Implementing Section 466(a)(14) of the Social Security Act

ACTION TRANSMITTAL

AT-08-06

DATE: May 16, 2008

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

SUBJECT: Implementing section 466(a)(14) of the Social Security Act, High-Volume, Automated Administrative Enforcement in Interstate Cases

BACKGROUND: P.L. 109-171, the Deficit Reduction Act of 2005 (DRA), included an amendment to section 466(a)(14) of the Social Security Act (the Act) dealing with administrative enforcement in interstate (AEI) cases. Effective October 1, 2005, section 466(a)(14)(A)(iii) of the Act was amended to provide that, while neither State may consider the case to be transferred to the assisting State's caseload, the assisting State may establish a corresponding case based on a requesting State's AEI request for assistance. The amendment provides States the option to use the statewide automated system to process AEI cases.

AT-98-05, "Implementing section 466(a)(14) of the Social Security Act, High-Volume, Automated Administrative Enforcement in Interstate Cases," was issued in response to questions that arose following the passage of P.L. 105-33, the Balanced Budget Act of 1997, which included technical amendments to the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (PRWORA), P.L. 104-193.

In light of the DRA amendment and an earlier amendment in the Child Support Performance and Incentive Act of 1998, as well as systems and data management developments since the issuance of AT-98-05, this document updates the questions and answers in AT-98-05, where necessary, and includes new questions and answers raised by States since the passage of the DRA. This AT supersedes AT-98-05.

In keeping with our policy of generally limiting regulations to provisions for which regulations are prescribed by law, we do not expect to issue implementing regulations for these requirements. However, we are issuing this AT to give States additional guidance on implementing these requirements.

ATTACHMENT: Attached is information regarding section 466(a)(14) of the Act and questions and answers in response to inquiries.

STATUTORY REFERENCE: Section 466(a)(14) of the Act

SUPERSEDES: AT-98-05

REFERENCES: PIQ-98-07; IM-97-05; AT-97-10

INQUIRIES TO: Regional Program Managers

Margot Bean
Commissioner
Office of Child Support Enforcement