Arkansas Department of Human Services, QC No. 88 (1995)

Department of Health and Human Services

Departmental Appeals Board

QUALITY CONTROL REVIEW PANEL

SUBJECT:  Arkansas Department    
of Human Services
Docket No. A-95-176
Decision No. QC88

DATE:  October 18, 1995

DECISION

The Arkansas Department of Human Services (Arkansas)
appealed a June 12, 1995 quality control (QC)
determination by the Assistant Regional Administrator of
the Administration for Children and Families (ACF) in
State QC number 110993 (Federal QC number 263).  The
Assistant Regional Administrator sustained the federal QC
review finding that, during the review month (RM) of
September 1994, the assistance unit (AU) was overpaid
$235 in Aid to Families with Dependent Children (AFDC)
and that the error was a regular error rather than a
Payment Adjustment Lag (PAL) error.

For the reasons discussed below, we find that the payment
discrepancy in this case was a regular error and we
sustain ACF's determination.

Facts

The AU in this case consisted of the client and her three
children.  An AFDC payment of $247 was paid to the client
during the review month of September 1994.  This amount
represented the payment standard in Arkansas for four
people with no countable income.

The case was prospectively budgeted based on a best
estimate which the local agency made on May 10, 1994. 
That estimate was based on zero income because the AU had
no earned or unearned income.  Both Arkansas and ACF
agree that the May 1994 best estimate was accurate at the
time it was made.

In the course of the quality control review it was
learned that the client began working (Job 1) in late May
and received her first paycheck on June 1, 1994.  The
client quit Job 1 in July 1994 and received her last
paycheck of $62.79 from Job 1 on August 3, 1994.  The
client was then unemployed until September 21, 1994 when
she began working at Job 2.  She received her first
paycheck of $324.57 from Job 2 on September 30, 1994.

Relevant Authority

Title IV, Part A of the Social Security Act (Act)
establishes the AFDC program to provide assistance to
certain needy children and their caretakers.  Under
section 408(a) of the Act, the Secretary of the
Department of Health and Human Services must establish a
quality control system to determine the amount of
erroneous AFDC payments made by each state.  Under this
system, states review a sample of AFDC payments made
during the review period in order to determine the level
of erroneous payments.  The Act then provides for federal
QC re-review of a subsample of the cases reviewed by the
state.  Pursuant to this statutory mandate, the Secretary
has issued regulations for the operation of the federal
and state AFDC QC systems.  45 C.F.R. �� 205.40 through
205.43.  Those regulations provide that a state agency
must operate its QC system in accordance with the
applicable regulations and the policies and procedures
prescribed in the Quality Control Manual (QCM) issued by
the Department.  45 C.F.R. � 205.40(d)(1).

States use prospective budgeting to determine eligibility
for AFDC and have the option of using that method to
determine the amount of AFDC assistance payments.  42
C.F.R. � 233.31.  Under prospective budgeting, the local
AFDC agency computes the amount of assistance for future
months based on the agency's best estimate of income and
circumstances which will exist in those months.  45
C.F.R. � 233.31(b)(1); QCM � 3420 at IV-6.  This estimate
is based on the agency's reasonable expectation and
knowledge of current, past, or future circumstances. 
Monthly assistance payments thereafter are based on this
estimate unless there is a change in the AU's
circumstances or the estimate is recalculated.

A change in circumstances means a change occurring after
the date of authorization of the initial payment which
may affect the AU's eligibility or payment amount.  45
C.F.R. � 205.42(d)(1).  Examples of income-related
changes in circumstances are changes in employment status
such as the beginning or ending of a job or going from
part-time to full-time employment.  QCM � 3300 at III-1.
 When a change in circumstances occurs, the best estimate
must be recalculated.  QCM � 3420 B. at IV-9.

An error resulting from a change in circumstance is
classified as either a regular discrepancy, which counts
towards the state's error rate, or a PAL discrepancy,
which is not counted in the state's error rate.  QCM �
3300 at III-1.  (The purpose of the PAL concept is to
account for "advance notice requirements or system
limitations" which may prevent timely corrections to
payment amounts when changes in circumstances occur.  QCM
� 3300 at III-2.)  A PAL discrepancy is an error caused
by a change in circumstance which occurred in the review
month or the month immediately preceding the review
month.  45 C.F.R. � 205.42(d)(1); QCM � 3300 at III-1.  A
regular payment discrepancy occurs when the change in
circumstance occurred before the month immediately
preceding the review month.  Id.

