Burch

Petitioner Barbara Burch appeals after the superior court denied her petition for writ of mandate on review of a final administrative decision fixing the amount of her grant for Aid to Families with Dependent Children (AFDC) (Code Civ. Proc., § 1094.5; Welf. & Inst. Code, § 10950 et seq., § 11200 et seq.).

On October 12, 1973, Burch applied for AFDC at the San Diego County Department of Public Welfare (DPW) for herself and her child. The application was denied. At a February 1974 hearing before a referee to contest the denial of the AFDC benefits, DPW stipulated it had erroneously denied the October 12, 1973 application. At the hearing the DPW representative said: “Well, we would be willing to grant; however there would not be a full grant because we maintain that the fact that she has housing and utilities provided from her father should be considered income in kind. We are willing to conceive [¿7c] that it’s a loan. . . .”

In a “Statement of Fact” adopted by the Director of the State Department of Benefit Payments (Director), the hearing referee included the following statement: “. . . Claimant does note that because she did not have any money, she became indebted to…