N.Y. Comp. Codes R. & Regs. tit. 18 § 347.13

Current through Register Vol. 46, No. 45, November 2, 2024

Section 347.13 - Distribution and disbursement of support collections

(a)Support collections.

(1) Any amounts collected by a support collection unit which represent support payments from an individual responsible for providing support will reduce, dollar for dollar, the individual's support obligation.

(2) The date of collection for such amounts collected pursuant to paragraph (1) of this subdivision is the date on which the payment is received by the support collection unit.

(b)Determination of support obligation.

(1) When a family is in receipt of public assistance or medical assistance-only, or the case is a foster care case, the required monthly support obligation or cash medical support obligation for one month and the required monthly support obligation or cash medical support obligation for past months for such cases shall be determined pursuant to section 347.12 of this Part.

(2) When a family is not in receipt of public assistance or medical assistance-only, or the case is not a foster care case, the required support obligation shall be determined from the order of support.

(c)Distribution of support collections.

(1) For the purposes of distribution under this subdivision, except for Federal income tax refund offsets pursuant to subdivision (d) of this section, support collected shall be treated first as payment on the required support obligation, required monthly support obligation, or cash medical support obligation for the current month, and if any amounts collected are in excess of such amount, these excess amounts shall be treated as payment on the required support obligation, required monthly support obligation, or cash medical support obligation for previous months. If the amount collected is in excess of the amount required to satisfy the support obligations, monthly support obligations, or cash medical support obligations for the current month and previous months, such amount shall be applied to future months.

(2) Current-assistance cases. For any amount collected in a month for current-assistance cases, distribution shall be as follows:

(i) Any amount that is collected in a month shall be distributed to the required monthly support obligation for that month and shall be disbursed to the social services district.

(ii) If the amount collected is in excess of the amount required to be distributed under subparagraph (i) of this paragraph, such amount shall be distributed to satisfy permanently-assigned arrears and shall be disbursed to the social services district.

(iii) If the amount collected is in excess of the amount required to be distributed under subparagraphs (i) and (ii) of this paragraph, such amount shall be distributed to satisfy temporarily-assigned arrears which accrued under assignments made before October 1, 2009, and shall be disbursed to the social services district.

(iv) If the amount collected is in excess of the amount required to be distributed under subparagraphs (i), (ii), and (iii) of this paragraph, such amount shall be distributed to satisfy conditionally-assigned arrears which accrued under assignments made before October 1, 2009, and shall be disbursed to the family.

(v) If the amount collected is in excess of the amount required to be distributed under subparagraphs (i), (ii), (iii), and (iv) of this paragraph, such amount shall be distributed to satisfy never-assigned arrears and shall be disbursed to the family.

(vi) If the amount collected is in excess of the amount required to be distributed under subparagraphs (i), (ii), (iii), (iv), and (v) of this paragraph, such amount shall be distributed to unassigned pre-assistance arrears and shall be disbursed to the family.

(vii) If the amount collected is in excess of the amount required to be distributed under subparagraphs (i), (ii), (iii), (iv), (v), and (vi) of this paragraph, such amount shall be distributed to satisfy unassigned during-assistance arrears and shall be disbursed to the family.

(3) Former-assistance cases. When a family ceases to receive public assistance, any amount collected in a month for such former-assistance cases shall be distributed as follows:

(i) Any amount that is collected in a month shall be distributed to the required support obligation for that month and shall be disbursed to the family.

(ii) If the amount collected is in excess of the amount required to be distributed under subparagraph (i) of this paragraph, such amount shall be distributed to satisfy never-assigned arrears and shall be disbursed to the family.

(iii) If the amount collected is in excess of the amount required to be distributed under subparagraphs (i) and (ii) of this paragraph, such amount shall be distributed to satisfy conditionally-assigned arrears and shall be disbursed to the family.

(iv) If the amount collected is in excess of the amount required to be distributed under subparagraphs (i), (ii), and (iii) of this paragraph, such amount shall be distributed to satisfy unassigned pre-assistance arrears and shall be disbursed to the family.

(v) If the amount collected is in excess of the amount required to be distributed under subparagraphs (i), (ii), (iii), and (iv) of this paragraph, such amount shall be distributed to satisfy permanently-assigned arrears and shall be disbursed to the social services district.

(vi) If the amount collected is in excess of the amount required to be distributed under subparagraphs (i), (ii), (iii), (iv), and (v) of this paragraph, such amount shall be distributed to satisfy unassigned during-assistance arrears and shall be disbursed to the family.

(vii) If the amount collected is in excess of the amount required to be distributed under subparagraphs (i), (ii), (iii), (iv), (v), and (vi) of this paragraph, such amount shall be distributed to satisfy any recovery of assigned costs for legal services provided on behalf of an applicant pursuant to section 347.17 of this Part, and shall be disbursed to the social services district.

