ยง231-52 - Definitions.
ยง231-52ย Definitions.ย As used insections 231-51 to 231-59, unless the context otherwise requires:
"Claimant agency" includes any stateagency, board, commission, department, institution, the judiciary, or otherstate organization, or any subdivision thereof.ย In the case of delinquentchild support pursuant to section 576D-1, "claimant agency" means thechild support enforcement agency or an agency under cooperative agreement withthe department whenever the department is required by law to enforce a supportorder on behalf of an individual.ย "Claimant agency" includes thedepartment of budget and finance when acting on behalf and at the request ofthe United Student Aid Funds, Inc. to collect defaulted education loan notesincurred under the federal Higher Education Act of 1965 (Public Law 89-329, 79Stat. 1219), as amended; provided that the department has a contract with theUnited Student Aid Funds, Inc. under chapter 309 when acting as a claimantagency.ย "Claimant agency" includes the department of taxation whenacting on behalf and at the request of the Internal Revenue Service under theUnited States Department of the Treasury, and when the Internal Revenue Serviceis authorized by federal law to administratively impose a levy upon a refund ofa debt or in satisfaction of the federal income taxes assessed under InternalRevenue Code of 1986, as amended.
"Debt" includes:
(1)ย Any delinquency in periodic court-ordered oradministrative-ordered payments for child support pursuant to section 576D-1,in an amount equal to or exceeding the sum of payments which would become dueover a one-month period;
(2)ย Any liquidated sum exceeding $25 which is due andowing any claimant agency, regardless of whether there is an outstandingjudgment for that sum, and whether the sum has accrued through contract,subrogation, tort, operation of law, or judicial or administrative judgment ororder;
(3)ย Any defaulted education loan note held by theUnited Student Aid Funds, Inc. incurred under the federal Higher Education Actof 1965 (Public Law 89-329, 79 Stat. 1219), as amended;
(4)ย Any federal income taxes due and owing to theUnited States Treasurer; or
(5)ย Any medicaid overpayment under section 346-59.6.
"Debtor" includes any person who owesa debt to any claimant agency, who is delinquent in payment of court-ordered oradministrative-ordered child support payments, pursuant to section 576D-1, whohas defaulted on an education loan note held by the United Student Aid Funds,Inc. incurred under the federal Higher Education Act of 1965 (Public Law89-329, 79 Stat. 1219), as amended, or who owes federal income taxes to theUnited States Treasurer.
"Refund" includes any state incometax refund which is or will be due any debtor, or any other sums due to adebtor from the State. [L 1982, c 199, pt of ยง1; am L 1985, c 256, ยง2; am L1986, c 87, ยง2 and c 332, ยง5; am L 1987, c 112, ยง1; am L 1988, c 199, ยง2; am L1998, c 66, ยง1, c 153, ยง2, and c 293, ยง4]