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THORNE v. N.C. DEPT. OF HUMAN RESOURCES

No. 857SC1334.

347 S.E.2d 88 (1986)

Joy M. THORNE, Appellant, v. NORTH CAROLINA DEPARTMENT OF HUMAN RESOURCES, North Carolina Division of Social Services, Appellees.

Court of Appeals of North Carolina.

August 19, 1986.

Attorney(s) appearing for the Case

Atty. Gen. Lacy H. Thornburg by Associate Atty. Gen. Cathy J. Rosenthal, Raleigh, for appellees.

Eastern Carolina Legal Services, Inc. by David H. Harris, Jr., Goldsboro, and N.C. Legal Services Resource Center, Inc. by Pam Silberman, Raleigh, for petitioner-appellant.

COZORT, Judge.

Petitioner applied for Aid to Families with Dependent Children (hereinafter referred to as AFDC) medically needy assistance. The Wilson County Department of Social Services (hereinafter referred to as DSS) calculated petitioner's eligibility income, including therein her federal and state income tax refunds. Under the North Carolina AFDC program, an income tax refund is considered as a resource, not as income, in determining AFDC eligibility. The question...

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