(4) Never-assistance cases. For any amount collected in a month for never-assistance cases, distribution shall be as follows:

(i) Any amount that is collected in a month shall be distributed to the required support obligation and shall be disbursed to the family; provided, however, where the collections disbursed to the family for the Federal fiscal year exceed $500, the first $25 of such collections shall be deducted for the annual service fee imposed pursuant to section 347.17 of this Part, and such deduction shall be disbursed to the social services district. For purposes of the annual service fee only, a case which has never received public assistance pursuant to section 369.2 of this Title is deemed a never-assistance case and shall be subject to the annual service fee when collections received under this subdivision or subdivision (d) for the Federal fiscal year exceed $500 and are disbursed to the family.

(ii) If the amount collected is in excess of the amount required to be distributed under subparagraph (i) of this paragraph, such amount shall be distributed to the required support obligation and shall be disbursed to the family.

(iii) If the amount collected is in excess of the amount required to be distributed under subparagraphs (i) and (ii) of this paragraph, such amount shall be distributed to never-assigned arrears and shall be disbursed to the family.

(iv) If the amount collected is in excess of the amount required to be distributed under subparagraphs (i), (ii) and (iii) of this paragraph, such amount shall be distributed to satisfy any recovery of assigned costs for legal services provided on behalf of an applicant pursuant to section 347.17 of this Part, and shall be disbursed to the social services district.

(5) Medical assistance-only cases. For any amount collected in a month for medical assistance-only cases, distribution shall be as follows:

(i) Any amount that is collected in a month shall be distributed to the required cash medical support obligation for that month and shall be disbursed to the social services district.

(ii) If the amount collected is in excess of the amount required to be distributed under subparagraph (i) of this paragraph, such amount shall be distributed to satisfy any cash medical support arrears and shall be disbursed to the social services district.

(iii) When a family becomes ineligible for medical assistance, the assignment of medical support rights pursuant to section 360-3.2 of this Title terminates, except for the amount of any cash medical support obligations that have accrued under such assignment. Any cash medical support collected in a month for former medical assistance-only cases shall be distributed to satisfy such obligations and shall be disbursed to the social services district.

(6) Foster care cases. For any amount collected in a month for foster care cases, distribution shall be as follows:

(i) Any amount that is collected in a month shall be distributed to the required monthly support obligation for that month and shall be disbursed to the social services district.

(ii) If the amount collected is in excess of the amount required to be distributed under subparagraph (i) of this paragraph, such amount shall be distributed to satisfy any arrears and shall be disbursed to the social services district.

(iii) When the social services district ceases making foster care maintenance payments, any assignment of the right to support terminates except for the amount of any arrears that have accrued under the assignment, or are otherwise due to the social services district and any support collected in a month for former foster care cases shall be distributed to satisfy such arrears and shall be disbursed to the social services district.

(d)Distribution of Federal income tax refund offsets.

(1) For the purposes of distribution under this subdivision, any amount of support collected as a result of Federal income tax refund offset shall be applied to cases pursuant to section 346.9 of this Title.

(2) Current-assistance and former-assistance cases. Support collections through Federal income tax refund offsets shall be distributed within a case as follows:

(i) Any amount that is collected shall be distributed to satisfy permanently-assigned arrears and shall be disbursed to the social services district.

(ii) If the amount collected is in excess of the amount required to be distributed under subparagraph (i) of this paragraph, such amount shall be distributed as follows:

(a) in a current-assistance case, to satisfy temporarily-assigned arrears which accrued under assignments made before October 1, 2009, or conditionally-assigned arrears where the temporarily-assigned arrears that accrued under a prior assignment converted to conditionally-assigned arrears when the family previously became ineligible for public assistance, and shall be disbursed to the social services district;

(b) in a former-assistance case, to satisfy conditionally-assigned arrears which accrued under assignments made before October 1, 2009, and shall be disbursed to the social services district.

(iii) If the amount collected is in excess of the amount required to be distributed under subparagraphs (i) and (ii) of this paragraph, such amount shall be distributed to satisfy never-assigned arrears and shall be disbursed to the family.

(iv) If the amount collected is in excess of the amount required to be distributed under subparagraphs (i), (ii), and (iii) of this paragraph, such amount shall be distributed to unassigned pre-assistance arrears and shall be disbursed to the family.

(v) If the amount collected is in excess of the amount required to be distributed under subparagraphs (i), (ii), (iii), and (iv) of this paragraph, such amount shall be distributed to satisfy unassigned during-assistance arrears and shall be disbursed to the family.

