reglab/housing_qa huggingface dataset:
SC Code § 43-5-130 (2021)
2021 South Carolina Code of Laws|Title 43 - Social Services|Chapter 5 - Public Aid, Assistance And Relief Generally|Section 43-5-130. . Consideration of income of relative.

 (a) The department shall, in determining need, take into consideration any income or resources of any relative claiming aid to families with dependent children, whose needs the department determines would be considered in determining the need of a child or relative claiming such aid, as well as any expense reasonably attributed to the earning of any such income.  (b) Income, as used in subsection (a), includes any benefit in cash which is in fact currently available to the individual or is received by him as a result of current or past labor or service, or business activities.  (c) To be considered in determining eligibility for, and amount of grant, income must, in fact, be currently available to the applicant or recipient. However, the applicant or recipient shall, as a necessary condition of determining eligibility:  (1) provide all information necessary to income determination;  (2) take all actions necessary to obtain unconditionally available income. Income shall be considered unconditionally available if the applicant or recipient has only to claim or accept such income, including any type of governmental benefits, social insurance, and private pension or benefits plan.  (d) The department shall require evidence which establishes the gross and net amount of income received and the time and frequency of receipt. Documents and records in the possession of the applicant or recipient together with a written statement made under penalty of perjury that such information is correct and complete to the best of the applicant or recipient's knowledge or belief constitute adequate sources of evidence in absence of conflicts. Such documents or records shall be returned promptly to the applicant or recipient after necessary copies have been made and placed in the case records.  HISTORY: 1978 Act No. 549; 1979 Act No. 76 Sections 8, 9; 1997 Act No. 133, Section 7, eff June 11, 1997.
SC Code § 43-5-140 (2021)
2021 South Carolina Code of Laws|Title 43 - Social Services|Chapter 5 - Public Aid, Assistance And Relief Generally|Section 43-5-140. . Annual notification of eligibility and reporting requirements; duty to report; failure to report; change in eligibility.

 (a) It shall be the duty of the department to ensure that every applicant for or recipient of aid to families with dependent children be informed not less frequently than annually as to the provisions of eligibility and his responsibility for reporting all facts material to a correct determination of eligibility and amount of grant. After such information has been provided, the department shall require the recipient and caseworker to execute a formal acknowledgment, on a form prescribed for such purpose, describing what steps were taken to explain the eligibility and reporting requirements to the recipient and that such explanation was understood by the recipient.  (b) Each applicant for or recipient or payee of such aid to families with dependent children shall be responsible to report accurately and completely those facts required of him, pursuant to the explanation provided by the department.  (c) The failure of an applicant or recipient to report facts which may affect eligibility and grant determination within ten days of the date upon which the applicant or recipient became aware of such facts shall constitute a wilful withholding of such information and permit the department to recover any overpayment occasioned or caused by the wilful withholding. Such facts may include, but are not limited to, composition of household, address or any other factor which may affect eligibility, or failure or refusal to obtain unconditionally available income. If appropriate, recoupment proceedings may be initiated.  (d) When the department receives information that would result in a change in grant amount or eligibility, the department shall take action to adjust the grant or redetermine eligibility, consistent with notice requirements, within ten days of receipt of such information.  HISTORY: 1978 Act No. 549; 1979 Act No. 76 Sections 10, 11; 1997 Act No. 133, Section 7, eff June 11, 1997.
SC Code § 43-5-145 (2021)
2021 South Carolina Code of Laws|Title 43 - Social Services|Chapter 5 - Public Aid, Assistance And Relief Generally|Section 43-5-145. . Investigation of application.

 Investigation of each application shall be made by the county departments as provided in Chapters 1, 3, 5, 7, 9, 19, and 23 or as required by the state department.  HISTORY: 1976 Code Section 43-5-20; 1962 Code Section 71-52; 1952 Code Section 71-52; 1942 Code Section 4996-15; 1937 (40) 496; 1978 Act No. 549; 1997 Act No. 133, Section 7, eff June 11, 1997.
SC Code § 43-5-148 (2021)
2021 South Carolina Code of Laws|Title 43 - Social Services|Chapter 5 - Public Aid, Assistance And Relief Generally|Section 43-5-148. . Date on which assistance shall begin.

