New York State Department of Social Services, DAB No. 913 (1987)

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

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