Ohio Administrative Code|Rule 5101:12-80-14 | Limited assignment, PRWORA assignment, and distribution of assigned support collections.

                                                
(A) The purpose of this rule is to
		  provide definitions and describe the provisions of limited assignment and
		  Personal Responsibility and Work Opportunity Reconciliation Act of 1996
		  (PRWORA) assignment. This rule and its supplemental rules do not apply to
		  medical support.
(B) The following definitions are
		  applicable to this rule and its supplemental rules:
(1) "Assignment
			 period" means a finite time period when support is assigned because public
			 assistance or Title IV-E foster care maintenance (FCM) benefits are received.
			 Any break in the public assistance or FCM benefits is a termination of the
			 assignment period.
(2) "Current
			 assistance case" means a IV-D case currently receiving public assistance
			 or FCM benefits.
(3) "Distribution" means the monthly process of
			 determining the amount of a support collection the Ohio department of job and
			 family services (ODJFS) is entitled to retain pursuant to a public assistance
			 or FCM assignment, and the amount of the collection owed to the
			 family.
(a) The support enforcement tracking system (SETS) calculates
				distribution during month end processing.
(b) The child support enforcement agency (CSEA) shall use the JFS
				07027, "Single Order Distribution Record" (effective or revised
				effective date as identified in rule 5101:12-80-99 of the Administrative Code),
				and JFS 07028, "Multiple Order Distribution Record" (effective or
				revised effective date as identified in rule 5101:12-80-99 of the
				Administrative Code), to complete distribution on support collections received
				before a case was converted to SETS.
(4) "Former
			 assistance case" means a IV-D case that formerly received public
			 assistance or FCM benefits.
(5) "Limited
			 assignment," in accordance with 42 U.S.C. 608(a)(3) (June 18, 2008), means
			 child, past care, or spousal support is assigned to ODJFS pursuant to a public
			 assistance assignment only during the period that the child or family receives
			 public assistance.
"Limited assignment" applies to
			 child, past care, and spousal support that is assigned on or after October 1,
			 2009.
(6) "Personal
			 Responsibility and Work Opportunity Reconciliation Act of 1996 (PRWORA)
			 assignment" means child, past care, or spousal support is assigned to
			 ODJFS pursuant to a public assistance assignment in accordance with paragraph
			 (D) of this rule.
"PRWORA assignment" applies to child,
			 past care, and spousal support that is assigned on or after October 1, 1997 and
			 before October 1, 2009.
(7) "Public
			 assistance" is defined in rule 5101:12-80-10 of the Administrative
			 Code.
(8) "Sweep"
			 means the transfer of a balance amount from one account to another as a result
			 of an assignment period starting or terminating.
(C) Provisions of PRWORA assignment and
		  limited assignment.
(1) Any public assistance
			 assignment period that starts on or after October 1, 1997 and before October 1,
			 2009 is subject to PRWORA assignment provisions, including a public assistance
			 assignment period that starts before October 1, 2009 and is still active on
			 October 1, 2009.
(2) Any public assistance
			 assignment period that starts on or after October 1, 2009 is subject to limited
			 assignment provisions.
PRWORA assignment and limited assignment
		  provisions only apply to a public assistance assignment and do not apply to an
		  FCM or medicaid assignment.
(D) PRWORA assignment
		  provisions.
(1) Upon the effective
			 date of the public assistance assignment period:
(a) Current support is assigned to ODJFS.
(b) Unassigned arrears sweep to conditionally assigned
				arrears.
(i) Never assigned
				  arrears sweep to assigned conditionally assigned arrears.
(ii) Unassigned
				  conditionally assigned arrears sweep to assigned conditionally assigned
				  arrears.
(iii) Unassigned during
				  assistance arrears sweep to assigned conditionally assigned
				  arrears.
(c) Permanently assigned arrears remain permanently assigned
				arrears.
(d) Unassigned futures shall be used to reduce the next
				month's current obligation.
When unassigned futures were issued to the
				obligee before the effective date of the assignment period, the CSEA shall not
				recoup the funds from the obligee.
(2) During the assignment
			 period, arrears that accrue are permanently assigned arrears.
(3) Upon termination of
			 the public assistance assignment period:
(a) Current support is unassigned.
(b) Support arrears are treated as follows:
(i) Permanently assigned
				  arrears that are:
(a) Less than or equal to
					 the unreimbursed assistance (URA) amount remain permanently assigned
					 arrears.
(b) Greater than the URA
					 amount sweep to unassigned during assistance arrears.
(ii) Conditionally
				  assigned arrears that are:
(a) Less than or equal to
					 the remaining URA amount (after the comparison to permanently assigned arrears
					 has been done) sweep to unassigned conditionally assigned arrears.
(b) Greater than the URA
					 amount sweep to never assigned arrears.
(c) Futures are treated as follows:
(i) Assigned futures
				  sweep to unassigned futures.
(ii) Unassigned futures
				  remain unassigned.
(E) Limited assignment
		  provisions.
(1) Upon the effective
			 date of the public assistance assignment period:
(a) Current support is assigned to ODJFS.
(b) Unassigned arrears remain unassigned arrears.
(i) Never assigned
				  arrears remain never assigned arrears.
(ii) Unassigned
				  conditionally assigned arrears, created by termination of a previous public
				  assistance assignment period that was subject to PRWORA assignment provisions,
				  shall remain unassigned conditionally assigned arrears.
(iii) Unassigned during
				  assistance arrears, created by termination of a previous public assistance
				  assignment period that was subject to PRWORA assignment provisions, shall
				  remain unassigned during assistance arrears.
(c) Permanently assigned arrears remain permanently assigned
				arrears.
(d) Unassigned futures shall be used to reduce the next
				month's current obligation.
When unassigned futures were issued to the
				obligee before the effective date of the assignment period, the CSEA shall not
				recoup the funds from the obligee.
(2) During the assignment
			 period, arrears that accrue are permanently assigned arrears.
(3) Upon termination of
			 the public assistance assignment period:
(a) Current support is unassigned.
(b) Unassigned arrears remain unassigned arrears.
(i) Never assigned
				  arrears remain never assigned arrears.
(ii) Unassigned
				  conditionally assigned arrears, created by termination of a previous public
				  assistance assignment period that was subject to PRWORA assignment provisions,
				  remain unassigned conditionally assigned arrears.
(iii) Unassigned during
				  assistance arrears, created by termination of a previous public assistance
				  assignment period that was subject to PRWORA assignment provisions, remain
				  unassigned during assistance arrears.
(c) Permanently assigned arrears that are:
(i) Less than or equal to
				  the URA amount remain permanently assigned arrears.
(ii) Greater than the URA
				  amount sweep to never assigned arrears.
(d) Futures are treated as follows:
(i) Assigned futures
				  sweep to unassigned futures.
(ii) Unassigned futures
				  remain unassigned.


Last updated October 1, 2021 at 8:52 AM