Bill 3778

                    Current Status

Bill Number:               3778
Ratification Number:       570
Act Number                 460
Introducing Body:          House
Subject:                   Relating to certificates of eligibility
                           and conditions of eligibility for public aid
                           and assistance by the Department of Social
                           Services

(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.