WSR 97-20-112

EMERGENCY RULES

DEPARTMENT OF

SOCIAL AND HEALTH SERVICES

(Economic Services Administration)

(Public Assistance)

[Filed September 30, 1997, 3:23 p.m., effective October 1, 1997]

Date of Adoption: September 30, 1997.

Purpose: Follows requirements of federal law, changing nature of assignment made by public assistance recipient as of October 1, 1997; follows requirements of federal law regarding distribution of child support payments.

Citation of Existing Rules Affected by this Order: Amending WAC 388-14-200 and 388-14-270.

Statutory Authority for Adoption: RCW 74.20A.310, Public Law 104-193, Personal Responsibility and Work Opportunity Reconciliation Act of 1996.

Under RCW 34.05.350 the agency for good cause finds that immediate adoption, amendment, or repeal of a rule is necessary for the preservation of the public health, safety, or general welfare, and that observing the time requirements of notice and opportunity to comment upon adoption of a permanent rule would be contrary to the public interest; and that state or federal law or federal rule or a federal deadline for state receipt of federal funds requires immediate adoption of a rule.

Reasons for this Finding: Federal and state law require a change in the effect of the assignment made by a public assistance recipient, and a change in the distribution of child support payments, both to be effective October 1, 1997. The Washington state child support program must be brought in to conformance with statutory requirements, or the state IV-D plan will be in violation of federal standards for financial participation.

Number of Sections Adopted in Order to Comply with Federal Statute: New 2, amended 2, repealed 0; Federal Rules or Standards: New 2, amended 2, repealed 0; or Recently Enacted State Statutes: New 2, amended 2, repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, amended 0, repealed 0.

Number of Sections Adopted on the Agency's own Initiative: New 0, amended 0, repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 2, amended 2, repealed 0.

Number of Sections Adopted using Negotiated Rule Making: New 0, amended 0, repealed 0; Pilot Rule Making: New 0, amended 0, repealed 0; or Other Alternative Rule Making: New 0, amended 0, repealed 0.

Effective Date of Rule: October 1, 1997.

September 30, 1997

Jerry W. Friedman

Assistant Secretary

Economic Services Administration

AMENDATORY SECTION (Amending WSR 92-13-026, filed 6/9/92, effective 7/10/92)

WAC 388-14-200 ((Eligibility--AFDC and FIP--)) Accepting public assistance requires an assignment of support rights((--Cooperation with office of support enforcement--Effect of noncooperation)). ((This section establishes the initial and continuing requirements of eligibility for aid to families with dependent children and for family independence program services.))

(1) ((Beginning August 1, 1975, as a condition of eligibility for assistance, each applicant/recipient shall make assignment to the office of support enforcement of any and all right, title, and interest in any support obligation the applicant/recipient may have. This includes support rights of any other family member for whom the applicant/recipient is applying for or receiving financial assistance. It also includes rights to support which have accrued at the time such assignment is executed. Through this assignment, the applicant/recipient authorizes the office of support enforcement to provide support enforcement services for the family, and to continue to provide services after the family stops receiving assistance, under the same conditions regarding the physical custodian's obligation to cooperate with OSE, as are in effect at the time assistance terminates, until services are terminated under this chapter.)) For purposes of this rule, "family" means "assistance unit."

(2) ((When the)) By accepting cash assistance under temporary assistance for needy families (TANF), an applicant/recipient ((satisfies subsection (1) of this section, the department may require further cooperation by the applicant/recipient as a continuing condition of eligibility for assistance unless the department determines)) assigns to the state the right to collect and keep child support owing to the applicant/recipient ((has good cause not to cooperate under WAC 388-24-111. The)) or to anyone in the applicant/recipient's ((cooperation includes, but is not limited to, assisting the office of support enforcement in or by doing the following:

(a) Identifying and locating absent parents by providing:

(i) Relevant information known to, possessed by, or reasonably obtainable by the applicant/recipient about the absent parent, such as the absent parent's:

(A) Name and known aliases;

(B) Address;

(C) Telephone number or numbers;

(D) Social Security Number;

(E) Employment history; and

(F) Physical description.

(ii) Data regarding the date and place of marriage, separation, divorce, or dissolution, and copies of any documents, reasonably obtainable without fee, including any court orders establishing paternity and/or support obligations;

(iii) Information establishing the support debt amount accrued before the application. Applicants shall give information at the time of application and/or at a later time, if requested by the office of support enforcement, to supplement existing information.

