N.Y. Comp. Codes R. & Regs. tit. 18 § 347.12

Current through Register Vol. 46, No. 25, June 18, 2024

Section 347.12 - Reporting support collections for public assistance, medical assistance-only and foster care cases

(a) Where support is collected for a public assistance, medical assistance-only, or foster care case with respect to a recipient for whom an assignment of support rights under section 369.2, 370.2, 360-3.2, or 426.8 of this Title is effective, such collections received by the support collection unit shall be distributed and disbursed to the social services district and shall not be distributed and disbursed directly to the family except as provided in subdivision (b) of this section.

(b) In any case in which support is collected for a recipient of public assistance with respect to whom an assignment of support rights under section 369.2 or 370.2 of this Title is effective, and where arrears are due to the family pursuant to section 347.13 of this Part, such collections on those arrears shall be distributed and disbursed directly to the family.

(c) An amount which represents the required monthly support obligation for one month, or the cash medical support obligation for one month in a medical assistance-only case, must be determined from the order of support. If the order of support is set out in a frequency other than monthly, it must be converted to an amount which represents the required monthly support obligation.

(d) Any amount collected in a month which exceeds the required monthly support obligation or the cash medical support obligation determined pursuant to subdivision (c) of this section represents a collection towards the required monthly support obligation or cash medical support obligation for past months.

(e) As soon as possible, but not later than 10 business days after the end of a month, the support collection unit will inform the public assistance unit, the medical-assistance unit and foster care unit of the social services district of the amount of the collection which represents payment on the required monthly support obligation for that month, or the cash medical support obligation for that month in a medical assistance-only case, and for past months as determined pursuant to section 347.13 of this Part.

(f) When the public assistance unit is informed of the amount pursuant to subdivision (e) of this section, the public assistance unit must determine pursuant to section 352.31(a)(6) of this Title if the amount collected will affect the family's eligibility for public assistance payments. If the amount collected represents payment on the required monthly support obligation for that month and is sufficient to make the family ineligible for a public assistance payment pursuant to this Title, the public assistance unit must notify the support collection unit of such fact, except in those cases pursuant to Part 358 of this Title in which a family is nevertheless entitled to a public assistance payment pending the result of a hearing.

(g) Upon notice from the public assistance unit that the family is no longer eligible for public assistance pursuant to subdivision (f) of this section, or upon notice from the medical assistance or foster care units that the family is no longer in receipt of medical assistance or that foster care maintenance payments have terminated, the support collection unit must notify the family pursuant to section 347.17 of this Part that the support collection unit will continue to distribute and disburse collections received pursuant to section 347.13 of this Part.

(h) Where the entire amount of support collected is distributed and disbursed to the social services district pursuant to subdivision (a) of this section and that disbursement exceeds the cumulative amount that the family actually received as public assistance, such excess shall be paid to the family pursuant to section 352.15(c) of this Title.

N.Y. Comp. Codes R. & Regs. Tit. 18 § 347.12

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