Legal Opinion

Smith-Porter v. Iowa Department of Human Services

Supreme Court of Iowa

Decided March 24, 1999No. 97-1320PublishedCited by 7 opinions

1Opinion of the Court

NEUMAN, Justice.

This appeal concerns an attempt by the Department of Human Services (DHS) to offset an overpayment of family investment program (FIP) benefits against a rent tax credit issued by the Iowa Department of Revenue in accordance with Iowa Code section 425.16 (1995). The question is whether the disability benefit exemption of Iowa Code section 627.6(8)(c) applies in this situation to protect a disabled person from the offset procedures. We conclude the exemption applies, thereby reversing a contrary decision by the district court.

The facts are undisputed. Appellant Connie…

2Cases cited8 opinions

  1. Sorenson v. Secretary of the TreasurySupreme Court of the United States · 1986
  2. Sommers v. Iowa Civil Rights CommissionSupreme Court of Iowa · 1983
  3. Bagnall v. Iowa-Des Moines National Bank & Trust Co.Supreme Court of Iowa · 1947
  4. Gaffney v. Department of Employment ServicesSupreme Court of Iowa · 1995
  5. Conoco, Inc. v. Iowa Department of Revenue & FinanceSupreme Court of Iowa · 1991

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3Cited by7 opinions

  1. Hawkeye Land Company v. Iowa Utilities BoardSupreme Court of Iowa · 2014
  2. City of Des Moines v. Iowa Dep't of Transp. & Iowa Transp. Comm'nSupreme Court of Iowa · 2018
  3. Meredith Outdoor Advertising, Inc. v. Iowa Department of Transportation, Office of Right of WaySupreme Court of Iowa · 2002
  4. Shine v. Iowa Department of Human ServicesSupreme Court of Iowa · 1999
  5. City of Des Moines v. Iowa DOTSupreme Court of Iowa · 2018

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