45 C.F.R. § 233.35

Computing the assistance payment under retrospective budgeting after the initial one or two months (AFDC)

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The State plan for AFDC shall provide:

(a) After the initial one or two payment months of assistance under § 233.34, the amount of each subsequent month's payment shall be computed retrospectively, i.e., shall be based on income and other relevant circumstances in the corresponding budget month except as provided in § 233.20(a)(3)(iii). In any month for which an individual will be determined eligible prospectively and will be added to an existing AFDC assistance unit, the State must meet the individual's needs to the same extent it would if the individual were an applicant for AFDC.

(b) Except as provided in § 233.34(b), for the first and second payment month for which retrospective budgeting is used, the State shall not count income from the budget month already considered for any payment month determined prospectively which is not of a continuous nature.

[47 FR 5679, Feb. 5, 1982]

Notes of Decisions

Cited in 3 cases, 1984–1992 · leading case: Civetti v. Comm'r of Pub. Welfare, 467 N.E.2d 101 (Mass. 1984).

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Civetti v. Comm'r of Pub. Welfare, 467 N.E.2d 101 (Mass. 1984). “V 1981); 45 C.F.R. § 233.35 (a) (1983); 47 Fed. Reg.”

Jackson v. Guissinger, 589 F. Supp. 1288 (W.D. La. 1984). “§ 602 (a)(13)(A) and 45 C.F.R. § 233.35 (a). The thousand dollar resource exclusion becomes relevant only in later months in the event that the family still holds the sums previously counted as income.”

Daniels v. McMahon, 92 Cal. Daily Op. Serv. 1835 (Cal. Ct. App. 1992). “§ 602 (a)(13); 45 C.F.R. § 233.35 .) In California, the month upon which the determination is based, the “budget month,” is two months prior to the month in which benefits are paid, the “payment month.”

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