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8.4A TITLE IV-E, General Title IV-E Requirements, AFDC Eligibility

Items with a star (*) and gray background have been modified from previous record.

Question Number 6:
06/07/2013 - Current
Question*Under the Aid to Families with Dependent Children (AFDC) regulations, certain work expense deductions and disregards are allowable in determining eligibility. In determining the amount of a child's earnings, is the AFDC budgeting procedure to be followed or are title IV-E agencies allowed to establish a separate set of budgeting procedures for title IV-E?
Answer*The AFDC regulations and procedures (45 CFR 233.20) are applicable in the title IV-E foster care maintenance payments program.
Source/Date*ACYF-CB-PIQ-85-07 (6/25/85) (revised 6/6/13)
Legal and Related References*45 CFR 233.20

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02/19/2001 - 06/07/2013 (Original Record)
QuestionUnder the Aid to Families with Dependent Children (AFDC) regulations, certain work expense deductions and disregards are allowable in determining eligibility. In determining the amount of a child's earnings, is the AFDC budgeting procedure to be followed or are States allowed to establish a separate set of budgeting procedures for title IV-E?
AnswerThe AFDC regulations and procedures (45 CFR 233.20) are applicable in the title IV-E foster care maintenance payments program. In determining the eligibility of a child who is receiving foster care benefits under title IV-E, the amount of the child''s gross income should be applied to 185% of the need standard, and eligibility would continue in terms of need as long as his gross income did not exceed that point. However, in applying the 185% test when determining initial eligibility, the State has the option to disregard the earned income of a dependent child who is a full time student. Once the child is receiving payments under the title IV-E program, the earned income of the child who is a full time student is disregarded indefinitely (402 (a)(8)(A)(i) and 402 (a)(8)(A)(vii)).

If a portion of the child''s income is applied to the foster care maintenance cost, the State''s claim for Federal financial participation should include only its share of the amount paid for foster care that has not been offset by the child''s countable income.

Source/DateACYF-CB-PIQ-85-07 (6/25/85)
Legal and Related ReferencesSocial Security Act - 45 CFR 233.20

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