 Family Independence benefits shall begin on the date of application if the benefit group met all the eligibility conditions on that date. Payments for partial months must be prorated by the ratio of the days in the month to the date of application.  HISTORY: 1978 Act No. 549; 1986 Act No. 323, Section 4, eff February 20, 1986; 1997 Act No. 133, Section 7, eff June 11, 1997.
SC Code § 43-5-150 (2021)
2021 South Carolina Code of Laws|Title 43 - Social Services|Chapter 5 - Public Aid, Assistance And Relief Generally|Section 43-5-150. . Appeal to State department; proceedings; further appeals.

 In the event an application is denied or the amount or terms of a grant or of any withdrawal or modification thereof be deemed inadequate or unjust by the applicant or recipient, the applicant or recipient or anyone acting in his behalf may demand a review of his case before the department by filing his written request for such review with the county department not more than sixty days after notice of its action shall have been received. The county department shall, within ten days, certify its records and data on the case and such additional information as it deems relevant to the department. The department shall promptly grant to the applicant or recipient an opportunity for a fair hearing upon the questions raised by the applicant or recipient. At this hearing any party in interest may appear and present any relevant facts. The department shall produce such further evidence as it may deem necessary and shall certify its findings and decision on the case back to the county department concerned. Appeals from the decision of the department may be made to an administrative hearing examiner pursuant to the Administrative Procedures Act.  HISTORY: 1976 Code Section 43-5-40; 1962 Code Section 71-54; 1952 Code Section 71-54; 1942 Code Section 4996-17; 1937 (40) 496; 1978 Act No. 549; 1993 Act No. 181, Section 1010, eff July 1, 1993; 1997 Act No. 133, Section 7, eff June 11, 1997.
SC Code § 43-5-155 (2021)
2021 South Carolina Code of Laws|Title 43 - Social Services|Chapter 5 - Public Aid, Assistance And Relief Generally|Section 43-5-155. . Appeal if application not acted upon within specified time.

 If an application is not acted upon by the county department within the time limitations specified in Section 43-5-148 the applicant may appeal to the state department in the manner and form prescribed in Section 43-5-150.  HISTORY: 1976 Code Section 43-5-50; 1962 Code Section 71-55; 1952 Code Section 71-55; 1942 Code Section 4996-18; 1937 (40) 496; 1978 Act No. 549; 1997 Act No. 133, Section 7, eff June 11, 1997.
SC Code § 43-5-160 (2021)
2021 South Carolina Code of Laws|Title 43 - Social Services|Chapter 5 - Public Aid, Assistance And Relief Generally|Section 43-5-160. . Review by state department on own motion or request of applicant.

 The state department may also, upon its own motion or at the request of the applicant, review any decision of a county department and may consider any application upon which a decision has not been made by the county department within a reasonable time.  HISTORY: 1976 Code Section 43-5-60; 1962 Code Section 71-56; 1952 Code Section 71-56; 1942 Code Section 4996-18; 1937 (40) 496; 1978 Act No. 549; 1997 Act No. 133, Section 7, eff June 11, 1997.
SC Code § 43-5-165 (2021)
2021 South Carolina Code of Laws|Title 43 - Social Services|Chapter 5 - Public Aid, Assistance And Relief Generally|Section 43-5-165. . Investigation, hearing, and decision by state department.

 Upon any appeal under Section 43-5-150 or any review under Section 43-5-160, the state department may make such additional investigation as it may deem necessary and shall make such decision as to the granting of assistance and the amount of assistance to be granted the applicant as in its opinion is justified and in conformity with the provisions of Chapters 1, 3, 5, 7, 9, 19, and 23. As to any action taken by the state department under this section, the state department shall grant the applicant or recipient an opportunity for a fair hearing as provided under Section 43-5-150.  HISTORY: 1976 Code Section 43-5-70; 1962 Code Section 71-57; 1952 Code Section 71-57; 1942 Code Section 4996-18; 1937 (40) 496; 1978 Act No. 549; 1997 Act No. 133, Section 7, eff June 11, 1997.
SC Code § 43-5-170 (2021)
2021 South Carolina Code of Laws|Title 43 - Social Services|Chapter 5 - Public Aid, Assistance And Relief Generally|Section 43-5-170. . Subpoenas, oaths and examinations of witnesses.

