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Reyna v. McMahon
THE STATE-U PROGRAM IS ELIMINATED, EFFECTIVE AUGUST 1, 1991. NO PAYMENTS WILL BE ISSUED UNDER THIS COURT ORDER AFTER THAT DATE.
Issue
The preliminary court injunction prohibits denying, discontinuing or decreasing AFDC State-U benefits because a caretaker relative in the home is on strike. A later permanent injunction declared that families headed by single parents on strike are eligible for State-U also. Therefore State-U cannot be denied or terminated on the grounds that a parent or caretaker relative is on strike.
Date
The preliminary injunction was issued on October 6, 1983. The permanent injunction was issued January 13, 1984. They are both effective as of October 6, 1983.
Retroactivity
In U-deprivation households, any persons denied or discontinued AFDC-U since April 1982 were notified and were paid State-U if they were still on strike and were otherwise eligible. No retroactive payments for prior periods are required. Due to the permanent injunction, any single-parent families that had their AFDC denied or terminated after October 6, 1983 because the parent or caretaker was on strike, were to be paid AFDC from the date of application or termination if they are otherwise eligible for AFDC.
Duration
The court ruling is final. The issue has now been incorporated into the regulations. [Refer to “U-Parent Deprivation,” page 12-1].]
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