GAB Decision 478
August 20, 1986 New York State Department of Social Services; Docket
No. 86-143 Ballard, Judith A.; Garrett, Judith A. Teitz, Alexander G.
(1) The New York State Department of Social Services (State) appealed
the disallowance by the Administration for Children, Youth and Families,
Office of Human Development Services, of $9,434 in federal financial
participation (FFP) claimed by the State under the Foster Care program,
Title IV-E of the Social Security Act. The amount disallowed
represented increasing adjustments of FFP, claimed on the State's
Quarterly Statement of Expenditures dated March 6, 1986.
The amount in dispute was claimed for expenditures incurred in quarters
beginning April 1, 1982 and ending September 30, 1983. The disallowance
stated that claims for fiscal year 1980 and after had to be filed within
two years after the calendar quarter in which the State made the
expenditures, as required by section 1132 of the Social Security Act and
45 CFR 95.7, and that the claims disallowed had not been filed within
that time.
The State repeated the arguments pertaining to the applicability of the
relevant filing requirements which it had put forward in Board Docket
Nos. 83-170 and 83-180, decided in New York State Department of Social
Services, Decision No. 521, March 6, 1984. The State admitted that this
appeal does not present any material issues of fact which distinguish it
from Board Docket Nos. 83-170 and 83-180, and 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.
We conclude that the claim disallowed here is barred by statutory and
regulatory filing requirements and sustain the disallowance of $9,434
based on Decision No. 521, which we incorporate herein.
APRIL 25, 1987