§608. Prohibitions; requirements — Inbound Citations

Implementing Regulations (Code of Federal Regulations)

Statutory authority for 26 regulations in the Code of Federal Regulations.

• 45 C.F.R. § 264.0 — What definitions apply to this part?

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• 45 C.F.R. § 264.1 — What restrictions apply to the length of time Federal TANF assistance may be provided?

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• 45 C.F.R. § 264.10 — Must States do computer matching of data records under IEVS to verify recipient information?

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• 45 C.F.R. § 264.11 — How much is the penalty for not participating in IEVS?

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• 45 C.F.R. § 264.2 — What happens if a State does not comply with the five-year limit?

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• 45 C.F.R. § 264.3 — How can a State avoid a penalty for failure to comply with the five-year limit?

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• 45 C.F.R. § 264.30 — What procedures exist to ensure cooperation with the child support enforcement requirements?

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• 45 C.F.R. § 264.31 — What happens if a State does not comply with the IV-D sanction requirement?

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• 45 C.F.R. § 264.40 — What happens if a State does not repay a Federal loan?

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• 45 C.F.R. § 264.50 — What happens if, in a fiscal year, a State does not expend, with its own funds, an amount equal to the reduction to the adjusted SFAG resulting from a penalty?

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• 45 C.F.R. § 264.60 — What policies and practices must a state implement to prevent assistance use in electronic benefit transfer transactions in locations prohibited by the Social Security Act?

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• 45 C.F.R. § 264.61 — What happens if a state fails to report or demonstrate it has implemented and maintained the policies and practices required in § 264.60?

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• 45 C.F.R. § 264.70 — What makes a State eligible to receive a provisional payment of contingency funds?

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• 45 C.F.R. § 264.71 — What determines the amount of the provisional payment of contingency funds that will be made to a State?

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• 45 C.F.R. § 264.72 — What requirements are imposed on a State if it receives contingency funds?

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• 45 C.F.R. § 264.73 — What is an annual reconciliation?

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• 45 C.F.R. § 264.74 — How will we determine the Contingency Fund MOE level for the annual reconciliation?

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• 45 C.F.R. § 264.75 — For the annual reconciliation, what are qualifying State expenditures?

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• 45 C.F.R. § 264.76 — What action will we take if a State fails to remit funds after failing to meet its required Contingency Fund MOE level?

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• 45 C.F.R. § 264.77 — How will we determine if a State met its Contingency Fund expenditure requirements?

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• 45 C.F.R. § 264.80 — If a Territory receives Matching Grant funds, what funds must it expend?

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• 45 C.F.R. § 264.81 — What expenditures qualify for Territories to meet the Matching Grant MOE requirement?

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• 45 C.F.R. § 264.82 — What expenditures qualify for meeting the Matching Grant FAG amount requirement?

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• 45 C.F.R. § 264.83 — How will we know if a Territory failed to meet the Matching Grant funding requirements at § 264.80?

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• 45 C.F.R. § 264.84 — What will we do if a Territory fails to meet the Matching Grant funding requirements at § 264.80?

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• 45 C.F.R. § 264.85 — What rights of appeal are available to the Territories?

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Code of Federal Regulations Citations

Cited by 1 regulation in the Code of Federal Regulations.

• 45 C.F.R. § 98.33(f)(3) — Consumer and provider education.

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  (3) The clarification that assistance received during the time an eligible parent receives the exception referred to in paragraph (f) of this section will count toward the time limit on Federal benefits required at section 408(a)(7) of the Social Security Act (42 U.S.C. 608(a)(7)).

Citations to §608(a)(3)

• 26 U.S.C. § 6402(d)(2)

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  (2) Any overpayment by a person shall be reduced pursuant to this subsection after such overpayment is reduced pursuant to subsection (c) with respect to past-due support collected pursuant to an assignment under section 408(a)(3) of the Social Security Act (42 U.S.C. 608(a)(3)) and before such overpayment is reduced pursuant to subsections (e) and (f) and before such overpayment is credited to the future liability for tax of such person pursuant to subsection (b). If the Secretary receives notice from a Federal agency or agencies of more than one debt subject to paragraph (1) that is owed by a person to such agency or agencies, any overpayment by such person shall be applied against such debts in the order in which such debts accrued.

