The class of individuals with respect to whom payments are actually made (the first four or five eligible dependent children in a family), is grossly underinclusive in terms of the class that the AFDC program was designed to assist, namely, all needy dependent children.
But the State may not wield its economic whip in this fashion when the effect is to cause a deprivation to needy dependent children in order to correct an arguable fault of their parents.
Appellees are not a gas company or an optical dispenser; they are needy dependent children and families who are discriminated against by the State.
In theory, no payments are made with respect to needy dependent children in excess of four or five, as the case may be.
As its name indicates, the AFDC program "is designed to provide financial assistance to needy dependent children and the parents or relatives who live with and care for them". Shea v. Vialpando, 416 U.S. 251, 253, 94 S.Ct.
Nowhere in the Act is there any sanction or authority for the State to alter those definitions -- that is, to select arbitrarily from among the [p511] class of needy dependent children those whom it will aid.
the care of dependent children in their own homes or in the homes of relatives by enabling each State to furnish financial assistance and rehabilitation and other services, as far as practicable under the conditions in such State, to needy dependent children and the parents or relatives with whom they are living to help maintain and strengthen family life...
On the contrary, when Congress undertook to subsidize payments on behalf of each recipient -- including each dependent child -- it seems clear that Congress intended each needy dependent child to receive the use and benefit of at least the incremental amount of the federal subsidy paid on his account.
What I view as an extension of our call to help those who cannot help themselves, others see as entitlement that only makes the needy dependent.
I was not the "inspirational hero" for having survived vision loss, nor was I the "needy dependent" or the one to ignore because she was different.
Any monies received by Miska are turned over to the VFW and used for veterans' welfare, for the well-being of their needy dependents, for a disabled veterans' relief fund and to support veterans' hospitals.
