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Final Rule: Safeguarding Information; Federal Income Tax Refund Offset

AT-93-10

Published: August 16, 1993
Information About:
State/Local Child Support Agencies
Types:
Policy, Action Transmittals (AT), Regulations
Tags:
Collection & Enforcement Systems, Safeguarding

SUPERSEDED BY:  DCL-07-35

AUG 16, 1993

ACTION TRANSMITTAL

OCSE-AT-93-10

To:STATE AGENCIES ADMINISTERING CHILD SUPPORT ENFORCEMENT PLANS UNDER TITLE IV-D OF THE SOCIAL SECURITY ACT AND OTHER INTERESTED INDIVIDUALS

Subject:Final Rule - Safeguarding Information; Federal Income Tax Refund Offset

Attachment:This rule implements sections 5011(a) and (b) of P.L. 101-508, the Omnibus Budget Reconciliation Act of 1990, by extending indefinitely the use of the Federal income tax refund offset process to non-AFDC cases and allowing use of this process for non-AFDC cases in which support is due: (1) on behalf of certain disabled adults with a current support order; and (2) on behalf of a spouse when the custodial parent is living with the child and spousal support and child support are included in the same support order. In addition, the rule amends the safeguarding information requirements to permit disclosure to the appropriate agency or official of information services that involves known or suspected instances of mental or physical injury, sexual abuse or exploitation, or negligent treatment of a child receiving AFDC.

Regulation Reference:45 CFR PARTS 302, 303

Effective Date: August 4, 1993

Inquiries: ACF Regional Administrators

Robert C. Harris
Acting Deputy Director
Office of Child Support Enforcement

SUBJECT:Safeguarding Information; Federal Income Tax Refund Offset

AGENCY:Office of Child Support Enforcement (OCSE), ACF, HHS.

ACTION: Final rule

SUMMARY: This final rule implements sections 5011(a) and (b) of Public Law 101-508, the Omnibus Budget Reconciliation Act of 1990 (OBRA 1990), by extending indefinitely the availability of the Federal income tax refund offset process to qualified non-AFDC IV-D cases and extending use of this process to non-AFDC IV-D cases in which support is due: (1) On behalf of certain adult disabled children with a current support order; and (2) on behalf of a parent when the parent is living with the child and spousal support and child support are included in the same support order. In addition, the final rule amends the safeguarding of information requirements to permit disclosure to the appropriate agency or official of information regarding an applicant or recipient of IV-D services that involves known or suspected instances of mental or physical injury, sexual abuse or exploitation, or negligent treatment of a child.

DATES:These regulations are effective on and after August 4, 1993.