• 42 U.S.C. § 652(a)(10)(C)

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  (C) the following data, separately stated for cases where the child is receiving assistance under a Stateprogram funded under part A (or foster care maintenance payments under part E), or formerly received such assistance or payments and the State is continuing to collect support assigned to it pursuant to section 608(a)(3) of this title or under section 671(a)(17) or 1396k of this title, and for all other cases under this part:

  (i) the total number of cases in which a support obligation has been established in the fiscal year for which the report is submitted;

  (ii) the total number of cases in which a support obligation has been established;

  (iii) the number of cases in which support was collected during the fiscal year;

  (iv) the total amount of support collected during such fiscal year and distributed as current support;

  (v) the total amount of support collected during such fiscal year and distributed as arrearages;

  (vi) the total amount of support due and unpaid for all fiscal years; and

  (vii) the number of child support cases filed in each State in such fiscal year, and the amount of the collections made in each State in such fiscal year, on behalf of children residing in another State or against parents residing in another State;

• 42 U.S.C. § 652(h)

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  (h) The standards required by subsection (a)(1) shall include standards establishing time limits governing the period or periods within which a State must accept and respond to requests (from States, jurisdictions thereof, or individuals who apply for services furnished by the State agency under this part or with respect to whom an assignment pursuant to section 608(a)(3) of this title is in effect) for assistance in establishing and enforcing support orders, including requests to locate noncustodial parents, establish paternity, and initiate proceedings to establish and collect child support awards.

• 42 U.S.C. § 654(5)

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  (5) provide that (A) in any case in which support payments are collected for an individual with respect to whom an assignment pursuant to section 608(a)(3) of this title is effective, such payments shall be made to the State for distribution pursuant to section 657 of this title and shall not be paid directly to the family, and the individual will be notified on a monthly basis (or on a quarterly basis for so long as the Secretary determines with respect to a State that requiring such notice on a monthly basis would impose an unreasonable administrative burden) of the amount of the support payments collected, and (B) in any case in which support payments are collected for an individual pursuant to the assignment made under section 1396k of this title, such payments shall be made to the State for distribution pursuant to section 1396k of this title, except that this clause shall not apply to such payments for any month after the month in which the individual ceases to be eligible for medical assistance;

• 42 U.S.C. § 656(a)(1)

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  (1) The support rights assigned to the State pursuant to section 608(a)(3) of this title or secured on behalf of a child receiving foster care maintenance payments shall constitute an obligation owed to such State by the individual responsible for providing such support. Such obligation shall be deemed for collection purposes to be collectible under all applicable State and local processes.

• 42 U.S.C. § 657(a)(2)(B)(i)

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  (i) shall first pay to the family the excess amount, to the extent necessary to satisfy support arrearages not assigned pursuant to section 608(a)(3) of this title;

• 42 U.S.C. § 657(a)(3)(A)

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  (A) The total of the amounts paid by the State to the Federal Government under paragraphs (1) and (2) of this subsection with respect to a family shall not exceed the Federal share of the amount assigned with respect to the family pursuant to section 608(a)(3) of this title.

• 42 U.S.C. § 657(a)(3)(B)

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  (B) The total of the amounts retained by the State under paragraphs (1) and (2) of this subsection with respect to a family shall not exceed the State share of the amount assigned with respect to the family pursuant to section 608(a)(3) of this title.

• 42 U.S.C. § 664(a)(1)

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  (1) Upon receiving notice from a State agency administering a plan approved under this part that a named individual owes past-due support which has been assigned to such State pursuant to section 608(a)(3) or section 671(a)(17) of this title, the Secretary of the Treasury shall determine whether any amounts, as refunds of Federal taxes paid, are payable to such individual (regardless of whether such individual filed a tax return as a married or unmarried individual). If the Secretary of the Treasury finds that any such amount is payable, he shall withhold from such refunds an amount equal to the past-due support, shall concurrently send notice to such individual that the withholding has been made (including in or with such notice a notification to any other person who may have filed a joint return with such individual of the steps which such other person may take in order to secure his or her proper share of the refund), and shall pay such amount to the State agency (together with notice of the individual’s home address) for distribution in accordance with section 657 of this title. This subsection may be executed by the disbursing official of the Department of the Treasury.

• 42 U.S.C. § 666(a)(3)(B)

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  (B) the amount by which such refund is reduced shall be distributed in accordance with section 657 of this title in the case of overdue support assigned to a State pursuant to section 608(a)(3) or 671(a)(17) of this title, or, in any other case, shall be distributed, after deduction of any fees imposed by the State to cover the costs of collection, to the child or parent to whom such support is owed; and

Citations to §608(a)(4)

• 10 U.S.C. § 1408(d)(1)

