Dandridge v. Williams. [Footnote 20] It is also true that with respect to AFDC families whose determined standard of need is below the regulatory maximum, and who therefore receive grants equal to the determined standard, the employment incentive is absent. The effect is to shift a greater proportion of the support of large families from the State to the Federal Government as the family size increases. 38.00 37.00 35.00 34.00 33.00, With 3 or more persons 36.00 35.00 34.00 33.00 32.00, Alone . 550 as amended, 76 Stat. decisive weight in the judicial determination of this question. . At the outset, it should be emphasized exactly what is involved in determining whether this maximum grant regulation is consistent with and valid under the federal law. 109-144 (1967). . medical care in behalf of or any type of remedial care recognized under State law" in behalf of dependent children, the relatives with whom they live, and other "essential persons" residing with the relative and child. Dandridge v. Williams. 744, 90th Cong., 1st Sess., 155 (1967). The District Court found that, of Maryland's more than 32,000 AFDC families, only about 116 could be classified as having employable members, and, of these, the number to which the maximum grant regulation was applicable is not disclosed by the record. § 603 (1964 ed., Supp. . Furthermore, the record is silent as to what proportion of large families subject to the maximum have "employable" mothers. As the Court said in United States v. American Ry. Indeed, Rule 200, § IX A(2)(b)(5) of the Manual of the Md. Section 403(d)(1) of the Act imposes a limitation on federal payments to States as respects children whose eligibility is based upon the absence from the home of a parent. Minnesota At the same time, however, there is no contention, nor could there be any, that the maximum grant regulation is in any manner related to calculation of need.
1, p. 59 (1967); House Committee on Ways and Means, Section-by-Section Analysis and Explanation of Provisions of H.R. Maryland(read more about Constitutional law entries here). No. However, these asserted state interests, which are not insignificant in themselves, are advanced either not at all or by complete accident by the maximum grant regulation. the fact that the payments were intended to benefit the children, and not the applicants who received those payments, the exclusion from the federal scheme of provision for the need of the caring relative operated effectively to dilute the ability of the AFDC payments to meet the need of the child. Quite the contrary would seem to be the case. Colorado
Nor is the distinction upon which the deprivation is here based -- the distinction between large and small families -- one that readily commends itself as a basis for determining which children are to have support approximating subsistence and which are not. The "overreaching" (or 'overbreadth' as the opinions called it) was only applicable in First Amendment related cases. Illinois 1332 (D.C.N.D.Tex.1969). No. § 606(b) (1964 ed., Supp. .
Some States, including Maryland, subtract available resources from the state-calculated need; in other jurisdictions, available resources are subtracted from the family maximum.
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