C.F.R. » Title 45 » CHAPTER II—OFFICE OF FAMILY ASSISTANCE (ASSISTANCE PROGRAMS), ADMINISTRATION FOR CHILDREN AND FAMILIES, DEPARTMENT OF HEALTH AND HUMAN SERVICES › PART 233—COVERAGE AND CONDITIONS OF ELIGIBILITY IN FINANCIAL ASSISTANCE PROGRAMS

45 C.F.R. § 233.21

Budgeting methods for OAA, AB, APTD, and AABD

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(a) Requirements for State plans. A State plan for OAA, AB, APTD, and AABD shall specify if assistance payments shall be computed using a prospective budgeting system or a retrospective budgeting system. A State electing retrospective budgeting shall specify which options it selects and the State plan shall state that it shall meet the requirements in §§ 233.21 through 233.29. Budgeting methods for AFDC are described in §§ 233.31 through 233.37.

(b) Definitions. The following definitions apply to §§ 233.21 through 233.29:

(1) Prospective budgeting means that the agency shall compute the amount of assistance for a payment month based on its best estimate of income and circumstances which will exist in that month. This estimate shall be based on the agency's reasonable expectation and knowledge of current, past or future circumstances.

(2) Retrospective budgeting means that the agency shall compute the amount of assistance for a payment month based on actual income or circumstances which existed in a previous month, the “budget month”.

(3) Budget month means the fiscal or calendar month from which the agency shall use income or circumstances of the family to compute the amount of assistance.

(4) Payment month means the fiscal or calendar month for which an agency shall pay assistance. Payment is based upon income or circumstances in the budget month. In prospective budgeting, the budget month and the payment month are the same. In retrospective budgeting, the payment month follows the budget month and the payment month shall begin within 32 days after the end of the budget month.

(5) Make an assistance payment. In the context of retrospective budgeting, to make an assistance payment means that the check shall be deposited in the U.S. mail, hand delivered to the recipient, or deposited with an intermediary organization, such as a bank.

(6) Supplemental payment. In the context of retrospective budgeting, a supplemental payment is a payment which maintains a family during the time it takes for the monthly assistance payment to reflect a change in circumstances or income.

[44 FR 26082, May 4, 1979, as amended at 47 FR 5678, Feb. 5, 1982]
Notes of Decisions
Cited in 3 cases, 1980–1981 · leading case: Peske v. Tangedahl, 619 F.2d 729 (8th Cir. 1980).
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Peske v. Tangedahl, 619 F.2d 729 (8th Cir. 1980). “” 45 C.F.R. § 233.21 (b) (1979). . Appellants are AFDC recipients whose grants were temporarily reduced under North Dakota’s alternate month budgeting procedure.”
Eagle Elk v. Westby, 288 N.W.2d 317 (S.D. 1980). · cites it 2× “Subsequent to that decision, however, 45 CFR Part 233 was amended effective May 4, 1979, by the addition of 45 CFR § 233.21 (a), tacitly approving retrospective budgeting (PMB), and 45 CFR § 233.”
Sloneem v. Commonwealth, 433 A.2d 585 (Pa. Commw. Ct. 1981). “Of particular relevance is the fact that, as required under 45 C.F.R. §233.21 (a), Pennsylvania elected as its budgeting method for assistance payments: Prospective budgeting, in which all factors of eligibility in the amount of the assistance payment are determined with respect…”
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