Connecticut Department of Social Services, QC No. 77 (1995)

 Department of Health and Human Services

 Departmental Appeals Board

 AFDC QUALITY CONTROL REVIEW PANEL

SUBJECT:  Connecticut    
Department of Social Services
Docket No. A-95-29
Decision No. QC77

DATE:  February 10, 1995

 DECISION

The Connecticut Department of Social Services
(Connecticut) appealed the October 21, 1994 quality
control (QC) review determination of the Regional
Administrator of the Administration for Children and
Families (ACF) that an Aid to Families with Dependent
Children (AFDC) assistance unit received a $40
overpayment during the review month of March 1994 (State
QC Review No. 660617).

The issue in this case is whether the assistance unit
(AU) was eligible for payment of a special needs
allowance authorized by Connecticut's AFDC state plan for
AUs whose rent exceeds one-half their income.  Because
the AU here did not apply for assistance until the
seventh day of the review month, Connecticut prorated its
basic needs payment to the date of the application, as
required by federal law.  Connecticut then compared the
AU's prorated basic needs payment with its monthly rent.
 Because the rent exceeded one-half the AU's prorated
basic needs payment, Connecticut awarded the AU a
prorated special needs allowance.  ACF asserted that
Connecticut should have determined whether the AU
qualified for the special needs allowance based on the
full month's basic needs payment.  ACF determined that
the AU received an overpayment in the amount of the
prorated special needs allowance because the AU's rent
was less than half a full month's basic needs allowance.

For the reasons explained below, we sustain ACF's
determination.

Legal Background

Title IV-A of the Social Security Act (Act) provides for
payments to needy families with dependent children. 
Section 406(b) of the Act defines "aid to families with
dependent children" as money payments with respect to a
dependent child, including payments to meet the needs of
the relative with whom any dependent child is living.

The QC regulations and the ACF QC Manual (QCM) provide
that the basis for judging the correctness of eligibility
and payment determinations is permissible state practice,
defined as written rules and policies that are in
accordance with existing, approved AFDC state plan
provisions.  If permissible state practice is
inconsistent with the state plan, the review is conducted
against the state plan.  QCM �� 3020, 3131; 42 C.F.R.
�� 205.40(b)(12), 205.42(b).

Connecticut's AFDC state plan and its Uniform Policy
Manual both provide for the payment of a $50 special
needs allowance for AUs with excessive housing costs:

 This special needs item is available to
assistance units whose shelter costs are
greater than or equal to fifty percent of the
total of their counted income plus their
payment for basic needs.

Connecticut AFDC Plan, Attachment 2.3A, Page 7(i);
Connecticut Uniform Policy Manual � 4515.60.  ACF
Exhibits (Exs.) 3, 5.  The "payment for basic needs"
referred to in this section is the basic needs standard
minus applied income.  Id.  The basic standard of need is
a level of assistance which varies based on location and
family size.  Since the AU here had no income, it would
be eligible to receive the entire basic standard of need,
prorated as described below.   1/

States that choose to pay AFDC benefits for the month in
which families apply for assistance are required to
prorate such benefits.  Section 402(a)(10)(B) of the Act.
 The AFDC regulations, at 45 C.F.R. � 206.10(a)(6)(D),
require that the assistance payment in the first month of
eligibility for assistance be prorated as follows:

 In AFDC, States that pay for the month of
application must prorate the payment for that
month by multiplying the amount payable if
payment were made for the entire month
including special needs in accordance with    
  � 233.34 by the ratio of the days in the
month including and following the date of
application (or, at State option, the date of
authorization of payment) to the total number
of days in such month.   2/

Connecticut's Uniform Policy Manual incorporates the
federal requirement that payments in the initial month of
eligibility be prorated as follows:

 1. Benefits are prorated when the assistance
unit becomes eligible to receive benefits on
any day after the first day of the month.

 2. Payment is issued for a prorated share of
needs which exist from the initial day of
eligibility through the last day of the
month.

 3. The reduced amount of payment is calculated
by prorating the full amount of benefits
which would have been paid if the unit was
eligible for the entire month.

 * * * *

Connecticut Uniform Policy Manual, � 6020.05(A); ACF Ex.
7.

The procedures implementing � 6020.05(A) provide that the
first step in determining the adjusted amount of benefits
is to "calculate the assistance unit's total benefits as
though they were eligible for the entire payment month."
 Connecticut Uniform Policy Manual, � P-6020.05; Id.

Case Background

The AU consisted of the recipient and her three children;
she applied for assistance on March 7, 1994 and was found
eligible as of that date.  Under Connecticut's AFDC plan,
a family of four with no income residing in the same area
of the state as the AU was entitled to a monthly payment
for basic needs of $683.  The parties agreed that
prorating that amount to the date of the application
yielded a $546 payment for the review month.  Since the
AU's $300 rent for the review month was more than one-
half the prorated $546 payment, Connecticut awarded the
$50 special needs allowance, which it prorated to $40. 
ACF determined that the AU was not entitled to the
special needs allowance since its rent was less than one-
half the full monthly payment of $683, and found that the
AU had thus received a $40 overpayment.

Connecticut argued that ACF erred by looking at the full
month's payment for basic needs to determine if the AU
qualified for the special needs allowance, because the AU
did not receive the full payment in its initial month of
eligibility.  Connecticut stated that it prorated the
AU's assistance payment in accordance with the federal
regulation, and argued that the prorated amount which the
AU actually received should be compared to the AU's rent
to determine if it qualified for the special needs
allowance.  Connecticut asserted that its intention is to
compute eligibility for the special needs allowance on
the basis of actual income only, not AFDC monies which
the AU does not actually receive.

