§ 1367a.
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§ 1367a. Child support intercept of unemployment benefits
(a)An individual filing a new claim for unemployment compensation shall, at the time of filing the claim, disclose whether or not the individual owes child support obligations as defined under subsection
(f)of this section. If the individual discloses that the individual owes child support obligations and is determined to be eligible for unemployment compensation, the Commissioner shall notify the state or local child support enforcement agency enforcing the obligation that the individual has been determined to be eligible for unemployment compensation.
(b)Notwithstanding the provisions of sections 1366 and 1367 of this subchapter, the Commissioner shall deduct and withhold from any unemployment compensation payable to an individual who owes child support obligations as defined under subsection
(f)of this section:
(1)the amount specified by the individual to the Commissioner to be deducted and withheld under this subsection if neither subdivision
(2)nor
(3)of this subsection is applicable; or
(2)the amount, if any, determined pursuant to an agreement submitted to the Commissioner under 42 U.S.C. § 654(19)(B)(i) by the state or local child support enforcement agency, unless subdivision
(3)of this subsection is applicable; or
(3)any amount otherwise required to be so deducted and withheld from such unemployment compensation pursuant to legal process, as that term is defined in 42 U.S.C. § 659(i)(5), properly served upon the Commissioner.
(c)Any amount deducted and withheld under subsection
(b)of this section shall be paid by the Commissioner to the appropriate state or local child support enforcement agency.
(d)Any amount deducted and withheld under subsection
(b)of this section shall for all purposes be treated as if it were paid to the individual as unemployment compensation and paid by the individual to the state or local child support enforcement agency in satisfaction of the individual’s child support obligations.
(e)For purposes of this section, the term “unemployment compensation” means any compensation payable under the state law including amounts payable by the Commissioner pursuant to an agreement under any federal law providing for compensation, assistance, or allowances with respect to unemployment.
(f)As used in this section, “child support obligations” means obligations that are being enforced pursuant to a plan described in 42 U.S.C. § 654 that has been approved by the Secretary of Health and Human Services under part D of Title IV of the Social Security Act.
(g)As used in this section, “state or local child support enforcement agency” means any agency of a state or political subdivision of a state operating pursuant to a plan described in subsection
(f)of this section.
(h)The Commissioner shall implement the provisions of this section only if appropriate arrangements have been made for full reimbursement by the state or local child support enforcement agency for all administrative costs incurred by the Commissioner under this section that are attributable to child support obligations being enforced by the state or local child support enforcement agency. (Added 1981, No. 194 (Adj. Sess.), § 4, eff. Sept. 26, 1982; amended 2023, No. 85 (Adj. Sess.), § 209, eff. July 1, 2024.)