§ 282-A:159 — Assignment or Attachment of Benefits; Child Support Obligations; Overissuance of Food Stamp Coupons; Income Tax Withholding

New Hampshire § 282-A:159

• Jurisdiction: New Hampshire
• Title XXIII: LABOR
• Ch. 282-A: UNEMPLOYMENT COMPENSATION
• Subdivision: Protection of Rights and Benefits

Text

I. Any assignment, pledge, or encumbrance of any right to benefits which are or may become due or payable under this chapter shall be void. Such rights to benefits shall be exempt from levy, execution, attachment, or any other remedy whatsoever provided for the collection of debt or taxes. Benefits received by any individual shall be exempt from any remedy whatsoever for the collection of all debts except debts incurred for necessaries furnished to such individual or such individual's spouse or dependents during the time when such individual was unemployed. Any waiver of any exemption provided for in this section shall be void except for child support obligations and food stamp overissuances as provided in RSA 282-A:31 and this section and, if the individual so elects, withholding of federal income tax under rules adopted by the commissioner.
II. The commissioner is authorized to pay a portion or all of the unemployment compensation otherwise payable to a claimant to any agency of the state or its political subdivisions which enforces child support obligations. The amount so paid shall be deemed to be paid to the claimant. No such payment shall be made hereunder unless the New Hampshire department of health and human services or another New Hampshire governmental agency:
(a) Submits to the commissioner of the department of employment security the claimant's authorization for such child support, or the order of any court or administrative agency of competent jurisdiction for such child support, equal to or exceeding the child support requested; and
(b) Pays monthly, in advance, to the department of employment security administration costs as determined by the commissioner.
III. The commissioner may, if it is in the best interest of the state, enter into agreements to pay to a state or the federal government a portion or all of the unemployment compensation otherwise payable to a claimant if unemployment compensation benefits have been found overpaid under such state or federal unemployment compensation law.
IV. (a) The commissioner is authorized to adopt rules under RSA 541-A and enter into an agreement with the department of health and human services to pay a portion or all of the unemployment compensation payable to an individual consistent with section 303(d)(1) and (2) of the Social Security Act and section 13(b)(1) of the Food Stamp Act of 1977, to notify the department of health and human services that an individual with an overissuance of food stamp coupons has applied for unemployment compensation, and to withhold and deduct unemployment compensation otherwise payable in amounts consistent with the federal law and this paragraph. Amounts so withheld shall be deemed to have been paid to the claimant.
(b) No such deduction or payment shall be made under this paragraph unless the department of health and human services:
(1) Submits to the department of employment security an appropriate decision of an administrative agency or a court supporting the overissuance.
(2) Pays monthly, in advance, the department of employment security's administrative costs as provided for in the agreement.

Legislative History

1937, 178:1. RL 218:12. 1953, 261:4. RSA 282:13(C). 1957, 118:15, 16. 1973, 528:175, 176. 1981, 408:3. 1982, 35:7. 1983, 291:1, II. 1987, 243:9. 1995, 310:181. 1996, 45:1. 1997, 40:3, 4. 1998, 98:4, eff. July 1, 1998. 2014, 186:3, eff. Jan. 1, 2015.