Arkansas's Position

Arkansas contended that the discrepancy resulting from
the client's wages from her second job should be
considered a PAL discrepancy and, therefore, should not
be included in a determination of Arkansas's error rate.
 Arkansas Notice of Appeal at 4.

Arkansas based its argument on a portion of section 3300
of the QCM in effect prior to July 1994 which provided:

 In ongoing cases involving income, the change in
circumstance is the date income first differs from
the income amount which the local agency used to
compute the review month's payment.  This assumes
that the local agency budgeted incorrect income and
continued to budget the incorrect income through the
review month.  If the agency budgeted the correct
income at any point prior to the review month, the
reviewer determines if a change occurred from that
point forward to determine if any discrepancy is PAL
or regular.

QCM � 3300 at III-5 (October 1992).

Arkansas also cited the language in the QCM in section
3300 at page III-4 which provides that, where there are
multiple changes in circumstances, it is the date of the
first change that determines whether the error is PAL or
regular because ". . . any additional deviation(s) in the
same eligibility/payment factor do not negate the
fundamental issue - that . . . the factor . . . has been
consistently in error since the date of initial onset." 
Arkansas disputed that the earned income payment factor
in this case had been "consistently in error."  Arkansas
pointed out that the AU's budget for August had zero
income to include because the $62.79 the client earned
was "zeroed out" by the $90 disregard.   1/  Therefore,
Arkansas asserted that its payment to the client in
August was correct.  Since the August payment was
correct, Arkansas contended that the September employment
must be considered an independent change in circumstances
which occurred in the PAL period and which is not linked
to the May change in circumstances involving Job 1.

Arkansas objected to ACF's conclusion that "beginning
with June, 1994 the client had been earning income
continuously."  Arkansas argued that the client earned
income from May until late July when she stopped working
and that the receipt of the last paycheck for Job 1 in
August was "not relevant to whether or not she was
earning income."  Arkansas Notice of Appeal at 2.

Analysis

For the following reasons, we sustain the Assistant
Regional Administrator's determination.

When a prospectively budgeted case is pulled for QC
review, the reviewer must determine whether the local
agency's best estimate was accurate at the time it was
made.  QCM � 3420 at IV-7; � 3420 A. at IV-8.  The
reviewer must also determine whether there have been any
changes in circumstances since the best estimate was made
but which were not acted upon by the local agency.  QCM �
3420 B. at IV-8 - IV-14.  If there was a change in
circumstance, the reviewer must use actual review month
income to determine the amount of any error.  QCM � 3420
B. at IV-9, IV-11; � 3420 C. at IV-16, IV-19.

In this case the May 1994 best estimate was accurate at
the time it was made but there were multiple changes in
circumstances subsequent to the best estimate. 
Therefore, the error determination is based on the
client's actual earned income of $324.57 during the
review month of September 1994.  This amount of earned
income resulted in an overpayment error of $235.

In the QC review process, after the amount of an error is
determined, the error must be classified as regular or
PAL.  Where the original estimate was accurate but there
have been multiple changes in circumstances in the same
payment factor, the general rule is that the timing of
the initial change will determine whether that error is
classified as PAL or regular.  QCM � 3300 at III-4.  This
is because the subsequent changes in the payment factor
"do not negate the fundamental issue - that particular
eligibility/payment factor applicable to the individual
has been consistently in error since the date of initial
onset."  Id.  Under this general rule, the error in this
case would be regular because the initial change occurred
in May when the client first became employed, three
months prior to the PAL period.

While this is the general rule for classifying change in
circumstance errors occurring after an accurate best
estimate, the QCM provides an exception for cases in
which the payment factor at issue has not been
consistently in error throughout the multiple changes in
circumstances.   2/  That exception is described as
follows:

 If at any point prior to the RM, the income
circumstances become the same as those the agency
used to determine the RM's payment, determine if a
change occurred from that point forward to determine
if any discrepancy is PAL or regular.

Under this exception, the link between the initial change
in circumstances and a subsequent change in circumstances
can be broken if the payment factor at issue has not been
consistently in error because the "income circumstances
[became] the same as those the agency used to determine
the RM's payment," i.e., in this case, the same as the
May 1994 best estimate.  QCM � 3300 at III-4.