(b) Notifying the office of support enforcement when there are changes in information concerning the absent parent;

(c) Establishing the paternity of a child the applicant shall:

(i) Take reasonable action requested by the office, the prosecuting attorneys, the attorney general, private attorneys compensated under RCW 74.20.350, courts, or other agencies in:

(A) Administrative hearings;

(B) Actions to establish paternity; or

(C) Investigations preparatory or supplementary to such hearings or actions.

(ii) Assist in the development of medical and anthropological evidence relating to the alleged father's paternity based on tests performed by experts on the mother and the child.

(d) Establishing and collecting support and/or obtaining support payments or other payments or property due the applicant/recipient or a dependent child. The applicant shall take reasonable action requested by the office of support enforcement, the prosecuting attorney, the attorney general, the private attorney compensated under RCW 74.20.350, courts or other agencies in:

(i) Administrative hearings; or

(ii) Actions to establish or collect support obligations; or

(iii) Investigations preparatory or supplementary to such hearings or actions.

(e) Remitting support payments the applicant/recipient receives, from any person or agency, to the office of support enforcement within eight days of receipt of said payments;

(f) Executing a repayment agreement and repaying retained support moneys under the agreement)) family.

(3) By accepting cash assistance, an applicant/recipient ((may attest to the lack of information, under penalty of perjury, if the applicant/recipient:

(a) Submits to an interview:

(i) Conducted by the office of support enforcement, a prosecuting attorney, the attorney general, or a private attorney compensated under RCW 74.20.350; and

(ii) Answers questions intended to obtain relevant information.

(b) Does not know, or possess, or cannot reasonably obtain the department's requested information)) authorizes the IV-D agency to provide support enforcement services for the family during the assistance period and after assistance terminates, under the same conditions until the support enforcement case is closed.

(4) ((The department shall consider an)) Conditions of the assignment depend on the date the applicant/recipient ((who attests to the lack of information to be cooperating, as required under this section, unless the:)) applies for cash assistance under TANF.

(a) For applications prior to October 1, 1997, the applicant/recipient ((fails or refuses to submit to an interview and answer questions;)) permanently assigns preassistance arrears and amounts that accrue while the family is receiving assistance.

(b) ((Department produces credible evidence which shows that the applicant/recipient's attestation is false; or)) For applications between October 1, 1997 and September 30, 2000:

(i) The applicant/recipient permanently assigns rights to support that accrues during the assistance period;

(ii) The applicant/recipient permanently assigns rights to preassistance support arrears, if such amounts can be collected by federal income tax offset; and

(iii) The applicant/recipient temporarily assigns preassistance support rights which cannot be collected by federal income tax offset until the later of October 1, 2000 or the date the family stops receiving assistance.

(c) For applications on or after October 1, 2000:

(i) The applicant/recipient ((previously gave inconsistent information for which the applicant/recipient has no reasonable explanation)) permanently assigns rights to support that accrues during the assistance period;

(ii) The applicant/recipient permanently assigns rights to preassistance support arrears, if such amounts can be collected by federal income tax offset; and

(iii) The applicant/recipient temporarily assigns preassistance support rights which cannot be collected by federal income tax offset until date the family stops receiving assistance.

(5) ((The department may not:

(a) Refuse to allow the applicant/recipient to sign an attestation; or

(b) Sanction the applicant/recipient for failure to cooperate merely because previous attempts to identify an absent parent resulted in blood test results excluding the person identified.

However, the applicant/recipient, must cooperate with any necessary retesting.

(6) If the office, the prosecuting attorney, the attorney general, or a private attorney compensated under RCW 74.20.350, believes the applicant/recipient is not cooperating, they shall send notice of the alleged noncooperation to the community services office and the applicant/recipient. The notice shall be evidence of noncooperation and shall include a statement:

(a) Explaining how the applicant/recipient failed to cooperate with that office, including what actions were required;

(b) Of the action that the office believes the applicant/recipient must take to resume cooperation;

(c) Informing the applicant/recipient that the:

(i) Same evidence is furnished to the community services office;

(ii) Applicant/recipient may contact the community services office immediately if the applicant/recipient disagrees with the evidence, needs assistance in order to cooperate, or believes the action required is unreasonable; and

(iii) Applicant/recipient's grant may be reduced or terminated if the IV-A agency determines, after a review of all of the evidence, that the applicant/recipient failed to cooperate.

