Gloria Wilcox v. H. Rollin Ives, Appeal of Secretary of Health and Human Services
Court of Appeals for the First Circuit
1Opinion of the Court
BOWNES, Circuit Judge.
The Secretary of the United States Department of Health and Human Services (HHS) appeals an order of the district court which held that HHS regulation 45 C.F.R. § 302.51 was invalid because it impermissi-bly contradicted 42 U.S.C. § 657(b)(1) by prohibiting the Maine Department of Human Services (DHS) from making multiple pass-through payments to recipients of Aid To Families With Dependent Children (AFDC) when the state DHS receives two or more child support payments in a given month. We affirm.
I. BACKGROUND
As a condition for receiving AFDC benefits, the recipient must…
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