H 4126 General Bill, By H.G. Hutson, Allison, Bailey, H. Brown, Cato, 
C.D. Chamblee, R.C. Fulmer, Harrell, M.F. Jaskwhich, M.H. Kinon, 
C.V. Marchbanks, Richardson, Robinson, Simrill, R. Smith, C.H. Stone, 
P.H. Thomas, Trotter, Vaughn, D.C. Waldrop, Wilder, J.B. Wilder, Wilkins, 
Witherspoon, S.S. Wofford and Young-Brickell
 A Bill 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.

   04/15/93  House  Introduced and read first time HJ-4
   04/15/93  House  Referred to Committee on Medical, Military,
                     Public and Municipal Affairs HJ-5

A BILL

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 an 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; instead of granting a temporary 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; 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."

SECTION 2. The payments the State Department of Social Services receives pursuant to Section 43-5-65(a) must be remitted to the General Fund of the State but 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), 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.