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§ 863.1. Child support intercept of unemployment compensation

Purdon's Pennsylvania Statutes and Consolidated StatutesTitle 43 P.S. Labor

Purdon's Pennsylvania Statutes and Consolidated Statutes
Title 43 P.S. Labor (Refs & Annos)
Chapter 14. Unemployment Compensation Law (Refs & Annos)
Article VII. Protection of Rights and Compensation
43 P.S. § 863.1
§ 863.1. Child support intercept of unemployment compensation
Currentness
Notwithstanding any other provisions of this or any other act:
(a) An individual filing a new claim for unemployment compensation shall, at the time of filing such claim, be required to disclose whether he owes child support obligations as defined in subsection (h).
(b) Information that the individual has been determined to be eligible for unemployment compensation shall be provided to State or local child support enforcement agencies enforcing such obligation.
(c) The Department of Labor and Industry shall deduct and withhold from any unemployment compensation payable to an individual that owes child support obligations as defined under subsection (h):
(1) the amount specified by the individual to be deducted and withheld under this subsection if neither paragraph (2) nor (3) is applicable;
(2) the amount (if any) determined pursuant to an agreement submitted to the department under section 454(20)(B)(i) of the Social Security Act by the State or local child support enforcement agency,1 unless paragraph (3) is applicable; or
(3) any amount otherwise required to be so deducted and withheld from such unemployment compensation pursuant to legal process (as defined in section 462(e) of the Social Security Act).2
(d) Any amount deducted and withheld under subsection (c) shall be paid to the appropriate State or local child support enforcement agency.
(e) Any amount deducted and withheld under subsection (c) shall for all purposes be treated as if it were paid to the individual as unemployment compensation and paid by such individual to the State or local child support enforcement agency in satisfaction of the individual's child support obligations.
(f) For purposes of subsections (a) through (e), the term “unemployment compensation” means any compensation payable under the State law (including amounts payable pursuant to an agreement under any Federal law providing for compensation, assistance, or allowances with respect to unemployment).
(g) Deductions will be made pursuant to this section only if appropriate arrangements have been made for reimbursement by the State or local child support enforcement agency for the administrative costs incurred by the department under this section which are attributable to child support obligations being enforced by the State or local child support enforcement agency.
(h) The term “child support obligations” is defined for purposes of these provisions as including only obligations which are being enforced pursuant to a plan described in section 454 of the Social Security Act which has been approved by the Secretary of Health and Human Services under Part D of Title IV of the Social Security Act.3
(i) The term “State or local child support enforcement agency” as used in these provisions means any agency of a State or political subdivision thereof operating pursuant to a plan described in subsection (h).

Credits

1936, Second Ex.Sess., Dec. 5, P.L. (1937) 2897, art. VII, § 703.1, added 1981, Oct. 22, P.L. 301, No. 106, § 5, effective Oct. 1, 1982.

Footnotes

1
42 U.S.C.A. § 654, probably cl. (19)(B)(i).
2
42 U.S.C.A. § 662(e) (repealed).
3
42 U.S.C.A. § 651 et seq.
43 P.S. § 863.1, PA ST 43 P.S. § 863.1
Current through Act 10 of the 2024 Regular Session. Some statute sections may be more current, see credits for details.
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