[Federal Register Volume 59, Number 14 (Friday, January 21, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-1468]
[[Page Unknown]]
[Federal Register: January 21, 1994]
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DEPARTMENT OF HEALTH AND HUMAN SERVICES
Administration for Children and Families
45 CFR Part 233
Aid to Families With Dependent Children; Need and Amount of
Assistance; Correction
AGENCY: Administration for Children and Families, HHS.
ACTION: Correcting amendments.
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SUMMARY: This document contains corrections to final regulations
published December 9, 1991 (56 FR 64195), July 8, 1992 (57 FR 30132)
and July 9, 1992 (57 FR 30407) concerning the Aid to Families With
Dependent Children program. This correction amendment addresses
provisions which were inadvertently excluded by those final
regulations.
EFFECTIVE DATE: January 21, 1994.
FOR FURTHER INFORMATION CONTACT:
Mr. Mack Storrs, Office of Family Assistance, (202) 401-9289.
SUPPLEMENTARY INFORMATION:
Need for Correction
Final regulations published December 9, 1991 (56 FR 64195), July 8,
1992 (57 FR 30132) and July 9, 1992 (57 FR 30407) concerning the Aid to
Families With Dependent Children program contained drafting errors
which resulted in the omission of several provisions of 45 CFR 233.20.
Specifically, the amendatory language in the final rule published
December 9, 1991, containing an amendment to Sec. 233.20(a)(3)(vi)
should have designated the affected section as Sec. 233.20(a)(3)(vi)(A)
to prevent the elimination of paragraph (B).
Further, the amendatory language in the final rule published July
8, 1992, containing an amendment to Sec. 233.20(a)(14) should have been
followed by the standard Federal Register five-star designation to
indicate that all that follows, in this case paragraphs (b) and (c),
remain unchanged. The absence of the five stars resulted in the
elimination of paragraphs (b) and (c).
Finally, the amendatory language in the final rule published July
9, 1992, containing an amendment to Sec. 233.20(a)(13)(i)(A) should
have provided for the retention of Sec. 233.20(a)(13)(i)(A) (1) and
(2).
List of Subjects in 45 CFR Part 233
Aliens, Grant programs--social programs, Public assistance
programs, Reporting and recordkeeping requirements.
Dated: January 13, 1994.
Neil J. Stillman,
Deputy Assistant Secretary for Information Resources Management.
PART 233--[AMENDED]
Accordingly, 45 CFR part 233 is corrected by making the following
correcting amendments:
1. The authority citation for part 233 continues to read as
follows:
Authority: 42 U.S.C. 301, 602, 606, 607, 1202, 1302, 1352, and
1382 note.
2. In Sec. 233.20, paragraphs (a)(3)(vi)(B), (a)(13)(i)(A) (1) and
(2), (b) and (c) are added to read as follows:
Sec. 233.20 Need and amount of assistance.
(a) * * *
(3) * * *
(vi) * * *
(B) Income of an alien parent, who is disqualified pursuant to
Sec. 233.50(c) is considered available to the otherwise eligible child
by applying the stepparent deeming formula at 45 CFR 233.20(a)(3)(xiv).
* * * * *
(13) * * *
(i) * * *
(A) * * *
(1) Any recovery of an overpayment to a current assistance unit,
including a current assistance unit or recipient whose overpayment
occurred during a prior period of eligibility, must be recovered
through repayment (in part or in full) by the individual responsible
for the overpayment or recovering the overpayment by reducing the
amount of any aid payable to the assistance unit of which he or she is
a member, or both.
(2) If recovery is made from the grant, such recovery shall result
in the assistance unit retaining, for any payment month, from the
combined aid, income and liquid resources, (without application of
section 402(a)(8) of the Act) not less than 90 percent of the amount
payable under the State plan to a family of the same composition with
no other income. Where a State chooses to recover at a rate less than
the maximum, it must recover promptly.
* * * * *
(b) Federal financial participation; General. (1) Federal
participation will be available in financial assistance payments made
on the basis that (after application of policies governing the
allowable reserve, disregard or setting aside of income and resources),
all income of the needy individual, together with the assistance
payment, do not exceed the State's defined standard of assistance, and
available resources of the needy individuals do not exceed the limits
under the State plan.
(2) Federal participation is available within the maximums
specified in the Federal law, when the payments do not exceed the
amount determined to be needed under the statewide standard, and are
made in accordance with the State method for determining the amount of
the payments, as specified in Sec. 233.31 for AFDC and in Secs. 233.24
and 233.25 for OAA, AB, APTD, and AABD.
(3) Federal participation is available in financial assistance
payments made on the basis of the need of the individual. This basis
may include consideration of needy persons living in the same home with
the recipient when such other persons are within the State's policy as
essential to his well-being. Persons living in the home who are
``essential to the well-being of the recipient,'' as specified in the
State plan, will govern as the basis for Federal participation (see
Guides and Recommendations). When the State includes persons living
outside the home or persons not in need, Federal participation is not
available for that portion of financial assistance payments
attributable to such persons, and the State's claims must, therefore,
identify the amounts of any such nonmatchable payments.
(4) For all assistance programs except AFDC, Federal participation
is available for supplemental payments in the retrospective budgeting
system.
(c) Federal financial participation in vendor payments for home
repairs. With respect to expenditures made after December 31, 1967,
expenditures to a maximum of $500 are subject to Federal financial
participation at 50 percent for repairing the home owned by an
individual who is receiving aid or assistance (other than Medical
Assistance for the Aged) under a State plan for OAA, AFDC, AB, APTD, or
AABD if:
(1) Prior to making the expenditures the agency determined that:
(i) The home is so defective that continued occupancy is unwarranted;
(ii) unless repairs are made the recipient would need to move to rental
quarters; and (iii) the rental cost of quarters for the recipient
(including the spouse living with him in such home and any other
individual whose needs were considered in determining the recipient's
need) would exceed (over a period of 2 years) the repair costs needed
to make such home habitable together with other costs attributable to
continued occupancy of such home.
(2) No expenditures for repair of such home were made previously
pursuant to a determination as described in paragraph (c)(1) of this
section. This does not preclude more than one payment made at the time
repairs are made pursuant to the determination, e.g., separate payments
to the roofer, the electrician, and the plumber.
(3) Expenditures for home repairs are authorized in writing by a
responsible agency person, records show the eligible person in whose
behalf the home repair expenditure was made, and there is sufficient
evidence that the home repair was performed.
[FR Doc. 94-1468 Filed 1-19-94; 4:15 pm]
BILLING CODE 4150-04-M
