46-213. Duty of recipient to notify department
of change in status; recovery of excess assistance paid; violation;
classification
A. If at any time while receiving assistance the recipient of such assistance
knowingly acquires any property or receives any increase in income or property, or both,
in excess of income or property declared at the time of determination or redetermination
of eligibility, or if there is any other change in circumstances affecting the
recipient's eligibility, the recipient shall within the number of days specified by rules
of the department notify the department and provide verification of the acquisition of
such property, receipt of such income or change in circumstances. Any recipient of aid
who knowingly fails to do so is guilty of a class 2 misdemeanor.
B. If a recipient is overpaid for whatever reason, the recipient is liable for the
amount of the overpayment. The department of economic security with the concurrence of
the department of law shall determine the method of securing repayment which is most
appropriate to the particular situation. If there are insufficient assets or resources
to justify collection, if the recipient has not obtained assistance or services by
intentional misrepresentation or if the overpayment was due to an error on the part of
the department of economic security, the department may waive a repayment by the
recipient. The department of economic security, with the assistance of the department of
law, may institute appropriate court proceedings to recover overpayments.
C. Each warrant issued as an assistance payment shall contain a statement on the
reverse side of the warrant relating to the recipient's eligibility. The wording of this
statement shall be determined by the department.
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