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7 LONG TITLE
8 General Description:
9 This bill modifies provisions related to benefits received under the Supplemental
10 Nutrition Assistance Program (SNAP).
11 Highlighted Provisions:
12 This bill:
13 ▸ establishes that assignment of support provisions enforced by the Department of
14 Workforce Services and the Office of Recovery Services as a condition of receiving
15 public assistance apply to an applicant for SNAP benefits; and
16 ▸ establishes that certain federal provisions related to cooperation with a state's child
17 support agency apply to an applicant for SNAP benefits.
18 Money Appropriated in this Bill:
19 None
20 Other Special Clauses:
21 None
22 Utah Code Sections Affected:
23 AMENDS:
24 35A-3-108, as last amended by Laws of Utah 2015, Chapter 221
25 ENACTS:
26 35A-3-119, Utah Code Annotated 1953
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28 Be it enacted by the Legislature of the state of Utah:
29 Section 1. Section 35A-3-108 is amended to read:
30 35A-3-108. Assignment of support.
31 (1) (a) An applicant shall provide an assignment of support to the department
32 regardless of whether the payment is court ordered.
33 (b) Upon the receipt of public assistance, including SNAP benefits, any right of the
34 recipient to receive support from another person passes to the state, including a right to support
35 on behalf of any family member for whom the recipient is applying for or receiving assistance,
36 even if the recipient has not executed and delivered an assignment of support to the department
37 as required by Subsection (1)(a).
38 (2) An assignment of support, or a right to receive support passed to the state, includes
39 payments ordered, decreed, or adjudged by a court within this state, another state, or a territory
40 of the United States and is not in lieu of, and does not supersede or alter, any other court order,
41 decree, or judgment.
42 (3) When an assignment of support is executed or the right to support passes to the
43 state under this section, the recipient is eligible to regular monthly assistance and the support
44 paid to the state is a refund.
45 (4) All money refunded under this section shall be deposited into the General Fund,
46 except any amount which is required to be credited to the federal government.
47 (5) On and after the date a recipient stops receiving cash assistance, an assignment of
48 support under this section does not apply to support that accrued before the recipient received
49 the cash assistance if:
50 (a) the state has not collected the support by the date the recipient stops receiving cash
51 assistance; and
52 (b) the assignment was executed on or after October 1, 1998.
53 (6) The state shall distribute arrearages to a recipient in accordance with the
54 requirements of the Social Security Act, 42 U.S.C. Sec. 657.
55 (7) When an assignment of support includes child support, the total amount of child
56 support assigned to the state and collected under this section may not exceed the total amount
57 of cash assistance received by the recipient.
58 Section 2. Section 35A-3-119 is enacted to read:
59 35A-3-119. Child support cooperation for SNAP benefits.
60 As a condition of eligibility for SNAP benefits, the department shall ensure that each
61 applicant is subject to the following when applicable:
62 (1) the assignment of support provisions described in Section 35A-3-108;
63 (2) the duties of an obligee whose rights to support have been assigned described in
64 Section 62A-11-307.2, including the cooperation requirements described in Subsection
65 62A-11-307.2(2); and
66 (3) the child support cooperation requirements described in 7 C.F.R. Sec. 273.11(o)
67 and (p).