Alabama Department of Human Resources, QC No. 57 (1993)

Department of Health and Human Services

Departmental Appeals Board

QUALITY CONTROL REVIEW PANEL

SUBJECT:  Alabama Department of 
Human Resources
Docket No. A-93-207
Decision No. QC57

DATE:  October 22, 1993

 DECISION

The Alabama Department of Human Resources (State)
appealed the June 30, 1993 quality control (QC)
determination of the Regional Administrator of the
Administration for Children and Families (ACF) in State
QC review number 307094.  The federal QC review found
that the assistance unit (AU) was ineligible for Aid to
Families with Dependent Children (AFDC) in the review
month of June 1992 on the basis that a minor mother of a
dependent child who lives with her own parent is deemed
to have access to that parent's income.  The State argued
that the federal requirement to deem such income
available to the AU was waived as part of an approved
State demonstration project known as "Avenues to Self-
Sufficiency Through Employment and Training Services"
(ASSETS).

For the reasons discussed below, we conclude that this AU
is ineligible for AFDC even under the provisions of the
ASSETS waiver program and, accordingly, we uphold ACF's
determination.

Factual Background and Legal Authority

The AU in this case consisted of a 17-year old mother and
her dependent child who resided in the same household
with the mother's parent (grandmother).  The grandmother
was employed full-time.  The needs and income of the
grandmother were included in the calculation of the
household for Food Stamps purposes, but were not included
in the calculation of the AFDC payment.

The county in which the AU resided was included in the
ASSETS program, which was approved by the Secretary of
the Department of Health and Human Services under Section
1115 of the Social Security Act which allows waivers of
various program requirements to permit states to
experiment with demonstration projects.  The parties
agreed that QC review of cases covered by a demonstration
project waiver, like the present one, is governed by the
eligibility and payment rules of the demonstration
project.  See ACF Brief (Br.) at 2. 

Federal regulations at 45 C.F.R. � 233.20(a)(3)(xviii)
provide that when the parent of a dependent child is
herself a minor, the state "shall count as income to the
assistance unit the income . . . of such minor's own
parent(s) or legal guardian(s) living in the same
household as the minor and dependent child."  Thus, the
state is to "deem" the grandparent's income to be
available to the AU so long as the minor parent and her
child are living in the same household with the
grandparent.

The State contended that the ASSETS program included a
waiver of this deeming requirement.  The ASSETS program
combined Food Stamps and AFDC into a consolidated cash
assistance program and redefined the AU for purposes of
handling the two programs consistently.  The State's
waiver request specified as follows:

 The family unit is based on the current Food Stamp
household concept; it is defined as parent and
spouse, all minor children, including children of
the minor parent unless the minor parent is a
separate Food Stamp household. . . . This policy
treats families living together as one economic
unit, similar to the way the family is treated under
Food Stamp rules.

ACF Exhibit (Ex.) 2, at �E(1)(h)(6) (State waiver
request)(emphasis added). 

The State manual for the ASSETS program similarly
provides that "minor parents and their
children . . . will be treated as separate units [for
AFDC] if separate for [Food Stamps] purposes."  ACF Ex.
3, at � 4-2-3 (Alabama Comprehensive Family Assistance
Manual (CFAM), Revision No. 12, May 1, 1991).  The
criteria for treating the minor parent and children as a
separate unit for Food Stamps purposes are, in relevant
part, as follows:

 Parents and children living together may be a
separate household IF

 *   *   *

   2.  The child has a child(ren) under 18 and
parental control is not exercised over the
child or minor child by another household
member AND

   3.  The members MUST or INTEND to customarily
purchase and prepare separately.

ACF. Ex. 3, at � 4-2-2.3.

The eligibility worker found that the minor mother had
full care and control of the child in this case, but the
record does not reflect any findings as to whether food
in the household was purchased or prepared separately. 
However, the State submitted the following statement,
dated June 30, 1993, from the minor mother:  "I cook and
eat separately from my mother."  State Reply Br.,
unnumbered attachment 5.  As mentioned above, the
grandmother was included in the unit for Food Stamp
purposes, but not for AFDC purposes.

Analysis

The State argued that the grandmother was not eligible
for inclusion in the AU because the State manual
"contains no provisions for including a non-caretaker
senior parent in the same AFDC unit with the minor parent
and the child."  Notice of Appeal at 2.  The State
contended that the AFDC unit was thus correctly
configured and the only error was the failure to remove
the grandmother from the Food Stamp unit.   1/

ACF argued that, under the ASSETS program, the
configuration of the AFDC unit depended on the
configuration of the Food Stamps unit, since the State
CFAM provided that the minor parent and child could be a
separate AFDC unit only if they were a separate unit for
Food Stamps purposes.  ACF Br. at 3.  Since it is
undisputed that the grandmother was included in the Food
Stamps unit, the minor mother and child could not
constitute a separate unit for AFDC purposes.  ACF
further contended that the requirement in the federal
regulations for deeming the grandmother's income
available to the assistance unit was not waived under the
ASSETS project waiver, because the waiver provisions
expressly treat the household as a single economic unit
unless the minor parent is treated as a separate Food
Stamps unit.

