GAB Decision 146
January 29, 1981 New Jersey Department of Human Services; Docket No.
81-3-NJ-CS Ford, Cecilia; Teitz, Alexander Settle, Norval
The State appealed by letter dated December 31, 1980 from the
November 24, 1980 determination of the Regional Representative, Region
II, Office of Child Support Enforcement, disallowing Federal financial
participation claimed 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, claimed for the quarter ended December 31, 1979, were
disallowed on the ground that the State did not comply with the
requirement in Section 454(6)(A) of the Act that services be provided to
non-AFDC recipients only "upon application filed by such individuals
with the State. . . ."
The same issue was presented in several appeals filed by the State
involving prior quarters. On November 23, 1980, the Boad ruled on those
appeals, concluding 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 under Section 454(6)(A). New Jersey Department of
Human Services, DGAB Docket Nos. 80-43-NJ-CS, 80-48-NJ-CS, 80-56-NJ-CS,
Decision No. 135.
On January 12, 1980, the Board Chair issued an Order to Show Cause in
the instant case. The Order stated that the State's application for
review "does not show any basis for a different conclusion in the
instant case" than in Decision No. 135, and directed the State to show
cause why the appeal should not be denied based on that decision. The
State's response, dated January 21, 1981, states only that the State
relies on the briefs which it filed in the prior proceedings before this
Board.
Accordingly, for the reasons set forth in Decision No. 135,