statute nor the rules provide for differentiating between part-time and full-time members of a household. Rather, the rules simply consider a household to be a group of persons living together in the same dwelling unit. Clearly, a person can be a member of only one household at any time. Since the lady who assists Petitioner and his wife has her own apartment and simply stays with them several times a week, she is not a member of Petitioner's household. Accordingly, the combined income of Petitioner and his wife exceeds the maximum allowable income for a two-person household, and Petitioner is, therefore, not eligible for benefits for his cooling bill.

RECOMMENDATION

Based upon the foregoing Findings of Fact and Conclusions of Law, it is, therefore,

RECOMMENDED THAT:

A final order be entered denying Petitioner's application for Low Income Energy Assistance Program benefits.

RECOMMENDED this , in Tallahassee, Florida.

LINDA M. RIGOT, Hearing Officer Division of Administrative Hearings The Oakland Building

2009 Apalachee Parkway

Tallahassee, Florida 32301

(904) 488-9675

Filed with the Clerk of the Division of Administrative Hearings this 2nd day of December, 1981.

COPIES FURNISHED:

Eugene Cash

245 Ninth Street, Apt. 4 Miami Beach, Florida 33139

Leonard Helfand, Esquire District XI Legal Counsel Department of Health and

Rehabilitative Services

401 N.W. Second Avenue, Suite 1040 Miami, Florida 33128

Mr. David Pingree, Secretary Department of Health and

Rehabilitative Services 1323 Winewood Boulevard

Tallahassee, Florida 32301

Docket for Case No: 81-002747

Orders for Case No: 81-002747