Jackson v. Weinberger

CURTIN, Chief Judge.

Plaintiffs bring this action to challenge the recoupment provisions of both the federal [45 C.F.R. § 233.-20(a)(12)(i)(A)(2)] and New York State [18 N.Y.C.R.R. § 35¿31(d)(2)] statutes under the Aid to Families with Dependent Children Program [AFDC], 42 U.S.C. § 601 et seq. These regulations allow AFDC overpayments, caused by the willful withholding of information by a recipient, to be recouped by deductions from future payments, regardless of whether or not the recipient family has assets available in addition to the current assistance payment. Plaintiffs Carter and…