(7) The department shall include in the notice of planned action either a:

(a) Copy of the evidence of noncooperation; or

(b) Statement of the evidence of noncooperation.

(8) If the applicant/recipient fails to cooperate by missing an interview without reasonable excuse, cooperation resumes when the applicant/recipient appears for a rescheduled interview and either provides information or attests to the lack of information. The office of support enforcement, prosecuting attorney, attorney general, or private attorney shall reschedule the interview within seven business days from the date the applicant/recipient contacts them to reschedule an interview.

(9) Cooperation resumes when the applicant/recipient performs the required action. The department shall reinstate the grant effective on the date cooperation resumes.

(10) If the applicant/recipient does not remit support moneys within eight days of receipt as required under WAC 388-14-200 (2)(e) and the applicant/recipient is currently receiving an AFDC grant, or cash benefits under the family independence program, the office of support enforcement shall:

(a) Document that the applicant/recipient has, in fact, received and retained support money and the amount of said money;

(b) Issue a notice of debt as provided under WAC 388-13-020 to the applicant/recipient to recover the payments, and the department shall include in such notice the following information:

(i) An explanation of the applicant/recipient's responsibility to cooperate by turning over the support money as a condition of eligibility for public assistance, and the sanction for failure to cooperate;

(ii) A list of the support money retained, including the dates and amounts as well as copies of any documentary evidence, such as copies of checks, front and back, the office possesses;

(iii) A proposed repayment agreement that may include a provision for a voluntary grant deduction;

(iv) An explanation that repaying retained support money according to a repayment agreement is a condition of cooperation;

(v) A statement that the recipient may request an informal meeting with the office, within twenty days of the date of service of the notice of debt, to:

(A) Clarify the recipient's responsibilities for cooperation; and

(B) Resolve differences regarding the existence or amount of the claim for unremitted support money and/or the proposed repayment agreement.

(vi) A statement that the recipient has the right to request a hearing under WAC 388-13-060 to contest the:

(A) Department's claim of ownership of the support money identified in the notice; and

(B) Reasonableness of the proposed repayment agreement.

(vii) A statement that the office will notify the community services office that the recipient failed to cooperate unless the recipient, within twenty days of the date of service of the notice of debt, executes the proposed repayment agreement, requests an informal meeting, or requests an adjudicative proceeding.

(11) The department shall base the repayment agreement on the:

(a) Applicant/recipient's total income and resources including the AFDC grant or cash benefits under the family independence program; and

(b) Total amount of retained support money.

(12) The monthly amount of the repayment shall not exceed ten percent of the:

(a) Grant payment standard during any month the applicant/recipient remains in public assistance status, or

(b) Cash benefits paid under the family independence program.

(13) When an applicant/recipient retains support money but is no longer an active recipient of public assistance money, the office of support enforcement, or the office of financial recovery, shall proceed under RCW 74.20A.270 and chapter 388-13 WAC, without reference to the procedural requirements of WAC 388-14-200(10).

(14) The office of support enforcement, or the office of financial recovery, shall notify the community services office when the recipient fails to cooperate if the recipient:

(a) Fails to sign a repayment agreement for the amount of retained support money claimed by the office in the notice of debt or as determined by an administrative law judge if a hearing is requested under WAC 388-13-060;

(b) Enters into a repayment agreement but subsequently fails to make a payment under the terms of the agreement, or fails to comply with the decision of the administrative law judge.

(15) The office of support enforcement, or the office of financial recovery, shall promptly notify the community services office when a recipient who has:

(a) Failed to enter into a repayment agreement, consents to do so and signs a repayment agreement; or

(b) Defaulted on an agreement or an administrative decision, makes a regularly scheduled payment according to the agreement or decision.

(16) Nothing in WAC 388-14-200 allows the department to make an otherwise eligible child ineligible for public assistance because of the applicant/recipient's failure to cooperate as defined in this section)) Amounts assigned may not exceed the lesser of the total amount of assistance provided to the family or the total amount of assigned support obligation.

