Human Services, Recovery Services

Rule R527-332

Unreimbursed Assistance Calculation

Notice of Proposed Rule

(Amendment)

DAR File No.: 33261
Filed: 12/10/2009 11:46:00 AM

RULE ANALYSIS

Purpose of the rule or reason for the change:

The purpose of this amendment is to add the purpose and authority to the rule and the Section 62A-1-11 citation to the Authorizing, and Implemented or Interpreted Law section of the rule.

Summary of the rule or change:

Section R527-332-1 was changed to the Authority and Purpose. The subsequent sections were renumbered accordingly. Section 62A-1-111 was added to the Authorizing, and Implemented or Interpreted Law section of the rule.

State statutory or constitutional authorization for this rule:

• Section 62A-11-107
• Section 62A-1-111
• 45 CFR 302.51
• 45 CFR 302.32

Anticipated cost or savings to:

the state budget:

The proposed changes to the rule are only to add the authority and purpose of the rule and do not affect the current procedures. There is no anticipated change in cost or savings due to this amendment.

local governments:

Administrative rule of the Office of Recovery Services do not affect local government. There are no anticipated costs or savings for any local businesses due to this amendment.

small businesses:

Because the proposed amendment does not affect the current procedures, there is no financial impact for small businesses.

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

Because the proposed amendment does not affect the current procedures, there is no financial impact for other persons due to the amendment.

Compliance costs for affected persons:

Because the proposed amendment does not affect the current procedures, there is no financial impact to affected persons.

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

Passage of this proposed amended rule will have no fiscal impact on local business.

Lisa-Michelle 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:

• LeAnn Wilber at the above address, by phone at 801-536-8950, by FAX at 801-536-8833, or by Internet E-mail at lwilber@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:

02/01/2010

This rule may become effective on:

02/08/2010

Authorized by:

Mark Brasher, Director

R527. Human Services, Recovery Services.

R527-332. Unreimbursed Assistance Calculation.

R527-332-1. 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 create rules necessary to fulfill its duties by Section 62A-11-107.

2. The purpose of this rule is to meet the requirements of 45 CFR 302.32 and 45 CFR 302.51, which require the office to refund collections in excess of the unreimbursed assistance amount (URA) to the family within two calendar days of the end of each month that assistance was received.

 

R527-332-2. Definitions.

1. IV-A Assistance means cash assistance which was issued based upon Title IV-A funding of AFDC or FEP programs.

2. Unreimbursed Assistance means the total lifetime amount of IV-A assistance that the State has expended on behalf of the IV-A household for which the State/Federal government have not been reimbursed.

 

R527-332-[2]3. Unreimbursed Assistance Calculation.

The Office of Recovery Services shall calculate the amount of unreimbursed assistance. The calculation shall compare the amount of IV-A child support payments plus the amount of IV-A overpayment payments against the lifetime IV-A benefit amount.

In the event that the unreimbursed assistance amount becomes zero, or greater than zero, collection of the IV-A overpayment amount will be suspended.

 

KEY: assistance, overpayments, child support

Date of Enactment or Last Substantive Amendment: [August 1, 2000]2010

Notice of Continuation: July 14, 2005

Authorizing, and Implemented or Interpreted Law: 62A-1-111; 62A-11-107; 45 CFR 302.32; 45 CFR 302.51