45 CFR § 264.71 - What determines the amount of the provisional payment of contingency funds that will be made to a State?

---
identifier: "/us/cfr/t45/s264.71"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "45 CFR § 264.71 - What determines the amount of the provisional payment of contingency funds that will be made to a State?"
title_number: 45
title_name: "Public Welfare"
section_number: "264.71"
section_name: "What determines the amount of the provisional payment of contingency funds that will be made to a State?"
chapter_name: "OFFICE OF FAMILY ASSISTANCE (ASSISTANCE PROGRAMS), ADMINISTRATION FOR CHILDREN AND FAMILIES, DEPARTMENT OF HEALTH AND HUMAN SERVICES"
part_number: "264"
part_name: "OTHER ACCOUNTABILITY PROVISIONS"
positive_law: false
currency: "2026-03-24"
last_updated: "2026-03-24"
format_version: "1.1.0"
generator: "[email protected]"
authority: "31 U.S.C. 7501  42 U.S.C. 608, 609, 654, 1302, 1308, and 1337."
regulatory_source: "64 FR 17896, Apr. 12, 1999, unless otherwise noted."
cfr_part: "264"
---


# 264.71 What determines the amount of the provisional payment of contingency funds that will be made to a State?

We will make a provisional payment to a State that meets the requirements of § 264.70, within the following limits:

(a) The amount that we will pay to a State in a fiscal year will not exceed an amount equal to 
1/12 times 20 percent of that State's SFAG for that fiscal year, multiplied by the number of eligible months for which the State has requested contingency funds;

(b) The total amount that we will pay to all States during a fiscal year will not exceed the amount appropriated for this purpose; and

(c) We will pay contingency funds to States in the order in which we receive requests for such payments.