[Federal Register Volume 59, Number 43 (Friday, March 4, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-4899]
[[Page Unknown]]
[Federal Register: March 4, 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 Increase in Stepparent
Income Disregard
AGENCY: Administration for Children and Families (ACF), HHS.
ACTION: Final rule.
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SUMMARY: This final rule implements the change in the stepparent earned
income disregards for the Aid to Families with Dependent Children
(AFDC) program as provided under section 13742 of the Omnibus Budget
Reconciliation Act (OBRA) of 1993. This provision increases the
stepparent earned income disregard from $75 to $90.
EFFECTIVE DATE: March 4, 1994.
FOR FURTHER INFORMATION CONTACT:
Mr. Mack A. Storrs, Administration for Children and Families, Office of
Family Assistance, Fifth Floor, 370 L'Enfant Promenade, SW.,
Washington, DC 20447, telephone (202) 401-9289.
SUPPLEMENTARY INFORMATION:
Discussion of Rule Provision
Pursuant to section 402(a)(31) of the Social Security Act (the Act)
the income of an AFDC dependent child's stepparent who lives in the
same home as the child is counted in the monthly determination of
eligibility and the amount of assistance. This provision is applied in
States that do not have laws of general applicability holding a
stepparent legally responsible to the same extent as a natural or
adoptive parent. Section 402(a)(31) also provides for the disregard of
certain portions of the stepparent's income in determining the amount
to be counted, including the first $75 of the stepparent's monthly
earned income.
Effective October 1, 1989, Public Law 100-485 amended section
402(a)(8)(ii) of the Act by increasing the standard work expense
disregard for AFDC applicants and recipients from $75 to $90. However,
it did not increase the comparable $75 earned income disregard for
stepparents.
Thus, to be consistent, section 13742 of Public Law 103-66, the
Omnibus Budget Reconciliation Act (OBRA) of 1993, amended section
402(a)(31)(A) of the Act by increasing the earned income disregard for
stepparents from $75 to $90 per month. We have amended
Sec. 233.20(a)(3)(xiv)(A) to reflect this statutory change.
Regulatory Procedures
Justification for Dispensing With Notice of Proposed Rulemaking
The amendment to this regulation is being published as a final
rule. The Administrative Procedure Act, 5 U.S.C. 553(b)(B), provides
that, if the Department for good cause finds the Notice of Proposed
Rulemaking is unnecessary, impractical or contrary to the public
interest, it may dispense with such notice if it incorporates a brief
statement of the reasons for doing so in the rules issued.
The Department finds that there is good cause to dispense with a
Notice of Proposed Rulemaking with respect to this change. Publication
of this rule in proposed form would be unnecessary as the change simply
implements the statutory provision and does not involve administrative
discretion.
Executive Order 12866
Executive Order 12866 requires that regulations be reviewed to
ensure that they are consistent with the priorities and principles set
forth in the Executive Order. The Department has determined that this
rule is consistent with these priorities and principles. This rule has
no costs and merely conforms the codified regulation to the statute.
Paperwork Reduction Act
This rule does not require any information collection activities
and therefore no approval is necessary under the Paperwork Reduction
Act.
Regulatory Flexibility Act
The Regulatory Flexibility Act (Pub. L. 96-354) requires the
Federal Government to anticipate and reduce the impact of regulations
and paperwork requirements on small businesses. The primary impact of
this final rule is on State governments and individuals. Therefore, we
certify that this rule will not have a significant economic impact on a
substantial number of small entities because it affects benefits to
individuals and payments to States. Thus, a regulatory flexibility
analysis is not required.
List of Subjects in 45 CFR Part 233
Aliens, Grant programs--social programs, Public assistance
programs, Reporting and recordkeeping requirements.
(Catalog of Federal Domestic Assistance Programs 13.780, Assistance
Payments-Maintenance Assistance)
Dated: November 20, 1993.
Mary Jo Bane,
Assistant Secretary for Children and Families.
Approved: February 7, 1994.
Donna E. Shalala,
Secretary of Health and Human Services.
For the reasons set forth in the preamble, part 233 of chapter II,
title 45, Code of Federal Regulations is amended as set forth below:
PART 233--COVERAGE AND CONDITIONS OF ELIGIBILITY IN FINANCIAL
ASSISTANCE PROGRAMS
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. Section 233.20 is amended by revising paragraph (a)(3)(xiv)(A)
to read as follows:
Sec. 233.20 Need and amount of assistance.
(a) * * *
(3) * * *
(xiv) * * *
(A) The first $90 of the gross earned income of the stepparent;
* * * * *
[FR Doc. 94-4899 Filed 3-3-94; 8:45 am]
BILLING CODE 4150--04-M
