SI KC00830.410 Special Procedure for Iowa Foster Care Title IV-E Payments

See SI 00830.410.

A. Background

In September 2003 the Iowa Department of Human Services (DHS) notified the Social Security Administration of 241 foster care children who received both SSI and Title IV-E payments. The Des Moines field office has determined that these cases meet the similar fault “requirement.” They also verified with the Department of Human Services that none of these cases meet the exclusion under Section 477 of Title IV-E. The following special instructions address how field offices are to develop these cases. Before completing any development, please contact the Des Moines DO, 515-282-9866.

B. Procedure

  1. Include a copy of the similar fault determination in the case file to support reopening beyond the two-year Administrative Finality Rule.

  2. Obtain verification of the monthly amount and date of receipt of Title IV-E payments from the Des Moines field office. DHS is sending verification to the Des Moines FO as they work the cases.

  3. Post Title IV-E payments and send the overpayment notice.

    1. Current Pay Cases where:
      1. The computation history will support all income postings and Iowa DHS remains the payee of record:

      • Post the Title IV-E income to the system.

      • Send the overpayment notice to the payee (automated or manual).

      2. The computation history will support all income postings and Iowa DHS is no longer the payee of record:

      • Post the Title IV-E income to the system.

      • Send a manual overpayment notice to: Iowa Department of Human Services, c/o Payments and Receipts, Hoover State Office Bldg, Des Moines, Iowa 50319.

    2. All Terminated Records / Current Pay Cases that will not support retroactive posting of income:
      1. Manually compute benefits payable for the months of review.
      2. If an overpayment results post a P TAC to the most current record.
      3. Send out a manual overpayment notice to Iowa Department of Human Services, c/o Payments and Receipts, Hoover State Office Bldg, Des Moines, Iowa 50319.

  4. Post remark/remarks to the SSR, “MMYY Iowa DHS IV-E Foster Care Case-Contact Des Moines DO 515-282-9866 for information.” When the case is worked add another remark if DHS is not the payee of record as follows, “Iowa DHS is payee of record for OP posted MMYY / similar fault has been determined”

  5. Also, post:

    • The remarks to either the MSSICS DROC or MDW if non-MSSICS.

    • The initial issue on the MDW as TIV-E with a tickle date of 2007. This will prevent the system from purging the record.

      Post all case details related to the Title IV-E monthly payment amounts and the date received, overpayment amount, and other appropriate case information on either the MSSICS DROC or MDW.

  6. Complete the Iowa Title IV-E Case Summary sheet and store in the case file.

  7. If an FO receives a request for a waiver from a payee other than Iowa Department of Human Services, the current payee is not held liable for this overpayment. Since the current payee is not liable, we are denying the request. Please contact the Des Moines DO, 515-282-9866, for specific waiver processing information.
    To deny the SSA-632-BK, send the notice of waiver determination. For waiver documentation purposes add the following remark to the SSR and either the MSSICS DROC or (if Non-MSSICS) the MDW: “SSA-632 dated MMYY denied current payee (insert name) not liable.” Do not post the waiver request or denial to the system.

  8. If other issues arise concerning living arrangement, resources, etc., develop as a postentitlement issue after income has been posted and the overpayment notice is sent.

C. References

  • POMS: SI 04070.020B. Similar Fault

  • POMS: SI 00830.410 Foster Care Payments – Section 477 of Title IV-E

  • POMS: SI 00815.050 Medical and Social Services, Related Cash, and In-Kind Items

  • POMS: SI 02005.001 - Retrospective Monthly Accounting Computation

  • POMS: SI 02005.005 - Transitional Computational Cycle (TCC)

  • POMS: SI 02220.025 - SSI Overpayment - Recovery By Refund

  • POMS: SM 01311.300 - Manual Overpayments - P TAC

  • POMS: SM