§ 44-30.1-1 Definitions. – (a) "Benefit overpayments and interest owed" means any amount in excess of fivehundred dollars ($500) determined to be recoverable under the provisions ofchapters 39 – 44 of title 28.
(b) "Cash assistance benefit overpayments" means any amountof cash assistance benefits which constitutes an overpayment of benefits underthe provisions of the Rhode Island Works Program as previously established bychapter 5.2 of title 40, and/or the predecessor family assistance programs,formerly known as the Family Independence Program, as previously established bychapter 5.1 of title 40, and the Aid to Families With Dependent Childrenprogram, as previously established by § 40-6-4, which overpayment amounthas been established by court order, by administrative hearing conducted by thedepartment of human services, or by written agreement between the department ofhuman services and the individual.
(c) "Claimant agency" means either:
(1) The department of human services, with respect (1) topast-due support which has been assigned to the department of human services bypublic assistance and medical assistance recipients or by the department forchildren, youth and families, (2) past-due support which it is attempting tocollect on behalf of any individual not eligible as a public assistancerecipient, and (3) cash assistance benefit overpayments or medical assistancebenefit overpayments, as defined herein; or
(2) The Rhode Island higher education assistance authority(RIHEAA), with respect to obligations owed to that agency or to the state ofRhode Island by reason of default or failure to pay student loans, healthprofessions contract advances or scholarships or grant over-awards, or
(ii) The Rhode Island higher education assistance authority(RIHEAA), acting as agent for the United States Department of Education orother student loan guarantee agencies in other states which have negotiated areciprocal arrangement with the RIHEAA for the setoff of refunds of personalincome taxes against defaulted loan obligations.
(3) The Rhode Island court administrative office, withrespect to court costs, fines, and restitution owed; or
(4) The department of labor and training with respect tobenefit overpayments and interest owed in excess of five hundred dollars ($500).
(d) "Court costs owed" means any fines, fees, and/or courtcosts which have been assessed pursuant to a criminal disposition by a judgeof the district, family and superior courts, including, but not limited to,those amounts assessed pursuant to chapters 20 and 25 of title 12 and thoseamounts assessed pursuant to title 31, including also those fines, fees, and/orcourt costs assessed by the traffic tribunal or municipal court associated withmotor vehicle violations which have not been paid and which have been declareddelinquent by the administrative judge of the court making the assessment.
(e) "Debtor" means:
(1) Any individual who owes past-due support which has beenassigned to the department of human services by public assistance and medicalassistance recipients or by the department of children, youth and families, orowes past due support to any individual not eligible as a public assistancerecipient;
(2) Any individual who has obligations owed to RIHEAA or thestate of Rhode Island, the United States Department of Education or otherstates and agencies that have negotiated reciprocal agreements with RIHEAA;
(3) Any individual who owes fines, fees, and/or court coststo the superior, family, district courts and the traffic tribunal and municipalcourt associated with motor vehicle violations;
(4) Any individual who owes restitution to any victim of anyoffense which has been ordered by a judge of the district, family and superiorcourts pursuant to a disposition in a criminal case and which has been madepayable through the administrative office of state courts pursuant to §12-19-34 except that obligations discharged in bankruptcy shall not be included;
(5) Any individual who owes any sum in excess of five hundreddollars ($500) for benefit overpayments and interest to the department of laborand training determined to be recoverable under the provisions of chapters39-44 of title 28.
(6) Any individual who owes any sum of cash assistancebenefit overpayments to the department of human services.
(7) Any individual who has obligations owed to the RhodeIsland Student Loan Authority (RISLA), or other states and agencies that havenegotiated reciprocal agreements with RISLA.
(f) "Division" means the department of revenue, division oftaxation.
(g) "Fines owed" means any fines, fees, and/or court costswhich have been ordered paid as a penalty in a criminal case by a judge of thedistrict, family and superior courts and those fines, fees, and/or court costsordered paid by the traffic tribunal or municipal court for motor vehicleviolations as described in § 31-41.1-4 which have not been paid and whichhave been declared delinquent by the administrative judge of the court makingthe assessment.
(h) "Medical assistance benefit overpayment" means any amountof medical assistance benefits which constitutes an overpayment of medicalassistance benefits. The department is authorized to promulgate rules andregulations to provide for notice and hearing prior to the income tax interceptby the department for income tax intercept for medical assistance benefitsoverpaid to the recipient. The amount of overpayment of benefits may includethe overpayment of benefits due to the fact that the Medicaid recipient failedto pay the cost share obligation lawfully imposed in accordance with RhodeIsland law.
(i) "Medical assistance cost share arrearage" means anyamount due and owing to the department of human services as a result of aMedicaid recipient's failure to pay their cost share obligation, including anyamount due for a cost sharing obligation or medical assistance premiumobligation, imposed in accordance with Title 40, Chapter 8.4 of the RhodeIsland General Laws.
