Texas Department of Human Services, QC No. 66 (1994)

Department of Health and Human Services

Departmental Appeals Board

AFDC QUALITY CONTROL REVIEW PANEL

SUBJECT:  Texas Department of
Human Services
Docket No. A-94-078
Decision No. QC66

DATE:  May 26, 1994

DECISION

The Texas Department of Human Services (Texas) appealed a
January 27, 1994 quality control (QC) review
determination by the Regional Administrator of the
Administration for Children and Families (ACF).  ACF
determined that Texas improperly paid $166 in Aid to
Families with Dependent Children (AFDC) to G.S. who was
ineligible because of excess income.   1/

ACF found that Texas made an erroneous determination of
initial eligibility, and therefore, the incorrect payment
to G.S. was a regular payment discrepancy.  Texas,
however, argued that this improper payment was a payment
adjustment lag (PAL) error which did not require a
finding of a payment error under ACF policy.

For the reasons discussed below, we find that the error
in question constituted a regular error.  Accordingly, we
sustain ACF's determination of a regular discrepancy in
the amount of $166 for the May 1993 review month.

Relevant Legal Authority

Section 408(a) of the Social Security Act (Act) requires
the Secretary to operate a QC system which identifies
erroneous payments made by each state in carrying out its
state plan.  The Act requires each state to review a
sample of cases in which AFDC payments were made during
the review period in order to determine the level of
erroneous payments.  Further, the Act provides that the
Secretary shall review a subsample of the cases reviewed
by the state and notify the state of any case in the
subsample which the Secretary finds involves an erroneous
payment.  See sections 408(b)(1) and (2) of the Act. 
Each state is required to operate its QC system in
accordance with policies and procedures prescribed in a
Quality Control Manual (QCM) issued by the Department of
Health and Human Services.  45 C.F.R. � 205.40(b)(1).

In determining whether an applicant for AFDC assistance
is in need of benefits, the regulations require a state
agency to take into consideration the income and
resources of any child or relative applying for AFDC
funds.  See 45 C.F.R. � 233.20 (a)(1)(v).  The
regulations also provide that states may use a
prospective budgeting method to determine whether an
applicant is eligible for AFDC assistance.  45 C.F.R.
� 233.31.  The prospective budgeting method allows a
state agency to determine AFDC eligibility based on the
"best estimate" of the AFDC recipient's income.  45
C.F.R. � 233.31(b)(1).  This estimate should encompass
all information that could have been known regarding the
assistance unit's (AU) income and income-related
circumstances at the time the estimate is made.  QCM
� 3420.  In establishing the best estimate, a state
should describe its procedures for establishing a best
estimate in its permissible state practice (PSP).

Texas' PSP instructs eligibility workers trying to
project income to evaluate the applicant's household
income and income-related circumstances, and to budget
actual income received as of the eligibility interview
date and income that can be reasonably anticipated after
that date.  See Texas Income Assistance Handbook (IAH)
� 784.  According to Texas' PSP, "[r]easonably
anticipated means that the client knows who the income
will come from, in what month it will be received, and
how much it will be."  Id.

The QCM provides that changes in an AU's circumstances
can affect eligibility for AFDC assistance or the amount
of the household's payment.  QCM � 3300.  A change in
circumstance which results in ineligibility or a
different amount of AFDC assistance due is either a
regular or PAL discrepancy.  Id.

According to the QCM, a regular discrepancy occurs when--
     (1) a change in circumstance first occurred before
 the month immediately preceding the review month;
 or, (2) an incorrect adjustment was made to the
 review month's payment, including a supplemental
 payment, based on a change in circumstance which
 occurred during, or in the month immediately
 preceding the review month; or, (3) a change in
 circumstance occurred prior to authorization of the
 first check to a newly eligible AU.  A payment
 discrepancy can also result from an incorrect
 determination of eligibility or payment amount prior
 to initial authorization.  An erroneous
 determination at initial eligibility which results
 in an incorrect payment is always considered a
 regular payment discrepancy.

QCM � 3300 (emphasis added).

A regular payment discrepancy is distinguishable from a
PAL discrepancy which results from --

     a change in the AU's circumstances that first 
 occurred in the review month or the month
 immediately preceding the review month.  However,
 only changes that affect the review month(s)
 payment are considered PAL discrepancies.

