Smith v. Commissioner of Transitional Assistance

431 Mass. 638
CourtMassachusetts Supreme Judicial Court
DecidedMay 26, 2000
StatusPublished
Cited by30 cases

This text of 431 Mass. 638 (Smith v. Commissioner of Transitional Assistance) 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
Smith v. Commissioner of Transitional Assistance, 431 Mass. 638 (Mass. 2000).

Opinion

Marshall, C.J.

The plaintiffs, Elizabeth Smith and Michelle Muise, challenge a Department of Transitional Assistance (department) regulation, 106 Code Mass. Regs. § 203.210(A) (1999), governing recipients’ eligibility for extensions of benefits under the Transitional Aid for Families with Dependent Children program (TAFDC), and sought declaratory and injunctive relief.2 A central question raised by the complaint is whether the financial eligibility test of the challenged regulation is consistent with relevant provisions of St. 1995, c. 5, § 110, also known as the Welfare Reform Act or Chapter 5 (Act). A judge in the Superior Court agreed that in establishing the financial eligibility test as it did in 106 Code Mass. Regs. § 203.210(A), the department exceeded the statutory authority conferred by the Act, and she granted summary judgment to the plaintiffs on this point. The department appealed that ruling and the judge’s May 13, 1999, and May 20, 1999, orders granting injunctive relief to implement the earlier decision. We transferred this case from the Appeals Court on our own motion.

The plaintiffs have filed a motion to dismiss portions of the [640]*640appeal as moot. For the reasons discussed below, we deny that motion (see Part 2). We affirm the entry of partial summary judgment in the plaintiffs’ favor, invalidating the financial eligibility criteria in 106 Code Mass. Regs. § 203.210(A) (see Part 3), and affirm the injunctive orders granted by the court (see Part 4).

1. Background. Transitional Aid for Families with Dependent Children, administered by the department,3 is the successor program to Aid to Families with Dependent Children (AFDC). See generally St. 1995, c. 5, § 110 (a); G. L. c. 118, §§ 1, 2; Massachusetts Coalition for the Homeless v. Secretary of the Executive Office of Health & Human Servs., 422 Mass. 214, 217 (1996); Salaam v. Commissioner of Transitional Assistance, 43 Mass. App. Ct. 38, 38 (1997). The purpose of the program, generally, is to enable children to continue living at home through the provision of funds for their shelter, food, and other necessities, where one or both parents is unable fully to provide support or is absent. Salaam v. Commissioner of Transitional Assistance, supra at 39. See Massachusetts Coalition for the Homeless v. Secretary of the Executive Office of Health & Human Servs., supra at 221 (discussing department’s duty under G. L. c. 118, § 2). The program was amended by the Welfare Reform Act in 1995, an act whose stated purposes were to “promot[e] the principles of family unity, individual responsibility and self-reliance and to structure financial and economic incentives and disincentives that promote such principles in the administration of [TAFDC].” St. 1995, c. 5, § 110.

The Welfare Reform Act established a twenty-four month cumulative limit on a nonexempt4 recipient’s receipt of TAFDC benefits in a sixty-month period, unless an extension is granted.5 St. 1995, c. 5, § 110 (f). If a nonexempt recipient is employed during the twenty-four month period, her benefits are reduced by the amount of her earned income minus an “earnings [641]*641disregard” of thirty dollars and one-half of the recipient’s earned income. St. 1995, c. 5, § 110 (d), (g). This “earnings disregard” effectively increases an employed recipient’s benefits by the disregarded amount, i.e., by thirty dollars plus one-half of the income earned. The department also applies the earnings disregard to determine whether a recipient family makes too much earned income to be initially eligible for TAFDC benefits. 106 Code Mass. Regs. § 204.260. Under the financial eligibility test of the challenged regulatory provision, however, the earnings disregard is not applied in determining eligibility for an extension, 106 Code Mass. Regs. § 203.210(A), making it more difficult for the working poor to obtain an extension of benefits than if the disregard was applied. The plaintiffs assert that this regulation is not consistent with the letter, or the legislative intent, of the Act.

Smith and Muise are two working mothers paid less than $680 per month in take home pay and consequently eligible for transitional assistance.6 The plaintiffs were nonexempt recipients of TAFDC, and were thus subject to the twenty-four month assistance limit. Both would be eligible for TAFDC benefits but for the fact they have exhausted that twenty-four month limit. The plaintiffs claimed that the challenged regulation’s financial eligibility requirements for the extension of benefits prevented them or would have prevented them from obtaining an extension of transitional assistance.

