reglab/statecodes huggingface dataset:
2023 South Carolina Code of Laws › Title 43 - Social Services › Chapter 5 - Public Aid, Assistance And Relief Generally › Section 43-5-125. "Living with" defined; verification of child's residence.

The term "living with" means that the caretaker relative and the child maintain a common place of residence. The requirement shall be considered met if a home and family setting is maintained or is being established and the caretaker relative exercises responsibility for the care and control of the child even though the child or caretaker is temporarily absent from time to time. A child is considered to be "living with" the caretaker relative even though he is under the jurisdiction of the court or is in the legal custody of an agency that does not have physical possession of the child.
Temporary absences by either the caretaker relative or the child from the home for purposes such as vacationing, visiting, hospitalization, convalescing, and school attendance shall not constitute a break in the "living with" requirement. The temporary absence may not exceed thirty days; however, the department may extend the absence, in extenuating circumstances, for up to an additional sixty days if it is determined that a longer absence would serve the best interests of the family.
HISTORY: 1978 Act No. 549; 1979 Act No. 76 Section 7; 1997 Act No. 133, Section 7, eff June 11, 1997.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 South Carolina Code of Laws › Title 43 - Social Services › Chapter 5 - Public Aid, Assistance And Relief Generally › Section 43-5-310. General assistance to handicapped or unfortunate persons who are unable to support themselves.

General assistance in the form of money payments shall be granted by the State Department to handicapped and unfortunate persons in need who are not eligible for other forms of assistance provided in Chapters 1, 3, 5, 7, 9, 19 and 23 and who are unable to support themselves because of physical or mental infirmity and would suffer unless so provided for. A recipient of such assistance must be unable to provide himself with the necessities of life, have insufficient means of his own for proper support and have no relative or other person able to provide and legally responsible for his maintenance or willing to provide therefor.
HISTORY: 1962 Code Section 71-131; 1952 Code Section 71-131; 1947 (45) 489.
2023 South Carolina Code of Laws › Title 43 - Social Services › Chapter 5 - Public Aid, Assistance And Relief Generally › Section 43-5-320. General assistance to certain persons who are essential to welfare of others.

General assistance in the form of money payments may be made to persons who are essential to the welfare of aged, blind, or disabled persons receiving other forms of public assistance and who are unable to support themselves and would suffer unless so provided for. A recipient of such assistance must be unable to provide himself with the necessities of life, have insufficient means of his own for proper support and have no relative or other person able to provide and who is legally responsible for his maintenance or willing to provide therefor.
HISTORY: 1962 Code Section 71-131.1; 1974 (58) 2608.
2023 South Carolina Code of Laws › Title 43 - Social Services › Chapter 5 - Public Aid, Assistance And Relief Generally › Section 43-5-330. Application for assistance.

Applications for assistance under this article shall be made to the county department of the county in which the applicant resides. The application shall be made in writing or reduced to writing in the manner and upon a form prescribed by the State Department.
HISTORY: 1962 Code Section 71-132; 1952 Code Section 71-132; 1942 Code Section 4996-54; 1937 (40) 496; 1947 (45) 489.
2023 South Carolina Code of Laws › Title 43 - Social Services › Chapter 5 - Public Aid, Assistance And Relief Generally › Section 43-5-340. Investigation of application; visit to applicant's home.

Whenever the county department receives an application for assistance under this article, an investigation and record shall promptly be made of the circumstances of the applicant in order to ascertain the facts supporting the application and in order to obtain such other information as may be required by the rules of the State Department. The investigation may include a visit to the home of the applicant if deemed necessary by the caseworker or supervisor.
HISTORY: 1962 Code Section 71-133; 1952 Code Section 71-133; 1942 Code Section 4996-54; 1937 (40) 496; 1947 (45) 489. 1982 Act No. 434.
2023 South Carolina Code of Laws › Title 43 - Social Services › Chapter 5 - Public Aid, Assistance And Relief Generally › Section 43-5-350. Grant of assistance; amount.

