31 C.F.R. § 285.4 - Offset of Federal benefit payments to collect past-due, legally enforceable nontax debt

Cite as31 C.F.R. § 285.4
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40 practice notes
  • General Accounting Office; Department of Justice; Department of Treasury,
    • United States
    • Federal Register November 22, 2000
    • November 22, 2000
    ...except as provided in 42 U.S.C. 404; (ii) Payments made under the Social Security Act, except as provided for in 31 U.S.C. 3716(c) (see 31 CFR 285.4, Federal Benefit (iii) Debts arising under, or payments made under, the Internal Revenue Code (see 31 CFR 285.2, Tax Refund Offset) or the tar......
  • Federal property management: Claims collection,
    • United States
    • Federal Register July 11, 2003
    • July 11, 2003
    ...except as provided in 42 U.S.C. 404; (ii) Payments made under the Social Security Act, except as provided for in 31 U.S.C. 3716(c) (see 31 CFR 285.4, Federal Benefit (iii) Debts arising under, or payments made under, the Internal Revenue Code (see 31 CFR 285.2, Tax Refund Offset) or the tar......
  • General Accounting Office; Department of Justice; Department of Treasury,
    • United States
    • Federal Register November 22, 2000
    • November 22, 2000
    ...except as provided in 42 U.S.C. 404; (ii) Payments made under the Social Security Act, except as provided for in 31 U.S.C. 3716(c) (see 31 CFR 285.4, Federal Benefit (iii) Debts arising under, or payments made under, the Internal Revenue Code (see 31 CFR 285.2, Tax Refund Offset) or the tar......
  • Federal property management: Claims collection,
    • United States
    • Federal Register December 10, 2003
    • December 10, 2003
    ...except as provided in 42 U.S.C. 404; (ii) Payments made under the Social Security Act, except as provided for in 31 U.S.C. 3716(c) (see 31 CFR 285.4, Federal Benefit (iii) Debts arising under, or payments made under, the Internal Revenue Code [[Page 68744]] (see 31 CFR 285.2, Tax Refund Off......
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19 cases
  • Miller v. Smith, Civil Action No. 12–1255 (ABJ).
    • United States
    • United States District Courts. United States District Court (Columbia)
    • July 10, 2013
    ...C.F.R. § 285.6(h)(1), expressly incorporates 31 C.F.R. § 285.5(f)(2)(i), which states that, “[e]xcept as otherwise provided in 31 C.F.R. § 285.4(e) and 285.7(g) (addressing centralized offset of certain Federal benefit payments and salary payments, respectively), the disbursing official sha......
  • Guillermety v. Secretary of Educ. of U.S., No. 01-CV-74904-DT.
    • United States
    • United States District Courts. 6th Circuit. United States District Court (Eastern District of Michigan)
    • September 27, 2002
    ...determined by an agency official to be due the United States from any person, organization, or entity except another Federal agency." 31 C.F.R. § 285.4(b). The Debt Collection Improvement Act, therefore, only speaks to the offset of amounts owed to the United States Government, or, third-pa......
  • Manning v. Astrue, No. 06-7127.
    • United States
    • U.S. Court of Appeals — Tenth Circuit
    • December 20, 2007
    ...The court found that the offset could be set aside and the Commissioner had the authority to retrieve the offset money pursuant to 31 C.F.R. § 285.4(h). Dixon-Townsell, 445 F.Supp.2d at 1285. The court also found that there was no authority to grant the EAJA fees to the claimant, because th......
  • Lima v. U.S. Dep't of Educ., CIVIL NO. 15-00242 KSC
    • United States
    • U.S. District Court — District of Hawaii
    • April 25, 2017
    ...No. 2:12-CV-08413-SVW-CW, 2012 WL 5831169, at *2 (C.D. Cal. Nov. 2, 2012) ("Neither Section 3716 nor its implementing regulation, 31 C.F.R § 285.4, includes a provision for judicial review."). Indeed, "§ 3716 [merely] provides the guidelines to be followed to accomplish administrative offse......
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