A New Jersey regulation applicable to payments under the
federally financed Aid to Families With Dependent Children program
was challenged on income-calculation grounds and, since it
authorized payments directly to vendors who provide gods or
services to beneficiaries, on the ground that it conflicted with
§ 406 of the Social Security Act. The District Court upheld
the challenges, enjoined enforcement of the regulation "insofar as
it violates the federal statute," and ordered the State to "revise
the regulation to conform to the federal statute."
Held: Section 406 does not prohibit a State from making
vendor payments solely from nonreimbursable state funds.
333 F.
Supp. 1109, affirmed as modified.
PER CURIAM.
The motion of appellee Amos for leave to proceed
in forma
pauperis is granted.
A three-judge District Court has enjoined New Jersey officials
from enforcing a state regulation applicable to payments under the
federally financed program for Aid to Families With Dependent
Children, Title IV of the Social Security Act of 135, 49 Stat. 62,
as amended, 42 U.S.C. §§ 601-610.
The regulation in question, § 615 of the New Jersey
Categorical Assistance Budget Manual, would deny AFDC benefits to
the extent that a family's "total available adjusted income,"
calculated without deduction for the "income disregards" specified
by § 402(a)(8) of the federal Act, 42 U.S.C. § 602(a)(8),
exceeds a ceiling specified by the State. The regulation is
Page 404 U. S. 24
challenged on the grounds (1) that it is in conflict with §
402(a)(8), and (2) that it fails to provide that, in the
calculation of earned family income which is to be compared with
the § 615 ceiling, a stepfather's earnings are not to be taken
into account unless they are "actually available" for the current
use of the dependent child, 45 CFR § 233.20(a)(3)(ii). It was
also suggested in the proceedings below that § 615.5 of the
state regulation conflicts with § 406(b) of the federal Act,
42 U.S.C. § 606(b), when it authorizes payments directly to
vendors who provide goods or services to beneficiaries.
The District Court upheld the challenge on all three grounds.
Judgment was entered enjoining the enforcement of § 615
"insofar as it violates the federal statute" and ordering that New
Jersey "revise the regulation to conform to the federal statute."
The state officials appeal.
The appellants and also the United States, in its
amicus
curiae brief, appropriately point out that there is nothing in
the federal statute that prohibits a State from making vendor
payments so long as they are made from state funds without federal
matching. The statute, § 406, merely does not provide for
reimbursement to the State for payments of that kind. We agree with
these observations by the appellants and the
amicus, and
thus disagree with the District Court's conclusion with respect to
direct payments insofar as those payments are made entirely with
state funds not reimbursable under § 406 of the federal Act.
With this limitation in the application of its general language,
the judgment of the District Court is affirmed.