[Statutory Authority: RCW 74.08.090. 92-13-026 (Order 3403), 388-14-200, filed 6/9/92, effective 7/10/92. Statutory Authority: RCW 74.20A.270. 90-05-022 (Order 2942), 388-14-200, filed 2/13/90, effective 3/16/90. Statutory Authority: 1988 c 275. 89-01-049 (Order 2738), 388-14-200, filed 12/14/88. Statutory Authority: RCW 74.08.090. 88-07-012 (Order 2606), 388-14-200, filed 3/4/88. Statutory Authority: RCW 74.20A.270. 85-20-085 (Order 2288), 388-14-200, filed 10/1/85. Statutory Authority: RCW 74.08.090. 80-01-026 (Order 1465), 388-14-200, filed 12/14/79; 78-09-053 (Order 1330), 388-14-200, filed 8/22/78; Order 1054, 388-14-200, filed 9/25/75.]

NEW SECTION

WAC 388-14-201 Cooperation with IV-D agency is a condition of eligibility for TANF. (1) After an applicant/recipient assigns to the IV-D agency rights to collect and distribute support monies, the applicant/recipient has to cooperate with the IV-D agency to remain eligible for assistance, unless the department determines there is good cause not to cooperate under WAC 388-215-1400 through 388-215-1490.

(2) Cooperation includes providing information and assistance to the IV-D agency. There may be penalties, called sanctions, for not providing information and assistance when required.

(3) In some cases, the applicant/recipient may not be sanctioned for not providing information, if the applicant/recipient attests to the lack of information. To avoid a sanction, an applicant/recipient must swear under penalty of perjury that he or she does not have the information, and must submit to an interview by the IV-D agency, a prosecuting attorney, the attorney general, or a private attorney compensated under RCW 74.20.350. At the interview, the applicant/recipient must answer all questions truthfully.

(4) An applicant/recipient will be sanctioned by the department if:

(a) The applicant/recipient fails to submit to the interview and answer questions;

(b) The department provides credible evidence showing that the applicant/recipient could have provided the information; or

(c) The applicant/recipient has previously given inconsistent or false information without a reasonable explanation.

(5) The department may not:

(a) Refuse an applicant/recipient the opportunity to swear he or she does not have the information; or

(b) Sanction an applicant/recipient just because previous attempts to identify an absent parent based on the applicant/recipient's information resulted in genetic testing which excluded the person identified. The applicant/recipient must cooperate in any retesting.

(6) Cooperation includes providing information and assistance to the IV-D agency as follows:

(a) Providing relevant information needed to identify and locate the absent parent, if known to, possessed by, or reasonably attainable by the applicant/recipient, including:

(i) Name and known aliases;

(ii) Address;

(iii) Telephone number or numbers;

(iv) Social security number;

(v) Employment history;

(vi) Physical description;

(vii) Data regarding the date and place of marriage, separation, divorce, or dissolution, and copies of any documents, reasonably obtainable without fee, including any court orders establishing paternity and/or support obligations; and

(viii) Information establishing the support debt amount accrued before the application.

(b) Notifying the IV-D agency when there are changes in information concerning the absent parent;

(c) Assisting in establishing the paternity of a child, or establishing and collecting support and/or obtaining support payments or property due the applicant/recipient or a dependent child, including taking reasonable action requested by the IV-D agency, the prosecuting attorney, the attorney general, private attorneys compensated under RCW 74.20.350, courts or other agencies during:

(i) Administrative hearings;

(ii) Action to establish paternity;

(iii) Action to establish or collect support obligations;

(iv) Investigations preparatory or supplementary to hearings or actions; and

(v) The development of medical and anthropological evidence relating to the alleged father's paternity based on tests performed by experts on the mother and the child.

(d) Remitting support payments the applicant/recipient receives, from any person or agency to the IV-D agency within eight days of receipt; and

(e) Executing a repayment agreement and repaying retained support monies under the agreement.

[]

NEW SECTION

WAC 388-14-202 Effects of noncooperation. (1) When the IV-D agency, the prosecuting attorney, the attorney general, or a private attorney compensated under RCW 74.20.350, believe an applicant/recipient is not cooperating, a notice of the alleged noncooperation must be sent to the applicant/recipient and to the community service office. Either a notice of noncooperation or a notice of planned action may serve as the basis for a sanction.