For initial cases, the best estimate of the AU's income
must always be current.  See QCM � 3420.  If the estimate
was incorrectly calculated, then all income discrepancies
related to the inaccurate estimate are regular errors. 
Id.  Whether a discrepancy is considered regular or PAL
is significant because a PAL discrepancy is not included
in determining the amount while a regular error is
"recorded as the amount of misspent payment dollars for
the sampled case."  QCM � 3300.

Factual Background

G.S. applied for AFDC benefits under the Unemployed
Parent Program on April 20, 1993 and underwent his AFDC
eligibility interview on April 23, 1993.  Upon review of
information provided by G.S.' wife, the State eligibility
worker (EW) determined that the AU had no income for the
months of March and April 1993 and estimated that the AU
would not have any prospective income in the ensuing
months, including the review month of May 1993.  On May
3, 1993, however, G.S. began a new job at Franco Auto
Repair.  He was hired at a weekly rate of $125 per week,
and by the end of the month, had earned $500.  On May 6,
1993, the EW certified that G.S. was eligible for AFDC
assistance and a check for $166 was issued for the month
of May.  On May 7, 1993, G.S. received his first paycheck
for $125 and that same day reported to ACF that he had
secured a job.  On May 28, 1993, G.S. terminated his
employment with Franco Auto Repair and immediately began
a new job.

In reviewing this case, State QC found the case eligible
for the $166 AFDC grant.  Federal QC, however, determined
that G.S.' employment made him ineligible for AFDC
benefits and that the agency's failure to anticipate
G.S.' weekly earnings was a regular payment discrepancy.
 ACF informed Texas of its review findings by letter
dated December 2, 1993, and Texas requested
reconsideration of this decision.  Upon reconsideration,
ACF sustained its original finding that G.S. was
ineligible for any AFDC assistance and that Texas'
improper payment to G.S. was a regular payment
discrepancy for the May 1993 review month.

Analysis

On appeal, Texas acknowledged that there was a
discrepancy between G.S.' estimated and actual income for
May 1993.  Texas argued, however, that this was a PAL
error, since its best estimate of no income was correct
based on the information available at the time of G.S.'
initial eligibility interview.  Texas contended that
G.S.' employment could not be reasonably anticipated at
the time of the interview, that G.S. did not have any
income at that time, and that nothing indicated that his
circumstances would change in the near future.

This argument lacks merit, since what the EW knew at the
time of the eligibility interview is not relevant.  The
QCM specifically states that "the best estimate is
established at the time payment of assistance is
authorized."  QCM � 3420 (emphasis added).  Since G.S.
had started a new job at the time payment was authorized,
the EW should have considered this income in establishing
the best estimate of projected income.  Indeed, G.S.'
income from Franco Auto Repair could have been
"reasonably anticipated," pursuant to the QCM, since G.S.
knew, prior to certification, from whom the income he
would be receiving would come, in what month it would be
received, and how much he would receive.  See IAH � 784.
 Nevertheless, the EW relied only upon the information
obtained at G.S.' eligibility interview.  This was
contrary to the QCM which requires an EW to consider "all
information that could have been known" regarding an AFDC
applicants income, in establishing the best estimate of
prospective income.  QCM � 3420 (emphasis added). 
Moreover, the regulations provide that the best estimate
must always be current.  See QCM � 3420.  Thus, in
determining whether G.S. was initially eligible to
receive AFDC assistance, the EW failed to establish the
best estimate of G.S.' prospective income.  As a result
of this inaccurate estimate, G.S. received an improper
AFDC payment of $166.  According to the QCM, any payment
errors linked to an inaccurate estimate must be
classified as regular payment discrepancies.  See QCM �
3420.

