Perkins v. State, Department of Health & Rehabilitative Services

SCHWARTZ, Chief Judge.

Mrs. Perkins appeals from a determination1 terminating her aid for dependent children (AFDC) benefits on the ground that she owned2 and then improperly *1317transferred3 a valuable “asset” which disqualified her from that assistance. We find as a matter of law that the purported asset was not owned by Mrs. Perkins so as to disqualify her for benefits and therefore reverse the order under review.

The so-called “asset,” the nature of which is in issue here, was a $14,698 bank account established out of her own funds in 1977 by Mrs. Tartaglia, Mrs. Perkins’s mother, for the…