STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

ANNA JUANITA MANNON, )

)

Petitioner, )

)

vs. ) CASE NO. 82-1111L

)

DEPARTMENT OF HEALTH AND )

REHABILITATIVE SERVICES, )

)

Respondent. )

)

RECOMMENDED ORDER

This matter came on for hearing in Marianna, Florida, before the Division of Administrative Hearings, by its duly designated Hearing Officer, Robert T. Benton, II, on May 18, 1982.

APPEARANCES

Petitioner appeared on her own behalf. Respondent was represented by counsel:

John Pearce, Esquire 2639 North Monroe Street

Tallahassee, Florida 32303

The question in this case is whether Mrs. Mannon's household is eligible for benefits under the Low Income Energy Assistance Program administered by respondent pursuant to Rule 10E-29.01, et seq., Florida Administrative Code?

FINDINGS OF FACT

1. Anna Juanita and Bernard W. Mannon live together in an apartment on Madison Street in Marianna, Florida. He is 62 and she is 56 years of age. The two of them make up the household. Her health is not good, and certain respiratory problems might be alleviated by air conditioning.

   
   

2. Mrs. Mannon has no income. Mr. Mannon has gross income of $298.40 biweekly from the hospital where he works. His own health may preclude his working there much longer. Monthly, the Mannons repay loans from their daughter ($50.00) and from a finance company, Associates Financial Services ($57.00). They also have substantial medical bills.

   
   

   CONCLUSIONS OF LAW

   
   

3. Mr. and Mrs. Mannon would be eligible for home energy assistance in a single payment if their household income were not so high. Pursuant to Rule 10C-29.13(2), Florida Administrative Code, "[t]here are considered to be four and one-third weeks per month," so that Mr. Mannon's gross monthly income, for

   purposes of the rule, is $646.53. Excluded from consideration as income, however, is "[t]wenty percent of gross earned income." Rule 10C-29.09(2)(d), Florida Administrative Code. This calculation yields monthly household income of $517.22. Applying the maxim inclusio unius, exclusio alterius, neither payments for medical expenses nor loan repayments are deducted from household income. Rule 10C-29.09(2), Florida Administrative Code.

   
   

4. For a household with two persons like the Mannons, the maximum monthly income consistent with eligibility for benefits under the Low Income Energy Assistance Program is $474.00. Since the Mannons' monthly household income exceeds this sum by more than $43.00, petitioner is ineligible for benefits at this time.

RECOMMENDED ORDER

Upon consideration of the foregoing, it is RECOMMENDED:

That respondent deny petitioner's application for benefits under the Low Income Energy Assistance Program, without prejudice to any subsequent application in light of changed circumstances.

DONE and ENTERED this 4th day of June, 1982, in Tallahassee, Florida.

ROBERT T. BENTON, II

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 4th day of June, 1982.

COPIES FURNISHED:

John Pearce, Esquire 2639 North Monroe Street

Tallahassee, Florida 32303

Anna Juanita Mannon

302 S. Madison Street Marianna, Florida 32446

David H. Pingree, Secretary Department of HRS

1321 Winewood Boulevard

Tallahassee, Florida 32301

Docket for Case No: 82-001111

Orders for Case No: 82-001111