604 P.2d 1158 | Ariz. Ct. App. | 1979
OPINION
This is a class action attacking the method used by the Arizona Department of Economic Security to compute the amount of monthly welfare benefits payable to eligible individuals under the Aid to Families with Dependent Children program. Plaintiffs are representative members of the’class in that the monthly AFDC benefits they receive for themselves and their children were adversely affected by the Prior Monthly Budget methods uniformly employed by DES. They contend PMB violates the supremacy clause of the United States Constitution because it conflicts with federal regulations in basing monthly benefit payments on income that is no longer “current-4y available” to the recipient, or in providing an unauthorized means of recouping previous overpayments from current assistance grants. We disagree and affirm the summary judgment entered in favor of the director of DES on cross-motions of the parties.
At the times in question
The other regulation on which plaintiffs rely prohibits recoupment of an overpayment previously made by reducing an ongoing grant unless the recipient has income or resources currently available in the amount of the proposed reduction, except where the overpayment was caused by the recipient’s willful withholding of information concerning his income, resources or other circumstances affecting the amount of payment. 45 C.F.R. § 233.20(a)(12)(i)(A).
The question we must resolve is whether the PMB system can be reconciled with those regulations. Plaintiffs’ position is based on the decision of the California Court of Appeal in Garcia v. Swoap, 63 Cal.App.3d 903, 134 Cal.Rptr. 137 (1976),
Finally, the parties argue the effect of new regulations adopted by the Department of Health, Education and Welfare effective May 4, 1979. Since those regulations did not exist when judgment was entered on November 7, 1978, we do not consider them.
The judgment is affirmed.
. At oral argument counsel informed this court that a new system has since been adopted to conform to revised federal regulations.
. Certiorari was denied May 30, 1978. Swoap v. Garcia, 436 U.S. 930, 98 S.Ct. 2829, 56 L.Ed.2d 775 (1978).