DEPARTMENT OF HEALTH AND SOCIAL SERVICES

Division of Social Services

Statutory Authority: 31 Delaware Code, Section 107 (31 Del.C. §107)

GENERAL NOTICE

PUBLIC NOTICE

Delaware Temporary Assistance for Needy Families (TANF) Caseload Reduction Credit Report for Fiscal Year 2007

Nature of the Proceedings:

Delaware Health and Social Services (“Department”) / Division of Social Services initiated proceedings to provide information of public interest with respect to the Delaware TANF Caseload Reduction Credit Report for fiscal year 2007. The Department’s proceedings were initiated pursuant to 29 Delaware Code Section 10114 and its authority as prescribed by 31 Delaware Code Section 512.

The Department published its notice of public comment pursuant to 29 Delaware Code Section 10115 in the GENERAL NOTICE section of the June 2007 Delaware Register of Regulations, requiring written materials and suggestions from the public concerning the proposed regulations to be produced by June 30, 2007 at which time the Department would receive information, factual evidence and public comment to the said proposed changes to the regulations.

Summary of Proposal

Title of Notice

Delaware TANF Caseload Reduction Credit Report - Fiscal Year 2007

Statutory Basis

• Section 407(b)(3) of the Social Security Act, Pro Rata Reduction of Participation Rate Due to Caseload Reductions Not Required by Federal Law and Not Resulting from Changes in State Eligibility Criteria; and,

• 45 CFR 261.40 et seq., How Will We Determine the Caseload Reduction Credit?

Background

Section 407(b)(3) of the Social Security Act, as amended by the Deficit Reduction Act of 2005 (DRA) requires a reduction of the State's required participation rate for a fiscal year by the number of percentage points that the average monthly number of families receiving assistance in the State in the immediately preceding fiscal year is less than the average monthly number of families that received assistance in the State in fiscal year (FY) 2005.

The statute prohibits this reduction from including any caseload declines due to requirements of Federal law or due to differences in State eligibility criteria. This reduction in the participation rate is termed the TANF Caseload Reduction Credit.

To receive a caseload reduction credit, a State must complete Form ACF-202, the Caseload Reduction Report, in accordance with the regulations at 45 CFR 261.40 et seq., Section 407(b)(3) of the Social Security Act and the DRA. The FY 2007 report provides the information needed to calculate a caseload reduction credit (FY 2006 versus FY 2005), and thus determine the participation standard the State must meet for the fiscal year.

For this report to be complete, an opportunity for the public to comment and assurances that DSS considered those comments is required by the Administration for Children and Families (ACF) as part of our Caseload Reduction Report.

Summary of Comments Received With Agency Response

No comments were received during the public comment period.

Findings of Fact:

The Department finds that the Delaware TANF Caseload Reduction Credit Report ("Report") for Fiscal Year 2007, as set forth in the June 2007 Register of Regulations should be adopted.

THEREFORE, IT IS ORDERED, that the Report is adopted and shall be final effective August 10, 2007.

Vincent P. Meconi, Secretary, DHSS , 7/16/07

FORM ACF-202 - TANF CASELOAD REDUCTION REPORT

OMB Approval No.: 0970-0309 Expiration Date: 09/30/2009 Page 1 of 2

FORM ACF-202 - TANF CASELOAD REDUCTION REPORT

PART 2 – Estimate of Caseload Reduction Credit

Impact of All Changes: None

Caseload Reduction Calculation

Actual Caseload Decline

   
 

FY 2005 Average TANF Caseload

5,606

 
 

FY 2005 Average SSP Caseload

128

 
 

FY 2005 Average Total caseload

5,734

 
       
 

FY 2006 Average TANF Caseload

5,504

 
 

FY 2006 Average SSP Caseload

105

 
 

FY 2006 Average Total Caseload

5,609

 
 

Actual Decline

125 cases = 2.18%

 

Actual Decline – Net Impact

125 cases = 2.18%

       

Cases Funded With Excess MOE

   
 

Total FY 2006 MOE Expenditures

$37,374,628

 
 

75% MOE Requirement

$21,771,069

 
 

Excess MOE Spending

$15,603,559 divided by

 

Average “assistance” spending per case

$ 3,926 equals

 

Cases Funded by Excess MOE

3,974 cases

 
 

Actual Caseload Decline

125 cases

 
 

Adjusted Caseload Reduction

4,099 cases = 71.49%

       

Caseload Reduction Credit = 50%

   

OMB Approval No.: 0970-0309 Expiration Date: 09/30/2009 Page 2 of 2

11 DE Reg. 233 (08/01/07)