Womack v. Department of Health & Rehabilitative Services

This appeal is from an administrative order denying a request to provide Aid to Families with Dependent Children (AFDC) benefits from the date of application for benefits. We reverse.

Prior to appellant’s application for AFDC benefits, HRS published proposed and emergency rules changing the date of entitlement to benefits from the date of application to the date of authorization or 30 days from the date of application — whichever is earlier.

Appellant’s application was approved after the 90 day expiration date of the emergency rule and before the proposed rule became effective. Her benefits…