DAR File No. 40096

This rule was published in the February 1, 2016, issue (Vol. 2016, No. 3) of the Utah State Bulletin.

Human Services, Recovery Services

Rule R527-40

Retained Support

Notice of Proposed Rule

(Amendment)

DAR File No.: 40096
Filed: 01/12/2016 09:01:17 AM

RULE ANALYSIS

Purpose of the rule or reason for the change:

The purpose of this amendment is to delete the section regarding the Office of Recovery Services (ORS) being responsible for reviewing all requests for food stamp retroactive benefits to determine if an offset is to be made. The Department of Workforce Services (DWS) is now responsible for these reviews.

Summary of the rule or change:

As ORS no longer performs the review of all requests for food stamp retroactive benefits to determine if an offset is to be made, the language contained in Subsection R527-40-3(2)(b) is no longer valid and is being deleted from the rule.

State statutory or constitutional authorization for this rule:

  • Section 62A-11-304.1
  • Section 62A-1-111
  • Section 62A-11-107
  • Subsection 62A-11-307.2(3)
  • Subsection 62A-11-307.1(3)

Anticipated cost or savings to:

the state budget:

There are no anticipated costs or savings to the state because the only change that is being made is that ORS is no longer responsible for reviewing a request for food stamp retroactive benefits. DWS is now responsible for these reviews.

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 businesses due to this amendment.

small businesses:

There are no anticipated costs or savings to small businesses because the only change that is being made is that ORS is no longer responsible for reviewing a request for food stamp retroactive benefits. DWS is now responsible for these reviews.

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

There are no anticipated costs or savings to other persons because the only change that is being made is that ORS is no longer responsible for reviewing a request for food stamp retroactive benefits. DWS is now responsible for these reviews.

Compliance costs for affected persons:

There are no compliance costs for affected persons because the only change that is being made is that ORS is no longer responsible for reviewing a request for food stamp retroactive benefits. DWS is now responsible for these reviews.

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

There are no anticipated fiscal impacts to businesses as a result of this rule amendment, because the only change being made is that ORS will no longer be responsible for reviewing requests for food stamp retroactive benefits to determine if an offset is to be made. DWS is now responsible for these reviews.

Ann Silverberg Williamson, 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 801-741-7516, by FAX at 801-536-8509, or by Internet E-mail at lwilber@utah.gov
  • Julene Robbins at the above address, by phone at 801-538-4521, by FAX at 801-538-3942, or by Internet E-mail at jhjonesrobbins@utah.gov
  • Andrew Clement at the above address, by phone at 801-741-7434, by FAX at 801-536-8509, or by Internet E-mail at aclement@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:

03/02/2016

This rule may become effective on:

03/09/2016

Authorized by:

Liesa Stockdale, Director

RULE TEXT

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 (ORS) 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.

 

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: [August 9, 2010]2016

Notice of Continuation: September 3, 2014

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)

 

Additional Information

More information about a Notice of Proposed Rule is available online.

The Portable Document Format (PDF) version of the Bulletin is the official version. The PDF version of this issue is available at https://rules.utah.gov/publicat/bull-pdf/2016/b20160201.pdf. The HTML edition of the Bulletin is a convenience copy. Any discrepancy between the PDF version and HTML version is resolved in favor of the PDF version.

Text to be deleted is struck through and surrounded by brackets ([example]). Text to be added is underlined (example).  Older browsers may not depict some or any of these attributes on the screen or when the document is printed.

For questions regarding the content or application of this rule, please contact LeAnn Wilber at the above address, by phone at 801-741-7516, by FAX at 801-536-8509, or by Internet E-mail at lwilber@utah.gov; Julene Robbins at the above address, by phone at 801-538-4521, by FAX at 801-538-3942, or by Internet E-mail at jhjonesrobbins@utah.gov; Andrew Clement at the above address, by phone at 801-741-7434, by FAX at 801-536-8509, or by Internet E-mail at aclement@utah.gov.  For questions about the rulemaking process, please contact the Division of Administrative Rules.

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