DAR File No. 32497

Human Services, Recovery Services

R527-40

Retained Support

NOTICE OF PROPOSED RULE

DAR File No.: 32497
Filed: 04/06/2009, 01:39
Received by: NL

RULE ANALYSIS

Purpose of the rule or reason for the change:

This change is to add the department and office authority for creating, amending, and enforcing administrative rules.

Summary of the rule or change:

The change is to add an authority and purpose section to the existing rule. Sections 62A-1-111 and 62A-11-107 authorize the Department of Human Services and the Office of Recovery Services (ORS) to adopt, amend, and enforce rules as necessary. A purpose section was added to this rule to provide specific retained support information as to why the rule was created.

State statutory or constitutional authorization for this rule:

Sections 62A-1-111, 62A-44-107, 62A-11-304.1, 62A-11-307.1, and 62A-11-307.2

Anticipated cost or savings to:

the state budget:

The propose changes to the rule are for clarification purposes only and do not affect the current procedures. There is no anticipated change in cost or savings due to this amendment.

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 and persons other than businesses:

There will be no financial impact for small businesses due to the amendment of this rule since the basic requirements of the current rule will not change. There will be no financial impact to other persons due to the amendment of this rule since the basic requirements of the rule will not change.

Compliance costs for affected persons:

There will be no change in compliance costs since the procedures are not changing with the amendment of the current rule.

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

Businesses are not affected by this rule, and there will be no fiscal impact on businesses due to this rule amendment. 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 Lawton at the above address, by phone at 801-536-8191, by FAX at 801-536-8833, or by Internet E-mail at shancielawton@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:

06/01/2009

This rule may become effective on:

06/08/2009

Authorized by:

Mark Brasher, Director

R527. Human Services, Recovery Services.

R527-40. Retained Support.

R527-40-1. Authority and Purpose.

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 is authorized to adopt, amend, and enforce rules as necessary by Section 62A-11-107.

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. 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. The agent will refer the case to the appropriate child support team with the evidence to support the referral.

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.

 

KEY: child support

Date of Enactment or Last Substantive Amendment: [March 14, 2005]2009

Notice of Continuation: January 6, 2005

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)