The QCM offers examples to illustrate the scope of this
exception.  Example 4 is relevant to this case:

 o In example 4, the local agency prospectively
budgeted no income pursuant to a best estimate
made in June.  In fact, the client had been
working since June at Job 1.  She quit Job 1 and
received her last check in August.  She did not
work or receive earnings in September.  She
started Job 2 in October and worked through the
review month, November.  The error is PAL. 

 o The text of the example goes on to explain that,
had Job 1 ended in September and had the mother
received the last check in September, the income
error would have been regular because the mother
"has been employed and receiving unreported wages
continuously since June, whether those wages came
form Job 1 or Job 2."  Consequently, the agency's
estimate of income had been in error due to
earnings since the last redetermination.

QCM � 3300 at III-6 - III-7.

Therefore, in this case, we must determine whether the
fact that, during August, the client was unemployed and
received a $62.79 paycheck means that her "income
circumstances" became the same as those used by the local
agency in its May 1994 best estimate (no earned income).
 If the client's income circumstances in August matched
the best estimate circumstances, then the general rule
that the date of the first change determines the PAL/
regular classification does not apply in this case.

As background to considering this question, we note that
the PAL error tolerance was established by ACF in the
regulations promulgated at 45 C.F.R. � 205.42(d)(1)
rather than by section 408 of the Act.  Its purpose is to
prevent states from incurring change in circumstance
errors which might not have been preventable because of
"advance notice requirements or system limitations."  QCM
� 3300 at III-2.  However, the PAL exception operates
regardless of whether or not a state knew of the change
in circumstances which caused the error.  It therefore
assumes knowledge of a change even when there was none
and affords states protection in cases in which they were
actually unaware of a change until the QC process was
complete.  Given that the PAL error tolerance was created
by ACF rather than the Act and protects states from
errors even in cases in which their routine payments
systems had not detected changes in income circumstances,
we conclude it is appropriate to classify errors as PAL
only if they clearly meet the standards set forth in the
regulations and QCM. 

Based on the language in QCM � 3300 which allows some
errors to be classified as PAL even though the initial
change occurred prior to the PAL period, we conclude that
ACF properly determined that this case involves a regular
error.  In this case, the "income circumstances" of this
client did not become "the same as those the agency used
to determine the RM's payment."  Arkansas used a best
estimate of zero earned income while the client had
earned income during every month since the best estimate
was calculated.  While Arkansas asserted that the
client's last paycheck from Job 1 in August was "not
relevant to whether or not she was earning income," we do
not understand why it was not.  The critical factor in
budgeting earned income is normally when the income is
received.  QCM � 3551 at V-109.  Therefore, the fact that
the client received a paycheck in August means that she
had earned income in August.

Arkansas argued that the earnings the client had in
August were "zeroed out" by the $90 earned-income
disregard.  While this is true, it does not result in
Arkansas's conclusion that the client's "income
circumstances [became] the same as those the agency used
to determine the RM's payment."  As example 4
demonstrates, the critical element is whether the client
had earned income, not the particular amount of the
income.

Requiring the "income circumstances" to actually
correspond with those used as the basis of the estimate
does not unfairly impose errors on states.  For example,
in this case, Arkansas made payments to the client for
June, July, August and September based on an estimate of
zero income.  Although Arkansas protests that the client
was unemployed for over eight weeks, the fact is that the
client had sufficient income to be overpaid in three out
of the four months since the best estimate.  Equating
earnings consumed by disregards to "zero earned income"
would expand the exception created by section 3300 of the
QCM to include a range of cases in which states had
consistently failed to ascertain, over several months,
clients' unreported unearned income and had consistently
overpaid them.


Conclusion

For the reasons discussed above, we sustain ACF's
determination that the assistance unit was overpaid $235
in the review month and that this payment discrepancy is
a regular error.


 _____________________________
 Thomas D. Horvath


 _____________________________
 Andrea M. Selzer


 _____________________________
 Sara Anderson


* * * Footnotes * * *

       1.    In AFDC, earned income is subject to certain
disregards.  See 45 C.F.R. � 233.20(a)(11).  These
disregards are subtracted from earned income in
determining an AU's eligibility and in calculating its
assistance payment.
       2.    Arkansas clearly tried to apply this
exception to the facts of this case.  However, Arkansas
cited a version of section 3300 which was in effect prior
to the July 15, 1994 amendments to the QCM.  In this
decision, we use the text of section 3300 and 3400 of the
QCM issued in the July 15, 1994 action transmittal.  This
is the version of the QCM which was effect in September
1994, the review month.
 

(..continued)