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Full-Text Articles in Social Welfare Law
Welfare Law-Afdc-Agency-Caused Overpayments May Be Recouped By Reducing Grants Of Recipients Who Have "Disregarded" Income Available To Meet Their Standard Of Need, Keith E. Danish
Fordham Urban Law Journal
The Agency attempted to recoup the overpayments of a woman and her nine dependent children by reducing the family's AFDC grant, in accordance with a state regulation which authorized such recoupment where the welfare recipient had current income available in excess of the AFDC grant. The Federal District Court for the Southern District of New York held that the challenged recoupment policy did not violate the Social Security Act. The current heightened awareness that there are limits to state resources has resulted in the tightening and curtailment of welfare programs. Welfare agencies must make greater efforts to decrease errors which …
Note: The Eligibility Of The Unborn Child Under Afdc, John K. Enright
Note: The Eligibility Of The Unborn Child Under Afdc, John K. Enright
Fordham Urban Law Journal
This Note surveys recent litigation challenging the state denial of AFDC payments to pregnant women seeking benefit on behalf of their unborn children. Such decisions have focused on the issue of whether unborn children come within the definition of "dependent child" as set forth in Section 606 of the AFDC. Thus far, fourteen of seventeen reported decisions have included unborn children within the statutory definition. The Note concludes that the unborn child cases illustrate the difficulty of the rule that the Supreme Court laid out in Townsend v. Swank, which held that states must make AFDC payments to all eligible …