New Hampshire Code of Administrative Rules
He - Department of Health and Human Services
Subtitle He-W - Former Division of Human Services
Chapter He-W 400 - SUPPORT OF DEPENDENT CHILDREN
Part He-W 401 - DEFINITIONS
Section He-W 401.01 - Definitions

Universal Citation: NH Admin Rules He-W 401.01

Current through Register No. 40, October 3, 2024

(a) "Annual" means the recurring one year period that coincides with the federal fiscal year, which begins on October 1 and ends on September 30.

(b) "Arrearage" means the total unpaid support which has accrued under a legal order which stipulates a periodic support amount due.

(c) "Assistance debt" means the amount of unreimbursed assistance that accrued prior to the issuance of a legal order which makes the payor liable for that debt.

(d) "Assistance expended" means the amount of financial aid provided to an individual under Title IV-A, Title IV-E, or Title XIX of the Social Security Act.

(e) "Assistance reimbursed" means payments disbursed to the state as reimbursement for assistance provided.

(f) "Child support monthly support obligation (CSMSO) " means the amount derived from multiplying the ordered child support obligation amount by the number of payment due dates during the month.

(g) "Conditionally assigned arrearages" means arrearages:

(1) Which were temporarily assigned to the state prior to 10/01/2009 as a condition of eligibility for IV-A services, and became conditionally assigned to the state when the family stopped receiving IV-A services, thereby ending the temporary assignment; and

(2) Are paid to the family unless they are collected through federal income tax refund offset, in which case the collected amount is retained by the state.

(h) "Current assistance case" means any child support case where the family is also receiving temporary assistance to needy families (TANF) benefits under Title IV-A of the Social Security Act or foster care provided under Title IV-E of the Social Security Act.

(i) "Debt type" means child support, spousal support, medical support, assistance debt, miscellaneous, or another state's arrearages.

(j) "Disbursement" means the payment of money to a payee, individual, state, or other entity.

(k) "Distribution" means the allocation of receipts to obligations.

(l) "Family" means, for a child support case that is currently receiving TANF, the TANF casehead and all dependents included in that TANF case irrespective of the number of child support cases, or the payee for the individual member obligations, or the check recipient for the individual obligations.

(m) "Former assistance case" means any child support case where the family formerly received aid to families with dependent children (AFDC) or TANF benefits.

(n) "Futures" means money held by the department that either represents payment on the required support obligation(s) for future months and is applied to future months, or is non-distributable.

(o) "Medical support monthly support obligation (MSMSO) " means the amount derived from multiplying the ordered medical support obligation amount by the number of payment due dates during the month.

(p) "Never-assigned arrearages" means all arrearages in never-assistance cases, and in former assistance cases, those arrearages that accrue after the family's most recent period of assistance ends.

(q) "Never-assistance case" means any child support case where the family has never received AFDC, TANF, or foster care IV-E benefits.

(r) "Non-distributable" means any received amount that remains after satisfying the monthly support obligation for the current month and all arrearages, for which no allocation obligation exists, and which is therefore refundable.

(s) "Non-IV-D case" means a case that is not being enforced by the division of child support services, is subject to an income assignment pursuant to RSA 458-B, and where ordered support payments are monitored, collected, and disbursed through the IV-D state disbursement unit.

(t) "Obligation" means any combination of case member and debt type as specified in a legally enforceable order to pay support.

(u) "Overpayment" means a disbursed support payment that becomes monies presumably owed to the State of New Hampshire as a result of:

(1) A misdirected child support payment resulting from a posting error or distribution error;

(2) An adjustment being made by the U.S. Department of Treasury to a previously filed tax return, reducing the refund, after the division collected support arrearages through the Federal Offset Program;

(3) A paying government entity, for example the Social Security Administration, requiring that the division return all or part of a payment; or

(4) A child support payment check that has been returned, or electronic payment reversed by the financial institution from which it was issued, for either insufficient funds, a closed account, stop-payment order, marked as "refer to maker" or other reason by the financial institution.

(v) "Payee" means:

(1) The recipient of services under title IV-D of the Social Security Act in TANF and non-TANF IV-D cases, that is, the custodial parent or caretaker relative; or

(2) In IV-D cases where the child is also receiving IV-E foster care services, the IV-E foster care agency, namely, the New Hampshire division for children, youth and families.

(w) "Payment type" means the classification of an obligation to a specific category, such as TANF, Medicaid-only, IV-E foster care, or non-TANF.

(x) "Payor" means an individual who is obligated to make a support payment.

(y) "Permanently assigned arrearages" means those arrearages which are assigned to the department of health and human services under an assignment entered into prior to 10/1/1997, and all arrearages which accrue on or after 10/1/1997, while a family is receiving TANF benefits.

(z) "Recoupment" means the process of recovering from a payee a monetary loss arising from an overpayment.

(aa) "Recovery" means the process of recovering from a payor or an employer a monetary loss arising from an overpayment.

(ab) "Temporarily assigned arrearages" means the sum of never-assigned arrearages, unassigned pre-assistance arrearages, and unassigned during-assistance arrearages which was temporarily assigned to the department of health and human services before 10/01/2009, as a condition of eligibility for IV-A services.

(ac) "Title IV-A" means the joint federal-state program described in Title IV-A of the Social Security Act, "Block Grants to States for Temporary Assistance for Needy Families," and administered in New Hampshire by the division of family assistance.

(ad) "Title IV-D" means the joint federal-state program described in Title IV-D of the Social Security Act, "Child Support and Establishment of Paternity," and administered in New Hampshire by the division of child support services.

(ae) "Title IV-E" means the joint federal-state program described in Title IV-E of the Social Security Act, "Federal Payments for Foster Care and Adoption Assistance," and administered in New Hampshire by the division for children, youth and families.

(af) "Title XIX" means the joint federal-state program described in Title XIX of the Social Security Act, "Grants to States for Medical Assistance Programs," and administered in New Hampshire under the medicaid program.

(ag) "Total arrearages" means the sum of the difference between life-to-date owed and life-to-date paid for each obligation.

(ah) "Unassigned arrearages" means all arrearages except permanently or temporarily assigned arrearages.

(ai) "Unassigned during-assistance arrearages" means all previously assigned arrearages which exceed the cumulative amount of unreimbursed assistance when the family leaves the assistance program and which accrued during the receipt of assistance.

(aj) "Unassigned pre-assistance arrearages" means all previously assigned arrearages which exceed the cumulative amount of unreimbursed assistance when the family leaves the assistance program and which accrued prior to the receipt of assistance.

(ak) "Unreimbursed assistance (URA) " means the difference between the AFDC and/or TANF or IV-E foster care assistance expended and assistance reimbursed.

#2396, eff 6-30-83; amd by #2437, eff 8-1-83; ss by #2920, eff 12-4-84, EXPIRED: 12-4-90

New. #9206, eff 7-19-08; ss by #9549, eff 10-1-09

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