DEPARTMENTAL GRANT APPEALS BOARD
Department of Health and Human Services
SUBJECT: New York State Department of Social Services
Docket No. 87-166
Decision No. 913
DATE: October 23, 1987
DECISION
The New York State Department of Social Services (State) appealed
the
disallowance by the Family Support Administration (FSA) of $7,314
(out
of a total disallowance of $1,598,125) in federal
financial
participation claimed by the State under Title IV-A (Aid to
Families
with Dependent Children) of the Social Security Act (Act).
FSA based the disallowance on section 1132 of the Act, 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. FSA also stated in the disallowance letter that
none of the
exceptions in 45 CFR 95.19 were applicable.
The expenditures claimed by the State were all made in the period
from
January 1, 1984 to December 31, 1984. The claims in question were
not
filed until March 3, 1987.
The State requested the Board to issue a summary decision based upon
our
holding in New York State Department of Social Services, Decision
No.
521, March 6, 1984. 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, and which the Board
had
rejected in Decision No. 521.
This appeal does not present any material issues of fact which
distinguish
it from Board Docket Nos. 83-170 and 83-180. The State
submitted no new
argument why Decision No. 521 was wrong. FSA stated
that it had no
objection to the issuance of a summary decision.
We conclude that the claims here are barred by statutory and
regulatory
requirements, and we sustain the disallowance of $7,314, based
on
Decision No. 521, which we incorporate herein.
________________________________ Norval D. (John) Settle
________________________________ Charles E. Stratton
________________________________ Alexander G. Teitz
Presiding
Board