Texas argued further that since G.S. had 10 days to
report his change in employment status under its PSP, and
since this reporting date fell after the authorization of
payment, that its estimate was accurate at the time of
certification.  Texas reasoned that federal law does not
specify a time period for reporting changes in income,
but allows the state agency to determine the time period.
 See 45 C.F.R. � 206.10(a)(2)(ii).  Accordingly, Texas
asserted that section B-613 of its PSP requires that an
AU report changes in income within 10 days of receipt. 
Moreover, Texas alleged that it is the recipient's
obligation to inform the state agency of any changes in
income within a reasonable period of time after the
change.  See 45 C.F.R. � 233.20.  Since G.S. received his
first paycheck on May 7, 1993, Texas argued that he did
not have to report the change in income until May 17,
1993, which was after the agency's authorization of
initial payment.

Both Texas' 10-day reporting requirement and the timely
reporting requirement of 45 C.F.R. � 233.20 are
irrelevant to the issue here.  According to federal QCM
procedures, in cases involving new AFDC applicants, any
change in circumstance which occurs prior to
authorization of the first assistance payment will result
in regular discrepancies regardless of the QC review
date.  QCM � 3300.  The QCM does not take reporting
deadlines into consideration, but conclusively states
that "[a]n erroneous determination at initial eligibility
which results in an incorrect payment is always
considered a regular payment discrepancy."  Id. 
According to the QCM, ongoing QCM cases must be treated
differently from new cases.  See New Mexico Human
Services Department, DAB No. QC 64 (1994).  In New
Mexico, the Board found that in new cases, all changes in
circumstances affecting income should be accounted for as
they occur, while in ongoing cases, events prospectively
affecting income are to be taken into account only when
they have resulted in a change of income in hand.  Id. at
6.  In regards to new cases, the QCM expressly references
a change in employment status during the month before
authorization as constituting an income-related change in
circumstance.  QCM � 3300; New Mexico at 4.  In the case
of new applicants, the agency has the opportunity to take
preexisting conditions into account in the application
and initial authorization process.  Thus, the agency
should be held accountable for any errors occurring
during such application process.  Indeed, the QCM
provides that "[e]vents occurring prior to authorization
of the initial payment of assistance are not changes in
circumstances for QC purposes."  QCM � 3400.

Finally, Texas also argued that it was unduly burdensome
to require a state agency to recontact applicants before
authorization of initial payment to determine whether any
changes had occurred since their interview.  Such a
practice, alleged Texas, would further delay eligibility
determinations and issuance of benefits.  Moreover, Texas
asserted that the 10-day reporting requirement applies to
both AFDC applicants and recipients; therefore, it would
be unfair to impose a more restrictive reporting
requirement upon AFDC applicants, since neither the
federal regulations nor Texas' PSP support such a
practice.

We conclude, however, that it is not unduly burdensome to
require a state agency to keep abreast of any changes in
an applicant's status up until the date on which payment
is authorized.  By requiring state agencies to ensure
that all initial eligibility determinations are based on
the most current information available at certification,
QC reviewers can ensure that the number of improper
payments and findings of regular payment errors do not
threaten the existence of the AFDC program.  Furthermore,
since future payments are based on an EW's initial
eligibility determination, a reasonable basis supports
more stringent requirements for AFDC applicants than for
AFDC recipients.  As stated above, the QCM provides that
since an agency has the opportunity to act on changes in
status before authorizing initial payment, any events
occurring before initial certification which result in
improper payments must be classified as regular errors. 
See QCM � 3300 and 3420.

Here, Texas failed to inquire about any changes in status
since the eligibility interview, and therefore, the best
estimate of G.S.' income did not reflect the $500 which
he received at his new job, and about which Texas could
have known.  Due to this discrepancy between estimated
and actual income, Texas incorrectly determined that G.S.
was initially eligible for AFDC benefits, and improperly
issued him a $166 check.  Since this erroneous
determination of initial eligibility led to an improper
payment, pursuant to QCM � 3300, Texas' payment to G.S.
was a regular payment error.  See QCM � 3300.

Conclusion

For the reasons discussed above, we conclude that the
discrepancy between G.S.' actual review month income and
his estimated income constituted a regular error. 
Accordingly, we sustain ACF's determination.


                           __________________________
                           Ana-Maria Mackey


                           __________________________
                       Peggy McFadden-Elmore


                           __________________________
                           Leslie Sussan


* * * Footnotes * * *

      1.   We identify the applicant by his initials in
order to protect his privacy.  The Texas QC number is
005078.