 The department may issue subpoenas for witnesses and compel their attendance and the production of papers and writings and the director and employees designated by him may administer oaths and examine witnesses under oath.  HISTORY: 1976 Code Section 43-5-80; 1962 Code Section 71-58; 1952 Code Section 71-58; 1942 Code Section 4996-17; 1937 (40) 496; 1978 Act No. 549; 1993 Act No. 181, Section 1011, eff July 1, 1993; 1997 Act No. 133, Section 7, eff June 11, 1997.
SC Code § 43-5-175 (2021)
2021 South Carolina Code of Laws|Title 43 - Social Services|Chapter 5 - Public Aid, Assistance And Relief Generally|Section 43-5-175. . Effect of state department's decision on county department.

 All decisions of the state department shall be binding upon the county department involved and shall be complied with by such county department.  HISTORY: 1976 Code Section 43-5-90; 1962 Code Section 71-59; 1952 Code Section 71-59; 1942 Code Section 4996-18; 1937 (40) 496; 1978 Act No. 549; 1997 Act No. 133, Section 7, eff June 11, 1997.
SC Code § 43-5-180 (2021)
2021 South Carolina Code of Laws|Title 43 - Social Services|Chapter 5 - Public Aid, Assistance And Relief Generally|Section 43-5-180. . Charges and fees for representing applicants or recipients of assistance.

 No person shall make any charge or receive any fee for representing the applicant or recipient of assistance in connection with the granting of any assistance provided for in Chapters 1, 3, 5, 7, 9, 19, and 23, except as to criminal proceedings and except upon appeal to the department, and then only in a reasonable amount and subject to the regulations of the department.  HISTORY: 1976 Code Section 43-5-110; 1962 Code Section 71-61; 1952 Code Section 71-61; 1942 Code Section 4996-27; 1937 (40) 496; 1978 Act No. 549; 1997 Act No. 133, Section 7, eff June 11, 1997.
SC Code § 43-5-185 (2021)
2021 South Carolina Code of Laws|Title 43 - Social Services|Chapter 5 - Public Aid, Assistance And Relief Generally|Section 43-5-185. . Public officers prohibited from attempting to influence decisions regarding applications for assistance; penalty.

 Any public officer not charged with the administration of Chapters 1, 3, 5, 7, 9, 19, and 23 who attempts to influence a decision of the county department or state department respecting the application of any person for assistance or respecting the assistance to be paid or being paid shall be guilty of a misdemeanor and, upon conviction, shall be punished by a fine not exceeding five hundred dollars or imprisonment not exceeding six months, or both, in the discretion of the court. The giving of information within the personal knowledge of such officer, in writing, shall not constitute an offense under this section.  HISTORY: 1976 Code Section 43-5-120; 1962 Code Section 71-62; 1952 Code Section 71-62; 1942 Code Section 4996-27; 1937 (40) 496; 1978 Act No. 549; 1997 Act No. 133, Section 7, eff June 11, 1997.
SC Code § 43-5-190 (2021)
2021 South Carolina Code of Laws|Title 43 - Social Services|Chapter 5 - Public Aid, Assistance And Relief Generally|Section 43-5-190. . Payments to be exempt from taxes, levy or other process; payments to be inalienable and unassignable; bankruptcy.

 All amounts paid or payable as assistance shall be exempt from any tax levied by the State or any subdivision thereof, shall be exempt from levy and sale, attachment or any other process whatsoever, and shall be inalienable and unassignable in advance in any form and, in case of bankruptcy, shall not pass to the trustee or other person acting on behalf of the creditors of the recipient of assistance.  HISTORY: 1976 Code Section 45-5-130; 1962 Code Section 71-63; 1952 Code Section 71-63; 1942 Code Section 4996-20; 1937 (40) 496; 1978 Act No. 549; 1997 Act No. 133, Section 7, eff June 11, 1997.
SC Code § 43-5-200 (2021)
2021 South Carolina Code of Laws|Title 43 - Social Services|Chapter 5 - Public Aid, Assistance And Relief Generally|Section 43-5-200. . Endorsement when recipient dies after issuance of check.

