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NPRM: 2018 Child Support Technical Corrections

AT-18-09

Published: December 19, 2018

ACTION TRANSMITTAL

AT-18-09

DATE: December 19, 2018

TO: State and Tribal IV-D Agencies

SUBJECT: NPRM: 2018 Child Support Technical Corrections

ATTACHMENT: 2018 Child Support Technical Corrections NPRM as published in the Federal Register on December 18, 2018

This Notice of Proposed Rulemaking (NPRM) proposes to eliminate certain regulatory requirements that are outdated or unnecessary. Please note that this NPRM revises 45 CFR 303.11(b)(9)(ii) and 307.11(c)(3) to clarify that OCSE is including Social Security Retirement (SSR) benefits when referring to concurrent Supplemental Security Income (SSI) and Social Security Disability Insurance (SSDI) under title II of the Social Security Act (Act) as indicated in PIQ-18-02. We received comments in this provision and this is your opportunity to provide feedback.

Additionally, this regulation proposes to provide policy clarification, amend the regulations as a result of the Bipartisan Budget Act of 2018 (Public Law 115-123), and revise regulations to provide more timely wage information that is used for locate and enforcement purposes.

The NPRM provides the following:

  • Revises 45 Code of Federal Regulations (CFR) 302.33 as a result of the Bipartisan Budget Act of 2018 to increase the annual collection fee from $25 to $35 and increase the threshold when the fee must be imposed from $500 to $550 of collections received by the state and disbursed to the family.
  • Proposes to delay the compliance date for those states that consider incarceration to be voluntary unemployment, in reference to 45 CFR 303.8(b)(7)(ii).
  • Revises 45 CFR 303.11(b)(9)(ii) and 307.11(c)(3) to clarify that OCSE is including SSR benefits when referring to concurrent SSI and SSDI under title II of the Act.
  • Removes 45 CFR 303.71 and 45 CFR 303.73, since they are no longer necessary.
  • Reduces the timeframe in 45 CFR 303.108(c) for reporting wage information to the National Directory of New Hires.
  • Removes 45 CFR 307.30 and 45 CFR 307.31 as these provisions are outdated and have expired in statute.
  • Revises 45 CFR 309.20(b) to replace an outdated address.
  • Corrects outdated references in 45 CFR 309.75 and 309.155 to OMB Circulars A-133 and A-87, respectively, that are superseded by the “Uniform Administrative Requirements, Cost Principles and Audit Requirements for Federal Awards” (Uniform Guidance).

COMMENTS: Consideration will be given to comments received by January 17, 2019. All submissions received must include the agency name and RIN #0970-AC50 for this rulemaking. All comments received will be posted without change to https://www.regulations.gov, including any personal information provided.

REFERENCES: 45 CFR 302, 303, 307, and 309.

INQUIRIES: ACF OCSE Regional Program Managers

Scott M. Lekan
Commissioner
Office of Child Support Enforcement

Last Reviewed: December 19, 2018

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