Nebraska Department of Social Services, QC No. 33 (1992)

Department of Health and Human Services

Departmental Appeals Board

AFDC QUALITY CONTROL REVIEW PANEL

SUBJECT:  Nebraska Department    
of Social Services
Docket No. A-92-248

DATE:  December 7, 1992

DECISION

The Nebraska Department of Social Services (Nebraska)
appealed the August 10, 1992 quality control (QC) review
determination of the Regional Administrator of the
Administration for Children and Families (ACF).  Nebraska
QC review concluded that M.G. properly received an Aid to
Families with Dependent Children (AFDC) grant of $435.* 
ACF disagreed, finding that M.G. was totally ineligible
for AFDC assistance due to the receipt of a Worker's
Compensation lump sum payment.

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

Factual Background

The assistance unit (AU) for the AFDC grant as of the
review date of March 1, 1992 consisted of M.G., who was
pregnant, and her two children.  The Nebraska standard of
need for four persons is $435.  In December 1991, M.G.
received a Worker's Compensation settlement of $2,666.67,
due to a work-related injury.  Nebraska QC review found
that the case was correctly paid $435 in the review month
because, in its view, the case file demonstrated that the
lump sum was no longer available to the family as of that
time.

Federal QC review disagreed that any portion of the lump
sum was unavailable for reasons beyond the control of the
family.  Accordingly, federal QC calculated that the AU
was totally ineligible for AFDC assistance from December,
1991 through May, 1992, with the remaining portion of the
lump sum to be included in the AU's income for June,
1992.

Nebraska requested that ACF reconsider the conclusion
reached by federal QC.  In a letter dated July 24, 1992,
Nebraska argued that the following expenditures were
properly treated by State QC as being beyond the control
of the family:

  $810.00 Payment of Car
  $168.55 License/insurance
  $ 33.88 Comforter
  $ 41.16 Coffee maker/shoes
  $200.00 Couch and chair
  $ 35.00 Coat
  $ 40.00 Dresses
  $ 14.00 Shoes
  $  3.00 Belt
  $  4.00 Socks
  $ 50.00 Clothes (M.G.)
  $ 30.00 Clothes (children)
  $ 90.00  Rent increase
  $111.74 Bicycles (2)
  $ 38.47 Watch
  $ 33.45 Curtains
    $1,703.25 Total

On reconsideration, ACF sustained the federal QC finding
of ineligibility. 

In its appeal request to this Panel, Nebraska asserted
that the local agency file documented the following
expenditures, which it contended should be deducted from
the lump sum amount to calculate the period of
ineligibility for M.G.:

  $810.00 Purchase of car
  $168.55 License/car insurance
  $141.00  Rent for December 1991, January and
    February, 1992
  $267.69 Utilities for December 1991,
    January and February, 1992
  $353.75 Clothing for M.G. and children
    $1,740.98 Total

Nebraska did not explain the difference between the
calculation it provided to ACF and the one it presented
here.  However, this discrepancy is immaterial, as we
conclude that the expenditures described in either
calculation were not beyond the control of the family and
thus cannot be used to reduce the A.U.'s period of
ineligibility.

Relevant Legal Authority

In Nebraska Dept. of Human Resources, DAB QC23 (1992),
this Panel sustained ACF's conclusion that an AU was
ineligible for an AFDC grant under circumstances that
closely parallel those of M.G.  That decision interpreted
the relevant provisions of the Social Security Act (Act),
regulations, Quality Control Manual (QCM), and the
Nebraska State Plan to permit the period of ineligibility
due to the receipt of a lump sum payment to be
recalculated only under limited circumstances.

Specifically, Section 402(a)(17) of the Act, section 3551
of the QCM, and Attachment 2.3-G of the Nebraska State
Plan all contemplate that the period of ineligibility may
be recalculated if the lump sum becomes unavailable to
the family for reasons beyond the family's control.  The
relevant portion of the QCM states that occurrences such
as loss or theft of the income, or a life-threatening
circumstance would satisfy the definition of "beyond the
family's control."  The Nebraska State Plan specifies
that the following circumstances are considered "beyond
the control of the family":

 Expenditures made which are necessary for the well
being of the family such as necessary repairs to a
home; severe heating or cooling bills; payments to
prevent eviction; costs associated with fire, flood,
or natural disaster, etc; theft or loss; the person
controlling the lump sum no longer resides with the
family; funeral and burial expenses; payments made
on medical services for the former eligible group or
their dependents even though incurred before the
period of ineligibility, etc.

Nebraska State Plan, Attachment 2.3-G at 2.

The Nebraska Department of Social Services Manual repeats
the provisions of the State Plan, but provides further:
"Expenditures for such things as household goods,
vehicles, or payment of secured or unsecured debts are
acceptable reasons to recalculate [the period of
ineligibility]."  Nebraska Dept. of Social Services
Manual, section 2-009.05F.

