Although much of the public debate on cash assistance time limits has focused on the 48-month lifetime limit passed by the Legislature in August, a quiet Department of Human Services decision to reach back to 1996 to count months is what’s really driving welfare policy, advocates said Wednesday.

The Michigan League for Human Services and the Center for Civil Justice spoke with reporters at a media roundtable Wednesday regarding the confusion surrounding the time limits in Michigan. More than 11,000 families are slated to be cut from assistance. 

On Monday, a Genesee County judge issued a preliminary injunction against cutting most of the families from cash assistance. A lawsuit filed by the Center for Civil Justice argues the state failed to follow state law in applying time limits.

Though it is not required to do this, the Michigan Department of Human Services is looking back to 1996 to see if families have been on assistance for 60 months or longer. This conflicts with the state law that looks back to October 2007 and applies a 48-month limit.

“The department policy is an end run around the state Legislature without any public debate and any public notice,’’ said Terri Stangl, executive director of the Center for Civil Justice.

For example, it’s often stated that families caring for a disabled child will be exempt from time limits, but they are only exempt from the Legislature’s 48 months, not the 60-month limit.

Many of the families targeted for cuts have severely disabled children who will need more intensive services if their parents are required to work.

“If you look at the people most affected by this, two-thirds are kids,’’ said Michigan League for Human Services President & CEO Gilda Z. Jacobs. “We need to slow down and consider all of the unintended consequences before we move forward.’’

Although the Snyder administration has indicated that it is required to cut people off after 60 months under federal law, that is not what the law requires. The law allows the state to set its own time limit. For 11 years after the 1996 passage of federal welfare reform legislation, Michigan had no time limits at all. New state law sets a 48-month limit.

The Michigan League for Human Services is a nonprofit, nonpartisan statewide policy and advocacy organization dedicated to ensuring that Michigan’s low-income residents achieve economic security.