Williams v. Woods

Issue

The court has forbidden the State to presume as income in AFDC all of the Social Security payments paid on behalf of an aided minor parent living with his/her non-needy parent.

Date

The effective date for new application is May 1, 1984; for continuing cases the effective date is June 1, 1984 (i.e., affecting June grants).

Retroactivity

The court order is retroactive to November 12, 1983 through May 31, 1984.

Duration

This is a final court order.

Person Affected by the Order

The order only applies to case situations when Social Security benefits are paid on behalf of an aided minor parent to the non-needy parent of the minor parent.

Ongoing Application

Chapter 26 has been rewritten to include court requirements. [Refer to “Income/General,” page 26-1]].
Availability of the Social Security payments must be considered in determining the amount of SSA income to the AFDC assistance unit.
The court order does not remove the responsibility of the non-needy senior parent to provide for the needs of the aided minor parent. [Refer to “Income in Kind,” page 28-1] for presumed income-in-kind to the minor parent.]

Retroactive Application

All AFDC clients were sent claim forms on June 1, 1984.
Posters have been posted in all Social Services Agencies district offices and all CET offices.
Additional claim forms are available in all district offices.
Claim forms must be returned by August 31, 1984 for the client to be eligible for retroactive benefits.