 When a recipient dies after issuance but before delivery or negotiation of his assistance check for the month in which his death occurs, endorsement of such check without recourse by the county director of social services to the "spouse or nearest living relative" of the recipient shall be sufficient authority to the drawee bank to pay such check.  HISTORY: 1976 Code Section 43-5-150; 1962 Code Section 71-65; 1952 Code Section 71-65; 1947 (45) 489; 1972 (57) 2382; 1978 Act No. 549; 1997 Act No. 133, Section 7, eff June 11, 1997.
SC Code § 43-5-222 (2021)
2021 South Carolina Code of Laws|Title 43 - Social Services|Chapter 5 - Public Aid, Assistance And Relief Generally|Section 43-5-222. . Portion of child support payments to be paid to welfare recipients; department to be reimbursed.

 From the amounts collected by the South Carolina State Department of Social Services for children and the parents of such children who are currently recipients of Aid to Families with Dependent Children (AFDC), pursuant to Section 43-5-220 of the 1976 Code, the department may distribute these amounts as follows:  (1) of amounts collected which represent monthly monetary support obligations, the first seventy-five dollars of the monthly payment must be paid to the AFDC family and thereafter must be increased up to the amount of the monthly support obligation;  (2) if the amount collected is in excess of the amounts required to be distributed under item (1), the excess must be retained by the department as reimbursement for AFDC payments made to the family for which the State has not been reimbursed. Of the amount retained by the department, the department shall determine the federal government's share so that the department may reimburse the federal government, if required, to the extent of its participation in the financing of the AFDC payment.  (3) if the amount collected is in excess of the amounts required to be distributed under (1) and (2) the family must be paid the excess.  (4) payments made to the family in item (1) may not be used in determining the amount paid, if any, in AFDC or other welfare benefits.  HISTORY: 1997 Act No. 133, Section 7, eff June 11, 1997.  Editor's Note  Former Section 43-5-222, repealed by 1997 Act No. 71, Section 46, eff June 10, 1997, was entitled: Portion of child support payments to be paid to welfare recipients; department to be reimbursed, and was derived from 1995 Act No. 102, Part V, Section 8.
SC Code § 43-5-225 (2021)
2021 South Carolina Code of Laws|Title 43 - Social Services|Chapter 5 - Public Aid, Assistance And Relief Generally|Section 43-5-225. . Central registry of records; assistance of other agencies; availability of records.

 (a) A central registry of records shall be maintained in the department showing as far as it is known with respect to any parent who has deserted or abandoned any child receiving aid to families with dependent children:  (1) the full and true name of such parent together with any known aliases;  (2) date and place of birth;  (3) physical description;  (4) social security number;  (5) occupation and any special skills he may have;  (6) military status and Veterans Administration or military service serial number;  (7) last known address and the date thereof;  (8) number of the driver's license;  (9) any further information that may be of assistance in locating the person.  (b) To effectuate the purposes of this section, the department shall request from all departments, commissions, boards or other agencies of the State or any of its political subdivisions such assistance and data as will enable the department and other public agencies to carry out their duties to locate deserting parents and to enforce their liability for the support of their children. The department shall utilize the "Parent Locator Service" pursuant to establishment in the Department of Health, Education and Welfare by filing in accordance with Section 453(b) of the Social Security Act.  (c) Any records established pursuant to the provisions of this Section shall be available only to public welfare offices, county attorneys, circuit solicitors, probation departments, the Attorney General, central registries in other states and courts having jurisdiction in support or abandonment proceedings or action and only for the purposes for which the records have been established.  HISTORY: 1978 Act No. 549; 1997 Act No. 133, Section 7, eff June 11, 1997.
SC Code § 43-5-230 (2021)
2021 South Carolina Code of Laws|Title 43 - Social Services|Chapter 5 - Public Aid, Assistance And Relief Generally|Section 43-5-230. . Public Welfare Cooperative Support Program Fund.

