[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