Vol. 7, No. 3, No. 28. WELFARE REFORM.

• Author: By Susan B. Berkowitz

South Carolina Lawyer

1995.

Vol. 7, No. 3, No. 28.

WELFARE REFORM

28WELFARE REFORMBy Susan B. BerkowitzWelfare reform has received a great deal of attention in the last year. Many political candidates ran their campaign platforms on reforming the "broken welfare system." Themes such as welfare-to-work have caught on, with much enthusiasm both on a national and state level. All of these reform measures will affect the way welfare is administered in states and localities.

National block grants will mean less money coming into the states as well as taking away entitlement status to the recipient. Changes by the states will redefine who is eligible and for what duration of time. Lawyers will find that many of their clients will be affected by these changes. Changes will also be seen in systems such as child support enforcement, which will have an impact on the day-to-day practice of law. Lawyers must be prepared to counsel clients who are receiving benefits to make certain they understand the changes and how the new laws can affect pending legal cases.

Aid to Families with Dependent Children (AFDC) is the program referred to as Welfare. It is a joint federal-state program, with the federal government putting up approximately 70 cents for every 30 cents the state pledges for support. The federal program can be found at Title VI-A of the Social Security Act, 42 U.S.C. §§ 601-617 and 45 C.F.R. parts 201-206, 213, 232-237 and 282.

The state, for the most part, must follow strict federal rules, although it may determine income eligibility criteria and payment levels. South Carolina currently pays the sixth lowest payment in the nation. For example, the maximum monthly benefit a family of three may receive is $200, which is 20% of the federal poverty level.

To be eligible, a family must have a child that is deprived of the support of a parent due to death, desertion or disability. The custodian must cooperate with the Department of Social Services (DSS) in efforts to collect child support from the absent parent and participate in the work support program.

The average AFDC family in South Carolina has 1.76 children. Currently, a two parent family can only receive AFDC if they meet very strict past employment guidelines. Ironically, this is one factor that determines why most AFDC families do not have both parents in the home and a...