Reimbursement Under the Special Food Service Program for Children

The agency requested advice regarding its proposal to settle a claim for retroactive reimbursement for expenses incurred in conducting a Special Food Services Program for day care centers. The Federal regulations governing the program state that reimbursement for free meals provided to needy children under 42 U.S.C. 1761 may extend only through the calendar month preceding the month in which the program agreement was executed. Since the regulation was issued pursuant to statute, it may not be waived to permit reimbursement for prior months except in exceptional circumstances.