(j) "Obligation owed" means the total amount owed by anyindividual on:
(1) Any guaranteed student loan or parent loan forundergraduate students for which RIHEAA has had to pay the guarantee, or forwhich RIHEAA is acting as agent on behalf of the United States Department ofEducation or other state cooperating agencies which have had to pay a guarantee,
(2) Any contract fee advanced by either RIHEAA or the stateof Rhode Island on behalf of any individual participating in a healthprofessions educational program for which payment has not been made accordingto the terms of the contract, and
(3) Any amount of scholarship or grant funds whichconstitutes an over-award, whether due to error or to the submission of falseinformation, and for which repayment has been demanded by the agency, but whichhas not been paid.
(4) Any education loan held by the Rhode Island Student LoanAuthority (RISLA) not guaranteed by RIHEAA or other guarantor.
(k) "Past-due support" means the amount of court-orderedchild support or maintenance, child medical support or a spousal support orderfor a custodial parent having custody of a minor child, which is overdue orotherwise in arrears, regardless of whether there is an outstanding judgmentfor that amount, and whether the order for the support or maintenance has beenestablished by a court or by an administrative process authorized under thelaws of any state.
(l) "Refund" means the Rhode Island income tax refund whichthe division of taxation determines to be due to a taxpayer.
(m) "Restitution owed" means any amount which has beenordered paid pursuant to a criminal case disposition by a judge of thedistrict, family and superior courts pursuant to chapter 19 of title 12, whichhas not been paid and which has been declared delinquent by the administrativejudge of the court making the assessment.
§ 44-30.1-1 Definitions. – (a) "Benefit overpayments and interest owed" means any amount in excess of fivehundred dollars ($500) determined to be recoverable under the provisions ofchapters 39 – 44 of title 28.
(b) "Cash assistance benefit overpayments" means any amountof cash assistance benefits which constitutes an overpayment of benefits underthe provisions of the Rhode Island Works Program as previously established bychapter 5.2 of title 40, and/or the predecessor family assistance programs,formerly known as the Family Independence Program, as previously established bychapter 5.1 of title 40, and the Aid to Families With Dependent Childrenprogram, as previously established by § 40-6-4, which overpayment amounthas been established by court order, by administrative hearing conducted by thedepartment of human services, or by written agreement between the department ofhuman services and the individual.
(c) "Claimant agency" means either:
(1) The department of human services, with respect (1) topast-due support which has been assigned to the department of human services bypublic assistance and medical assistance recipients or by the department forchildren, youth and families, (2) past-due support which it is attempting tocollect on behalf of any individual not eligible as a public assistancerecipient, and (3) cash assistance benefit overpayments or medical assistancebenefit overpayments, as defined herein; or
(2) The Rhode Island higher education assistance authority(RIHEAA), with respect to obligations owed to that agency or to the state ofRhode Island by reason of default or failure to pay student loans, healthprofessions contract advances or scholarships or grant over-awards, or
(ii) The Rhode Island higher education assistance authority(RIHEAA), acting as agent for the United States Department of Education orother student loan guarantee agencies in other states which have negotiated areciprocal arrangement with the RIHEAA for the setoff of refunds of personalincome taxes against defaulted loan obligations.
(3) The Rhode Island court administrative office, withrespect to court costs, fines, and restitution owed; or
(4) The department of labor and training with respect tobenefit overpayments and interest owed in excess of five hundred dollars ($500).
(d) "Court costs owed" means any fines, fees, and/or courtcosts which have been assessed pursuant to a criminal disposition by a judgeof the district, family and superior courts, including, but not limited to,those amounts assessed pursuant to chapters 20 and 25 of title 12 and thoseamounts assessed pursuant to title 31, including also those fines, fees, and/orcourt costs assessed by the traffic tribunal or municipal court associated withmotor vehicle violations which have not been paid and which have been declareddelinquent by the administrative judge of the court making the assessment.
(e) "Debtor" means:
(1) Any individual who owes past-due support which has beenassigned to the department of human services by public assistance and medicalassistance recipients or by the department of children, youth and families, orowes past due support to any individual not eligible as a public assistancerecipient;
(2) Any individual who has obligations owed to RIHEAA or thestate of Rhode Island, the United States Department of Education or otherstates and agencies that have negotiated reciprocal agreements with RIHEAA;
(3) Any individual who owes fines, fees, and/or court coststo the superior, family, district courts and the traffic tribunal and municipalcourt associated with motor vehicle violations;
(4) Any individual who owes restitution to any victim of anyoffense which has been ordered by a judge of the district, family and superiorcourts pursuant to a disposition in a criminal case and which has been madepayable through the administrative office of state courts pursuant to §12-19-34 except that obligations discharged in bankruptcy shall not be included;
(5) Any individual who owes any sum in excess of five hundreddollars ($500) for benefit overpayments and interest to the department of laborand training determined to be recoverable under the provisions of chapters39-44 of title 28.
