2006 Ohio Revised Code - [5101.18.4] 5101.184.Collection of overpayments from state and federal income tax refunds.

[§ 5101.18.4] § 5101.184. Collection of overpayments from state and federal income tax refunds.
 

(A)  The director of job and family services shall work with the tax commissioner to collect overpayments of assistance under Chapter 5107., 5111., or 5115., former Chapter 5113., or section 5101.54 of the Revised Code from refunds of state income taxes for taxable year 1992 and thereafter that are payable to the recipients of such overpayments. 
 

Any overpayment of assistance, whether obtained by fraud or misrepresentation, as the result of an error by the recipient or by the agency making the payment, or in any other manner, may be collected under this section. Any reduction under section 5747.12 or 5747.121 [5747.12.1] of the Revised Code to an income tax refund shall be made before a reduction under this section. No reduction shall be made under this section if the amount of the refund is less than twenty-five dollars after any reduction under section 5747.12 of the Revised Code. A reduction under this section shall be made before any part of the refund is contributed under section 5747.113 [5747.11.3] of the Revised Code, or is credited under section 5747.12 of the Revised Code against tax due in any subsequent year. 
 

The director and the tax commissioner, by rules adopted in accordance with Chapter 119. of the Revised Code, shall establish procedures to implement this division. The procedures shall provide for notice to a recipient of assistance and an opportunity for the recipient to be heard before the recipient's income tax refund is reduced. 

(B)  The director of job and family services may enter into agreements with the federal government to collect overpayments of assistance from refunds of federal income taxes that are payable to recipients of the overpayments. 
 

HISTORY: 144 v S 331 (Eff 11-13-92); 146 v H 249 (Eff 7-17-95); 148 v H 471 (Eff 7-1-2000); 149 v H 94. Eff 9-5-2001; 151 v H 66, § 101.01, eff. 6-30-05.
 

The effective date is set by § 612.21 of 151 v H 66. 

The effective date is set by section 204 of HB 94. 

 

Effect of Amendments

151 v H 66, effective June 30, 2005, deleted "to the natural areas and preserves fund or the nongame and endangered wildlife fund" preceding "or is credited" in the second paragraph of (A).