Lowry

This case is a class action against the Secretary of the State Health and Welfare Agency and the Director of the of Benefit Payments seeking to have a state regulation concerning the aid to families with dependant children (AFDC) declared invalid and to have class members’ AFDC benefits recalculated. Plaintiffs challenge as contrary to federal law a state disallowing as reasonable work-related expenses those child care expenses paid to nonworking members of the AFDC applicant’s The court below declared the regulation to be contrary to both state and federal law. The court granted two named plaintiffs peremptory writs of mandate ordering defendants to recalculate their grants. However, the court refused to grant a writ of mandate for the class as a whole.

Three issues are raised on appeal, one by plaintiffs (as appellants) and two by defendants (as cross-appellants). Defendants contend that the court below erred in its interpretation of federal law and therefore should not have granted judgment for plaintiffs on the merits. contend that they were denied due process by the lower court’s failure to certify the class and order notice to its members prior to of the merits of…