Upon the completion of the investigation the county department shall decide whether the applicant is eligible for assistance under the provisions of this article. The amount of assistance which any such person shall receive shall be determined by the county department with due regard to the resources and necessary expenditures and the conditions existing in each case, in accordance with the rules and regulations made by the State Department and, within available annual appropriations, shall be sufficient when added to all other income and support of the applicant to provide such person with a reasonable subsistence compatible with decency and health.
HISTORY: 1962 Code Section 71-134; 1952 Code Section 71-134; 1942 Code Section 4996-55; 1937 (40) 496; 1947 (45) 489.
2023 South Carolina Code of Laws › Title 43 - Social Services › Chapter 5 - Public Aid, Assistance And Relief Generally › Section 43-5-400. Definitions.

When used in this article and unless the specific context indicates otherwise:
(1) "Aid to dependent children or needy relative" means money payments with respect to or medical care in behalf of or any type of remedial care recognized under state law in behalf of a dependent child or dependent children, or a needy relative with whom any dependent child is living.
(2) "Dependent child" means a child under the age of eighteen years who has been deprived of parental support or care by reason of the death, continued absence from home or physical or mental incapacity of a parent and who is living with his father, mother, grandfather, grandmother, brother, sister, stepfather, stepmother, stepbrother, stepsister, uncle, aunt, first cousin, nephew or niece in a place of residence maintained by one or more of such relatives as his or their own home and who, if not granted aid, is likely to become a public charge or who would otherwise be deprived of proper support, care or training or a child under the age of twenty-one years who is attending high school or college or regularly attending a course of vocational or technical training. The term "dependent child" shall also include a child:
(a) who could meet the requirements of this section except for his removal from the home of a relative, specified in this section as a result of a judicial determination to the effect that continuation therein would be contrary to the welfare of the child;
(b) whose placement and care are the responsibility of the state agency; and
(c) who has been placed in a foster family home or child care institution as a result of such determination.
(3) The term "foster family home" or "child care institution" means a foster family home or child care institution for children which is licensed by the State.
HISTORY: 2008 Act No. 361, Section 4, eff June 16, 2008.
Editor's Note
This section was formerly Section 20-7-2440
2023 South Carolina Code of Laws › Title 43 - Social Services › Chapter 5 - Public Aid, Assistance And Relief Generally › Section 43-5-410. Cooperation with federal government; administration of funds.

The State Department may cooperate with the Federal Government in the development of plans and policies for aid to dependent children. It shall administer all funds appropriated or made available for this purpose.
HISTORY: 2008 Act No. 361, Section 4, eff June 16, 2008.
Editor's Note
This section was formerly Section 20-7-2450.
2023 South Carolina Code of Laws › Title 43 - Social Services › Chapter 5 - Public Aid, Assistance And Relief Generally › Section 43-5-420. Application for aid.

Any person having knowledge that any child is dependent and that the interest of such child or of the public requires that such child be granted aid may bring such fact to the attention of the county department in the county in which the dependent child has residence or to the State Department by making application for aid on such blanks as the State Department shall prescribe and supply, furnishing such information as is required thereon and is necessary for the proper administration of these purposes.
HISTORY: 2008 Act No. 361, Section 4, eff June 16, 2008.
Editor's Note
This section was formerly Section 20-7-2460.
2023 South Carolina Code of Laws › Title 43 - Social Services › Chapter 5 - Public Aid, Assistance And Relief Generally › Section 43-5-430. Investigation and report.

The county department shall make an investigation and examination of the circumstances of such child. Such investigation and examination shall be made in accordance with rules prescribed by the State Department. A report of such investigation and examination shall be made in writing and shall become a part of the records of the county department.
HISTORY: 2008 Act No. 361, Section 4, eff June 16, 2008.
Editor's Note
This section was formerly Section 20-7-2470.
2023 South Carolina Code of Laws › Title 43 - Social Services › Chapter 5 - Public Aid, Assistance And Relief Generally › Section 43-5-440. Grant for aid; denial of aid; appeal.

If such child is found to be in need, the county department shall grant such aid as may be necessary for the support of such child in his own home or in the home of one of his relatives as set forth in this article, in a manner compatible with decency and health. In case application for aid for a dependent child is rejected by the county department, appeal may be made to the State Department as elsewhere provided in this article.
HISTORY: 2008 Act No. 361, Section 4, eff June 16, 2008.
Editor's Note
This section was formerly Section 20-7-2480.
2023 South Carolina Code of Laws › Title 43 - Social Services › Chapter 5 - Public Aid, Assistance And Relief Generally › Section 43-5-450. Amount of grants.