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  (1) After effective service on the Secretary concerned of a court order providing for the payment of child support or alimony or, with respect to a division of property, specifically providing for the payment of an amount of the disposable retired pay from a member to the spouse or a former spouse of the member, the Secretary shall make payments (subject to the limitations of this section) from the disposable retired pay of the member to the spouse or former spouse (or for the benefit of such spouse or former spouse to a State disbursement unit established pursuant to section 454B of the Social Security Act or other public payee designated by a State, in accordance with part D of title IV of the Social Security Act, as directed by court order, or as otherwise directed in accordance with such part D) in an amount sufficient to satisfy the amount of child support and alimony set forth in the court order and, with respect to a division of property, in the amount of disposable retired pay specifically provided for in the court order. In the case of a spouse or former spouse who, pursuant to section 408(a)(3) of the Social Security Act (42 U.S.C. 608(a)(4)),¹ assigns to a State the rights of the spouse or former spouse to receive support, the Secretary concerned may make the child support payments referred to in the preceding sentence to that State in amounts consistent with that assignment of rights. In the case of a member entitled to receive retired pay on the date of the effective service of the court order, such payments shall begin not later than 90 days after the date of effective service. In the case of a member not entitled to receive retired pay on the date of the effective service of the court order, such payments shall begin not later than 90 days after the date on which the member first becomes entitled to receive retired pay.

Citations to §608(a)(7)

• 42 U.S.C. § 603(a)(5)(C)(v)

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  (v) An entity that operates a project with funds provided under this paragraph may use the funds to provide assistance in a form described in clause (i) of this subparagraph to, or for the benefit of, individuals who (but for section 608(a)(7) of this title) would be eligible for assistance under the program funded under this part of the State in which the entity is located.

• 42 U.S.C. § 609(a)(7)(B)(i)(IV)

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  (IV) As used in subclause (I), the term “eligible families” means families eligible for assistance under the Stateprogram funded under this part, families that would be eligible for such assistance but for the application of section 608(a)(7) of this title, and families of aliens lawfully present in the United States that would be eligible for such assistance but for the application of title IV of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 [8 U.S.C. 1601 et seq.].

• 42 U.S.C. § 609(a)(9)

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  (9) If the Secretary determines that a State has not complied with section 608(a)(7) of this title during a fiscal year, the Secretary shall reduce the grant payable to the State under section 603(a)(1) of this title for the immediately succeeding fiscal year by an amount equal to 5 percent of the Statefamily assistance grant.

• 42 U.S.C. § 611(a)(1)(A)(xvi)(III)

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  (III) the prohibition set forth in section 608(a)(7) of this title;

Citations to §608(a)(7)(C)

• 42 U.S.C. § 603(a)(5)(C)(ii)(II)

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  (II) within 12 months, will become ineligible for assistance under the Stateprogram funded under this part by reason of a durational limit on such assistance, without regard to any exemption provided pursuant to section 608(a)(7)(C) of this title that may apply to the individual.

Citations to §608(a)(7)(C)(iii)

• 42 U.S.C. § 602(a)(7)(B)

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  (B) For purposes of this paragraph, the term “domestic violence” has the same meaning as the term “battered or subjected to extreme cruelty”, as defined in section 608(a)(7)(C)(iii) of this title.

Citations to §608(a)(12)

• 42 U.S.C. § 602(a)(1)(A)(vii)

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  (vii) Implement policies and procedures as necessary to prevent access to assistance provided under the Stateprogram funded under this part through any electronic fund transaction in an automated teller machine or point-of-sale device located in a place described in section 608(a)(12) of this title, including a plan to ensure that recipients of the assistance have adequate access to their cash assistance.

• 42 U.S.C. § 609(a)(16)(A)

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  (A) If, within 2 years after February 22, 2012, any State has not reported to the Secretary on such State’s implementation of the policies and practices required by section 608(a)(12) of this title, or the Secretary determines, based on the information provided in State reports, that any State has not implemented and maintained such policies and practices, the Secretary shall reduce, by an amount equal to 5 percent of the Statefamily assistance grant, the grant payable to such State under section 603(a)(1) of this title for—

  (i) the fiscal year immediately succeeding the year in which such 2-year period ends; and

  (ii) each succeeding fiscal year in which the State does not demonstrate that such State has implemented and maintained such policies and practices.

• 42 U.S.C. § 609(a)(16)(C)

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  (C) Fraudulent activity by any individual in an attempt to circumvent the policies and practices required by section 608(a)(12) of this title shall not trigger a State penalty under subparagraph (A).

Citations to §608(c)

• 42 U.S.C. § 603(a)(5)(I)(iii)

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  (iii) In addition to the protections provided under the provisions of law specified in section 608(c) of this title, an individual may not be discriminated against by reason of gender with respect to participation in work activities engaged in under a program operated with funds provided under this paragraph.