Mich. Comp. Laws § 400.10

Administration of social security act and food stamp act; cooperation with federal, state, and local governments; reports; welfare and relief problems; plan for distribution and allotment of federal moneys; rules; agreements; assuring federal approval.

Find cases: SyfertCases citing this section MI-LEGlegislature.mi.gov JustiaChapter on Justia CornellLII Search CasesGoogle Scholar

THE SOCIAL WELFARE ACT

Act 280 of 1939

400.10 Administration of social security act and food stamp act; cooperation with federal, state, and local governments; reports; welfare and relief problems; plan for distribution and allotment of federal moneys; rules; agreements; assuring federal approval.

Sec. 10.

The family independence agency is designated as the state agency to cooperate with the federal government in the administration of the social security act, chapter 531, 49 Stat. 620. The family independence agency may administer the food stamp act of 1977, Public Law 88-525, 7 U.S.C. 2011 to 2012 and 2013 to 2032, and any other law which the governor or the legislature of the state may designate. The family independence agency may cooperate with the proper departments or agencies of the federal government and with all other departments or agencies of the state and local governments, and supervise the administration by local governmental departments or agencies of any plans established by the state in cooperation with the federal government under these provisions and the rules promulgated pursuant thereto. The director shall make reports, in such form and containing such information, required under the social security act, and shall comply with the requirements made to assure the correctness and verification of the reports.

(2) The director, with the approval of the governor, may cooperate with the federal government, or any of its agencies or instrumentalities, in handling the welfare and relief problems and needs of the people of this state, to the extent authorized by the laws of this state.

(3) The director may adopt any plan required or desirable to participate in the distribution of federal moneys or the assistance of the federal government, and may accept on behalf of the state any allotment of federal moneys. The state treasurer may forward state moneys to the federal social security administration for federal administration of the state supplemental program of the social security act in accordance with an agreement pertaining thereto. The director may promulgate rules and the director or his or her designee may enter into any agreement or agreements with federal, state, or local units of government or private agencies necessary to enable the state or such units to participate in any plan the director deems desirable for the welfare of the people of this state.

(4) For the purpose of assuring full federal approval of the activities of the department and local departments with respect to the operation of a plan, the director may do all things reasonable and proper to conform with federal requirements pertaining to methods and standards of administration. In making rules with respect thereto, there shall be included such methods and standards of administration for the conduct of the work of local units, including the necessary supervision thereof, as may be required for the receipt of aid from the federal government.

History: 1939, Act 280, Imd. Eff. June 16, 1939 ;-- CL 1948, 400.10 ;-- Am. 1950, Ex. Sess., Act 42, Eff. Oct. 1, 1950 ;-- Am. 1973, Act 156, Imd. Eff. Dec. 6, 1973 ;-- Am. 1973, Act 189, Imd. Eff. Jan. 8, 1974 ;-- Am. 1996, Act 483, Imd. Eff. Dec. 27, 1996

PopularName Notes:

Act 280

AdminRule Notes:

R 400.1 et seq.; R 400.1101 et seq.; R 400.7171 et seq.; R 400.7391 et seq.; and R 400.7701 et seq. of the Michigan Administrative Code.

Notes of Decisions

Cited in 13 cases, 1970–2005 · leading case: Detroit Base Coalition for the Human Rights of the Handicapped v. Department of Social Services

Sort: Relevance Newest Treatment

Detroit Base Coalition for the Human Rights of the Handicapped v. Department of Social Services (1988) mich · cites it 2× “560(107), another exception to the definition of a rule: 5 "(j) A decision by an agency to exercise or not to exercise a permissive statutory power, although private rights or interests are affected.”

Evans v. Department of Social Services (1970) michctapp · cites it 7× “9 MCLA § 400.10 (Stat Ann 1968 Rev §16.410).”

People v. Watt (1982) michctapp “The department of social services (DSS) is authorized under the provisions of MCL 400.10 to administer this program in accordance with state and federal law and rules and its Assistance Payments Manual (APM).”

Majurin v. Department of Social Services (1987) michctapp “MCL 400.10; MSA 16.410. Defendant has done this in accordance with the policy directives found in its program administration manual (pam) and the glossary of its program reference manual (prm).”

Pharmaceutical Research & Manufacturers of America v. Department of Community Health (2003) michctapp “105, pursuant to the Social Welfare Act, MCL 400.10(3). 2 Phrma is an organization whose members are the suppliers of more than seventy-five percent of the sales of brand name prescription drugs in the United States.”

David Nursing Home v. Michigan Department of Social Services (1984) mied “§§ 400.10 and 16.552. The Michigan Department of Social Services is an arm of the State’s executive branch created pursuant to the State’s Constitution.”

Taxpayers of Michigan Against Casinos v. State (2005) michctapp · cites it 2× “The tribe also notes that the Legislature has authorized other bodies in advance to make binding contracts, pointing specifically to the Social Welfare Act, which authorizes the director of the Family Independence Agency, now the Department of Human Services, to enter into…”

McKee v. Department of Social Services (1986) mich · cites it 4× “Pursuant to MCL 400.10; MSA 16.410, the Director of the dss has been given authority to promulgate rules in regard to the afdc program.”

Timmons v. Department of Social Services (1979) michctapp · cites it 2× “Plaintiff’s first asserted error concerns the hear *335 ing authority’s failure to consider the plaintiffs eligibility for ADC-U benefits. Families with dependent children where the father is unemployed may qualify for ADC-U benefits, under a program funded on a matching basis…”

Capps v. MICHIGAN DEPARTMENT OF SOCIAL SERVICES (1982) michctapp · cites it 2× “* * * "The department administers the ADC program pursuant to MCL 400.10; MSA 16.410. The state administrative rules are found in 1979 AC, R 400.”

Kilpatrick v. Department of Social Services (1983) michctapp “MCL 400.10; MSA 16.410. Pursuant to that authorization, the director has promulgated the following rule: "Only income and resources which are available in *564 fact for current use are to be considered in determining the need of individuals for assistance and the amount of…”

Craven v. Department of Social Services (1984) michctapp “*677 "The department decided to terminate ADC-F benefits to the claimant in accordance with SM Item B-810, p 1. Specifically, the claimant is ineligible for ADC-F because the probate court order did not provide the DSS with the sole responsibility for the placement and care of…”

Show all 13 citing cases →

— Mich. Comp. Laws § 400.10(3) — 2 cases

Taxpayers of Michigan Against Casinos v. State (2005) michctapp “The tribe also notes that the Legislature has authorized other bodies in advance to make binding contracts, pointing specifically to the Social Welfare Act, which authorizes the director of the Family Independence Agency, now the Department of Human Services, to enter into…”

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.