A-73225, APRIL 14, 1936, 15 COMP. GEN. 908

A-73225: Apr 14, 1936

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NEED NOT BE ACCOMPANIED BY APPLICATIONS AND OTHER PERTINENT PAPERS IF SAID PAPERS ARE KEPT AVAILABLE FOR INSPECTION IN THE ADMINISTRATIVE OFFICE. AS FOLLOWS: THERE IS SUBMITTED HEREWITH A PAY ROLL. REQUEST IS MADE FOR YOUR INSTRUCTIONS AND OPINIONS ON THE FOLLOWING QUESTIONS: 1. SHOULD APPLICATIONS AND NECESSARY EVIDENCE ACCOMPANY PAY ROLLS FOR PURPOSES OF AUDIT BY THE GENERAL ACCOUNTING OFFICE OR WILL CERTIFICATE THAT APPLICATIONS. ANY OTHER SUGGESTIONS OF THE COMPTROLLER GENERAL AS TO ANY OTHER REQUIREMENTS OF LAW AND ACCOUNTING WILL BE APPRECIATED. WILL BE DULY PRESERVED IN THE ADMINISTRATIVE OFFICE AND BE OPEN TO INSPECTION BY PROPERLY DESIGNATED EMPLOYEES OF THIS OFFICE. IT WILL BE SUFFICIENT FOR AUDIT PURPOSES.

A-73225, APRIL 14, 1936, 15 COMP. GEN. 908

DISTRICT OF COLUMBIA - OLD-AGE ASSISTANCE - PAY-ROLL EVIDENCE REQUIRED PAY ROLLS TRANSMITTED TO THE GENERAL ACCOUNTING OFFICE INVOLVING PAYMENT OF AWARDS MADE UNDER THE DISTRICT OF COLUMBIA OLD-AGE ASSISTANCE ACT, 49 STAT. 747, NEED NOT BE ACCOMPANIED BY APPLICATIONS AND OTHER PERTINENT PAPERS IF SAID PAPERS ARE KEPT AVAILABLE FOR INSPECTION IN THE ADMINISTRATIVE OFFICE, BUT SHOULD BE CERTIFIED BY THE ADMINISTRATIVE OFFICER CHARGED WITH ADMINISTRATION OF THE ACT. SAID PAY ROLLS SHOULD BEAR APPROPRIATE NOTATIONS IN CASE OF ANY CHANGE OF AWARD, AND OF THE REVIEW OF ALL SUCH CASES REQUIRED TO BE MADE BY THE STATUTE.

COMPTROLLER GENERAL MCCARL TO J. R. LUSBY, DISBURSING OFFICER, APRIL 14, 1936:

THERE HAS BEEN CONSIDERED YOUR LETTER OF APRIL 1, 1936, AS FOLLOWS:

THERE IS SUBMITTED HEREWITH A PAY ROLL, CERTIFIED BY DIRECTOR, PUBLIC ASSISTANCE DIVISION, BOARD OF PUBLIC WELFARE, D.C., AND APPROVED BY THE DIRECTOR OF PUBLIC WELFARE, D.C., AS AWARDS TO ALLEGED RESIDENTS OF THE DISTRICT OF COLUMBIA, QUALIFYING UNDER PROVISIONS OF AN ACT, PUBLIC, 319, 74TH CONGRESS, APPROVED AUGUST 24, 1935, IN RELATION TO PROVIDING ASSISTANCE AGAINST OLD AGE WANT.

IN VIEW OF CERTAIN REQUIREMENTS IN ABOVE MENTIONED ACT, REQUEST IS MADE FOR YOUR INSTRUCTIONS AND OPINIONS ON THE FOLLOWING QUESTIONS:

1. SHOULD APPLICATIONS AND NECESSARY EVIDENCE ACCOMPANY PAY ROLLS FOR PURPOSES OF AUDIT BY THE GENERAL ACCOUNTING OFFICE OR WILL CERTIFICATE THAT APPLICATIONS, ETC., ON FILE IN PUBLIC ASSISTANCE OFFICE SUFFICE?

2. IN VIEW OF COMMISSIONERS' ORDER NO. 297826/494 DATED MARCH 27, 1936 (COPY ATTACHED HEREWITH), CREATING THE POSITION OF ASSOCIATE ATTORNEY IN THE PUBLIC ASSISTANCE DIVISION OF THE BOARD OF PUBLIC WELFARE, SUBJECT TO THE GENERAL SUPERVISION OF THE CORPORATION COUNSEL, SHOULD THE ACTION OF THE CORPORATION COUNSEL OR HIS ASSISTANT APPEAR ON PAY ROLLS APPROVED FOR PAYMENT.

ANY OTHER SUGGESTIONS OF THE COMPTROLLER GENERAL AS TO ANY OTHER REQUIREMENTS OF LAW AND ACCOUNTING WILL BE APPRECIATED.

WITH THE UNDERSTANDING THAT THE APPLICATION AND ALL PERTINENT PAPERS IN RESPECT OF ANY CASE ADJUDICATED UNDER THE TERMS OF THE SOCIAL SECURITY ACT OF AUGUST 14, 1935, 49 STAT. 620, AND THE ACT OF AUGUST 24, 1935, 49 ID. 747, WILL BE DULY PRESERVED IN THE ADMINISTRATIVE OFFICE AND BE OPEN TO INSPECTION BY PROPERLY DESIGNATED EMPLOYEES OF THIS OFFICE, IF AND WHEN NECESSITY THEREFOR ARISES, IT WILL BE SUFFICIENT FOR AUDIT PURPOSES, FOR THE PRESENT, THAT THE PAY ROLL CONTAIN A CERTIFICATE, SUCH AS APPEARS ON THE ROLL SUBMITTED WITH YOUR LETTER OF APRIL 1, AS TO THE FACTS DISCLOSED BY THE APPLICATION AND OTHER DOCUMENTS--- NECESSARY TO SHOW THAT THE PROPOSED PAYMENTS ARE AUTHORIZED UNDER THE LAW. YOUR FIRST QUESTION IS ANSWERED ACCORDINGLY.

