Human Services, Recovery Services

Rule R527-378

Withholding of Social Security Benefits

Five-Year Notice of Review and Statement of Continuation

DAR File No.: 36674
Filed: 08/21/2012 04:58:30 PM

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:

This rule is enacted under Section 62A-11-107, which authorizes the Office of Recovery Services (ORS) to adopt, amend and enforce rules necessary to carry out its statutory responsibilities; particularly that of income withholding for collection of child support as specified in Section 62A-11-104. This rule clarifies that an income withholding notice to the Social Security Administration 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 comments have been received during or since the last five-year review.

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

The statutes under which this rule is enacted are still in effect and the rule is reflected in the current policy, practices, and procedures of ORS. 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:

Direct questions regarding this rule to:

• LeAnn Wilber at the above address, by phone at 801-536-8950, by FAX at 801-536-8833, or by Internet E-mail at [email protected]

Authorized by:

Mark Brasher, Director

Effective:

08/21/2012