Analysis

Nebraska argued that its State Plan and State Manual
support its determination that the expenditures listed
above were incurred for reasons beyond the control of the
family and thus could properly be deducted from the lump
sum in calculating the period of ineligibility for M.G.'s
family.  Based on the deductions allowed by Nebraska, the
State calculated that the AU was ineligible for AFDC
assistance for the months of December 1991, January and
February, 1992.  According to Nebraska's calculation,
there was no income remaining to be applied to the March,
1992 review month.  Therefore, the AU was properly paid
the full grant amount of $435.

Nebraska raised essentially the same arguments in this
proceeding as it presented to the Panel in its earlier
unsuccessful appeal of this issue.  In summary, Nebraska
argued that the specific circumstances listed as beyond
the control of the family in its State Plan did not
represent an exhaustive list.  Rather, the State argued,
the State Plan permits caseworkers and State QC to
determine, on an item by item basis, whether an
expenditure is beyond the control of the family, but is
nevertheless necessary to the well-being of the family. 
As was fully explained in our earlier decision, we do not
agree with Nebraska's broad interpretation of its State
Plan regarding expenditures which are beyond the control
of the family.

As it did in the previous case, Nebraska contended that
M.G.'s payment of rent was deductible because it was a
payment to prevent eviction.  Nebraska also asserted, but
did not document, that utility payments were deductible
due to severe weather.  For the reasons articulated in
our previous decision, these expenditures were not the
type of extraordinary expenses contemplated by section
402(a)(17) of the Act or by the State Plan.  For this
reason, we conclude that Nebraska's State Plan does not
support recalculation of M.G.'s ineligibility based on
these expenditures.

In the present case, Nebraska additionally contended that
section 2-009.05F of its State Manual authorized
recalculation of M.G.'s period of ineligibility.  The
applicability of the State Manual was not an issue in our
earlier decision.  See DAB QC23, at 4 n.2.  Here,
Nebraska argued that the State Manual authorized the
deduction of expenditures for the purchase of a car and
for clothing for M.G. and her family from her lump sum
award.  However, to the extent that the State Manual
authorizes recalculation of an AU's period of
ineligibility after receipt of a lump sum based on
expenditures for discretionary or basic need items, we
conclude the provision is inconsistent with the State
Plan and therefore does not represent a permissible State
practice.  See QCM, section 3130.

In its letter sustaining the federal QC finding of
ineligibility, ACF concluded that section 2-009.05F of
the State Manual was not in conformity with the State
Plan.  As noted above, the State Manual permits
recalculation of the period of ineligibility based on
expenditures for household goods, vehicles, and repayment
of secured or unsecured debts.  ACF stated that the State
Manual provision impermissibly expanded the State Plan
definition of expenditures which are beyond the control
of the family by permitting deductions from the lump sum
for items that are clearly within the family's control.

We agree.  The language of section 402(a)(17) of the Act
permits recalculation of the period of ineligibility only
in the rare instances where a lump sum has become
unavailable to a family due to extraordinary
circumstances beyond the family's control.  DAB QC23, at
5.  At a minimum, this means that some external factor,
over which the family had no control, necessitated the
expenditure of lump sum funds.  Events described in the
State Plan, such as damage to the family home requiring
repairs; severe heating or cooling bills (presumably
occasioned by unusual weather conditions); payments to
prevent eviction; costs associated with fire, flood, or
natural disaster; theft or loss; or funeral and burial
expenses, all meet this definition.

By contrast, the purchase of a vehicle, while it may be
beneficial to the family, is an expenditure over which
the family has control.  The family chooses whether and
when to purchase a vehicle.  Therefore, the provision of
the State Manual permitting recalculation of the period
of ineligibility due to purchase of a vehicle is
inconsistent with the State Plan.  The State may not rely
on that provision to justify deducting from M.G.'s lump
sum income the amount she spent to purchase a car.

The State Manual also permits recalculation of the period
of ineligibility due to expenditures for household goods.
 However, Nebraska uses a consolidated need standard,
which includes such items as clothing, furniture, and
appliances, in determining AFDC eligibility.  Thus, the
family's need to purchase clothing, furniture, and
appliances is factored into the AFDC grant amount. 
Therefore, purchase of such items cannot be considered an
extraordinary circumstance beyond the family's control. 
Accordingly, the State Manual provision permitting
expenditures for household goods to be deducted from 
lump sum income is inconsistent with the State Plan and
Nebraska may not rely on that provision to justify
deducting from M.G.'s lump sum the amount she spent on
clothing.

Conclusion

For the foregoing reasons, we conclude that the
expenditures made by the AU were not deductible from the
lump sum payment so as to shorten the AU's period of
ineligibility.  Therefore, we sustain ACF's finding that
the AU was totally ineligible for AFDC assistance from
December, 1991 to May, 1992.

 

    _____________________________
    Andrea M. Selzer

 

    _____________________________
    Maxine Winerman

 

    _____________________________
    Leslie A. Weyn


* * * Footnotes * * *

     *  We identify the recipient by her initials in
order to protect her privacy.  The State quality control
review number is 39695 (N-082).
 

(..continued)