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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41 practice notes
  • General Accounting Office; Department of Justice; Department of Treasury,
    • United States
    • Federal Register November 22, 2000
    • 22 d3 Novembro d3 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......
  • General Accounting Office; Department of Justice; Department of Treasury,
    • United States
    • Federal Register November 22, 2000
    • 22 d3 Novembro d3 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 claims collection: Debt management,
    • United States
    • Federal Register May 30, 2003
    • 30 d5 Maio d5 2003
    ...except as provided in 42 U.S.C. 404; (2) 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 (3) Debts arising under, or payments made under, the Internal Revenue Code (except for offset of tax refunds) or the tariff la......
  • Federal property management: Claims collection,
    • United States
    • Federal Register July 11, 2003
    • 11 d5 Julho d5 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......
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20 cases
  • Miller v. Smith, Civil Action No. 12–1255 (ABJ).
    • United States
    • United States District Courts. United States District Court (Columbia)
    • 10 d3 Julho d3 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., 01-CV-74904-DT.
    • United States
    • United States District Courts. 6th Circuit. United States District Court (Eastern District of Michigan)
    • 27 d5 Setembro d5 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, 06-7127.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (10th Circuit)
    • 20 d4 Dezembro d4 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
    • United States District Courts. 9th Circuit. United States District Court (Hawaii)
    • 25 d2 Abril d2 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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