In granting aid for dependent children the amount granted shall not exceed thirty dollars per month for one child in any home, nor twenty-one dollars per month for each additional child in the same home, and shall not exceed thirty dollars per month for a needy relative with whom any dependent child is living.
Provided, the state agency shall with respect to any month disregard:
(1) all of the earned income of each dependent child receiving aid to families with dependent children who is a full-time student to part-time student who is not a full-time employee attending a school, college, or university, or a course of vocational or technical training designed to fit him for gainful employment; and
(2) in the case of earned income of a dependent child not included under item (1), a relative receiving such aid, and any other individual (living in the same home as such relative and child) whose needs are taken into account in making such determination, the first thirty dollars of the total of such earned income for such month plus one third of the remainder of such income for such month. Provided, further, that the provisions of this item shall not apply to earned income derived from participation on a project maintained under the programs established by Section 432(b)(2) and (3) of the Federal Social Security Act.
Provided, further, that within the limitations of the State appropriation the maximum amount per caretaker and per child may be increased not in excess of the amount which may hereafter be matched by the Federal Government.
HISTORY: 2008 Act No. 361, Section 4, eff June 16, 2008.
Editor's Note
This section was formerly Section 20-7-2490.
2023 South Carolina Code of Laws › Title 43 - Social Services › Chapter 5 - Public Aid, Assistance And Relief Generally › Section 43-5-460. Estimate of amount needed per county.

Each county department shall prepare, as required by the State Department, an estimate of the amount needed for dependent children in its county. Such estimate shall set forth the number of children being aided, with the amounts of grants to each individual child and such information or data as is necessary for the State Department to estimate the probable increase or decrease during the next ensuing period. A copy of such estimates from the various county departments shall be furnished each member of the legislative delegation of the respective counties.
HISTORY: 2008 Act No. 361, Section 4, eff June 16, 2008.
Editor's Note
This section was formerly Section 20-7-2500.
2023 South Carolina Code of Laws › Title 43 - Social Services › Chapter 5 - Public Aid, Assistance And Relief Generally › Section 43-5-470. Federal funds for aid to dependent children.

The State Treasurer shall receive and deposit in the State Treasury any Federal funds allotted to the State under Section 403 of Title IV of the Federal Social Security Act, or otherwise, for aid to dependent children. Such sums shall be kept by the State Treasurer in a dependent children's aid account.
HISTORY: 2008 Act No. 361, Section 4, eff June 16, 2008.
Editor's Note
This section was formerly Section 20-7-2510.
2023 South Carolina Code of Laws › Title 43 - Social Services › Chapter 5 - Public Aid, Assistance And Relief Generally › Section 43-5-580. Enforcement of support obligations of absent parents.

(a) Every applicant for Family Independence benefits who has a child or children whose parent is alive but not residing in the home must be referred to the Office of Child Support Enforcement within two working days of the furnishing of aid or the determination that an individual is a recipient of Family Independence benefits. The department is responsible for taking all steps necessary to identify, locate, and obtain support payments from absent parents.
(b) The department shall promulgate regulations which establish guidelines for minimum contributions which must be applied by the courts in determining the amount that an absent parent is expected to pay toward the support of a dependent child. Copies of the guidelines must be made available to courts, district attorneys, and to the public. The guidelines formulated pursuant to this section must be applied pursuant to the provisions of Section 63-17-470.
(c) Failure of the absent parent to comply with his support obligations must be referred to the court having jurisdiction of this matter for appropriate proceedings.
HISTORY: 1986 Act No. 511, Section 1, eff July 1, 1986; 1989 Act No. 195, Section 5, eff June 19, 1989; 1997 Act No. 133, Section 8, eff June 11, 1997.
2023 South Carolina Code of Laws › Title 43 - Social Services › Chapter 5 - Public Aid, Assistance And Relief Generally › Section 43-5-600. Applicability of legal process, brought to enforce child or spousal support obligations, to payments by State.

