[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]
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