New York State Department of Social Services, DAB No. 795 (1986)

DEPARTMENTAL GRANT APPEALS BOARD

Department of Health and Human Services

SUBJECT:  New York State Department of Social Services

Docket No. 86-169
Decision No. 795

DATE: September 30, 1986

DECISION

The New York State Department of Social Services (State) appealed a
decision of the Office of Family Assistance, Family Support
Administration, disallowing $293,941 claimed under Title IV-A of the
Social Security Act (Act). */

The authority given for the disallowance was section 1132 of the Social
Security Act as added by Public Law 96-272, and 45 CFR 95.7, which
require that claims for expenditures made after September 30, 1979 be
filed within two years after the quarter in which the expenditures were
made.  The expenditures were all made after September 30, 1979, and the
claims were all filed more than two years after the quarter in which the
expenditures were made.

The State in its appeal repeated the arguments pertaining to the
applicability of the relevant filing requirements and exceptions which
it had put forward in Board Docket Nos. 83170 and 83-180, decided in New
York State Department of Social Services, Decision No. 521, March 6,
1984.  The State requested the Board to issue a summary decision based
upon our holding in Decision No. 521.  The State submitted no new
argument why Decision No. 521 was wrong.  The Agency stated that it had
no objection to the issuance of a summary decision.

In its acknowledgment of the notice of appeal the Board asked the State
to advise the Board whether the holding in Decision No. 521, which
involved claims for Title XIX expenditures, would apply equally here,
where the expenditure claimed were under Title IV-A.  In its letter
dated September 12, 1986, the State

 

*/  This was part of a larger disallowance totalling $443,184.  The
State chose not to appeal $188, identified by it as "Uncontested Claims"
in its notice of appeal.  The amount of $149,055 was identified "for
argument before the Board," and the appeal of this amount was severed
and given a separate Board Docket Number of 86-172.

        - 2 -

replied that the two year limit provided by statute and regulations
governs claims under Title IV-A of the Act as well as Title XIX, and
specifically admitted:

 The Board's holding as to the interpretation of both the statute
 and regulations is equally applicable to programs under Title
 IV-A and XIX of the Act.

We conclude that the claims here are barred by statutory and regulatory
requirements and sustain the disallowance of $293,941, based on Decision
No. 521, which we incorporate herein.  See also New York State
Department of Social Services, Decision No. 784, September 2, 1986.


 ________________________________ Judith A. Ballard

 ________________________________ Donald F. Garrett

 ________________________________ Alexander G. Teitz Presiding
 Board