Campbell v. Commissioner of Public Welfare

491 N.E.2d 590, 397 Mass. 394, 1986 Mass. LEXIS 1278
CourtMassachusetts Supreme Judicial Court
DecidedApril 22, 1986
StatusPublished
Cited by1 cases

This text of 491 N.E.2d 590 (Campbell v. Commissioner of Public Welfare) is published on Counsel Stack Legal Research, covering Massachusetts Supreme Judicial Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Campbell v. Commissioner of Public Welfare, 491 N.E.2d 590, 397 Mass. 394, 1986 Mass. LEXIS 1278 (Mass. 1986).

Opinion

Nolan, J.

The plaintiff, Anne J. Campbell, appeals from a summary judgment entered in the Superior Court for the defendant.

The plaintiff argues that the use of retrospective budgeting by the Department of Public Welfare (department) to calculate the amount of public assistance to which she was entitled in October and November, 1983, (1) violated G. L. c. 118, § 2 (1984 ed.), (2) violated 42 U.S.C. § 602(a)(13)(B) (1982), and (3) denied her equal protection as guaranteed by the Four[395]*395teenth Amendment to the United States Constitution and the Massachusetts Declaration of Rights. We transferred the case to this court on our own motion. We affirm the judgment of the Superior Court. The relevant facts are summarized as follows.

In March, 1983, the plaintiff was residing with her minor son in Somerville, when she began receiving a grant from the department. The grant was issued under the program called Aid to Families with Dependent Children (AFDC). See G. L. c. 118, § 2. From March through June, 1983, the plaintiff received an AFDC grant at the maximum benefit level of $314.20 a month. See 106 Code Mass. Regs. § 304.420, 324 Mass. Reg. 30 (Aug. 12,1982) (table of payment standards).

In June, 1983, the plaintiff voluntarily enrolled in a supported work program, sponsored by the New England School of Career Training under a contract with the department. See 106 Code Mass. Regs. § 307.250, 384 Mass. Reg. 41-42 (Oct. 6, 1983). The plaintiff continued to receive her AFDC grant during the first two months of her employment. However, during her third month of employment, the plaintiff was financially ineligible for AFDC. See 106 Code Mass. Regs. § 304.400, 324 Mass. Reg. 29 (Aug. 12, 1982) (table of eligibility standards). Nevertheless, under the department’s regulations, the plaintiff’s AFDC case remained open at a “zero” grant level. See 106 Code Mass. Regs. § 307.250(B) (1983).1

On October 7, 1983, the plaintiff’s employment was terminated because of a reduction in her employer’s workload. The plaintiff immediately notified the department of her changed financial circumstances and sought to have her AFDC grant restored. The plaintiff was informed that, because of the department’s retrospective budgeting regulations, see infra, 396-398, she would not be eligible for an increased AFDC grant until December, 1983.

[396]*396On November 28, 1983, a hearing was held at the department’s Somerville office regarding the plaintiff’s AFDC eligibility and grant status. The hearing referee ruled that the department was required by § 307.250(B) to place the plaintiff on a “zero” grant status while she was in the supported work program. He further ruled that he was required to base his decision as to the plaintiff’s grant eligibility on the applicable regulation. Accordingly, he ruled in favor of the department.

On February 3, 1984, the plaintiff filed a complaint in the Superior Court seeking review of the department’s decision. See G. L. c. 30A, § 14 (1984 ed.). On May 7, 1984, the plaintiff filed a motion for summary judgment. See Mass. R. Civ. P. 56 (a), 365 Mass. 824 (1974). The defendant responded by filing an affidavit. See Mass. R. Civ. P. 56 (c), 365 Mass. 824 (1974). On May 18, 1984, the judge denied the plaintiff’s motion and entered judgment for the department. We now address the plaintiff’s claims.

1. G. L. c. 118, § 2. The plaintiff argues that the use of retrospective budgeting to calculate her October and November benefits violated G. L. c. 118, § 2, which requires assistance to be paid “in advance.” This issue is resolved by our decision in Martinez v. Commissioner of Pub. Welfare, ante 386 (1986), where we recognized that the amount of aid a recipient is entitled to receive “in advance” is based on the budgetary standards employed by the department. There was no error.

2. Retrospective budgeting. In 1981, Congress enacted the “Omnibus Budget Reconciliation Act of 1981” (OBRA), Pub. L. No. 97-35, reprinted in 1981 U.S. Code Cong. & Adm. News 357. Section 2315(a) of OBRA requires States that participate in the AFDC program to determine whether a family is eligible for AFDC by “prospective budgeting.” Pursuant to 45 C.F.R. § 233.31(b)(1) (1985), “‘prospective budgeting’ means that the [State] shall determine eligibility (and compute the amount of assistance for the first one or two months) based on its best estimate of income and circumstances which will exist in [the application] month.” See 42 U.S.C. § 602(a)(13) (1982). See also Martinez v. Commissioner of Pub. Welfare, supra.

[397]*397After eligibility and the amount to be received during the first one or two months have been determined, States are then required to use “retrospective budgeting” to calculate the amount a family is entitled to receive while on AFDC. See 45 C.F.R. § 233.25 (1985). Under retrospective budgeting, the State computes the amount of assistance for a payment month based on actual income or circumstances which existed in a previous month, which is known as the “budget month.” 45 C.F.R.§ 233.31(b)(2) (1985). 42U.S.C. § 602(a)(13) (1982).

The essence of the plaintiff’s claim is that the department was required by 42 U.S.C. § 602(a)(13) (1982), to use “prospective budgeting” to determine the amount of aid to which she was entitled to receive in October and November, 1983. The department utilized retrospective budgeting to determine the plaintiff’s grant amount for those two months.

The plaintiff argues that under 42 U.S.C. § 602(a)(13) (1982), retrospective budgeting is to be used only when the “payment month” is not the first month in a period of consecutive months for which aid is payable. Thus, she reasons that since she was financially ineligible for AFDC in September (because of her earned income), the first month for which aid was payable to her was October, and, therefore, prospective budgeting procedures should have been utilized to calculate her grant for that month.

The department contends that “prospective budgeting” applies only in the case of a new AFDC recipient, and not to a person such as the plaintiff who was on AFDC but became financially ineligible for aid in a particular payment month. Moreover, under the department’s regulations, a person in a supported work program is considered to be receiving assistance even though no grant is forthcoming for a particular payment month. See 106 Code Mass. Regs. § 307.250(B) (1983).2 The [398]*398department further argues that, even if the plaintiff’s interpretation of the statute is correct, the department was excused from complying with 42 U.S.C. § 602

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Bluebook (online)
491 N.E.2d 590, 397 Mass. 394, 1986 Mass. LEXIS 1278, Counsel Stack Legal Research, https://law.counselstack.com/opinion/campbell-v-commissioner-of-public-welfare-mass-1986.