(a) A notice of noncooperation must include a statement:

(i) Explaining how the applicant/recipient failed to cooperate with that office, including what actions were required;

(ii) Of the action that the IV-D agency believes the applicant/recipient must take to resume cooperation;

(iii) Informing the applicant/recipient that the:

(A) Same evidence is furnished to the community service office;

(B) Applicant/recipient may contact the community services office immediately if the applicant/recipient disagrees with the evidence, needs assistance in order to cooperate, or believes the action required is unreasonable; and

(C) Applicant/recipient's grant may be reduced or terminated if the IV-A agency determines, after a review of all of the evidence, that the applicant/recipient failed to cooperate.

(b) A notice of planned action will include either:

(i) A copy of the evidence of noncooperation; or

(ii) A statement of the evidence of noncooperation.

(2) If the applicant/recipient fails to cooperate by missing an interview without reasonable excuse, cooperation resumes when the applicant/recipient appears for a rescheduled interview and either provides information or attests to the lack of information. The IV-D agency, prosecuting attorney, attorney general or private attorney must reschedule the interview within seven business days from the date the applicant/recipient contacts them to reschedule an interview.

(3) If the applicant/recipient fails to perform a required action, cooperation resumes when the applicant/recipient performs the required action. The department must reinstate the grant effective on the date cooperation resumes.

(4) If the applicant/recipient does not remit support monies within eight days of receipt as required under WAC 388-14-201(6)(d) and the applicant/recipient is currently receiving cash assistance, the IV-D agency shall:

(a) Document that the applicant/recipient has, in fact, received and retained support money and the amount of support money that was retained;

(b) Issue a notice of debt as provided under WAC 388-13-020 to the applicant/recipient to recover the payments.

(5) The department shall include the following information in the notice of debt:

(a) An explanation of the applicant/recipient's responsibility to cooperate by turning over the support money as a condition of eligibility for public assistance, and the sanction for failure to cooperate;

(b) A list of the support money retained, including the dates and amounts as well as copies of any documentary evidence the office possesses, such as copies of checks, front and back;

(c) A proposed repayment agreement that may include a provision for a voluntary grant deduction;

(d) An explanation that repaying retained support money according to a repayment agreement is a condition of cooperation;

(e) A statement that the recipient may request an informal meeting with the IV-D agency, within twenty days of the date of service of the notice of debt, to:

(i) Clarify the recipient's responsibilities for cooperation; and

(ii) Resolve differences regarding the existence or amount of the claim for unremitted support money and/or the proposed repayment agreement.

(f) A statement that the recipient has the right to request a hearing under WAC 388-13-060 to contest the:

(i) Department's claim of ownership of the support money identified in the notice; and

(ii) Reasonableness of the proposed repayment agreement.

(g) A statement that the IV-D agency will notify the community services office that the recipient failed to cooperate unless the recipient, within twenty days of the date of service of the notice of debt, executes the proposed repayment agreement, requests and informal meeting, or requests a hearing.

(6) The department will base the repayment agreement on the:

Applicant/recipient's total income and resources including the cash assistance benefits; and

(a) Total amount of retained support money.

(b) The monthly amount of the repayment must not exceed ten percent of the cash benefits paid under the TANF program.

(7) When an applicant/recipient retains support money but is no longer an active recipient of cash assistance, the IV-D agency, or the office of financial recovery, will proceed under RCW 74.20A.270 and chapter 388-13 WAC without reference to the procedural requirements of subsection (4) of this section.

(8) The IV-D agency, or the office of financial recovery, must notify the community services office when the recipient fails to cooperate if the recipient:

(a) Fails to sign a repayment agreement for the amount of retained support claimed by the IV-D agency in the notice of debt or as determined by the presiding officer if a hearing is requested under WAC 388-13-060; or

(b) Enters into a repayment agreement but subsequently fails to make a payment under the terms of the agreement, or fails to comply with the decision of the presiding officer.

(9) The IV-D agency, or the office of financial recovery, must promptly notify the community services office when:

(a) A recipient who has failed to enter into a repayment agreement, consents to do so and signs a repayment agreement; or

(b) A recipient who has defaulted on an agreement or an administrative decision, makes a regularly scheduled payment according to the agreement or decision.

