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This Information Memorandum transmits the Federal five-year time limit tables for FY 2003.

The purpose of this program memorandum is to provide State agencies with (a) new electronic reporting requirements for the Medicaid and SCHIP measures and (b) quarterly submission dates for transmitting monthly files of adult TANF recipients necessary to compute HPB scores, if the State wishes to compete on this HPB measure.


 

This Program Instructions sets forth revised standard procedures for resolving disagreements over state-submitted caseload and expenditure data used to establish the amount of a TFAG.  This issuance supersedes and rescinds the original PI on this topic (see TANF-ACF-PI-2004-02 dated May 14, 2004).  A new PI is necessary because of a reorganization of the Office of Family Assistance and the need to clarify certain aspects of the process.

This Program Instruction explains the use of TANF funds to recover Aid to Families with Dependent Children (AFDC) overpayments.  Under the former AFDC program, States were required to take appropriate action to collect all overpayments, either through repayments or recoupment (grant reduction).  Collections were retained by the State, reported quarterly and the grant award was adjusted to recover the Federal share (FMAP) of the assistance payment.

With the enactment of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (PRWORA), ACF issued a series of three “program instructions” that required States to continue to pursue AFDC overpayments made prior to October 1, 1996 and refund the Federal share. TANF-ACF-PI-2000-2 dated September 1, 2000 rescinded the prior program instructions and required States to remit the Federal share of recovered AFDC overpayments made prior to October 1, 1996 to ACF via check.  The policy to pursue and return the Federal share of AFDC overpayments made prior to October 1, 1996 is still in place.  Recoveries of overpayments paid to recipients on or after October 1, 1996 were to be retained by the State and used for TANF program costs.  While not explicitly stated in TANF-ACF-PI-2000, the reason for the difference in treatment between the two timeframes is that appropriations law requires public funds to be used only in the program and for the purposes for which they were appropriated, except as otherwise provided by law.

Beginning in fiscal year 2000, the HHS Office of the Inspector General (OIG) began audits of 24 State programs and three California counties to determine whether States had properly collected and refunded AFDC overpayment recoveries to the Federal government, in accordance with the program instruction.  For those States which had not complied, the OIG recommended that the States refund the Federal share to ACF.

The follow-up discussion with States about the policy and appropriations law principles has raised the question as to whether TANF funds can be used for the costs to recover AFDC overpayments, if AFDC collections cannot be retained and used in the TANF program.

This Program Instruction informs States of the approval of Form ACF-196 by the Office of Management and Budget (OMB).  Approved under OMB #0970-0247.

This Information Memorandum informs State agencies and other interested parties of the Federal Register notice published on December 4, 2000 (65 FR 75632).

The purpose of this Program Instruction (PI) is to advise States and other interested parties of the rescission of the Food Stamp and Medicaid program certification requirements the Department of Health and Human Services (DHHS) specified in TANF-ACF-PI-99-5 for making FY 2001 HPB awards.

This Program Instruction provides State agencies with guidance on submitting their annual reports (including the annual report on their State MOE programs), beginning with reports for fiscal year 2000.  This Program Instruction also transmits form ACF-204, the form and instructions that States must use to report annually on their MOE programs.

This Program Instruction explains the collecting and reporting of overpayments made to families under the former Aid to Families with Dependent Children (AFDC) Program.  Although the AFDC Program was repealed and replaced with the TANF Program, a number of AFDC overpayments remain outstanding, and the requirement to pursue and recover the remaining uncollected AFDC overpayments remains in place.

This Program Instruction informs States that, as a first step in developing a State child poverty rate, ACF will provide to the States the number and percentage of children in poverty in each State based on Census Bureau estimates. (A slightly different process will apply to the Territories).