45 C.F.R. § 233.33
Determining eligibility prospectively for all payment months (AFDC)
(a) The State plan for AFDC shall provide that the State shall determine all factors of eligibility prospectively for all payment months. Thus, the State agency shall establish eligibility based on its best estimate of income and circumstances which will exist in the month for which the assistance payment is made.
(b) When a IV-A agency receives an official report of a child support collection it shall consider that information as provided in § 232.20(a) of this chapter. (§ 232.20(a) explains the treatment of child support collections.)
Notes of Decisions
Cited in 3
cases, 1986–1992 · leading case: Yelder v. Hornsby, 666 F. Supp. 1518 (M.D. Ala. 1987).
Yelder v. Hornsby, 666 F. Supp. 1518 (M.D. Ala. 1987). “Yelder contends that the challenged policy violates federal regulation 45 C.F.R. § 233.33 (a), which requires that the state AFDC program determine a family’s continued AFDC eligibility “prospectively,” that is, based on the program’s “best estimate of income and circumstances…”
Zeien v. Palmer, 955 F.2d 506 (8th Cir. 1992). “” 45 C.F.R. § 233.33 (a) (1990). The estimate must be based on the agency’s “reasonable expectation and knowledge of current, past or future circumstances.”
Levesque v. Comm'r, Dep't of Human Servs., 508 A.2d 943 (Me. 1986). “45 C.F.R. § 233.33 (a) (1985). The “best estimate” is based on the agency’s “reasonable expectation and knowledge of current, past or future circumstances.”
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