Final

Issued by: Administration for Children and Families (ACF)

Issue Date: February 10, 2000

To:

State agencies administering the Temporary Assistance for Needy Families (TANF) program and other interested parties

Subject:

Status of the Handbook of Public Assistance Administration

References:

Section 404(a)(2) of the Social Security Act, 45 CFR 263.11(a)(2)

Purpose:

This Policy Announcement formally responds to questions we have received regarding the status and applicability of the Handbook of Public Assistance Administration.

Background:

The original Handbook consisted of seven parts (designated I through VII), four Supplements (designated A through D), and an undesignated supplement for "Medical Assistance for the Aged."  This latter supplement became obsolete and was superseded with the January 1966 addition of title XIX to the Social Security Act.  Supplement D, "Medical Assistance Programs", was formally revoked in February 1978 through a notice in the Federal Register (43 FR 6161, February 13, 1978).  Parts I, II, and VI and Supplements A, B, and C were formally revoked in August 1975 through a notice in the Federal Register(40 FR 155, August 11, 1975).  Part III, "Personnel Administration" and Part VII, "Submittal of State Public Assistance Plans" were not revoked with a formal notice in the Federal Register; however, those provisions have been revised and transferred in regulations over a period of years rendering these Parts obsolete.  The remaining provisions of the Handbook, Parts IV and V have never been fully revoked or codified.

Questions and Responses:

Q: Are any portions of Parts IV and V of the Handbook of Public Assistance Administration still binding upon the States?  If yes, cite the specific sections that still apply.

The Handbook provisions were developed and applicable to the former Aid to Families with Dependent Children (AFDC) program.  The repeal of that program and the enactment of the Temporary Assistance for Needy Families (TANF) program has rendered the Handbook obsolete with one exception.  The applicable Handbook provisions governing presumptive eligibility (Part IV - 5520) and the prior or simultaneous authorization of assistance (Part IV- 5214) apply to States that elect to use TANF funds in any manner that the State was authorized under its former approved AFDC plan or JOBS plan.  Section 404(a)(2) which permits States to "grandfather in" the plan provisions also "grandfathers in" the associated policies related to such provisions from the AFDC program.

Q: If none of the material in Parts IV and V of the Handbook are still applicable, at what point in time were they considered to be obsolete or superseded?

The Handbook provisions became obsolete at the time a State implemented its TANF program (but for the exception noted above).  For example, a State that implemented TANF effective July 1, 1997 was not required to follow the Handbook provisions as of that date.  It is at that point, for each State, that the AFDC program was actually repealed and the TANF program enacted.

Inquiries:

Inquiries and comments should be directed to the appropriate Administration for Children and Families (ACF) Regional Administrator.

/s/

Alvin C. Collins
Director
Office of Family Assistance

DISCLAIMER: The contents of this database lack the force and effect of law, except as authorized by law (including Medicare Advantage Rate Announcements and Advance Notices) or as specifically incorporated into a contract. The Department may not cite, use, or rely on any guidance that is not posted on the guidance repository, except to establish historical facts.