Establishing Paternity and Securing Support; Correction

ACTION TRANSMITTAL

OCSE-AT-86-16

DATE: August 1, 1986

TO: STATE AGENCIES ADMINISTERING CHILD SUPPORT ENFORCEMENT PLANS UNDER TITLE IV-D OF THE SOCIAL SECURITY ACT AND OTHER INTERESTED INDIVIDUALS

SUBJECT: Establishing Paternity and Securing Support; Correction

ATTACHMENT: Attached is a Federal Register notice that corrects the final regulation published on May 9, 1985 (50 FR 19608), which erroneously deleted 45 CFR 302.31(a)(3) concerning the treatment of assigned support payments received directly and retained by AFDC applicants and recipients. On August 27, 1985, regulations were published in the Federal Register (50 FR 34693) which revised the related 45 CFR 303.80, Recovery of direct payments. The latter regulation referenced 45 CFR 302.31(a)(3) but neglected to reinstate it.

EFFECTIVE DATE: July 15, 1986

REGULATION REFERENCE: 45 CFR 302.31(a)(3)

RELATED REFERENCES: OCSE-AT-85-6, dated May 9, 1985 and OCSE-AT-85-13, dated September 18, 1985.

INQUIRIES TO: OCSE Regional Representatives

______________________________

Robert C. Harris
Deputy Director for Policy, Program and Audit

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Office of Child Support Enforcement

45 CFR Part 302

Establishing Paternity and Securing Support; Correction

AGENCY: Office of Child Support Enforcement.

ACTION: Final Rule

SUMMARY: This document corrects a final rule that appeared in the Federal Register (50 FR 19608) on May 9, 1985, which erroneously deleted 45 CFR 302.31(a)(3) concerning the treatment of assigned support payments received directly and retained by AFDC applicants and recipients. On August 27, 1985 regulations were published in the Federal Register (50 FR 34693) which revised the related 45 CFR 303.80, Recovery of direct payments. The latter regulation referenced 45 CFR 302.31(a)(3) but neglected to reinstate it.

EFFECTIVE DATE: July 15, 1986.

FOR FURTHER INFORMATION CONTACT: Carol Jordan, (301) 443-5350

List of Subjects in 45 CFR Part 302

Child welfare, Grant programs-Social programs.

PART 302-[AMENDED]

Accordingly, 45 CFR Part 302 is amended as set forth below:

1. The authority citation for Part 302 continues to read as follows:

Authority: 42 U.S.C. 652 through 658, 665, 666, 667, and 1302, unless otherwise noted.

2. Section 302.31 is amended by adding paragraph (a)(3) to read as follows:

§ 302.31 Establishing paternity and securing support.

The State plan shall provide that:

(a) The IV-D agency will undertake:

* * * * *

(3) When assigned support payments are received and retained by an AFDC recipient to proceed as follows:

(i) In States that implement the IV-A State plan requirements to count retained support payments as income under 45 CFR233.20(a)(3)(v), the IV-D agency shall notify the IV-A agency whenever it discovers that directly received payments are being, or have been, retained; or

(ii) In States that do not implement the IV-A State plan requirements to count retained support payments as income to meet need, the IV-D agency shall recover the retained support payments.

This recovery by the IV-D agency shall be carried out in accordance with the standards for program operations provided in § 303.80 of this chapter.

* * * * *

(Catalog of Federal Domestic Assistance Program No. 13679, Child Support Enforcement Program.)

Dated: July 7, 1988.

Wallace O. Keene,

Acting Deputy Assistant Secretary for Management Analysis and Systems.

[FR Doc. 86-15757 Filed 7-14-86; 8:45 a.m.]

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