45 C.F.R. § 233.24

Retrospective budgeting; determining eligibility and computing the assistance payment in the initial one or two months

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(a) States which make assistance payments within 25 days of the close of the budget month shall determine eligibility and compute the amount of the payment for all recipients prospectively for the initial month of assistance. These States may choose to determine eligibility and compute the payment prospectively for the second month, also.

(b) States which make assistance payments between 25 and 45 days from the close of the budget month shall determine eligibility and compute the amount of the payment prospectively for the initial two months of assistance.

(c) When a person who previously received assistance reapplies during the same month in which a termination became effective, eligibility shall be determined according to paragraph (a) or (b) of this section. However, the amount of the assistance payment for the month of the reapplication shall be computed retrospectively.

[44 FR 26083, May 4, 1979]

Notes of Decisions

Cited in 2 cases, 1986–1986 · leading case: Levesque v. Comm'r, Dep't of Human Servs., 508 A.2d 943 (Me. 1986).

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Levesque v. Comm'r, Dep't of Human Servs., 508 A.2d 943 (Me. 1986). “1985); 45 C.F.R. § 233.24 (a), (b) and (c); MPAPM, ch.”

Campbell v. Comm'r of Pub. Welfare, 491 N.E.2d 590 (Mass. 1986). “” 45 C.F.R. § 233.24 (a) (1985). The regulations further provide that “[a]fter the initial one or two payment months of assistance under § 233.”

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