Return to Browsing
13 N.J.A.R. 288
- Passaic County Board of Social Services; B., D. v
- Formats: PDF | DjVu— Help viewing DjVu Files
- Citation: 13 N.J.A.R. 288
- Decision Date: 1988
- Agency: DIVISION OF ECONOMIC ASSISTANCE
- Synopsis: Petitioner appealed the correctness of her AFDC entitlement, arguing that the $50 child support disregard pursuant to N.J.4.C. 10:82-4.17 should be applied to Social Security Dependent's Benefits received by her children. The matter was transmitted to the Office of Administrative Law for a hearing. The administrative law judge assigned to the case concluded that the child support disregard should apply. The judge found that Social Security dependency payments made directly to children or for their benefit based on their father's disability are akin to child support payments. Upon review, this initial decision was rejected by the Division of Public Welfare, which found that the benefits were not subject to the disregard. The Appellate Division affirmed the final decision. Angelica Anaya-A!!en, Esq., for petitioner (Passaic County Legal Aid Society) Ruth Gotfried, Administrative Supervisor, Passaic County Board of Social Services, appearing pursuant to N.J..4.C. 1:1-5.4(a)3 for respondent State of New Jersey 289 D.B.v. Passaic Co. Bd. of Social Services
- Rule(s) Cited: 10:82-4.17
- Synopsis: Petitioner appealed the correctness of her AFDC entitlement, arguing that the $50 child support disregard pursuant to N.J.4.C. 10:82-4.17 should be applied to Social Security Dependent's Benefits received by her children. The matter was transmitted to the Office of Administrative Law for a hearing. The administrative law judge assigned to the case concluded that the child support disregard should apply. The judge found that Social Security dependency payments made directly to children or for their benefit based on their father's disability are akin to child support payments. Upon review, this initial decision was rejected by the Division of Public Welfare, which found that the benefits were not subject to the disregard. The Appellate Division affirmed the final decision. Angelica Anaya-A!!en, Esq., for petitioner (Passaic County Legal Aid Society) Ruth Gotfried, Administrative Supervisor, Passaic County Board of Social Services, appearing pursuant to N.J..4.C. 1:1-5.4(a)3 for respondent State of New Jersey 289 D.B.v. Passaic Co. Bd. of Social Services