[]

AMENDATORY SECTION (Amending WSR 97-13-092, filed 6/18/97, effective 7/19/97)

WAC 388-14-270 Distribution of support payments. (1) Under state and federal law, the IV-D agency ((shall)) may distribute support money it collects or receives((, in accordance with state and federal law and the provisions of this section,)) to the:

(a) Department when the department provides or has provided public assistance payments for the support of the family unit, household, or a member of the family unit or household;

(b) Payee under the order, or to the physical custodian of the child according to WAC 388-14-271;

(c) Child support enforcement agency in another state or foreign country which submitted a request for support enforcement services;

(d) Indian tribe which has a TANF program and/or a cooperative agreement regarding the delivery of child support services; or

(e) Person or entity making the payment when the IV-D agency is unable to identify the person to whom the support money is payable after making reasonable efforts to obtain identification information.

(2) If the IV-D agency is unable to distribute support money because the location of the family or person is unknown, it shall exercise reasonable efforts to locate the family or person. When the family or person cannot be located, the IV-D agency ((does not locate the family or person, it)) shall handle the money in accordance with chapter 458-65 WAC, the uniform unclaimed property act rules.

(3) When distributing support money, the IV-D agency shall ((apply)) do the following ((rules when distributing support money)):

(a) Record payments in exact amounts without rounding;

(b) Distribute support money within eight days of the date the IV-D agency receives the money, unless it is unable to distribute the payment for one or more of the following reasons:

(i) The location of the payee is unknown;

(ii) The IV-D agency does not have sufficient information to identify the accounts against which or to which it should apply the money;

(iii) An action is pending before a court or agency which has jurisdiction over the issue to determine whether support money is owed or how the IV-D agency should distribute the money.

(iv) The IV-D agency receives prepaid support money which it is holding for distribution in future months under subsection (((4))) (5) of this section;

(v) The IV-D agency mails a notice of intent to distribute support money to the physical custodian under WAC 388-14-271; or

(vi) Other circumstances exist which make a proper and timely distribution of the money impossible through no fault or lack of diligence of the IV-D agency.

(c) Distribute support money based on the date ((of collection, except as provided under subsection (3)(f) of this section and WAC 388-14-275. The date of collection is the earliest of the following dates:

(i) The date)) the IV-D agency ((or a political subdivision actually making the collection)) receives the money, except as provided under subsection (3)(g) of this section;

(((ii) The date the support enforcement agency or other legal entity of another state or political subdivision, actually making the collection, receives the money; or

(iii) The date income, earnings, wages, labor and industries benefits, or employment security benefits were withheld.))

(d) ((Except as provided in subsection (3)(f) of this section, when the responsible parent has more than one case under Title IV-D or Title IV-E, the IV-D agency shall distribute)) Apply support money within each Title IV-D non-TANF case:

(i) First, to satisfy the current support obligation ((on each Title)) for the month the IV-D ((or foster care case, in proportion to the amount of the current support order on each case; and)) agency received the money;

(ii) Second, to the ((total of the support debts whether owed to the family or to the department for the reimbursement of public assistance on each Title IV-D or foster care case, in proportion to the amount of support debt owed by the)) responsible ((parent on each case; and)) parent's support debts owed to the family;

(iii) Third, ((after distribution under subsection (3)(d)(ii) of this section, within each Title IV-D or foster care case according to)) to prepaid support as provided for under subsection (((3)(e))) (5) of this section.

(e) Apply support money within each Title IV-D TANF case:

(i) First, to satisfy the current support obligation for the month the IV-D agency((, or the support enforcement agency or other legal entity of another state or political subdivision, collected)) received the money;

(ii) Second, to the responsible parent's support debts ((owed to the family)) which are permanently assigned to the department to reimburse public assistance payments;

(iii) Third, to the responsible parent's support debts which are temporarily assigned to the department to reimburse public assistance payments;

(iv) Fourth, to prepaid support as provided for under subsection (((4))) (5) of this section.

(f) Apply ((intercepted federal income tax refunds in accordance with 45 CFR 303.72(h), as follows)) support money within each Title IV-D former-TANF case:

(i) First, ((under federal law to the responsible parent's)) to satisfy the current support ((debts assigned to the department to reimburse public assistance payments; and)) obligation for the month the IV-D agency received the money;

(ii) Second, to ((support debts that are not assigned to the department; and

(iii) To support debts only, not to current and future support obligations. The IV-D agency shall refund any excess to the responsible parent)) the responsible parent's support debts which accrued after the family's most recent period of TANF;

(iii) Third, to the responsible parent's support debts which are permanently assigned to the department to reimburse public assistance payments;

(iv) Fourth, to the responsible parent's support debts which are temporarily assigned to the department to reimburse public assistance payments;

(v) Fifth, to the responsible parent's support debts which exceed the cumulative amount of unreimbursed assistance paid to the family;

(vi) Sixth, to prepaid support as provided for under subsection (5) of this section.

