Foster v. Celani

The Secretary of Agriculture appeals from a summary judgment granted to a class of Vermont foster parents whose food stamp benefits had been reduced or terminated because their foster care maintenance payments were included in the calculation of their household income for the purpose of determining food stamp eligibili*92ty. The district court held that because foster children may be excluded from the household under the regulation excluding “boarders”, 7 C.F.R. § 273.1(c) (1986), foster care payments need not be included in the calculation of household income. For substantially the reasons…