DEPARTMENTAL GRANT APPEALS BOARD
Department of Health and Human Services
SUBJECT: New York State Department of Social Services
Docket No. 86-181
Decision No. 800
DATE: October 29, 1986
DECISION
The New York State Department of Social Services (State) appealed
a
decision of the Office of Family Assistance, Family
Support
Administration (Agency), disallowing $95,238 claimed under Title IV-A
of
the Social Security Act (Act). */
The Agency relied for 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. The disallowance letter also referred to 45
CFR 95.13,
setting the time when an expenditure is considered to have
been made both for
assistance payments and administration or training.
The expenditures claimed by the State were all made after September
30,
1979, and the claims were all filed more than two years after
the
quarter in which the expenditures were made.
The State in its appeal repeated the arguments pertaining to
the
applicability of the relevant filing requirements and exceptions
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 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. The Agency stated that it
had
no objection to the issuance of a summary decision.
*/ This amount was part of a larger disallowance totalling
$1,936,982.
The State chose not to appeal $1,837,954. The State
requested argument
on $3,790 of the original disallowance. The appeal
of this amount was
severed and given a separate Board docket number of
86-184..- 2 -
In its acknowledgment of the notice of appeal the Board asked the State
to
advise the Board whether the holding in Decision No. 521, which
involved
claims for Title XIX expenditures, would apply equally here,
where the
expenditures claimed were under Title IV-A. In its letter
dated October 15,
1986, the State replied that the holding in Decision
No. 521 was equally
applicable to Title IV-A claims. The State also
stated that there were
no material issues of fact or law in this case
which distinguish it from
Decision No. 521, and repeated its request for
a summary decision based upon
Decision No. 521.
We conclude that the claims here are barred by statutory and
regulatory
requirements, and we sustain the disallowance of $95,238, based
on
Decision No 521, which we incorporate herein. See also New
York
Department of Social Services, Decision No. 795, September 30, 1986.
________________________________ Judith A. Ballard
________________________________ Donald F. Garrett
________________________________ Alexander G. Teitz
Presiding
Board