(6) Any individual who owes any sum of cash assistancebenefit overpayments to the department of human services.
(7) Any individual who has obligations owed to the RhodeIsland Student Loan Authority (RISLA), or other states and agencies that havenegotiated reciprocal agreements with RISLA.
(f) "Division" means the department of revenue, division oftaxation.
(g) "Fines owed" means any fines, fees, and/or court costswhich have been ordered paid as a penalty in a criminal case by a judge of thedistrict, family and superior courts and those fines, fees, and/or court costsordered paid by the traffic tribunal or municipal court for motor vehicleviolations as described in § 31-41.1-4 which have not been paid and whichhave been declared delinquent by the administrative judge of the court makingthe assessment.
(h) "Medical assistance benefit overpayment" means any amountof medical assistance benefits which constitutes an overpayment of medicalassistance benefits. The department is authorized to promulgate rules andregulations to provide for notice and hearing prior to the income tax interceptby the department for income tax intercept for medical assistance benefitsoverpaid to the recipient. The amount of overpayment of benefits may includethe overpayment of benefits due to the fact that the Medicaid recipient failedto pay the cost share obligation lawfully imposed in accordance with RhodeIsland law.
(i) "Medical assistance cost share arrearage" means anyamount due and owing to the department of human services as a result of aMedicaid recipient's failure to pay their cost share obligation, including anyamount due for a cost sharing obligation or medical assistance premiumobligation, imposed in accordance with Title 40, Chapter 8.4 of the RhodeIsland General Laws.
(j) "Obligation owed" means the total amount owed by anyindividual on:
(1) Any guaranteed student loan or parent loan forundergraduate students for which RIHEAA has had to pay the guarantee, or forwhich RIHEAA is acting as agent on behalf of the United States Department ofEducation or other state cooperating agencies which have had to pay a guarantee,
(2) Any contract fee advanced by either RIHEAA or the stateof Rhode Island on behalf of any individual participating in a healthprofessions educational program for which payment has not been made accordingto the terms of the contract, and
(3) Any amount of scholarship or grant funds whichconstitutes an over-award, whether due to error or to the submission of falseinformation, and for which repayment has been demanded by the agency, but whichhas not been paid.
(4) Any education loan held by the Rhode Island Student LoanAuthority (RISLA) not guaranteed by RIHEAA or other guarantor.
(k) "Past-due support" means the amount of court-orderedchild support or maintenance, child medical support or a spousal support orderfor a custodial parent having custody of a minor child, which is overdue orotherwise in arrears, regardless of whether there is an outstanding judgmentfor that amount, and whether the order for the support or maintenance has beenestablished by a court or by an administrative process authorized under thelaws of any state.
(l) "Refund" means the Rhode Island income tax refund whichthe division of taxation determines to be due to a taxpayer.
(m) "Restitution owed" means any amount which has beenordered paid pursuant to a criminal case disposition by a judge of thedistrict, family and superior courts pursuant to chapter 19 of title 12, whichhas not been paid and which has been declared delinquent by the administrativejudge of the court making the assessment.
§ 44-30.1-1 Definitions. – (a) "Benefit overpayments and interest owed" means any amount in excess of fivehundred dollars ($500) determined to be recoverable under the provisions ofchapters 39 – 44 of title 28.
(b) "Cash assistance benefit overpayments" means any amountof cash assistance benefits which constitutes an overpayment of benefits underthe provisions of the Rhode Island Works Program as previously established bychapter 5.2 of title 40, and/or the predecessor family assistance programs,formerly known as the Family Independence Program, as previously established bychapter 5.1 of title 40, and the Aid to Families With Dependent Childrenprogram, as previously established by § 40-6-4, which overpayment amounthas been established by court order, by administrative hearing conducted by thedepartment of human services, or by written agreement between the department ofhuman services and the individual.
(c) "Claimant agency" means either:
(1) The department of human services, with respect (1) topast-due support which has been assigned to the department of human services bypublic assistance and medical assistance recipients or by the department forchildren, youth and families, (2) past-due support which it is attempting tocollect on behalf of any individual not eligible as a public assistancerecipient, and (3) cash assistance benefit overpayments or medical assistancebenefit overpayments, as defined herein; or
(2) The Rhode Island higher education assistance authority(RIHEAA), with respect to obligations owed to that agency or to the state ofRhode Island by reason of default or failure to pay student loans, healthprofessions contract advances or scholarships or grant over-awards, or
(ii) The Rhode Island higher education assistance authority(RIHEAA), acting as agent for the United States Department of Education orother student loan guarantee agencies in other states which have negotiated areciprocal arrangement with the RIHEAA for the setoff of refunds of personalincome taxes against defaulted loan obligations.
