Section He-W 403.03 - Recoupment of Overpayments(a) Upon application for child support services, child support payees shall indicate on Form DCSS s725, "Application for Child Support Services," (November 2014), whether or not they authorize DCSS to recoup overpayments by withholding a percentage of future child support payments, as described in paragraph (b) below, that are collected on their behalf until the overpayment is repaid. (b) When an overpayment occurs, DCSS shall initiate withholding of 20% of future child support payments if the payee has checked the applicable box on Form DCSS s725, or had completed Form DCSS s152, "Important Notice Regarding Overpayment of Child Support," (July 2006), authorizing such withholding to recoup the overpayment. When the overpayment occurs from a federal tax offset adjustment, the rate of withholding of future child support payments shall be 50%. Prior to withholding, DCSS shall provide the payee with Form DCSS 153, "Notice of Overpayment of Child Support," (November 2014) .(c) DCSS shall inform the payee that the overpayment may be repaid by sending a check or money order for the full amount of the overpayment to DCSS.(d) If the payee has not authorized withholding of future child support payments by checking the box on Form DCSS s725, or did not complete Form DCSS s152 when it was in use, DCSS shall provide the payee with Form DCSS 621A, "Notice of Overpayment of Child Support and Request for Repayment,"(November 2014) .(e) The payee shall complete, sign and return the Repayment Agreement section of Form DCSS 621A selecting an agreement to either: (1) Repay the full overpayment amount within 30 days; or(2) Let DCSS keep 20% of all future child support collected until the overpayment is repaid to DCSS. If the overpayment occurred from a federal tax offset adjustment, the rate of withholding of future child support payments shall be 50% until the overpayment is repaid to DCSS.(f) If the payee returns the Repayment Agreement section of Form DCSS 621A authorizing withholding of child support payments, DCSS shall initiate the authorized withholding.(g) If the payee does not return the Repayment Agreement section of Form DCSS 621A within 10 days of the date the form was mailed to the payee, DCSS shall provide the payee with Form DCSS 621B, "Second Notice of Overpayment of Child Support and Request for Repayment," (November 2014) .(h) The payee shall complete, sign and return the Repayment Agreement section of Form DCSS 621B selecting an agreement to either: (1) Repay the full overpayment amount within 20 days; or(2) Let DCSS keep 20% of all future child support collected until the overpayment is repaid to DCSS. If the overpayment occurred from a federal tax offset adjustment, the rate of withholding of future child support payments shall be 50% until the overpayment is repaid to DCSS.(i) If the payee returns the Repayment Agreement section of Form DCSS 621B authorizing withholding of child support payments, DCSS shall initiate the authorized withholding.(j) If the payee does not return the Repayment Agreement section of Form 621B within 10 days of the date the form was mailed to the payee, DCSS shall provide the payee with Form DCSS 621C, "Final Notice of Overpayment of Child Support and Request for Repayment," (November 2014) .(k) The payee shall complete, sign and return the Repayment Agreement section of form DCSS 621C selecting an agreement to either: (1) Repay the full overpayment amount with 10 days; or(2) Let DCSS keep 20% of all future child support collected until the overpayment is repaid to DCSS. If the overpayment occurred from a federal tax offset adjustment, the rate of withholding of future child support payments shall be 50%, until the overpayment is repaid to DCSS.(l) If the payee returns the Repayment Agreement section of Form DCSS 621C authorizing withholding of child support payments, DCSS shall initiate the authorized withholding.(m) If the payee does not return the Repayment Agreement section of Form DCSS 621C within 10 days of the date the form was mailed to the payee, or does not notify DCSS verbally or in writing that the payee does not authorize the withholding of support payments, then permission to recoup the overpayment by withholding child support payments shall be assumed.(n) Once initiated, withholding of child support payments shall continue until the overpayment is fully recouped.N.H. Admin. Code § He-W 403.03
#5341, eff 3-3-92; EXPIRED: 3-3-98
New. #6741, eff 4-28-98, EXPIRED: 4-28-06; ss by #8602, INTERIM, eff 4-28-06, EXPIRES: 10-25-06; ss by #8685, eff 7-21-06; amd and renumbered by #9206, eff 7-19-08 (former paragraph (a) deleted) (formerly He-W 403.04 ); ss by #10467, eff 11-26-13
Amended byVolume XXXV Number 06, Filed February 12, 2015 , Proposed by #10760, Effective 1/19/2015, Expires1/19/2025.