We agree with ACF that the State has not established that
the ASSETS program provides a basis for waiving the
deeming requirements of 45 C.F.R. � 233.20(a)(3) where a
minor parent and her parent are part of the same Food
Stamps unit.

The State manual does permit a minor parent to form a
separate household when parental control is not exercised
over the minor parent or the child and the household
members customarily purchase and prepare their food
separately.  Here, the State submitted some evidence of
separate food preparation.  State Reply Br., unnumbered
attachment 5.  The statement on which the State relied
for this purpose is inadequate because no reference was
made to separate purchasing of food.  In addition, the
statement is in the present tense and dated June 30,
1993, so it is not clear whether the minor parent was
also claiming that she prepared food separately as of the
review month a year earlier.  Most importantly, however,
even if the statement established that the minor parent
and the grandmother purchased and prepared food
separately as of the review month, that would only
establish that the State could permissibly have treated
them as separate Food Stamps households.  Section 4-2-2.1
of the CFAM allowed, but did not require, that separate
units be established if separate food purchasing and
preparation were demonstrated.

The CFAM provision on AFDC unit composition at section
4-2-3 provided for establishing a separate AFDC unit only
if the minor parent and the grandmother were separate
units for Food Stamps purposes.  It is not sufficient to
satisfy this provision if they were not separate units
for Food Stamps purposes but might have been.   2/  We
therefore conclude that the minor parent and child here
could not properly be treated as a separate AFDC unit.

The State treated the issue in this case as whether the
grandmother was erroneously excluded from the AFDC unit.
 The State contended that no state or federal provision
required including her and that she never applied for
AFDC.  State Reply Br. at 2.  However, the issue is not
whether the grandmother was required to be included in
the AFDC unit, but whether her income and resources were
required to be considered in determining the amount of
the AFDC payment.  For that purpose, the State's request
to waive the deeming requirements of federal law (which
would have included the grandmother's income and
resources under the circumstances here) specifically
stated that the ASSETS program would treat the family as
"one economic unit."  ACF Ex. 2, at 29.  The only
relevant exception is "if the minor parent is a separate
Food Stamp household," which was not the case here.  Id.
 Thus, whether or not the grandmother applied for AFDC,
she was part of the economic unit for determining the
amount of the AFDC payment under the ASSETS program.

 

Conclusion

For the reasons explained above, we sustain ACF's
determination that the assistance unit was ineligible in
the review month.


     ___________________________
     Peggy McFadden-Elmore


     ___________________________
     Leslie Weyn


     ___________________________
     Leslie A. Sussan


* * * Footnotes * * *

      1.  The State asserted that the initial Regional
Office difference notification relied only on the
violation of the federal regulatory deeming requirement,
while the reconsideration decision addressed the ASSETS
program waivers and concluded that the Food Stamp
household could not be reconfigured in retrospect to
exclude the grandmother's income from the AFDC unit.  The
State argued that ACF should not be permitted to sustain
its finding of a QC error on a basis not given in the
initial decision.  Notice of Appeal at 3.  While the
analysis underlying ACF's conclusion was clearer in the
reconsideration decision, the initial notification
referred to the ASSETS program and gave ample notice of
the basis of the difference.  We therefore do not agree
with the State that ACF changed the reason for its
difference finding.
      2.  The State submitted a revised version of section
4-2-3 of the CFAM (effective date November 1, 1992) with
its reply brief which stated that the "minor parent may
be considered the head of the AFDC unit only if the minor
parent is or could be in her own [Food Stamps]
unit . . . except that she purchases and prepares food
with other household members."  We need not consider
whether the change in the language of section 4-2-3 would
alter the result in this case, because the State agreed
that the May 1, 1991 revision quoted in the text was in
effect during the review month.  Letter from Joel
Sanders, Director, Public Assistance Division of Alabama
Department of Human Resources, dated October 18, 1993. 
The State suggested in a telephone conference in this
case, held on October 15, 1993, that the revised language
was simply intended as a clarification of the existing
policy.  However, the transmittal for the November 1,
1992 revision stated that this "clarification may be
different from that provided in previous interpretations
or training."  Letter from Joel Sanders, Attachment 1. 
For QC purposes, we must measure the correctness of the
payment in this case by the rules in effect at the review
month, not by later, different interpretations of policy
which could not have been available at the time.