Smock

J.— We are called upon in this case to review an order of the trial court enjoining the Director of the State Department of Social Welfare and the secretary of the Health and Welfare Agency of California “from enforcing EAS [Eligibility and Assistance Standards] section 44-213.4 to the extent that it results in the exclusion of a needy *962 natural parent, residing with his or her eligible children from the AFDC [Aid to Families with Dependent Children] budget unit for purposes of AFDC grant computation.” The court by writ of mandate ordered appellants to return money withheld pursuant to this regulation from October 1, 1971, or the date of the application for assistance.

The challenged regulations (MPP section 44-213.42 and MPP section 44-213.413) provide that an unmarried parent of a child eligible for aid under the state’s AFDC program (§§ 11200-11489) may be included in the department’s calculation of financial eligibility but shall not be included for purposes of grant computation. * Other relevant factors being the same, this results in a lower grant where the parents of an eligible child are unmarried than where the parents are married.

We agree with the trial…