Monies due from or payable by this State, including any agency, instrumentality, or authority of the State, and due to any individual is subject, in like manner and to the same extent as if the State were a private person, to legal process brought for the enforcement against such individual of his legal obligations to provide support for a child or spouse; provided, however, that Section 41-35-140 shall control in cases concerning the South Carolina Department of Employment and Workforce.
HISTORY: 1986 Act No. 511, Section 1, eff July 1, 1986.
2023 South Carolina Code of Laws › Title 43 - Social Services › Chapter 5 - Public Aid, Assistance And Relief Generally › Section 43-5-610. Maintenance of central registry of records; availability of records.

(A) A State Case Registry must be maintained in the department that contains records with respect to:
(1) each case in which services are being provided by the department pursuant to Title IV-D of the Social Security Act; and
(2) each support order established or modified in the State after September 30, 1998.
(B) These records shall include standardized data elements for both parents or guardian including names, social security numbers and other uniform identification numbers, dates of birth, and case identification numbers, and contain other information as state and federal regulations may require.
(C) Any records maintained pursuant to this section are available only to the Child Support Enforcement Division of the Department of Social Services, public welfare offices, central registries in other states, the Federal Parent Locator Service, offices of the clerks of court, and courts having jurisdiction in support or abandonment proceedings or actions and only for the purposes for which the records have been maintained.
(D) This section remains in effect until the federal mandate requiring a state case registry is repealed.
HISTORY: 1986 Act No. 511, Section 1, eff July 1, 1986; 1997 Act No. 71, Section 45, eff June 10, 1997.
2023 South Carolina Code of Laws › Title 43 - Social Services › Chapter 5 - Public Aid, Assistance And Relief Generally › Section 43-5-620. Establishment of uniform system of information clearance and retrieval; information to be furnished by bureaus of employment security and motor vehicles; confidential or privileged information.

(a) The director or his designees, in writing, shall have access to all records and the departments, in cooperation with all other departments of the executive branch, shall establish a single uniform system of information clearance and retrieval, wherever possible.
(b) The bureau of employment security shall provide the department with a statement of earnings clearance upon the request of the department.
(c) Upon request of the department, the Department of Motor Vehicles shall provide information as to all vehicles owned by the applicant or recipient.
(d) With the exception of the access provided by subsections (b) and (c), the provisions of subsection (a) may not be construed to give the department access to information which would otherwise be considered privileged or confidential pursuant to state or federal law.
HISTORY: 1986 Act No. 511, Section 1, eff July 1, 1986; 1993 Act No. 181, Section 1015, eff July 1, 1993; 1996 Act No. 459, Section 65, eff June 5, 1996.
2023 South Carolina Code of Laws › Title 43 - Social Services › Chapter 5 - Public Aid, Assistance And Relief Generally › Section 43-5-630. Proration of intermittent income received by applicants for assistance.

For purposes of determining eligibility for assistance, the income received by individuals employed on a contractual basis may be prorated over the period of the contract or intermittent income received quarterly, semiannually, or yearly may be prorated over the period covered by the income.
HISTORY: 1986 Act No. 511, Section 1, eff July 1, 1986.
2023 South Carolina Code of Laws › Title 43 - Social Services › Chapter 5 - Public Aid, Assistance And Relief Generally › Section 43-5-910. Short title; definitions.

This article may be cited as the "WIC Vendor Act" and unless the context otherwise requires:
(1) "Department" means the Department of Health and Environmental Control.
(2) "WIC" means the Special Supplemental Food Program for Pregnant and Breastfeeding Women, Infants, and Children.
(3) "Vendor" means any food store or pharmacy approved for participation in the WIC Program which has a valid WIC Vendor Agreement on file at the WIC Program office.
(4) "Person" means any individual, corporation, partnership, association, firm, trust, estate, or any other legal entity.
HISTORY: 1987 Act No. 11, Section 2, eff March 16, 1987.
2023 South Carolina Code of Laws › Title 43 - Social Services › Chapter 5 - Public Aid, Assistance And Relief Generally › Section 43-5-920. Administration.