(3) Never-assistance cases. Support collections through Federal income tax refund offsets in never-assistance cases shall be distributed and disbursed to the family; provided, however, where the collections disbursed to the family for the Federal fiscal year exceed $500, the first $25 of such collections shall be deducted for the annual service fee imposed pursuant to section 347.17 of this Part, and such deduction shall be disbursed to the social services district. For purposes of the annual service fee only, a case which has never received public assistance pursuant to section 369.2 of this Title is deemed a never-assistance case and shall be subject to the annual service fee when collections received under this subdivision or subdivision (c) for the Federal fiscal year exceed $500 and are disbursed to the family.

(4) Medical assistance-only cases. Support collections through Federal income tax refund offsets in medical assistance-only cases shall be distributed within a case as follows:

(i) Any amount that is collected shall be distributed to satisfy any cash medical support arrears and shall be disbursed to the social services district.

(ii) When a family becomes ineligible for medical assistance, the assignment of medical support rights pursuant to section 360-3.2 of this Title terminates, except for the amount of any cash medical support arrears that have accrued under such assignment. Any support collected in a month for former medical assistance-only cases shall be distributed to satisfy such cash medical support arrears and shall be disbursed to the social services district.

(5) Foster care cases. Support collections through Federal income tax refund offsets in foster care cases shall be distributed within a case as follows:

(i) Any amount that is collected shall be distributed to satisfy any arrears and shall be disbursed to the social services district.

(ii) When the social services district ceases making foster care maintenance payments, any assignment of the right to support terminates except for the amount of any arrears that have accrued under the assignment, and any support collected in a month for former foster care cases shall be distributed to satisfy such arrears and shall be disbursed to the social services district.

(e)Timeframes for disbursement.

(1) Support collections received by the support collection unit and distributed pursuant to this section shall be disbursed within the following timeframes:

(i) distributions to the social services district pursuant to subparagraphs (c)(2)(i), (ii), (iii), and (3)(v) of this section, pursuant to a public assistance assignment under section 369.2 or 370.2 of this Title, shall be disbursed to the social services district by the support collection unit within two business days of the end of the month in which the support collection was received by the support collection unit;

(ii) distributions to the social services district pursuant to subparagraphs (c)(5)(i), (ii), and (iii) of this section pursuant to an assignment of medical assistance under section 360-3.2 of this Title shall be disbursed to the social services district by the support collection unit within two business days of the end of the month in which the support collection was received by the support collection unit;

(iii) distributions to the social services district pursuant to subparagraphs (c)(6)(i), (ii), and (iii) of this section pursuant to a foster care assignment under section 426.8 of this Title shall be disbursed to the social services district by the support collection unit within two business days of the end of the month in which the support collection was received by the support collection unit;

(iv) distributions to the family pursuant to subparagraphs (c)(2)(iv), (v), (vi) and (vii) of this section shall be disbursed to the family by the support collection unit within two business days of the end of the month in which the support collection was received by the support collection unit;

(v) distributions to the family pursuant to subparagraphs (c)(3)(i), (ii), (iii), and (iv) of this section for the month after the month the family received its last public assistance payment shall be disbursed to the family by the support collection unit within two business days of the date on which the support collection was received by the support collection unit;

(vi) distributions to the family pursuant to subparagraphs (c)(3)(vi) of this section for the month after the month the family received its last public assistance payment shall be disbursed to the family by the support collection unit within two business days of the end of the month in which the support collection was received by the support collection unit;

(vii) distributions to the family pursuant to subparagraphs (c)(4)(i), (ii), and (iii) of this section in a never-assistance case shall be disbursed to the family by the support collection unit within two business days of the date on which the support collection was received by the support collection unit;

(viii) support collected by the support collection unit for a never-assistance case in which an annual fee is deducted pursuant to subparagraphs (c)(4)(i) and paragraph (d)(3) of this section or for a case in which there is a recovery of costs for legal services reimbursed pursuant to subparagraphs (c)(3)(vii) and (4)(iv) this section, the deducted annual fee or recovery for legal services shall be disbursed to the social services district by the support collection unit within two business days of the end of the month in which the support collection was received by the support collection unit.

(2) Support collections received by the office as a result of Federal income tax refund offsets pursuant to subparagraphs (d)(2)(i) and (ii), (4)(i) and (ii), and (5)(i) and (ii) of this section shall be disbursed to the social services district within 30 calendar days of the date of initial receipt by the office.

(3) Support collections received by the office as a result of Federal income tax refund offsets pursuant to subparagraphs (d)(2)(iii), (iv), and (v), and paragraph (3) of this section shall be disbursed to the family within 30 calendar days of the date of initial receipt by the office, except in cases where a Federal income tax refund offset is being made to satisfy arrears owed to a family based on a joint return pursuant to section 346.9 of this Title. In such cases, distribution of the Federal income tax refund may be delayed until the support collection unit has been notified that the unobligated spouse's proper share of the refund has been paid or for a period not to exceed six months, whichever is earlier.

