131.4 Assignment of Support Rights

Support may be court-ordered or voluntary. It may be paid directly to the client or paid to DHS . Support paid by an LRR for a child or spouse or by a putative father for a child is included in the income calculations to determine eligibility. See Section 150.31, Support Payments .

If a recipient agrees to accept cash assistance, then DHS legally is required to collect support for the recipient and for any family member in the household also receiving cash assistance. The assignment is effective up to the amount of cash assistance received. The assignment does not include pre-assistance arrears owed to the family when they were not receiving cash assistance. Pre-assistance arrears are paid directly to the family by the Pennsylvania State Collection and Disbursement Unit (SCDU) .

NOTE: It is the noncustodial parent’s responsibility to remit support payments to Pennsylvania SCDU as indicated on the court order for support and required by law to receive credit for the payment.

55 Pa. Code §187.23(e)

23 Pa. C.S. 4378

Treat these support arrears payments as lump sum unearned income for:

Cash Assistance

Supplemental Nutritional Assistance Program (SNAP)

Medical Assistance

Low-Income Heating Energy Assistance Program (LIHEAP)

See :

Section 157.5, Determining the Effect of a Lump Sum Payment on Eligibility

SNAP Handbook Section 550.5, Income Excluded in Computing Eligibility

Medical Assistance Eligibility Handbook Section 357.1, General Policy

LIHEAP Handbook Section 650.7, Income Exclusions

The assignment:

Includes medical support to reimburse expenses paid under the DHS/Medicaid program

Is effective when the recipient is found eligible and until eligibility ends.

Upon termination of cash assistance:

The assignment of financial support rights ends, but support that was owed to DHS during the time cash assistance was being paid continues to be owed until it is paid to DHS per Federal law.

The assignment of medical support rights ends, but medical support that was owed for expenses paid under the DHS/Medicaid program continue to be owed to DHS until paid.

42 USC Section 608 (a) (3)

When the individual directly receives support after assignment, the CAO must:

Tell the applicant/recipient that, by law, support received directly by the recipient from an LRR or the DRS after assignment must be returned/repaid to DHS.

NOTE : It is possible to waive the collection of voluntary support paid directly to the recipient in some instances where domestic violence may exist. See Section 108.75, Verification of Eligibility Factors .

Not c ollect any voluntary or court-ordered support paid directly to the recipient. Give the individual Support Payment Instructions PA 1967.

NOTE: Issue a Receipt of Payment, PA/CS 175-M if the CAO receives voluntary support in error and the individual is not present . See Supplemental Handbook Chapter 915.7, Payment on a Reimbursement Claim . Send the household a PA 1967. Send the payment to:

Bureau of Child Support Enforcement

Division of Field Operations

P.O. Box 8018

Harrisburg, PA 17105

Process an overpayment referral for collection by the Office of Inspector General for any support payments received by a recipient after assignment and not returned to DHS.

Updated May 3, 2024, replacing January 31, 2-012