45 C.F.R. Subpart D—How Will We Determine Caseload Reduction Credit for Minimum Participation Rates?
Title 45 - Public Welfare
Source: 71 FR 37477, June 29, 2006, unless otherwise noted.
(a)(1) If the average monthly number of cases receiving assistance, including assistance under a separate State program (as provided at §261.42(b)), in a State in the preceding fiscal year was lower than the average monthly number of cases that received assistance, including assistance under a separate State program in that State in FY 2005, the minimum overall participation rate the State must meet for the fiscal year (as provided at §261.21) decreases by the number of percentage points the prior-year caseload fell in comparison to the FY 2005 caseload. (2) The minimum two-parent participation rate the State must meet for the fiscal year (as provided at §261.23) decreases, at State option, by either: (i) The number of percentage points the prior-year two-parent caseload, including two-parent cases receiving assistance under a separate State program (as provided at §261.42(b)), fell in comparison to the FY 2005 two-parent caseload, including two-parent cases receiving assistance under a separate State program; or (ii) The number of percentage points the prior-year overall caseload, including assistance under a separate State program (as provided at §261.42(b)), fell in comparison to the FY 2005 overall caseload, including cases receiving assistance under a separate State program. (3) For the credit calculation, we will refer to the fiscal year that precedes the fiscal year to which the credit applies as the “comparison year.” (b)(1) The calculations in paragraph (a) of this section must disregard caseload reductions due to requirements of Federal law and to changes that a State has made in its eligibility criteria in comparison to its criteria in effect in FY 2005. (2) At State option, the calculation may offset the disregard of caseload reductions in paragraph (b)(1) of this section by changes in eligibility criteria that increase caseloads. (c)(1) To establish the caseload base for FY 2005 and to determine the comparison-year caseload, we will use the combined TANF and Separate State Program caseload figures reported on the Form ACF–199, TANF Data Report, and Form ACF–209, SSP–MOE Data Report, respectively. (2) To qualify for a caseload reduction, a State must have reported monthly caseload information, including cases in separate State programs, for FY 2005 and the comparison year for cases receiving assistance as defined at §261.43. (d)(1) A State may correct erroneous data or submit accurate data to adjust program data or to include unduplicated cases within the fiscal year. (2) We will adjust both the FY 2005 baseline and the comparison-year caseload information, as appropriate, based on these State submissions. (e) We refer to the number of percentage points by which a caseload falls, disregarding the cases described in paragraph (b), as a caseload reduction credit. (a)(1) We will determine the overall and two-parent caseload reduction credits that apply to each State based on the information and estimates reported to us by the State on eligibility policy changes using application denials, case closures, or other administrative data sources and analyses. (2) We will accept the information and estimates provided by a State, unless they are implausible based on the criteria listed in paragraph (d) of this section. (3) We may conduct on-site reviews and inspect administrative records on applications, case closures, or other administrative data sources to validate the accuracy of the State estimates. (b) In order to receive a caseload reduction credit, a State must submit a Caseload Reduction Report to us containing the following information: (1) A listing of, and implementation dates for, all State and Federal eligibility changes, as defined at §261.42, made by the State since the beginning of FY 2006; (2) A numerical estimate of the positive or negative average monthly impact on the comparison-year caseload of each eligibility change (based, as appropriate, on application denials, case closures or other analyses); (3) An overall estimate of the total net positive or negative impact on the applicable caseload as a result of all such eligibility changes; (4) An estimate of the State's caseload reduction credit; (5) A description of the methodology and the supporting data that a State used to calculate its caseload reduction estimates; and (6) A certification that it has provided the public an appropriate opportunity to comment on the estimates and methodology, considered their comments, and incorporated all net reductions resulting from Federal and State eligibility changes. (c)(1) A State requesting a caseload reduction credit for the overall participation rate must base its estimates of the impact of eligibility changes on decreases in its comparison-year overall caseload compared to the FY 2005 overall caseload baseline established in accordance with §261.40(d). (2) A State requesting a caseload reduction credit for its two-parent rate must base its estimates of the impact of eligibility changes on decreases in either: (i) Its two-parent caseload compared to the FY 2005 comparison-year two-parent caseload baseline established in accordance with §261.40(d); or (ii) Its overall caseload compared to the FY 2005 comparison-year overall caseload baseline established in accordance with §261.40(d). (d)(1) For each State, we will assess the adequacy of information and estimates using the following criteria: its methodology; its estimates of impact compared to other States; the quality of its data; and the completeness and adequacy of its documentation. (2) If we request additional information to develop or validate estimates, the State may negotiate an appropriate deadline or provide the information within 30 days of the date of our request. (3) The State must provide sufficient data to document the information submitted under paragraph (b) of this section. (e) We will not calculate a caseload reduction credit unless the State reports case-record data on individuals and families served by any separate State program, as required under §265.3(d) of this chapter. (f) A State may only apply to the participation rate a caseload reduction credit that we have calculated. If a State disagrees with the caseload reduction credit, it may appeal the decision as an adverse action in accordance with §262.7 of this chapter. (a)(1) A State's caseload reduction credit must not include caseload decreases due to Federal requirements or State changes in eligibility rules since FY 2005 that directly affect a family's eligibility for assistance. (2) At State option, a State's caseload reduction credit may include caseload increases due to Federal requirements or State change in eligibility rules since FY 2005 if used to offset caseload decreases in paragraph (a)(1) of this section. (3) A State may not receive a caseload reduction credit that exceeds the actual caseload decline between FY 2005 and the comparison year. (4) A State may count the reductions attributable to enforcement mechanisms or procedural requirements that are used to enforce existing eligibility criteria (e.g., fingerprinting or other verification techniques) to the extent that such mechanisms or requirements identify or deter families otherwise ineligible under existing rules. (b) A State must include cases receiving assistance in separate State programs as part of its FY 2005 caseload and comparison-year caseload. However, if a State provides documentation that separate State program cases overlap with or duplicate cases in the TANF caseload, we will exclude them from the caseload count. (a) The caseload reduction credit is based on decreases in caseloads receiving assistance (other than those excluded pursuant to §261.42) both in a State's TANF program and in separate State programs that address basic needs and are used to meet the MOE requirement. (b) A State that is investing State MOE funds in eligible families in excess of the required 80 percent or 75 percent basic MOE amount need only include the pro rata share of caseloads receiving assistance that is required to meet basic MOE requirements. A State must report the necessary documentation on caseload reductions for the preceding fiscal year by December 31.
Title 45: Public Welfare
PART 261—ENSURING THAT RECIPIENTS WORK
Subpart D—How Will We Determine Caseload Reduction Credit for Minimum Participation Rates?
§ 261.40 Is there a way for a State to reduce the work participation rates?
§ 261.41 How will we determine the caseload reduction credit?
§ 261.42 Which reductions count in determining the caseload reduction credit?
§ 261.43 What is the definition of a “case receiving assistance” in calculating the caseload reduction credit?
§ 261.44 When must a State report the required data on the caseload reduction credit?
