Opinion · Court of Appeals of Oregon

Swofford v. Adult & Family Services Division

95 Or. App. 394

Type
Opinion
Court
Court of Appeals of Oregon
Jurisdiction
Oregon
Date
1989-02-22
Topic
general

PER CURIAM Petitioner seeks review of an order of the Adult and Family Services Division that denied her application for Aid to Dependent Children for July, 1987. Petitioner, a law student during the regular school year, was employed in July at Oregon Legal Services under a work-study grant from the United States Department of Education. She asserts that, contrary to federal law, AFSD included the grant in her income. We disagree. Under OAR 461-04-840 and OAR 461-04-885, AFSD must count work-study grants for graduate students as income.

Citator

UpLaw has not yet analyzed Swofford v. Adult & Family Services Division. The absence of a flag is not a finding that it is good law.

PER CURIAM

Petitioner seeks review of an order of the Adult and Family Services Division that denied her application for Aid to Dependent Children for July, 1987.

Petitioner, a law student during the regular school year, was employed in July at Oregon Legal Services under a work-study grant from the United States Department of Education. She asserts that, contrary to federal law, AFSD included the grant in her income. We disagree. Under OAR 461-04-840 and OAR 461-04-885, AFSD must count work-study grants for graduate students as income. Although federal law requires AFSD to exclude work-study grants from a graduate student’s income if they are “obtained and used under conditions that preclude their use for current living costs,” 45 CFR 233.20(a)(3) (iv)(B), petitioner used the grant for living expenses in July. Federal law does not preclude that use, because the expenses were “related to attendance or continued attendance at [an institution of higher learning].” 20 USC § 1091(a)(5). Consequently, OAR 461-04-840 and OAR 461-04-885, as applied here, are not inconsistent with federal law. See Pahle v. AFSD, 72 Or App 606, 696 P2d 1135 (1985).

Petitioner’s remaining assignments of error are without merit.

Affirmed.