- 20 - supporting information, it was not arbitrary or capricious for Mr. Owens to use national and local standards in determining petitioners’ allowable housing and utilities expense, including the second mortgage expense. b. Food, Clothing, etc. Expense Mr. Owens used national standards for a family of 1 to determine petitioners’ allowable food, clothing, etc. expense. Petitioners argue that Mr. Owens abused his discretion by using the standard for a family of 1 instead of a family of 4. As described above, petitioners did not show they would be unable to provide for basic living expenses if only allowed the national and local standards. Mr. Owens’s use of such standards was not arbitrary or capricious. However, Mr. Owens erred by using the national standard for a family of 1. Mr. Owens acknowledged his mistake and testified that he should have used the national standard for a family of 4, which was $1,564. c. Other Expenses: Son’s Education Expense Mr. Owens disallowed petitioners’ other expenses, which included $309 per month for their son’s private education. IRM section 5.8.5.5.3(6) states that “Expenses for dependents to attend * * * private schools are not allowed unless the dependents have special needs that cannot be met by public schools.” Petitioners presented no information to indicate theirPage: Previous 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 Next
Last modified: May 25, 2011