GAB Decision 216
September 28, 1981 New Jersey Department of Human Services; Docket No.
81-146-NJ-CS Ford, Cecilia; Teitz, Alexander Settle, Norval
In an application for review dated September 2, 1981, the State
requested review by the Board of a determination of the Regional
Representative, Region II, Office of Child Support Enforcement, dated
August 3, 1981, disallowing Federal financial participation in the
amount of $60,318 claimed for the quarter ended September 30, 1980 under
Title IV-D of the Social Security Act (Act) for the provision of child
support enforcement services to persons not eligible for the Aid to
Families with Dependent Children (AFDC) program. The costs in question
were disallowed on the ground that the State did not comply with the
requirement in Section 454(6)(A) of the Act that services by provided to
non-AFDC recipients only "upon application filed by such individuals
with the State . . . . " This issue was presented in several appeals
previously filed by the State with the Board. New Jersey Department of
Human Services, Decision No. 135, November 28, 1980; Decision No. 146,
January 29, 1981; Decision No. 153, February 27, 1981; Decision No.
195, June 30, 1981; and Decision No. 199, July 31, 1981. The State in
the instant appeal relies on the brief submitted by it in the
proceedings in Decision No. 135 and requests an expedited decision in
the appeal.
The conclusion of the Board in Decision No. 135, which was reaffirmed
in the other decisions cited above, was that the State's failure to
obtain new applications from non-AFDC recipients who had previously
applied for and received services under a wholly State-funded program
was an appropriate ground for disallowance. No material facts are in
dispute. Accordingly, based on the Board's prior decisions cited above,
we sustain the disallowance in full.
OCTOBER 22, 1983