H*3778 Session 104 (1981-1982)
H*3778(Rat #0570, Act #0460 of 1982) General Bill, By P. Evatt and A. Hardy
Similar(S 925)
A Bill to amend Section 43-5-65, as amended, Code of Laws of South Carolina,
1976, relating to certificates of eligibility and conditions of eligibility
for public aid and assistance by the Department of Social Services, so as to
provide that as a condition of eligibility for receiving aid an applicant must
assign to the State certain rights to support which accrue in the future as
well as rights to support which have accrued at the time such assignment is
executed, and to amend Section 43-5-220, as amended, relating to obtaining
support payments from absent parents, so as to further provide for obtaining
such payments including deletion of the requirement that certain notices to an
absent parent be sent by registered or certified mail with return receipt
requested; and to authorize collection fees for collecting certain child or
spousal support obligations.-at
03/31/82 House Introduced and read first time HJ-1890
03/31/82 House Referred to Committee on Medical, Military,
Public and Municipal Affairs HJ-1890
05/05/82 House Committee report: Favorable with amendment
Medical, Military, Public and Municipal Affairs
HJ-2777
05/06/82 House Amended HJ-2838
05/06/82 House Read second time HJ-2839
05/07/82 House Read third time and sent to Senate HJ-2867
05/11/82 Senate Introduced, read first time, placed on calendar
without reference SJ-11
05/20/82 Senate Read second time SJ-22
05/31/82 Senate Read third time and enrolled SJ-24
06/03/82 House Ratified R 570 HJ-3950
06/10/82 Signed By Governor
06/10/82 Effective date 06/10/82
06/10/82 Act No. 460
07/02/82 Copies available
(A460, R570, H3778)
AN ACT TO AMEND SECTION 43-5-65, AS AMENDED,, CODE OF LAWS OF SOUTH CAROLINA,
1976, RELATING TO CERTIFICATES OF ELIGIBILITY AND CONDITIONS OF ELIGIBILITY FOR
PUBLIC AID AND ASSISTANCE BY THE DEPARTMENT OF SOCIAL SERVICES, SO AS TO PROVIDE
THAT AS A CONDITION OF ELIGIBILITY FOR RECEIVING AID AN APPLICANT MUST ASSIGN TO
THE STATE CERTAIN RIGHTS TO SUPPORT WHICH ACCRUE IN THE FUTURE AS WELL AS RIGHTS
TO SUPPORT WHICH HAVE ACCRUED AT THE TIME SUCH ASSIGNMENT IS EXECUTED, AND TO
AMEND SECTION 43-5-220, AS AMENDED, RELATING TO OBTAINING SUPPORT PAYMENTS FROM
ABSENT PARENTS, SO AS TO FURTHER PROVIDE FOR OBTAINING SUCH PAYMENTS INCLUDING
DELETION OF THE REQUIREMENT THAT CERTAIN NOTICES TO AN ABSENT PARENT BE SENT BY
REGISTERED OR CERTIFIED MAIL WITH RETURN RECEIPT REQUESTED; AND TO AUTHORIZE
COLLECTION FEES FOR COLLECTING CERTAIN CHILD OR SPOUSAL SUPPORT OBLIGATIONS.