In support of its position, Connecticut provided a
memorandum from a Public Assistance Consultant on its
Family Support Team, dated November 14, 1994: 

 How do you determine the eligibility for the
$50 excess rent payment in the first month of
AFDC eligibility?  Do you compare the prorated
AFDC payment to the rent?  OR do you compare
the full month's benefit, prior to proration,
to the rent?

 Answer:  The actual income received in the
month is used to determine eligibility for the
excess rent special need item.  This means the
prorated income is used, not the full payment
standard.

Analysis

QC review is conducted against permissible state
practice, defined as written rules and policies that are
in accordance with existing, approved AFDC state plan
provisions.  QCM �� 3020, 3131.  Here, Connecticut failed
to show that its award of the prorated special needs
allowance was consistent with its written rules and
policies existing as of the review month.  Accordingly,
we find that Connecticut failed to apply a permissible
state practice, and we sustain ACF's determination.

Connecticut's Uniform Policy Manual states that the
assistance payment in the initial month of eligibility is
determined by prorating "the full amount of benefits
which would have been paid if the unit was eligible for
the entire month."  The procedures portion of the Uniform
Policy Manual then states that the first step in this
process is to "calculate the assistance unit's total
benefits as though they were eligible for the entire
payment month."  Connecticut Uniform Policy Manual,
�� 6020.05(A), P-6020.05.  Thus, to determine payment in
the initial month of eligibility, Connecticut's manual
provisions appear to direct its eligibility worker to
first calculate the "full amount of benefits" that would
have been paid had the AU been eligible for the entire
month.  Here, there is no dispute that if the AU had been
eligible for the entire month, its full amount of
benefits would not have included the special needs
allowance.  Accordingly, under the practice described in
Connecticut's Uniform Policy Manual, the prorated special
needs allowance should not have been part of the AU's
assistance payment for the review month.

Instead of prorating the full amount of benefits the AU
would have received for the entire month, Connecticut
prorated the payment for basic needs only and then
awarded a prorated special needs allowance based on the
reduced basic needs payment.  However, Connecticut's plan
and policy do not support such a two-step proration
process.  Instead, the policy calls for proration to be
applied only once, to the full amount of benefits that
the AU would have received if it had been eligible for
the entire month.  Connecticut did not argue or show that
this "full amount of benefits" should not include
whatever special needs allowance an AU might qualify for
if eligible for an entire month.  Therefore, prorating
the basic needs payment before determining the full
amount of benefits the AU would have received for the
entire month was not in accord with its own state
practice.  QCM � 3131.

Connecticut offered no persuasive evidence or arguments
to rebut this interpretation of its manual provisions. 
Connecticut cited only section 4515.60 of the Uniform
Policy Manual, which describes the special needs
allowance, but never explained how this provision
supported its construction of the budgeting process. 
Connecticut did not address the language in section
6020.05 discussing proration of benefits in the initial
month of eligibility.   3/

Connecticut also provided no relevant evidence (such as
instructions for eligibility workers or benefit
calculation worksheets) showing that its written policy
was to base the special needs allowance on the prorated
basic needs payment in the initial month of eligibility.
Connecticut did not show that the November 14, 1994
memorandum from its Public Assistance Consultant was part
of its written rules and policies, as required for
permissible state practice, as of the March 1994 review
month.  QCM � 3131.  The memorandum also failed to
address the Uniform Policy Manual's proration
instructions.

Even accepting Connecticut's argument that the special
needs determination should be based on the prorated
payment for basic needs, Connecticut failed to address
the apparent requirement in its Uniform Policy Manual
that an AU's rent prior to the date of the application
not be considered in determining an award of assistance.
 The Uniform Policy Manual states that payment is issued
for a prorated share of needs which exist from the
initial day of eligibility through the last day of the
month.  Connecticut Uniform Policy Manual,
� 6020.05(A)(2).  By comparing the AU's $586 prorated
basic needs payment to its $300 rent for the entire
review month, Connecticut was considering needs which
existed prior to the initial day of eligibility.  As ACF
pointed out, prorating the rent as of the date of the
application would have resulted in a prorated shelter
cost of $240, less than one-half the prorated assistance
payment, and too low for the AU to have qualified for the
special needs allowance.
Conclusion

For the reasons discussed above, we sustain ACF's
determination that the assistance unit received an
overpayment for the review month.


                          
 Sara Anderson


                          
 Andrea M. Selzer


                          
 Jeffrey A. Sacks


* * * Footnotes * * *

       1.    In January 1994, Connecticut raised the
basic standard of need and began paying only a percentage
of that standard.  ACF indicated that these changes had
not been fully implemented by the time of the review
month, and that the AU here, which had no income, had
been paid the full basic standard of need under the older
method.  However, since the AU would have received the
same basic needs payment under either method, these
changes are not relevant to our analysis of this case.
       2.    45 C.F.R. � 233.34 addresses budgeting
methods in the initial month of eligibility.  It is not
at issue here.
       3.    Connecticut also did not respond to ACF's
arguments concerning the effect of the federal statutory
requirement that assistance benefits be prorated in the
initial month of eligibility.  Section 402(a)(10)(B) of
the Act.  Since we conclude that Connecticut did not
follow its own written practices, we do not reach the
issue of whether the budgeting process it used in this
case is permissible under federal law.
 

(..continued)