§ 237.50 Recipient count, Federal financial participation. Pursuant to the formulas in sections 3, 403, 1003, 1118, 1121, 1403, and 1603 of the Social Security Act, it is necessary to identify expenditures that may be included in claims for Federal financial participation. The quarterly statement of expenditures and recoveries which is required for OAA, AFDC, AB, APTD, and AABD must include, as a part of the basis for computing the amount of Federal participation in such expenditures, the number of eligible recipients each month. However, where the State is making claims under section 1118 of the Act or under optional provisions for Federal sharing specified in such paragraphs no recipient count is involved. Vendor payments for medical care may not be considered if the State has a plan approved under title XIX of the Act. The procedures for determining recipient count are set forth in paragraphs (a), (b) and (c) of this section. ( a ) *Adult assistance categories.* For each adult assistance category, under title I, X, XIV, or XVI, of the Act, the recipient count for any month may include: ( 1 ) Eligible recipients who receive money payments or in whose behalf protective payments are made for that month: *Provided,* That such payments are not excluded from Federal financial participation under the provisions of § 233.145(c) of this chapter; plus
( 2 ) Other eligible recipients in whose behalf payments are made for institutional services in intermediate care facilities for that month, but only in a State which does not have in effect a plan approved under Title XIX of the Act. (See § 233.145(b)(2) of this chapter.)
( b ) *AFDC category.* For the AFDC category under title IV, part A, of the Act: ( 1 ) The recipient count for any month includes: ( i ) Eligible recipients in families which receive a money payment, plus
( ii ) Eligible recipients in families not otherwise counted on whose behalf protective or nonmedical vendor assistance payments are made for such month in accordance with the vendor payment provisions at § 234.60, provided that such payments are not excluded from Federal financial participation under the provisions of § 233.145(c) of this chapter.
( 2 ) For the purpose of this provision, *recipients* means, if otherwise eligible: ( i ) Children;
( ii ) In a home with no parent who is the caretaker relative, an otherwise eligible relative of specified degree;
( iii ) Parent(s);
( iv ) The spouse of such parent, in the case of AFDC eligibility due to incapacity or unemployment;
( 3 ) As used in paragraph (b)(2)(iii) of this section, the term *parent* means the natural or adoptive parent, or the stepparent who is married to the child's natural or adoptive parent and is legally obligated to support the child under a State law of general applicability which requires stepparents to support stepchildren to the same extent that natural or adoptive parents are required to support their children; and the term “spouse” as used in paragraph (b)(2)(iv) of this section means an individual who is the husband or wife of the child's own parent, as defined above, by reason of a legal marriage as defined under State law.
( 4 ) Where there are two or more dependent children living in a place of residence with two other persons and each of such other persons is a relative who has responsibility for the care and control of one or more of the dependent children, there may be two AFDC families (assistance units), if neither family includes a parent or sibling included in the other family pursuant to § 206.10 (a)(1)(vii).
( c ) *Essential person.* An *essential person* or other ineligible person who is living with the eligible person may not be counted as a recipient.
[38 FR 32914, Nov. 29, 1973, as amended at 57 FR 30161, July 8, 1992]