Legal Opinion

Robinson v. Flaherty

Court of Appeals of North Carolina

Decided April 4, 1989No. 8818SC488Published

1Opinion of the Court

GREENE, Judge.

This appeal arises from the superior court’s affirmation of the decision by the North Carolina Department of Human Resources, Division of Social Services (“DSS”) to recover certain AFDC over-payments to petitioner by reducing her monthly AFDC check. The administrative record shows that, over a period of several years, DSS mistakenly overpaid petitioner $852 in AFDC benefits. In exercising its statutory authority to recoup such overpayments, DSS included certain utility allowances (hereinafter, “Section 8 utility allowances”) as income in computing the monthly amount DSS was…

2Cases cited2 opinions

  1. Steere v. State, Department of Public WelfareSupreme Court of Minnesota · 1976
  2. Smith v. PowellSupreme Court of North Carolina · 1977

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