THE COMMISSIONERS' ORDER REFERRED TO IN YOUR SECOND QUESTION READS AS FOLLOWS:

THAT THE POSITION OF ASSOCIATE ATTORNEY (BU 25-19-2, P-3) AT $3,200 PER ANNUM IS HEREBY CREATED IN THE PUBLIC ASSISTANCE DIVISION OF THE BOARD OF PUBLIC WELFARE, AND THAT MAE HELM, ASSISTANT CORPORATION COUNSEL (BU 8-1- 32, P-3) IN THE CORPORATION COUNSEL'S OFFICE AT $3,200 PER ANNUM, IS HEREBY TRANSFERRED AND APPOINTED TO SAID POSITION, SUBJECT TO THE GENERAL SUPERVISION OF THE CORPORATION COUNSEL, APPOINTMENT TO BE EFFECTIVE ON AND AFTER APRIL 1, 1936.

IT IS UNDERSTOOD YOUR INQUIRY IS MADE PRINCIPALLY BECAUSE OF THE ORDER DESIGNATING SUCH OFFICIALS, BUT THE ORDER DOES NOT DEFINE THE DUTIES OF THE ASSOCIATE ATTORNEY, AND IT IS PROBABLE THAT THE DUTY OF SUCH OFFICER IS INTENDED TO HAVE RELATION TO SUCH CASES AS REQUIRE PARTICULAR LEGAL ADVICE AND ACTION. NOTHING IN THE ACT OF AUGUST 24, 1935, 49 STAT. 747, REQUIRES THAT SUCH PAY ROLLS BE APPROVED BY THE CORPORATION COUNSEL OR OTHER ATTORNEY. IT IS UNDERSTOOD THAT THE BOARD OF COMMISSIONERS OF THE DISTRICT OF COLUMBIA HAS DESIGNATED THE PUBLIC ASSISTANCE DIVISION OF THE DEPARTMENT OF PUBLIC WELFARE AS THE AGENCY TO ADMINISTER OLD-AGE ASSISTANCE FOR THE DISTRICT OF COLUMBIA. IF SO, AND THAT DIVISION IS CHARGED WITH THE DUTY OF INVESTIGATING ALL APPLICATIONS MADE FOR BENEFITS UNDER THE ACT AND THAT THE ELIGIBILITY TO SUCH BENEFITS IS DETERMINED BY SAID DIVISION, THE ADMINISTRATIVE CERTIFICATE ON THE ROLL SHOULD BE SIGNED, AS WAS DONE IN THE INSTANT CASE, BY THE DIRECTOR, PUBLIC ASSISTANCE DIVISION, BOARD OF PUBLIC WELFARE, DISTRICT OF COLUMBIA. YOUR SECOND QUESTION IS ANSWERED ACCORDINGLY.

ATTENTION IS DIRECTED TO THE REQUIREMENTS OF SECTION 8 OF THE ACT OF AUGUST 24, 1935, 49 STAT. 749, AS FOLLOWS:

ALL ASSISTANCE UNDER THIS ACT SHALL BE REVIEWED FROM TIME TO TIME AS FREQUENTLY AS MAY BE REQUIRED BY THE RULES HEREUNDER FORMULATED. AFTER SUCH FURTHER INVESTIGATION AS MAY BE DEEMED NECESSARY THE AMOUNT AND MANNER OF ASSISTANCE MAY BE CHANGED OR THE ASSISTANCE MAY BE WITHDRAWN IF IT IS FOUND THAT THE RECIPIENT'S CIRCUMSTANCES HAVE CHANGED SUFFICIENTLY TO WARRANT SUCH ACTION, AND ALL CASES IN WHICH RELIEF IS BEING EXTENDED SHALL BE REVIEWED EVERY SIX MONTHS. IT SHALL BE WITHIN THE POWER OF THE BOARD OF COMMISSIONERS OR ITS DESIGNATED AGENCY AT ANY TIME TO CANCEL AND REVOKE ASSISTANCE AND TO SUSPEND PAYMENTS FOR SUCH PERIODS AS IT MAY DEEM PROPER.

WHERE ANY CHANGE IN THE AMOUNT OF THE BENEFIT AWARDED RESULTS FROM A REVIEW OF ANY CASE, APPROPRIATE NOTATION THEREOF SHOULD BE MADE IN THE REMARKS COLUMN. SINCE THE ACT REQUIRES THAT ,ALL CASES IN WHICH RELIEF IS BEING EXTENDED SHALL BE REVIEWED EVERY 6 MONTHS" THE ROLL COVERING PAYMENT FOR THE MONTH FOLLOWING SUCH REVIEW SHOULD CONTAIN AN APPROPRIATE NOTATION THAT A REVIEW OF THE PARTICULAR CASE WAS MADE AS REQUIRED BY THE STATUTE AND INDICATING THE RESULT OF SUCH REVIEW.

UNDER DOCKET NO. A-51622 THERE IS AT PRESENT BEING CONSIDERED BY THIS OFFICE APPROPRIATE FORMS FOR USE IN THIS AND LIKE CLASSES OF PAYMENTS, BUT UNTIL SUCH TIME AS THE FORMS ARE APPROVED NO OBJECTION WILL BE RAISED TO THE USE OF THE TENTATIVE FORM SUBMITTED.