Department of Health and Human Services
DEPARTMENTAL APPEALS BOARD
Appellate Division
SUBJECT: New York State Department of Social Services
DATE: July 30, 1991
Docket No. 91-68
Decision No. 1268
DECISION
The New York State Department of Social Services (State) appealed
a
decision of the Office of Child Support Enforcement (Agency)
disallowing
$4,466,861 in claims for federal financial participation under
Title
IV-D of the Social Security Act. The disallowed amount represents
the
federal share of interest earned on child support collections
from
October, 1982 through December, 1989.
The State referred to its arguments in New York State Department of
Social
Services, DAB No. 794 (1986), and requested that the Board issue
a summary
decision based on its holding in that decision. Counsel for
the Agency
did not object.
We therefore sustain the disallowance of $4,466,861 based on DAB No.
794,
which we incorporate here. 1/ Pursuant to that holding, the State
shall
have the opportunity to show that interest ceased to be earned on
child
support collections at an earlier date than that determined by the
Agency,
and that a lesser amount of interest was actually earned.
Accordingly, the
State will have 30 days (or such longer period as the
Agency determines
appropriate) from receipt of this decision to submit
to .the Agency
information justifying an earlier date. If the State
disputes the
Agency's further determination, it may return to the Board
for limited review
of this issue within 30 days after receiving the
determination.
Judith A. Ballard
Alexander G. Teitz
Norval D. (John) Settle Presiding Board
Member. 1. We
consider the rationale in DAB No. 794 to be a
sufficient basis for
upholding the disallowance here. We note, however,
that the Agency
regulation at 45 C.F.R. 304.50 (which specifically refers to
interest
income, but which was not in effect during the period at issue in
DAB
No. 794) provides further support for the disallowance here. See
DAB
No. 794, n.