Human Services, Recovery Services

Rule R527-330

Posting Priority of Payments Received

Notice of Proposed Rule

(Amendment)

DAR File No.: 36681
Filed: 08/21/2012 06:19:43 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

The purpose of this amendment is to add the purpose and authority section to the rule.

Summary of the rule or change:

This amendment adds the purpose and authority in the new Section R527-330-1 and renumbers the subsequent section.

State statutory or constitutional authorization for this rule:

• Section 62A-11-107

Anticipated cost or savings to:

the state budget:

There are no anticipated costs to the state budget because the change to the rule is only to add a purpose and authority to the rule.

local governments:

Administrative rules of the Office of Recovery Services/Child Support Services (ORS/CSS) do not apply to local government; therefore, there are no anticipated costs or savings for any local governments due to this amendment.

small businesses:

There are no anticipated costs for small businesses because the change to the rule is only to delete a Utah Code Annotated references and add one new state law reference and two federal regulations, which support the office enforcing an order with a medical support provision.

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

There are no anticipated costs for other persons because the change to the rule is only to add a purpose and authority section to the rule.

Compliance costs for affected persons:

There are no costs as the change to the rule is only to add a purpose and authority section to the rule.

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

There is no fiscal impact to businesses as the change to the rule is only to add a purpose and authority section to the rule.

Palmer Depaulis, 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:

10/15/2012

This rule may become effective on:

10/22/2012

Authorized by:

Mark Brasher, Director

R527. Human Services, Recovery Services.

R527-330. Posting Priority of Payments Received.

R527-330-1. Purpose and Authority.

1. The Office of Recovery Services (ORS) is authorized to create rules necessary for the provision of social services by Section 62A-11-107.

2. The purpose of this rule is to clarify that ORS must first apply support payments to current support obligations before applying the money to past-due arrears debts. It also establishes a method for posting payments when the obligor does not provide instructions for the payment and has more than one case.

 

R527-330-2. Posting Priority of Payments Received.

The Office of Recovery Services shall determine to which debt payment will be credited in instances where the obligor has more than one case, and the obligor has not expressed his intention.

For Child Support Services cases, if the obligor expresses intent, the payment shall be credited to the case indicated. When the obligor has not expressed his intention, the Office of Recovery Services/Child Support Services (ORS/CSS) shall pro-rate payments, other than payments received from the Federal tax refund intercept program, among all of the obligor's current support obligations. Once the current support obligations have been met, a payment shall be split equally among all of the obligor's child support cases with arrears.

A payment credited to a case with arrears shall be applied to the oldest debt, and arrears owed to the family shall be paid before arrears owed to the State according to the priority specified in 42 USC Sec. 657.

 

KEY: child support, debt, public assistance programs

Date of Enactment or Last Substantive Amendment: [December 16, 1999]2012

Notice of Continuation: June 12, 2012

Authorizing, and Implemented or Interpreted Law: 62A-11-107; 45 CFR 303.31; 45 CFR 303.32