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 |