N.Y. Comp. Codes R. & Regs. tit. 18 § 347.25

Current through Register Vol. 46, No. 22, May 29, 2024

Section 347.25 - Desk reviews of the distribution and disbursement of support collections

(a)Purpose of desk review.

(1) A desk review is an accounting of the distribution and disbursement of support collections made on behalf of a current or former recipient of public assistance who is or was receiving child support enforcement services (recipient).

(2) A desk review is conducted upon receipt of a standard, completed first-level desk review form from a recipient who believes that the distribution and disbursement of support collections made pursuant to section 347.13 of this Part was incorrect. It involves an examination of information contained in child support enforcement accounts and public assistance case records, and shall result in a written determination to the recipient which includes an explanation of how the support collection unit and the public assistance unit within the social services district distributed and disbursed support collections received on behalf of the recipient for the month(s) reviewed.

(3) A desk review is conducted by the support collection unit and public assistance unit. A second- level review is available from the office, only after completion of a first-level desk review by the support collection unit and public assistance unit.

(b)Period subject to review.

A desk review shall be limited to an accounting of the distributions and disbursements of support collections made during the calendar year in which the desk review is requested and the calendar year preceding the calendar year in which the desk review is requested.

(c)Eligible requestors.

A desk review may be requested by a recipient for the month(s) during which an assignment of support rights was in effect pursuant to New York State law and regulations.

(d)First-level desk review request procedures.

(1) A desk review must be requested by a recipient submitting to the support collection unit a completed, standard first-level desk review request form signed by the recipient.

(2) The recipient must specify on the first-level desk review request form the reason(s) for requesting the review, the month(s) for which a review is requested, and the type of payment in question as a result of the distribution and disbursement of collections received, which can be one or more of the following:

(i) pass-through payments;

(ii) excess current support payments for collections made on or before June 30, 2009; and/or

(iii) cumulative excess support payments.

(e)Support collection unit review.

(1) The support collection unit shall receive the completed first-level desk review request form, conduct a review of the distribution and disbursement of support collections, and forward the results of the review to the public assistance unit no later than 15 business days from the date of receipt of a completed first-level desk review request form.

(2) The support collection unit must review the first-level desk review request form to ensure that the recipient has provided the following:

(i) all necessary information to identify the recipient, the recipient's public assistance case number(s), and the child support account number(s);

(ii) the recipient's current mailing address;

(iii) the type of payment for which the review is requested;

(iv) the month(s) for which the review is requested;

(v) the factors which the recipient believes led to recipient's non-receipt of the type of payment for which the review is requested; and

(vi) the recipient's signature.

(3) The support collection unit must ascertain the types of information needed to complete the first-level desk review. If the recipient did not provide the necessary information, the support collection unit must make reasonable efforts to ascertain the information. All efforts made by the support collection unit to ascertain the information must be fully documented.

(4) If the support collection unit needs to ascertain information and is unable to obtain the required information, the support collection unit should proceed on the basis of the available information.

(5) The support collection unit shall conduct a conference with the recipient, if requested on the desk review form, within seven business days of receipt of the first-level desk review form.

(6) Based on the information and documentation pertaining to the distribution and disbursement of support collections for the month(s) under review, the support collection unit shall:

(i) identify the support collections received for the month(s) in question;

(ii) determine the distribution and disbursement of those support collections in accordance with section 347.13 of this Part; and

(iii) provide the public assistance unit with a report of the results of subparagraphs (i) and (ii) of this paragraph on a standard form issued by the office for such purpose.

(f)Public assistance unit review.

(1) The public assistance unit shall receive, as necessary, the report of the distribution and disbursement of support collections from the support collection unit and shall conduct a review of public assistance records no later than 45 business days from the support collection unit's receipt of a properly completed first-level desk review request form.

