About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline
LOG IN
LOG IN

120149 1 (1979-03-08)

handle is hein.gao/gaobacxva0001 and id is 1 raw text is: yA HUMAN RESOURCES DIVISION UNITED STATF4 ,GENERAL ACCOUNTING OFFICE WASHINGTON, D.C. 20548 Mr. Stanford G. Ross Commissioner of Social Security Department of Health, Education, and Welfare Dear Mr. Ross: In our survey of States' procedures used to verify the eligibility of 18 to 21 year old students for Aid to Families with Dependent Children (AFDC) program payments, we noted that the student eligibility require- ments in the Code of Federal Regulations (CFR) are unclear. This situa- tion may result in erroneous interpretations and unnecessary administrative complications. Program requirements in the CFR that are specific to AFDC students include the provision that If a State elects to include in its AFDC program children 18 and over, it must include all children 18 years of age and under 21 who are students regularly attending a school, college, or univer- sity, or course of vocational or technical training designed to fit them for gainful employment. (45 CFR 233.90(b)(3)). More directly, A child may be considered a student regularly attending a school or training course (A) If he is enrolled in and physically attending a *** (as certified by the school or institute attended) program of study or training * (45 CFR 233.90(c)(1)(vi)). States have no authority to impose additional requirements such as performance standards. This was established in Townsend v. Swank (404 U.S. 28.2 (1971)) in which the U.S. Supreme Court held that the only statutory discretion States have in the matter is to determine, in accord- ance with standards prescribed by the Secretary of HEW, whether a particular student is a student regularly attending a bona fide school. This limitation on State authority is not clearly stated in the CFR, which leaves it open to misinterpretation. An example of such a misinterpretation occurred in February 1978 when the Commissioner of the Virginia Department of Welfare asked the :' MAR 8 1979 120149 V 1 74>141 te__14 L

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Contact us for annual subscription options:

Contact Us

Already a HeinOnline Subscriber?

Log In

profiles profiles most