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Final Rule: Matching Payments to States for Non-AFDC Related Expenditures

AT-81-01

Published: January 29, 1981
Information About:
State/Local Child Support Agencies
Topics:
Funding, Federal Financial Participation (FFP)
Types:
Policy, Action Transmittals (AT), Regulations

Matching Payments to States for Non-AFDC Related Expenditures

REGULATION

Action Transmittal

OCSE-AT-81-01

January 29, 1981

TO:STATE AGENCIES ADMINISTERING CHILD SUPPORT ENFORCEMENT PLANS UNDER TITLE IV-D OF THE SOCIAL SECURITY ACT, AND OTHER INTERESTED INDIVIDUALS

SUBJECT:Matching Payments to States for Non-AFDC Related Expenditures

ATTACHMENT:Attached is a final regulation which amends 45 CFR 304.20 to provide Federal financial participation on a continuing basis for the cost of child support enforcement services provided by State IV-D agencies to individuals who are not eligible for assistance under the AFDC program. This regulation implements the provisions of Section 301 of P.L. 96-272.

REGULATION REFERENCE: 45 CFR 304.20

PRIOR INSTRUCTIONS:P.L. 96-272 was signed by the President on June 17, 1980. OCSE issued an Action Transmittal (OCSE-AT-80-11, dated July 7, 1980) which provided interim instructions for receiving FFP in costs of non-AFDC services.

INQUIRIES TO: OCSE Regional Representatives

Deputy Director

Office of Child Support

Enforcement

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Office of Child Support Enforcement

45 CFR Part 304

Federal Financial Participation; Availability and Rate of Federal Financial participation

AGENCY: Office of Child Support Enforcement (OCSE, HHS).

ACTION: Final Rule.

SUMMARY: This regulation provides for Federal financial participation (FFP) on a continuing basis for the cost of child support enforcement services provided by State IV-D agencies to individuals who are not eligible for assistance under the Aid to Families with Dependent Children program (AFDC). The regulation implements Section 301 of Public Law 96-272 which provides funding for all non-AFDC services provided on or after October 1, 1978. The statute makes no reference to a termination date, thus States will be able to receive 75 percent reimbursement for the cost of providing child support services to non-AFDC recipients on a permanent basis.

EFFECTIVE DATE: October 1, 1978.

FOR FURTHER INFORMATION CONTACT: Justine Deegan, Room 1010, 6110 Executive Blvd., Rockville, MD 20852; (301) 443-5350.

SUPPLEMENTARY INFORMATION: Title IV-D of the Social Security Act requires each State to make child support enforcement services available to welfare recipients and those individuals not on welfare who request such services. When the Child Support Enforcement program was established in 1975, FFP for services to non-welfare recipients was provided for only one year, until June 30, 1976. Public Law 94-365 enacted in July 1976 extended FFP until June 30, 1977. Public Law 95-59, effective June 30, 1977, provided a 15 month extension until September 30, 1978.

Later, Public Law 96-178, signed by the President on January 2, 1980 provided FFP for services to non-welfare recipients for the period October 1, 1978 through March 31, 1980. Section 301 of Public Law 96-272 amends Section 455(a) of the Social Security Act retroactive to October 1, 1978. The amendment provides FFP for services to non-welfare recipients on a continuing basis.

The Department finds, in accordance with the Administrative Procedure Act (5 U.S.C. 553(b)(B)), that there is good cause to dispense with public notice and comment with respect to this amendment. The change is a technical amendment which merely conforms the regulation to the amended statute. Further, this regulation imposes no new requirement upon the States, but rather provides FFP to the States for activities that have been and continue to be a part of the Child Support Enforcement program.Consequently, notice of proposed rulemaking would be impracticable and unnecessary. In addition, this amendment is effective immediately upon publication, retroactive to October 1, 1978, because it removes a restraint on Federal funding.

45 CFR 304.20 is amended by revising paragraph (a) as follows:

§ 304.20 Availability and rate of Federal financial participation.

(a) Federal financial participation at the 75 percent rate is available for:

(1) Necessary expenditures under the State title IV-D plan for the child support enforcement services and activities specified in this section and § 304.21 provided to individuals from whom an assignment of support rights has been obtained pursuant to § 232.11 of this title;

(2) Collection services pursuant to § 302.51(e)(1) of this chapter;

(3) Parent locator services for individuals eligible pursuant to § 302.33 of this title;

(4) Paternity and child support services under the State plan for individuals eligible pursuant to § 302.33 of this chapter.

* * * * *

(Section 1102 of the Social Security Act, (49 Stat. 647 and Section 455(a) of the Social Security Act 42 U.S.C. 655(a).) Catalog of Federal Domestic Assistance Program No. 13.679, Child Support Enforcement Program)

Note. The Office of Child Support Enforcement has determined that this document does not require preparation of a Regulatory Analysis as prescribed by Executive Order 12044.

Dated: October 20, 1980.

William J. Driver,

Director, Office of Child Support Enforcement.

Approved: November 13. 1980.

Patricia Roberts Harris,

Secretary.

[FR Doc. 81-324 Filed 1-5-81; 8:45 am]

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