South Carolina General Assembly
106th Session, 1985-1986

Bill 2654


                    Current Status

Bill Number:               2654
Ratification Number:       108
Act Number:                70
Introducing Body:          House
Subject:                        Certificates of eligibility and
                           conditions of eligibility for public aid and
                           assistance
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(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

(A70, R108, H2654)

AN ACT TO AMEND SECTION 43-5-65, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CERTIFICATES OF ELIGIBILITY AND CONDITIONS OF ELIGIBILITY FOR PUBLIC AID AND ASSISTANCE, SO AS TO FURTHER PROVIDE FOR THE ASSIGNMENT TO THE DEPARTMENT OF SOCIAL SERVICES BY A RECIPIENT OF THIS AID OF CERTAIN SUPPORT OBLIGATION PAYMENTS THE RECIPIENT IS ENTITLED TO RECEIVE AND TO PROVIDE FOR THE RIGHTS OF THE DEPARTMENT IN REGARD TO THESE PAYMENTS, INCLUDING THE RIGHT OF SUBROGATION.

Be it enacted by the General Assembly of the State of South Carolina:

Assignment of rights

SECTION 1. Item (1) subsection (a) of Section 43-5-65 of the 1976 Code is amended to read:

"(1) assign to the State any rights to support from any other person the applicant may have in his own behalf or in behalf of any other family member for whom the applicant is applying for or receiving aid and which have accrued at the time the assignment is executed or which may accrue in the future; provided, that by accepting public assistance for or on behalf of a child or children, or by making application for services under Title IV-D, or through placement of a child or children in state funded foster care or under Title IV-E, except where good cause as determined by the agency exists, the recipient or applicant is considered to have made an assignment to the State Department of Social Services of any rights, title, and interest to any support obligation which is owed for the child or children or for the absent parent's spouse or former spouse who is the recipient or the applicant with whom the child is living, if and to the extent that a spousal support obligation has been established and the child support obligation is being enforced pursuant to Title IV-D of the federal Social Security Act. The assignment to the Department is considered to have been made up to the amount of public assistance money or foster care board payments paid for or on behalf of the child or children for that period of time as the public assistance monies or foster care board payments are paid. The assignment shall consist of all rights and interest in any support obligation that the recipient may be owed past, present, or future by any person up to the amount of public assistance money paid to the recipient for or on behalf of the minor child or children or a child in foster care. The Department is subrogated to the rights of the child or children or the person having custody of the child or children to collect and receive all support payments. The Department has the right to initiate any support action in its own name or in the name of the recipient to recover any payments ordered by the courts of this or any other state or to obtain a court order to initiate these payments including an action to determine the paternity of a child."

Time effective

SECTION 2. This act shall take effect upon approval by the Governor.