Court: Don’t cut kids’ benefits

The New Hampshire Supreme Court has struck down a rule that allowed the Department of Health and Human Services (DHHS) to subtract Social Security disability income from other welfare benefits. 

In 2012 that state changed a rule so it could consider Supplemental Security Income (SSI) from the Social Security Act when calculating a family’s eligibility for Financial Assistance to Needy Families (FANF).  At the time, DHHS calculated this would save the state $9 million per year on roughly 1,500 cases. 

Two families of children with disabilities then sued the state for subtracting their children’s SSI disability benefits from FANF payments.

According to those parents, DHHS violated federal law by treating the disability benefits as family income.  Federal law requires that SSI payments only be used for the child receiving benefits, not the whole family.

DHHS argued that including SSI payments in a calculation in no way prevented the families from spending the SSI money solely on the recipient child.

The state Supreme Court sided with the families.

DHHS says the ruling will affect approximately 200 cases. 

How do you think the state should calculate welfare benefits? Let us know in the comments.