No. 30395: R527-378. Withholding of Social Security Benefits

DAR File No.: 30395
Filed: 09/05/2007, 01:31
Received by: NL

NOTICE OF REVIEW AND STATEMENT OF CONTINUATION

Concise explanation of the particular statutory provisions under which the rule is enacted and how these provisions authorize or require the rule:

Under Subsection 62A-11-107(8), the Office of Recovery Services (ORS) is given rulemaking authority as necessary to carry out its statutory responsibilities. Subsection 62A-11-104(6) requires ORS to implement income withholding for collection of child support. This rule clarifies that an income withholding notice sent to the Social Security Administration for an arrears-only case must be limited to 25 percent of the benefit amount if Social Security is the obligor's sole means of support.

Summary of written comments received during and since the last five-year review of the rule from interested persons supporting or opposing the rule:

No written comments have been received.

Reasoned justification for continuation of the rule, including reasons why the agency disagrees with comments in opposition to the rule, if any:

The state laws cited in this rule remain in effect. Because this rule provides important clarifications about how ORS intends to carry out its collection duties when utilizing income withholding against a specific source of income (Social Security benefits). Therefore, this rule should be continued.

The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:

Human Services
Recovery Services
515 E 100 S
SALT LAKE CITY UT 84102-4211

Direct questions regarding this rule to:

Liesa Corbridge at the above address, by phone at 801-536-8986, by FAX at 801-536-8833, or by Internet E-mail at [e-mail]

Authorized by:

Mark Brasher, Director