No. 33660 (Amendment): Rule R527-40. Retained Support

(Amendment)

DAR File No.: 33660
Filed: 05/19/2010 02:47:56 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

The rule is being changed to add information on how public assistance overpayments and retained support shall be collected from an individual who is and is not receiving public assistance. These procedures were previously listed in Rule R527-550 but are being moved to Rule R527-40 where the content is more appropriate. (DAR NOTE: The proposed repeal of Rule R527-550 is under DAR No. 33659 in this issue, June 15, 2010, of the Bulletin.)

Summary of the rule or change:

Section R527-40-3 was added to the rule to provide information as to how the Office of Recovery Services collects public assistance overpayments and retained support payments that have been kept by the custodial parent when money was owed to the state. Section R527-40-3 describes how payments are collected when an individual is receiving public assistance versus when an individual is receiving no assistance. This section was previously contained in Rule R527-550, which is in the process of being repealed.

State statutory or constitutional authorization for this rule:
- Section 62A-1-111
- Section 62A-11-107
- Section 62A-11-304.1
- Section 62A-11-307.1
- Section 62A-11-307.2
Anticipated cost or savings to:

the state budget:

There are no anticipated costs or savings to the state because the changes to the rule do not affect the current procedures, the procedures are being removed from Rule R527-550 and merged with Rule R527-40 where the subject is more appropriate.

local governments:

There is no anticipated change in cost or savings due to this amendment since administrative rules of the Office of Recovery Services/Child Support Services (ORS/CSS) do not apply to local government.

small businesses:

There will be no financial impact for small businesses due to the amendment of this rule since the procedures listed in the amendment were previously found in Rule R527-550 and do not apply to small businesses.

persons other than small businesses, businesses, or local governmental entities:

There are no anticipated costs or savings for other persons due to the amendment of this rule since the procedures listed in the amendment were previously found in Rule R527-550.

Compliance costs for affected persons:

There will be no change in compliance costs due to this amendment since procedures are not changing with the amendment. Procedures being added to Rule R527-40 with this amendment were previously contained in Rule R527-550, which is being repealed.

Comments by the department head on the fiscal impact the rule may have on businesses:

Businesses are not addressed in the rule or in the proposed changes, and it is not anticipated that the changes will create any fiscal impact on them.

Lisa-Michele Church, Executive Director

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:
- Shancie Nance at the above address, by phone at 801-536-8191, by FAX at 801-536-8833, or by Internet E-mail at snance@utah.gov
Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:

07/15/2010

This rule may become effective on:

07/22/2010

Authorized by:

Mark Brasher, Director
RULE TEXT

R527. Human Services, Recovery Services.

R527-40. Retained Support.

R527-40-1. Authority and Purpose.

[1.](1) The Department of Human Services is authorized to create rules necessary for the provision of social services by Section 62A-1-111. The Office of Recovery Services (ORS) is authorized to adopt, amend, and enforce rules as necessary by Section 62A-11-107.

[2.](2) The purpose of this rule is to define "retained support" in regards to a child support case, and to provide details as to how the amount owed is calculated once a retained support case has been opened for an obligee who has retained payments that were assigned to the state.

R527-40-2. Retained Support.

[1.](1) The term Retained Support refers to a situation in which an obligee who has assigned support rights to the state has received child support but failed to forward the payment(s) to ORS.

[2.](2) The agent will refer the case to the appropriate child support team with the evidence to support the referral.

[3.](3) In computing the amount owed, the obligee will be given credit for the $50 pass-through payment for any months prior to March, 1997, in which support was retained by the client. For example, if the obligee received and kept a support payment of $200 in February, 1997, the referral will be made as a $150 debt. For support payments retained on or after March 1, 1997, no credit shall be given because there will be no pass-through payments for support payments made after February 28, 1997.

R527-40-3. Recoupment of Public Assistance Overpayments/Retained Support.

(1) Obligor not receiving assistance.

(a) The obligor will be asked to complete an income asset affidavit.

(b) The total liability shall be reviewed with the obligor.

(c) The obligor will be requested to pay the total obligation in full.

(d) If total payment is not possible, the type of debt, the anticipated length of time to repay the debt, total income, assets and expenses of the obligor's household, and any anticipated changes in the household circumstances will be reviewed.

(2) Obligor receiving assistance.

(a) Payment may be made by assistance recoupment. The recoupment may be voluntary or may be recouped without consent in accordance with rule or federal regulation.

(b) ORS shall be responsible for reviewing all requests for Food Stamp retroactive benefits to determine if an offset is to be made. A determination of the amount due the recipient shall be made within five (5) days from the date the request is received by ORS.

KEY: child support , public assistance overpayments

Date of Enactment or Last Substantive Amendment: [ ~~June 15, 2009~~ ] 2010

Notice of Continuation: January 4, 2010

Authorizing, and Implemented or Interpreted Law: 62A-1-111; 62A-11-107; 62A-11-304.1; 62A-11-307.1(3); 62A-11-307.2(3)