- Posted November 02, 2011
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Lansing Some welfare cuts delayed by circuit court judge order
By Tim Martin
Associated Press
LANSING, Mich. (AP) -- Michigan's plan to end welfare cash assistance benefits for roughly 11,000 families was at least temporarily blocked by a court order Monday, the second delay for some of the state's scheduled public assistance cuts.
Genesee County Circuit Court Judge Geoffrey Neithercut blocked the Michigan Department of Human Services from using a five-year lifetime limit based on federal regulations to end benefits for some welfare recipients. Some families were expected to begin losing benefits under the policy in November, but the injunction would prohibit that while a court case related to the welfare policies continues.
The state appealed the ruling Monday afternoon with the Michigan Court of Appeals, seeking immediate consideration of the case.
Monday's ruling does not affect roughly 100 families expected to lose their benefits in November because of a new state law that restricts lifetime benefits to four years. The four-year limit generally applies to cases that began on and after Oct. 1, 2007.
The five-year limit is separate and stems from a Department of Human Services policy based on federal regulations. The five-year limit would apply to cases that began prior to Oct. 1, 2007 and could cover welfare cases that began as early as 1996.
The Center for Civil Justice, an advocacy group that sued on behalf of welfare recipients, says the policy using a five-year cutoff conflicts with the state law calling for a four-year lifetime limit on benefits. The advocacy group says the five-year limit does not include all of the exemptions required by state law.
The Department of Human Services argues that both federal and state laws authorize its actions.
Monday's ruling is the second delay for Michigan's welfare cuts, which were expected to begin Oct. 1.
A federal judge earlier ruled that Michigan's initial notices to those who were scheduled to lose benefits did not contain enough information. That delayed the cuts by roughly a month while the state sent out revised notices.
Published: Wed, Nov 2, 2011
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