CHAPTER Sw 900  RULES OF LOTTERY INTERCEPT

 

Statutory Authority:  RSA 284:21-v

 

PART Sw 901  NEW HAMPSHIRE LOTTERY INTERCEPT

 

          Sw 901.01  Purpose.  The purpose of this chapter is to set forth the procedures for withholding a portion or the entire lottery prize payments for distribution toward past due child support.

 

Source.  #1548, eff 3-17-80, EXPIRED: 1-1-83

 

New.  #6401, eff 12-14-96; ss and moved by #7413, eff 12-8-00 (from Sw 9000), EXPIRED: 12-8-08

 

New.  #9344, eff 12-10-08; ss by #12090, eff 1-27-17

 

          Sw 901.02  Scope.  This rule applies to any lottery claimant of a prize that meets or exceeds the reportable winning amounts set by the Internal Revenue Code, and who is past due on court ordered child support payments.

 

Source.  #12090, eff 1-27-17

 

          Sw 901.03  Definitions.

 

          (a)  "Commission" means the New Hampshire lottery commission established pursuant to RSA 284:21-a, or its designated staff having authority to perform administrative and clerical functions for the commission.

 

Source.  #12090, eff 1-27-17 (from Sw 901.01)

 

PART Sw 902  LOTTERY INTERCEPT PROCEDURES

 

          Sw 902.01  Verification of Child Support Arrearage.

 

          (a)  Pursuant to RSA 284:21-v, the commission shall identify whether the claimant of any lottery prize subject to the reporting requirements of Federal Tax Form W-2G, “Certain Gambling Winnings”, reporting requirements, is in arrearages on any child support owed.

 

          (b)  The commission shall verify through the New Hampshire department of health and human services, division of child support services (DCSS), the amount, if any, of the child support arrearage owed.

 

          (c)  The commission shall notify the claimant via Form w742, "Notice of Intercept of Lottery Winnings for Child Support", that all or a portion of their lottery prize shall be paid to DCSS in satisfaction of past due child support.  Non-cash prizes shall be paid in accordance with the provisions set forth in Sw 902.02.

 

Source.  #1548, eff 3-17-80, EXPIRED: 1-1-83

 

New.  #6401, eff 12-14-96; ss and moved by #7413, eff \12-8-00 (from Sw 9000), EXPIRED: 12-8-08

 

New.  #9344, eff 12-10-08; ss by #12090, eff 1-27-17

 

          Sw 902.02  Non-Cash Prizes.

 

          (a)  In the event that the claimant of a non-cash prize is identified as having a child support arrearage and the claimant does not contest owing such arrearage, the commission shall, at the request of the claimant:

 

(1)  Retain the prize for up to 5 business days, commencing with the date of the claim, to afford the claimant the opportunity to satisfy any arrearage; or

 

(2)  When the non-cash prize has a cash prize payout option, convert the prize to cash and remit to DCSS, the arrearage amount owed up to the cash value paid by the commission, and remit the remaining cash balance to the claimant, if any.

 

          (b)  The executive director, appointed by the commission under the authority of RSA 284:21-i, I, shall waive the deadline specified in (a)(1) above when the claimant is able to demonstrate good cause  in accordance with (c) below.  In no event shall the commission retain the non-cash prize for more than 30 days. 

 

          (c)  Good cause shall be considered to exist when the claimant can provide documentation that demonstrates that:

 

(1)  They are unable to satisfy the arrearage within the deadline set by (a)(1) above due to circumstances beyond his or her control; and

 

(2)  He or she will be able to satisfy the arrearage at a specified date within the 30 day time frame set by (b) above.

 

          (d)  The following shall apply when a claimant of a non-cash prize is unable to satisfy his or her child support obligations within the deadlines described in (a)(1) and (b) above:

 

(1)  If the prize has a cash prize payout option,  the commission shall immediately convert the prize to cash and remit to DCSS the arrearage amount owned up to the cash value of the prize and remit the remaining balance to the claimant, if any; or

 

(2) If the prize cannot be converted to cash, the claimant shall forfeit the prize, and the commission shall select an alternate winner.

 

Source.  #7413, eff 12-8-00, EXPIRED: 12-8-08

 

New.  #9344, eff 12-10-08; ss by #12090, eff 1-27-17

 

          Sw 902.03  Appeals.

 

          (a)  In accordance with He-W 404.02, a claimant may request a formal appeal only on the basis of a mistake in fact.

 

          (b)  A claimant who wishes to request an appeal based on a mistake of fact shall submit such a request to the DCSS in accordance with He-W 404.02.

 

          (c)  In accordance with He-W 404.04, when a DCSS supervisory review, administrative hearing or judicial review determines that any portion of a cash prize or non-cash prize that was converted to cash has been erroneously withheld, DCSS shall refund the portion of intercepted lottery winnings that was withheld in error.

 

(d)  When a DCSS supervisory review, administrative hearing or judicial review determines that a non-cash prize without a cash payment option has been erroneously forfeited, the commission shall award the claimant cash equal to the value of the forfeited prize.

 

Source.  #7413, eff 12-8-00, EXPIRED: 12-8-08

 

New.  #9344, eff 12-10-08; ss by #12090, eff 1-27-17

 

          Sw 902.04  Disclosure.

 

          (a)  No person or organization, other than DCSS, shall be granted access to any personally identifiable information regarding any claimant obtained by the lottery intercept program, except as permitted by law or rule.

 

          (b)  The commission shall restrict access to the DCSS database to authorized claims personnel only and shall advise all personnel having access as to the confidential nature of this data pursuant to RSA 161-B:7, III.

 

Source.  #12090, eff 1-27-17 (from Sw 902.03)

 

APPENDIX

 

Rule

Specific State Statute which the Rule Implements

 

 

Sw 900

RSA 284:21-v