Mercado v. Commissioner of Income Maintenance

607 A.2d 1142, 222 Conn. 69, 1992 Conn. LEXIS 150
CourtSupreme Court of Connecticut
DecidedMay 12, 1992
Docket14388
StatusPublished
Cited by12 cases

This text of 607 A.2d 1142 (Mercado v. Commissioner of Income Maintenance) is published on Counsel Stack Legal Research, covering Supreme Court of Connecticut primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Mercado v. Commissioner of Income Maintenance, 607 A.2d 1142, 222 Conn. 69, 1992 Conn. LEXIS 150 (Colo. 1992).

Opinion

Cóvello, J.

This is an appeal from an eligibility determination made by the defendant, the commissioner of income maintenance. The issue presented is whether in determining eligibility for assistance under the Aid to Families with Dependent Children Act, 42 U.S.C. § 602 et seq., the applicable federal statute mandates the inclusion of children’s savings accounts in determining the family’s total resources. We agree with the fair hearing officer’s determination that such savings accounts are required to be considered in determining the family’s resources and, therefore, we reverse the judgment of the trial court that held to the contrary.

The procedural facts are not in dispute. The plaintiff is a recipient of Aid to Families with Dependent Children (AFDC). On August 15,1990, the defendant notified her that during the period between August 1, 1988, and August 31,1989, two of the plaintiff’s minor children had had savings account balances that totaled more than the $1000 statutory limit on family resources. The defendant concluded, therefore, that the family had been ineligible for assistance during that period and sought the return of $9342.75 paid to the plaintiff [71]*71on the mistaken assumption that the family had been eligible for AFDC benefits.

The plaintiff made a timely request for a fair hearing.1 The hearing officer determined that during the period in question, two of the plaintiff’s children, Angel and Sandra, who were both under the age of eighteen and full-time students, had savings accounts from accumulated earnings of $989.51 and $4964.11, respectively. The hearing officer found that these savings accounts were includable in calculating whether the family unit had resources in excess of $1000. The hearing officer, therefore, determined that “the assets of the appellant’s assistance unit were in excess of the agency AFDC asset limit of $1000.00 during the period of August 1,1988, through August 31,1989. Therefore, the District properly determined that all the AFDC assistance [payment] rendered during that period represents an overpayment. The total amount of $9,342.75 is therefore subject to recoupment action.” The plaintiff took a timely appeal to the Superior Court.2

The trial court, relying upon Rebman v. Welfare Commissioner, 31 Conn. Sup. 515, 324 A.2d 273 (1973), a decision of the Appellate Division of the Court of Common Pleas, concluded “[t]hat earned income and accumulated income as represented by a savings [account] held more than one month for the purposes [72]*72of determining the extent of benefits should not be distinguished. To do so ‘is to do violence to the entire federal system of public welfare. A disregarding of the child’s accumulated earnings instills the incentive to work, whereas reimbursement of this accumulated earned income to the welfare commissioner perpetuates a disincentive to work.’ [Rebman v. Welfare Commissioner, supra], 520.” The trial court concluded “that the District Office and the Fair Hearing Officer incorrectly and improperly applied the law to the claim of the appellant” and sustained the appeal. The defendant appealed to the Appellate Court. We thereafter transferred the matter to ourselves pursuant to Practice Book § 4023.

As succinctly set forth in the defendant’s brief, the statutory and regulatory background to this issue is as follows: “The AFDC program is a joint federal state program. The federal statutes relating to AFDC are codified at 42 U.S.C. § 601 et seq. Federal regulations relating to eligibility for AFDC appear at 45 C.F.R. § 233.10 et seq. The defendant, Commissioner of Income Maintenance, is the state official charged with the administration of the AFDC program. See General Statutes § 17-2.

“The AFDC program, as enacted by Congress, and, in which the state participates, is designed to provide for needy dependent children. The Congress has set up, and the state has implemented, a complex system for determining whether a given child is needy. In order to provide an incentive to work, the Congress requires a participating state, in determining eligibility, to disregard certain earned income of various types of people who may make up a household. Among them are minor children who are students, minor children who are not students, parents and stepparents. That income which must be disregarded is not counted by the states in making eligibility determinations. The Congress has [73]*73also imposed a $1,000.00 limitation on the resources that an AFDC household may have and still be eligible for the AFDC program.3

“In the case at bar, the plaintiffs minor children earned wages from jobs. Those wages were disregarded by the state in the month in which they were received. The children placed some portion of their wages in savings accounts. It is the defendant’s contention that once the wages were retained beyond the month in which they were received, they became resources, subject to the $1,000.00 limitation on resources; and that, therefore, the plaintiff’s family was ineligible for AFDC for the entire period in which the combined balances in the savings accounts exceeded $1,000.00.”

The plaintiff argues, on the other hand, that once disregarded, the children’s wages were to be thereafter disregarded for all purposes and that the earned income should have been categorized simply as retained income and was not to be included in determining the $1000 resource limitation for AFDC eligibility purposes. We disagree.

Title 42 of the United States Code, § 602 (a) (7) provides that a state plan for AFDC benefits must “provide that the State agency—(A) shall, in determining need, take into consideration any other income and resources of any child or relative claiming aid to families with dependent children . . . (B) shall determine ineligible for aid any family the combined value of whose resources (reduced by any obligation or debts with respect to such resources) exceeds $1,000 . . . .”

Title 42 of the United States Code, § 602 (a) (8) (A) provides that a state plan for AFDC must “provide [74]*74that, with respect to any month, in making the determination under paragraph (7), the State agency—(i) shall disregard all of the earned income of each dependent child receiving aid to families with dependent children who is ... a full-time student or a part-time student who is not a full-time employee attending a school, college, or university, or a course of vocation or technical training designed to fit him for gainful employment. . . .” (Emphasis added.) This language does not expressly restrict the time period for disregarding a full-time dependent student’s income to the month in which it is earned.4

It is well settled that “[w]hen [statutory] language is clear and unambiguous, its meaning is not subject to modification by construction.” Thibeault v. White, 168 Conn. 112, 115, 358 A.2d 358 (1975).

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Cite This Page — Counsel Stack

Bluebook (online)
607 A.2d 1142, 222 Conn. 69, 1992 Conn. LEXIS 150, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mercado-v-commissioner-of-income-maintenance-conn-1992.