Eligibility Determination in Cases of Continued Absence
September 13, 1976
TO: STATE AGENCIES ADMINISTERING APPROVED PLANS UNDER TITLES IV-A AND IV-D OF THE SOCIAL SECURITY ACT
SUBJECT: Eligibility Determination in Cases of Continued Absence:Agency Responsibility and Federal Matching Rate
REGULATION REFERENCE: 45 CFR 206.10; 45 CFR 304.20; 304.23
PROGRAM APPLICABILITY: AFDC Program and Child Support Enforcement Program
INSTRUCTION:This program instruction is to clarify that all AFDC eligibility determinations and redetermination, including presumptive eligibility cases which are based on deprivation of parental support or care due to continued absence of a parent, are the responsibility of the single State agency administering the IV-A program. It also clarifies that Federal matching for the cost of such determinations is at the 50 percent rate. The responsibility of the IV-A agency for verifying continued absence is not diminished by the fact that such cases are referred to the IV-D agency.
The methods for making eligibility determinations and redetermination are established by the State. If a State plan provides for the use of presumptive eligibility, Federal matching is available at the 50 percent rate only if eligibility has been affirmatively determined in each case. Claims for Federal matching may not be predicated on mere referral of a presumptively eligible case to the IV-D agency.
Eligibility Determination in Cases of Continued Absence: Agency Responsibility and Federal Matching Rate
The IV-D agency is not responsible for verification of continued absence for the IV-A agency. Hence aState may not claim at the 75 percent Federal matching rate for the cost of eligibility determination required under title IV-A.
If, in the process of collecting support, the IV-D agency establishes that a parent is in fact not absent, such information should be provided to the IV-A agency, which must take prompt appropriate action in the case.
While States are encouraged to develop procedures for the exchange of information between the two programs, there needs to be a clear understanding as to the responsibilities of each agency so that Federal matching is appropriately claimed.
INQUIRIES TO: SRS Regional Commissioners and OCSE Acting Regional Directors.
Administrator, Social and Rehabilitation
Service and Director, Office of Child Support Enforcement