We recount the procedural history of this case in some detail as it has a bearing on the subsidiary issue raised by the plaintiffs of the asserted mootness of portions of the DTA’s appeal and on the appeal of injunctive relief. The action was filed on March 5, 1999. On April 20, 1999, the judge allowed the plaintiffs’ partial summary judgment motion as to Count I of their complaint that asserted that 106 Code Mass. Regs. § 203. 210(A), concerning the test of financial eligibility for extensions, and § 203.210(C), concerning the calculation of the amount of extension benefits, violated St. 1995, c. 5, § 110 (d), [642]*642(g), and (/). The judge also granted partial summary judgment for the plaintiffs as to Count II of their complaint that asserted that 106 Code Mass. Regs. § 203.210(A) violated St: 1995, c. 5, § 110 (/).7 At that time the judge denied the plaintiffs’ motion for a preliminary injunction, but stated that “[t]he denial of plaintiffs’ motion for preliminary injunction is subject to reconsideration if the court’s order is not implemented.”8 On April 27, 1999, the plaintiffs filed a renewed motion for a preliminary injunction or prompt enforcement of the judgment, asserting that the plaintiffs were struggling to survive in the throes of poverty, with very limited earnings and no TAFDC benefits; that the department had communicated that it was likely to appeal and to seek a stay of the judgment pending appeal; and that it gave no assurances that the department would take steps to implement the April 20 judgment prior to a decision on any appeal.

According to a May 6, 1999, affidavit of the deputy commissioner of the department, the department had by May 6 begun to take steps to comply with the judge’s order.9 On May 7, 1999, on the parties’ joint motion, having determined that there [643]*643was no just reason for delay, the judge entered a judgment, pursuant to Mass. R. Civ. R 54 (b), 365 Mass. 820 (1974), that 106 Code Mass. Regs. § 203.210(C) and the financial eligibility criteria in § 203.210(A) are void because they are “contrary to the plain language of the statute and its underlying purpose.” According to a May 11, 1999, affidavit of the deputy commissioner, the department began taking additional steps to comply with the judge’s decision, beyond those listed in the May 6, affidavit.10 The department had also reportedly ceased to apply 106 Code Mass. Regs. § 203.210(A) and (C).

Free access — add to your briefcase to read the full text and ask questions with AI

Related

TIMOTHY BRALEY v. WILLIAM BATES.
100 Mass. App. Ct. 259 (Massachusetts Appeals Court, 2021)
Garcia v. Dep't of Hous. & Cmty. Dev.
108 N.E.3d 945 (Massachusetts Supreme Judicial Court, 2018)
Noe, SORB No. 5340 v. Sex Offender Registry Board
102 N.E.3d 409 (Massachusetts Supreme Judicial Court, 2018)
Crawford v. Blue
271 F. Supp. 3d 316 (D. Massachusetts, 2017)
Kain v. Department of Environmental Protection
49 N.E.3d 1124 (Massachusetts Supreme Judicial Court, 2016)
Commonwealth v. Bernard
3 N.E.3d 1113 (Massachusetts Appeals Court, 2014)
Beatty's Case
998 N.E.2d 1032 (Massachusetts Appeals Court, 2013)
Massachusetts Teachers' Retirement System v. Contributory Retirement Appeal Board
994 N.E.2d 355 (Massachusetts Supreme Judicial Court, 2013)
Spaniol's Case
992 N.E.2d 1028 (Massachusetts Supreme Judicial Court, 2013)
Kimberly-Clark Corp. v. Commissioner of Revenue
981 N.E.2d 208 (Massachusetts Appeals Court, 2013)
Smith-Pena v. Wells Fargo Bank, N.A. (In re Smith-Pena)
484 B.R. 512 (D. Massachusetts, 2013)
Ellis v. Department of Industrial Accidents
463 Mass. 541 (Massachusetts Supreme Judicial Court, 2012)
Tartarini v. Department of Mental Retardation
972 N.E.2d 33 (Massachusetts Appeals Court, 2012)
Commonwealth v. Donohue
892 N.E.2d 718 (Massachusetts Supreme Judicial Court, 2008)
Board of Appeals v. Housing Appeals Committee
887 N.E.2d 1051 (Massachusetts Supreme Judicial Court, 2008)
Duarte v. Commissioner of Revenue
886 N.E.2d 656 (Massachusetts Supreme Judicial Court, 2008)
Correctional Medical Services, Inc. v. Department of Correction
22 Mass. L. Rptr. 572 (Massachusetts Superior Court, 2007)
Diebold Election Systems, Inc. v. Galvin
22 Mass. L. Rptr. 301 (Massachusetts Superior Court, 2007)

Cite This Page — Counsel Stack

Bluebook (online)
431 Mass. 638, Counsel Stack Legal Research, https://law.counselstack.com/opinion/smith-v-commissioner-of-transitional-assistance-mass-2000.