Be it enacted by the General Assembly of the State of South Carolina:
Condition of eligibility
Section 1. Subsection (a) of Section 43-5-65 of the 1976 Code, which was added
by the provisions of Act 549 of 1978, is amended by inserting after
"executed" on line five of item (1) "or which may accrue in the
future". The subsection when amended shall read:
"(a) As a condition of eligibility, a needy family applying for aid to
families with dependent children shall complete a certificate of eligibility
containing a written declaration of such information as may be required to
establish eligibility and amount of aid. The certificate shall include blanks,
wherein shall be stated the names, birth dates, and Social Security numbers of
all children receiving aid, their present place of residence, the names and
Social Security numbers of the adult or emancipated minor applicant, the name and
Social Security number and present whereabouts, last known address and place of
employment of a parent who is not living in the home, any income received through
employment, from the absent parent, governmental social insurance or aid
programs, gifts, sale of real or personal property, interest, dividends, or from
any other source, and any interest in property, real or personal. The department
shall provide assistance as needed to complete the certificate and shall insure
that all applicants or recipients have or promptly apply for and obtain a Social
Security number. No assistance shall be granted to Aid to Families for Dependent
Children applicants or recipients until a valid Social Security number has been
provided to the department for each member of the family for whom aid is sought
or when numbers are not available until there is proof that application for the
Social Security number has been made. The department shall assist the applicant
or recipient in obtaining a Social Security number through procedures adopted in
cooperation with the Social Security Administration or the applicant or recipient
may apply for a Social Security number at the Social Security Administration
office. For purposes of Aid to Families for Dependent Children Foster Care, the
application for the Social Security number shall be made by the State or local
department. The certificate of eligibility shall also provide that, as a
condition of eligibility for aid, each applicant or recipient shall:
(1) assign to the State any rights to support from any other person such
applicant may have in his own behalf or in behalf of any other family member for
whom the applicant is applying or receiving aid and which have accrued at the
time such assignment is executed or which may accrue in the future;
(2) cooperate with the State in establishing the paternity of a child born out
of wedlock with respect to whom aid is claimed and in obtaining support payments
for such applicant and for a child with respect to whom such aid is claimed, or
in obtaining any other payments or property due such applicant of such child and
that, if the relative with whom a child is living is found to be ineligible
because of failure to comply with the requirements of items (1) and (2), any aid
for which such child is eligible will be provided in the form of protective
payments. The department shall establish criteria in accordance with federal
regulations to determine whether action to establish paternity and secure support
is not in the best interest of a child."
Applicant to be referred
Section 2. Subsection (a) of Section 43-5-220 of the 1976 Code, as last amended
by Act 76 of 1979, is further amended by inserting after "Every" on
line one "approved". The subsection when amended shall read:
"(a) Every approved applicant for aid to families with dependent children
whose eligibility is based on deprivation due to absence of a parent from the
home shall at the time of approval for aid to families with dependent children
be immediately referred to the designated support official of the department. The
department shall be responsible for taking all steps necessary to identify,
locate, and obtain support payments from absent parents."
Department to notify absent parent
Section 3. Subsection (c) of Section 43-5-220 of the 1976 Code, as last amended
by Act 76 of 1979, is further amended by striking beginning on line three
"by registered or certified mail with return receipt requested". The
subsection when amended shall read:
"(c) In all cases in which the whereabouts of the absent parent is known,
the department shall, immediately upon approval of the application for
assistance, notify the absent parent of the filing of the application and of his
responsibility to complete and return a written statement of his current monthly
income, his total income over the past twelve months, a description of real and
personal property owned by him, together with an estimate of its value, the
number of dependents for whom he is providing support, the amount he is
contributing regularly toward the support of all children for whom application
for aid to families with dependent children has been made, his Social Security
number, his itemized monthly living expenses and such other information as the
department determines to be pertinent in determining his ability to support his
children.
The absent parent shall complete and return such statement to the department
within ten days after notification by the department. The department may request
the absent parent to report for a personal interview.
If the absent parent statement is not completed within ten days after
notification, the department shall cause prompt personal service to be made. If
the written statement is not completed and returned within ten days after
personal service, the department shall immediately refer the matter for
prosecution for nonsupport."
Fee
Section 4. Section 43-5-220 of the 1976 Code, as last amended by Act 76 of
1979, is further amended by adding:
"(h) In the case of an individual not otherwise eligible for collection
services, a fee shall be imposed by the department on the absent parent who owes
a child or spousal support obligation for which collection is made by the
department under this section. The fee shall be in an amount equal to the amount
permitted by federal law. No part of the amount collected shall be considered to
be a fee collected by the department except amounts which exceed the actual
amount of support owed."
Time effective
Section 5. This act shall take effect upon the approval by the Governor. |