(2) Based on the information and documentation pertaining to the distribution and disbursement of support collections for the month(s) under review, as forwarded to the public assistance unit by the support collection unit, the public assistance unit shall:

(i) ascertain the types of information needed to complete the first-level desk review. If the recipient did not provide the necessary information, the public assistance unit must make reasonable efforts to ascertain the information. All efforts made by the public assistance unit to ascertain the information must be fully documented, and should include, but are not limited to, ascertaining public assistance reimbursement information and amounts of unreimbursed assistance;

(ii) calculate the amount of the pass-through and excess support payments the recipient was entitled to receive in accordance with section 352.15 of this Title;

(iii) compare that result to the amount(s) actually disbursed to the recipient for the month(s) in question and determine the results of the desk review on a standard form issued by the office for such purpose.

(g)Results of review.

(1) The public assistance unit must issue the first-level desk review determination to the recipient within 45 business days of the support collection unit's receipt of a properly completed first-level desk review request form. The first-level desk review determination must report the results of the desk review on a standard form issued by the office for such purpose and indicate one of the following:

(i) no additional payment is due to the recipient;

(ii) an additional payment is due to the recipient; or

(iii) the recipient has received an overpayment.

(2) The public assistance unit shall mail the first-level desk review determination to the recipient by first class mail and shall include a copy of any:

(i) worksheet(s) used as part of the review process; and

(ii) documentation considered in the first-level desk review.

(3) The first-level desk review determination will advise the recipient that a second-level review by the office may be requested if the recipient disputes specific facts contained in the first-level desk review determination. The first-level desk review determination will include the form and instructions for the submission of a request for the second-level review, and a notice of the opportunity for the recipient to provide additional but previously unavailable documentation to the office for consideration in the second-level review.

(4) A copy of the first-level desk review determination shall be provided to the support collection unit by the public assistance unit, and a copy shall be retained by the public assistance unit.

(5) The public assistance unit shall issue a payment to the recipient pursuant to section 352.15 of this Title within 30 calendar days of the determination or initiate recovery of an overpayment from the recipient pursuant to section 352.31 of this Title if either such action is found to be appropriate as a result of the first-level desk review determination.

(h)Second-level desk review request procedures.

(1) Recipients may request a second-level review of the first-level desk review determination within 20 business days of the date of the first-level desk review determination.

(2) A second-level review must be requested by a recipient by submitting to the office a completed, standard second-level request form signed by the recipient specifying the facts in dispute. The request must include a copy of the first-level desk review determination and any additional but previously unavailable documentation.

(3) The office shall receive the completed second-level request form, review the accuracy of the first-level desk review determination with respect to the facts in dispute, and consider any additional but previously unavailable documentation submitted by the recipient for the month(s) for which the first-level review was conducted.

(4) The office shall issue a written response to the recipient within 30 business days of receipt of the recipient's request for the second-level review, or within 60 business days of receipt of the recipient's request for a second-level review if the review period is extended pursuant to paragraph (5) of this subdivision. The written response shall include a statement:

(i) confirming the results of the first-level desk review determination that no additional payment is due to the recipient;

(ii) amending the results of the first-level desk review determination and finding that an additional payment is due to the recipient; or

(iii) amending the results of the first-level desk review determination and finding that the recipient has received an overpayment.

(5) As a result of the information or documentation received with the second-level review form, if the office needs to ascertain information or obtain documentation from the support collection unit or public assistance unit to complete the second-level review, the 30-day review period is extended for no more than 30 additional business days in order to provide sufficient time for response.

(6) The second-level determination shall be mailed to the recipient by first class mail and include a copy of any:

(i) revised and/or additional worksheets; and

(ii) new documentation considered in the second-level determination.

(7) The second-level determination will advise the recipient that a review under article 78 of the Civil Practice Law and Rules of the office's second-level determination may be filed if the recipient disputes specific facts contained in that determination. Further, the recipient will be provided the telephone number of a local not-for-profit legal services corporation to contact for assistance.

(8) A copy of the second-level determination shall be sent to the support collection unit and to the public assistance unit.

(9) The copy sent to the public assistance unit shall include direction to issue a payment to the recipient pursuant to section 352.15 of this Title within 30 calendar days of the determination or to initiate recovery of an overpayment from the recipient pursuant to section 352.31 of this Title if either such action was found to be appropriate as a result of the second-level determination.

N.Y. Comp. Codes R. & Regs. Tit. 18 § 347.25

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