 There is hereby created in the office of the State Treasurer a revolving fund to be designated as the Public Welfare Cooperative Support Program Fund which shall be used by the department in carrying out such purposes as it deems necessary. All monies in the funds are hereby appropriated to the department for such purposes and shall be paid without further appropriation under requisition or voucher drawn on the State Treasurer in the usual manner.  HISTORY: 1978 Act No. 549; 1997 Act No. 133, Section 7, eff June 11, 1997.
SC Code § 43-5-235 (2021)
2021 South Carolina Code of Laws|Title 43 - Social Services|Chapter 5 - Public Aid, Assistance And Relief Generally|Section 43-5-235. . Reimbursement of local entities for costs of child support collection and paternity determination program.

 To the extent permitted by federal law, the department may enter into annual agreements with county governments, clerks of court, sheriffs, and other law enforcement entities having jurisdiction in that county to reimburse and to pay federal financial participation and incentives pursuant to the terms of the agreement to the appropriate contracting entity for a portion of the cost of developing and implementing a child support collection and paternity determination program for:  (1) securing support for persons receiving state public assistance and reimbursement of medical assistance from the legally responsible spouse or parent of assistance recipients;  (2) establishing paternity of children born out of wedlock who are receiving aid to families with dependent children and to secure support for them;  (3) all children who have sought assistance in securing support whether or not they are eligible for aid to families with dependent children and regardless of the economic circumstances. To the extent permitted by federal law, a fiscal incentive and federal financial participation must be paid to the department and provided to the entity providing the service for the collection and enforcement of child support obligations. These monies must be paid to the appropriate county treasurer or county finance office on a monthly basis and deposited into a separate account for the entity providing the service for the exclusive use by this entity for all activities related to the establishment, collection, and enforcement of child support obligations for the fiscal year in which the payments are earned and may be drawn on and used only by the entity providing the service for which the account was established. Monies paid to the contracting entity pursuant to this section may not be used to replace operating funds of the budget of the entity providing the service. Funds in the special account not encumbered for child support activities revert to the general fund of the county at the end of the fiscal year in which they were earned. Each local entity shall enter into a support enforcement agreement with the department as a condition of receiving the fiscal incentive and federal financial participation. To the extent that fiscal incentives are paid to the department and are not owed under the agreement to the contracting entity, these fiscal incentives must be reinvested in the department's Child Support Enforcement Program to increase collections of support at the state and county levels in a manner consistent with the federal laws and regulations governing incentive payments.  HISTORY: 1978 Act No. 549; 1988 Act No. 657, eff June 7, 1988; 1990 Act No. 478, Section 1, eff May 14, 1990; 1991 Act No. 124, Section 1, eff May 31, 1991; 1994 Act No. 497, Part II, Section 27B, eff July 1, 1994; 1997 Act No. 133, Section 7, eff June 11, 1997.
SC Code § 43-5-240 (2021)
2021 South Carolina Code of Laws|Title 43 - Social Services|Chapter 5 - Public Aid, Assistance And Relief Generally|Section 43-5-240. . Execution of cooperative support program agreement.

 Any county desiring to obtain the benefits of appropriations from the Public Welfare Support Reimbursement Fund shall secure the formal joinder of the circuit solicitor and of the court having jurisdiction of support cases in that county in a joint plan and a cooperative support program agreement with the department and the execution of a cooperative support program agreement with the department. The execution of such agreement is hereby authorized.  HISTORY: 1978 Act No. 549; 1997 Act No. 133, Section 7, eff June 11, 1997.
SC Code § 43-5-245 (2021)
2021 South Carolina Code of Laws|Title 43 - Social Services|Chapter 5 - Public Aid, Assistance And Relief Generally|Section 43-5-245. . Time and forms for submission of plans for operating program; execution of contract upon approval.

 (a) The department shall prescribe the time at and the form on which the counties and judicial districts shall submit to the department annual plans for the total staff and equipment needs and annual estimates of the expenditures of the county for the staffing and operations of the child support program for the coming agreement year.  (b) Upon approval of an annual plan and the estimated expenditures for an improved program, the department shall enter into a contract pursuant to Section 43-5-235.  HISTORY: 1978 Act No. 549; 1997 Act No. 133, Section 7, eff June 11, 1997.