The department is granted the authority and responsibility for the effective and efficient administration of the WIC Program within South Carolina, as may be delegated by the federal government pursuant to federal act and regulation.
HISTORY: 1987 Act No. 11, Section 2, eff March 16, 1987.
Editor's Note
1987 Act No. 11, Section 1, provides as follows:
"The General Assembly finds that substantial numbers of pregnant and breastfeeding women, infants, and young children (WIC) from families with inadequate income are at special risk with respect to their physical and mental health by reason of inadequate nutrition or health care, or both. It is declared to be the policy of the State to provide nutritional education and supplemental foods to eligible persons through the administration of the WIC Program. The participation by persons in this program is to be monitored to ensure that program requirements are met. It is further declared that to secure these purposes and the enforcement of the provisions of this article, the Department of Health and Environmental Control has authority to administer the WIC Program to minimize the occurrence of health problems and improve the health status of the program participants."
2023 South Carolina Code of Laws › Title 43 - Social Services › Chapter 5 - Public Aid, Assistance And Relief Generally › Section 43-5-930. Implementation and enforcement in general.

The department may promulgate and enforce regulations to govern the participation of vendors in the WIC Program including a point system to determine periods of disqualification; to impose other sanctions and civil penalties for violation of this article and regulations issued under it; and to prescribe any other policies or practice requirements to implement the purpose of this article.
HISTORY: 1987 Act No. 11, Section 2, eff March 16, 1987.
2023 South Carolina Code of Laws › Title 43 - Social Services › Chapter 5 - Public Aid, Assistance And Relief Generally › Section 43-5-940. Department's authority.

The department has the authority to:
(1) enter into agreements with vendors in order to provide supplemental foods for program participants;
(2) hold hearings, compel attendance of witnesses, and make findings and determinations;
(3) issue, revoke, and modify orders relating to the administration of the WIC Program;
(4) establish and impose disqualification periods for persons not meeting the terms of the WIC Vendor Agreement or violating regulations;
(5) establish and impose a point system to be used to determine the disqualification period;
(6) recover monies from any vendor who overcharges the department;
(7) settle or compromise any action or cause of action for the recovery of a penalty or monies under this article as it may consider advantageous to the State.
HISTORY: 1987 Act No. 11, Section 2, eff March 16, 1987.
2023 South Carolina Code of Laws › Title 43 - Social Services › Chapter 5 - Public Aid, Assistance And Relief Generally › Section 43-5-950. Criminal sanctions.

Any person who violates any of the provisions of this article, or any regulation, agreement, final determination, or order of the department is guilty of a misdemeanor and upon conviction must be punished by a fine of not less than five hundred dollars nor more than ten thousand dollars for each day's violation or be imprisoned for a period not to exceed one year, or both.
HISTORY: 1987 Act No. 11, Section 2, eff March 16, 1987.
2023 South Carolina Code of Laws › Title 43 - Social Services › Chapter 5 - Public Aid, Assistance And Relief Generally › Section 43-5-960. Civil sanctions.

Any person violating any of the provisions of this article or any regulation, agreement, final determination, or order of the department is subject to disqualification, or a civil penalty not to exceed five thousand dollars each day of the violation, or both.
HISTORY: 1987 Act No. 11, Section 2, eff March 16, 1987.
2023 South Carolina Code of Laws › Title 43 - Social Services › Chapter 5 - Public Aid, Assistance And Relief Generally › Section 43-5-970. Appeals.

A decision of the department imposing disqualification, penalties, or requiring a vendor to refund monies for overcharging may be appealed pursuant to the state Administrative Procedures Act and the department's Contested Cases Regulation.
HISTORY: 1987 Act No. 11, Section 2, eff March 16, 1987.
2023 South Carolina Code of Laws › Title 43 - Social Services › Chapter 5 - Public Aid, Assistance And Relief Generally › Section 43-5-1105. State welfare policy.

It is the policy of this State that personal responsibility and parental responsibility must be met if citizens are to attain independence. Further, it is the policy of this State that the welfare system must be based upon a reciprocal agreement between welfare recipients and taxpayers. There also must exist a common goal and vision between the parties, working together at the community level to make life better for all. It must assist families to become economically independent, provide tools to achieve and maintain self-sufficiency, and deter abuse of the system through fair and meaningful sanctions.
HISTORY: 1995 Act No. 102, Part I, Section 2, eff June 12, 1995.
Editor's Note
1995 Act No. 102, Part I, Section 1, provides that this act may be cited as the South Carolina Family Independence Act of 1995. It is codified predominantly as Title 43, Chapter 5, Article 9. For a complete list of sections affected by 1995 Act 102, consult the Statutory Tables Volume, Part II, Table B, Allocation and Disposition of Acts.