New York Codes, Rules and Regulations › Title 18 - DEPARTMENT OF SOCIAL SERVICES › Chapter II - Regulations of the Department of Social Services › Subchapter A - General Welfare › Article 5 - Miscellaneous › Part 347 - Establishment of Parentage and Enforcement of Child Support › Section 347.12 - Reporting support collections for public assistance, medical assistance-only and foster care cases

Current through Register Vol. 46, No. 28, July 10, 2024
(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.