(3) The Rhode Island court administrative office, withrespect to court costs, fines, and restitution owed; or
(4) The department of labor and training with respect tobenefit overpayments and interest owed in excess of five hundred dollars ($500).
(d) "Court costs owed" means any fines, fees, and/or courtcosts which have been assessed pursuant to a criminal disposition by a judgeof the district, family and superior courts, including, but not limited to,those amounts assessed pursuant to chapters 20 and 25 of title 12 and thoseamounts assessed pursuant to title 31, including also those fines, fees, and/orcourt costs assessed by the traffic tribunal or municipal court associated withmotor vehicle violations which have not been paid and which have been declareddelinquent by the administrative judge of the court making the assessment.
(e) "Debtor" means:
(1) Any individual who owes past-due support which has beenassigned to the department of human services by public assistance and medicalassistance recipients or by the department of children, youth and families, orowes past due support to any individual not eligible as a public assistancerecipient;
(2) Any individual who has obligations owed to RIHEAA or thestate of Rhode Island, the United States Department of Education or otherstates and agencies that have negotiated reciprocal agreements with RIHEAA;
(3) Any individual who owes fines, fees, and/or court coststo the superior, family, district courts and the traffic tribunal and municipalcourt associated with motor vehicle violations;
(4) Any individual who owes restitution to any victim of anyoffense which has been ordered by a judge of the district, family and superiorcourts pursuant to a disposition in a criminal case and which has been madepayable through the administrative office of state courts pursuant to §12-19-34 except that obligations discharged in bankruptcy shall not be included;
(5) Any individual who owes any sum in excess of five hundreddollars ($500) for benefit overpayments and interest to the department of laborand training determined to be recoverable under the provisions of chapters39-44 of title 28.
(6) Any individual who owes any sum of cash assistancebenefit overpayments to the department of human services.
(7) Any individual who has obligations owed to the RhodeIsland Student Loan Authority (RISLA), or other states and agencies that havenegotiated reciprocal agreements with RISLA.
(f) "Division" means the department of revenue, division oftaxation.
(g) "Fines owed" means any fines, fees, and/or court costswhich have been ordered paid as a penalty in a criminal case by a judge of thedistrict, family and superior courts and those fines, fees, and/or court costsordered paid by the traffic tribunal or municipal court for motor vehicleviolations as described in § 31-41.1-4 which have not been paid and whichhave been declared delinquent by the administrative judge of the court makingthe assessment.
(h) "Medical assistance benefit overpayment" means any amountof medical assistance benefits which constitutes an overpayment of medicalassistance benefits. The department is authorized to promulgate rules andregulations to provide for notice and hearing prior to the income tax interceptby the department for income tax intercept for medical assistance benefitsoverpaid to the recipient. The amount of overpayment of benefits may includethe overpayment of benefits due to the fact that the Medicaid recipient failedto pay the cost share obligation lawfully imposed in accordance with RhodeIsland law.
(i) "Medical assistance cost share arrearage" means anyamount due and owing to the department of human services as a result of aMedicaid recipient's failure to pay their cost share obligation, including anyamount due for a cost sharing obligation or medical assistance premiumobligation, imposed in accordance with Title 40, Chapter 8.4 of the RhodeIsland General Laws.
(j) "Obligation owed" means the total amount owed by anyindividual on:
(1) Any guaranteed student loan or parent loan forundergraduate students for which RIHEAA has had to pay the guarantee, or forwhich RIHEAA is acting as agent on behalf of the United States Department ofEducation or other state cooperating agencies which have had to pay a guarantee,
(2) Any contract fee advanced by either RIHEAA or the stateof Rhode Island on behalf of any individual participating in a healthprofessions educational program for which payment has not been made accordingto the terms of the contract, and
(3) Any amount of scholarship or grant funds whichconstitutes an over-award, whether due to error or to the submission of falseinformation, and for which repayment has been demanded by the agency, but whichhas not been paid.
(4) Any education loan held by the Rhode Island Student LoanAuthority (RISLA) not guaranteed by RIHEAA or other guarantor.
(k) "Past-due support" means the amount of court-orderedchild support or maintenance, child medical support or a spousal support orderfor a custodial parent having custody of a minor child, which is overdue orotherwise in arrears, regardless of whether there is an outstanding judgmentfor that amount, and whether the order for the support or maintenance has beenestablished by a court or by an administrative process authorized under thelaws of any state.
(l) "Refund" means the Rhode Island income tax refund whichthe division of taxation determines to be due to a taxpayer.
(m) "Restitution owed" means any amount which has beenordered paid pursuant to a criminal case disposition by a judge of thedistrict, family and superior courts pursuant to chapter 19 of title 12, whichhas not been paid and which has been declared delinquent by the administrativejudge of the court making the assessment.