(4) In cases involving the interstate collection of support, amounts collected by a support collection unit of this state on behalf of another state shall be disbursed to the other state by this state within two business days of the date on which the support collection was received by the support collection unit.

(f)Disbursements to the social services district.

Support collections disbursed to a social services district shall be treated as follows:

(1) From collections disbursed to the social services district pursuant to subparagraph (c)(2)(i) of this section, reduce the cumulative amount of unreimbursed assistance by the total amount of reimbursement for public assistance disbursed to the social services district, and pay the family a pass-through payment pursuant to section 352.15(b) of this Title.

(2) From the entire amount of collections disbursed to the social services district pursuant to paragraph (c)(2) of this section and subparagraphs (d)(2)(i) and (ii) of this section, reduce the cumulative amount of unreimbursed assistance by the total amount of reimbursement for public assistance disbursed to the social services district, and pay to the family those support collections disbursed to the social services district which exceed the cumulative amount of unreimbursed assistance pursuant to section 352.15(c) of this Title.

(3) From collections disbursed to the social services district pursuant to subparagraphs (c)(5)(i) and (ii) of this section or subparagraph (d)(4)(i) of this section, reimburse medical assistance expenditures pursuant to section 360-3.2 of this Title for the individual(s) covered by the order of support.

(4) From collections disbursed to the social services district pursuant to subparagraph (c)(5)(iii) of this section or subparagraph (d)(4)(ii) of this section, reimburse past medical assistance expenditures pursuant to section 360-3.2 of this Title for the individual(s) covered by the order of support.

(5) From collections disbursed to the social services district pursuant to subparagraph (c)(6)(i) of this section, reimburse foster care maintenance payments made during the month on behalf of the child covered by the order of support. If the amount of collections disbursed to the social services district for the month pursuant to subparagraph (c)(6)(i) of this section is in excess of the monthly amount of the foster care maintenance payment, but not more than the required monthly support obligation, the excess payment amount shall be provided to the social services district responsible for supervising the child's placement and care, who may use those payments in the manner it determines will serve the best interests of the child, including setting such payments aside for the child's future needs or making all or part of the amount thereof available to the person responsible for meeting the child's daily needs to be used for the child's benefit.

(6) From collections disbursed to the social services district pursuant to subparagraph (c)(6)(ii) of this section or subparagraph (d)(5)(i) of this section, reimburse any past foster care maintenance payments which were made with respect to the child and for which past collections have not previously been distributed, up to the total amount of unreimbursed foster care maintenance payments. Any remaining balance shall be used by the social services district responsible for supervising the placement of the child in accordance with paragraph (5) of this subdivision. If the amount of collections disbursed to the social services district is in excess of the amount necessary to reimburse any past foster care maintenance payments which were made with respect to the child, any remaining balance shall be used to reimburse the social services district responsible for supervising the child's placement and care, who may use the collections to serve the best interests of the child as specified in paragraph (5) of this subdivision.

(7) From collections disbursed to the social services district pursuant to subparagraph (c)(6)(iii) of this section or subparagraph (d)(5)(ii) of this section, reimburse the social services district for an amount equal to past foster care maintenance payments which were made with respect to the child(ren) covered by the order of support.

(g)State and Federal share of collections.

The State and Federal government share of support collections disbursed to a social services district pursuant to subdivision (f) of this section shall be as follows:

(1) From support collections disbursed to a social services district pursuant to a public assistance assignment under section 369.2 of this Title, the State and Federal government shall be paid their respective shares of the entire amount collected above any excepted portion of those collections, not to exceed the State and Federal shares of the amount assigned.

(2) From support collections disbursed to a social services district pursuant to a medical support rights assignment under section 360-3.2 of this Title, the State and Federal government shall be paid their respective shares of the reimbursed medical care expenditures for the month.

(3) From support collections disbursed to a social services district pursuant to a foster care assignment of support rights under section 426.8 of this Title, or otherwise disbursed to the social services district, the State and Federal government shall be paid their respective shares of the foster care maintenance payments made to the extent of the State and Federal government's participation in financing the foster care maintenance payments.

(4) From the Federal government's share pursuant to paragraphs (1), (2), and (3) of this subdivision, the social services district shall adjust such amount for incentive payments pursuant to section 347.16 of this Part.

N.Y. Comp. Codes R. & Regs. Tit. 18 § 347.13

Adopted New York State Register May 4, 2016/Volume XXXVIII, Issue 18, eff. 5/4/2016