(g) Apply intercepted federal income tax refunds in accordance with 42 U.S.C. Sec, 657, as follows:

(i) First, to the responsible parent's support debts which are permanently assigned to the department to reimburse public assistance payments; and

(ii) Second, to the responsible parent's support debts which are temporarily assigned to the department to reimburse public assistance payments; and

(iii) Third, to support debts that are not assigned to the department; and

(iv) To support debts only, not to current and future support obligations. The IV-D agency shall refund any excess to the responsible parent.

(h) Apply amounts to a support debt owed for one family or household and distribute the amounts accordingly, rather than make a proportionate distribution between support debts owed to different families, when:

(i) Proportionate distribution is administratively inefficient; or

(ii) The collection resulted from the sale or disposition of a specific piece of property against which a court awarded the physical custodian a judgment lien for child support; or

(iii) The collection resulted from a contempt order in a particular case.

(((h))) (i) Report amounts distributed to a family, receiving public assistance, to the community services office. This requirement shall not relieve the recipient of the duty to report receipt of support money((; and

(i) Pay a family, receiving cash assistance under the aid to families with dependent children program, up to the first fifty dollars of each child support payment as provided under WAC 388-14-275)).

(4) Except as provided in subsection (3)(g) of this section, when the responsible parent has more than one case under Title IV-D or Title IV-E, the IV-D agency shall distribute support money:

(a) First, to the current support obligation on each Title IV-D or foster care case, in proportion to the amount of the current support order on each case; and

(b) Second, to the total of the support debts whether owed to the family or to the department for the reimbursement of public assistance on each Title IV-D or foster care case, in proportion to the amount of support debt owed by the responsible parent on each case; and

(c) Third, after distribution under subsection (3)(d)(ii) of this section, within each Title IV-D or foster care case according to subsection (3)(e) of this section.

(5) If the IV-D agency receives or collects support money representing payment on the required support obligation for future months, it shall:

(a) Apply the support money to future months when the support debt is paid in full;

(b) Distribute the support money on a monthly basis when payments become due in the future; and

(c) Mail a notice to the last known address of the person entitled to receive support money. The notice shall inform the person that:

(i) The IV-D agency received prepaid support money;

(ii) The IV-D agency will distribute the prepaid money as support payments become due in the future; and

(iii) ((If the support order is a court order, the person may petition the court that entered the support order for an order requiring the immediate distribution of the prepaid support money; or

(iv) If the support order is an administrative order,)) The person may request a conference board under WAC 388-14-385 to determine if the prepaid support money should be immediately distributed.

(d) The IV-D agency shall not mail the notice referred to in (((4))) (5)(c) of this section if the prepaid support is equal to or less than one month's support obligation.

[Statutory Authority: RCW 34.05.220(1), 74.08.090, 74.20A.310 and 26.23.035. 97-13-092, 388-14-270, filed 6/18/97, effective 7/19/97. Statutory Authority: RCW 26.23.035. 92-13-026 (Order 3403), 388-14-270, filed 6/9/92, effective 7/10/92. Statutory Authority: RCW 74.08.090. 90-17-001 (Order 2979), 388-14-270, filed 8/2/90, effective 9/2/90. Statutory Authority: RCW 74.04.057. 89-10-070 (Order 2794), 388-14-270, filed 5/3/89. Statutory Authority: 1988 c 275. 89-01-049 (Order 2738), 388-14-270, filed 12/14/88. Statutory Authority: RCW 74.08.090. 88-07-012 (Order 2606), 388-14-270, filed 3/4/88; 86-05-009 (Order 2340), 388-14-270, filed 2/12/86; 85-01-004 (Order 2174), 388-14-270, filed 12/6/84; 80-01-026 (Order 1465), 388-14-270, filed 12/14/79; Order 1054, 388-14-270, filed 9/25/75.]

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