Current Status Bill Number:3013 Type of Legislation:General Bill GB Introducing Body:House Introduced Date:19950110 Primary Sponsor:Hutson All Sponsors:Hutson, Simrill, Law, Richardson Drafted Document Number:JIC\5160AC.95 Residing Body:House Current Committee:Judiciary Committee 25 HJ Subject:Families with dependent children, aid to
Body Date Action Description Com Leg Involved
______ ________ _______________________________________ _______ ____________
House 19950110 Introduced, read first time, 25 HJ
referred to Committee
House 19941214 Prefiled, referred to Committee 25 HJ
View additional legislative information at the LPITS web site.
TO AMEND SECTION 43-5-65, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CONDITIONS OF ELIGIBILITY FOR AID TO FAMILIES WITH DEPENDENT CHILDREN, SO AS TO REQUIRE AS A CONDITION OF ELIGIBILITY THAT THE RECIPIENT REPAY BENEFITS RECEIVED WHEN EIGHTEEN MONTHS HAVE ELAPSED SINCE THE LAST BENEFIT PAID AND THE RECIPIENT HAS AN INCOME OF AT LEAST ONE HUNDRED TWENTY-FIVE PERCENT OF THE FEDERAL POVERTY LEVEL UNLESS A TEMPORARY WAIVER IS GRANTED AND TO PROVIDE CIRCUMSTANCES UNDER WHICH A WAIVER MAY BE GRANTED.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 43-5-65(a) of the 1976 Code is amended by adding at the end:
"(3) agree to repay the State the aid to families with dependent children that the recipient receives with repayment to begin after eighteen months have elapsed since the last benefit is paid. At the time the last benefit is paid to a recipient, the department shall provide the recipient with the total amount of benefits paid, a repayment amount and schedule based on the family size and on income at one hundred and twenty-five percent of the federal poverty level, the date on which payments are to begin, which will be eighteen months from the last payment made, when payments will be completed, and circumstances warranting and procedures for requesting a temporary waiver. The recipient shall begin making these payments eighteen months after the last benefit payment is made to the recipient, unless the recipient requests a temporary waiver which must be granted if the recipient's income is not at least one hundred twenty-five percent of the federal poverty level or if there are extenuating circumstances such that repayment under the terms provided would place an undue hardship on the former recipient. If a temporary waiver is required, instead of granting waiver, the department may modify the amount or terms of payment. If a temporary waiver is granted the department shall review the matter in three months and every three months thereafter so long as the waiver is in effect and. By accepting aid to families with dependent children a recipient is considered to have agreed to repay the State pursuant to the provisions of this item and regulations promulgated under this item for the benefits the recipients receive. The department may employ those legal means necessary to ensure the collection of the payments owed under this item. The department may promulgate regulations necessary to carry out this item."
SECTION 2. The payments the State Department of Social Services receives pursuant to Section 43-5-65(a)(3) of the 1976 Code, as added by Section 1 of this act, must be remitted to the general fund of the State and must be dedicated to providing early intervention services for children and their families who are at risk for being recipients of aid to families with dependent children.
SECTION 3. The amendments to Section 43-5-65(a) of the 1976 Code, as contained in Section 1 of this act, apply to recipients who apply or reapply or who are reinstated for aid to families with dependent children on or after this act's effective date and apply only to benefits paid on or after this act's effective date.
SECTION 4. This act takes effect upon approval by the Governor.