South Carolina Code of Regulations
Chapter 114 - DEPARTMENT OF SOCIAL SERVICES
Article 10 - GENERAL PROVISIONS FOR ARTICLES 15 AND 19
Section 114-1010 - Definitions and General Requirements
Universal Citation: SC Code Regs 114-1010
Current through Register Vol. 48, No. 9, September 27, 2024
A. Definitions.
(1) Applicant--a person who has, directly, or
through his authorized representative, made application for public assistance
to the County Department of Social Services and whose application has not been
terminated or disposed of by appropriate County Department action.
(2) Authorized Representative--someone who is
acting for another individual with his knowledge and consent and who has
knowledge of the other individual's circumstances.
(3) Application--the action taken by a person
or his duly authorized representative by signing a completed application form
requesting financial or medical assistance.
(4) Effective Date of Application--the date
on which the application form is completed and signed by the applicant or his
authorized representative.
(5)
Inquiry--a request for information about eligibility requirements for public
assistance.
(6) Referral--request
for information, service, or aid in behalf of an individual by an agency,
institution, or another person.
(7)
Application Process--all activities from the time an application is accepted
until the receipt of payment or other disposition of the application.
B. General Requirements.
(1) Accrual Rights.
(a) For all assistance payments programs
except those specified below, an applicant's right to a money payment accrues
on the earlier of the following dates, provided he was alive on such date and
eligible insofar as is known:
(i) The first
day of the month in which the award is authorized by the County Department;
or
(ii) The thirtieth day from the
date on which a properly signed application form is received.
(b) For the General Disability
Assistance (GDA) and General Assistance-Ineligible Spouse (GA-IS) programs an
eligible applicant accrues the right to a money payment under the GDA and GA-IS
Programs beginning with the first day of the month of certification for
payment.
(c) For the Optional
Supplementation (OS) program, an eligible applicant accrues the right to an OS
payment beginning with the later of the following dates:
(i) The day of application if he has already
entered a residential care facility; or
(ii) The day of entry into a residential care
facility if he makes application for assistance prior to entry.
(d) A recipient's right to a money
payment accrues on the first day of each month, provided he is alive and
eligible on that day.
(e) If a
recipient receives an underpayment due to agency error a supplemental payment
may be authorized to compensate the recipient for the loss of benefits to which
he was entitled. Correction of underpayments shall be limited to the three
months prior to discovery of the underpayment. The amount of a supplemental
payment shall not be considered as income or as a resource of the recipient in
the month paid nor in the next following month. However, any amount remaining
after this time period shall be considered as a resource. Underpayments which
occur due to client error may be adjusted only through the Fair Hearings
procedure in Article 3 of these regulations.
(f) When a recipient of public assistance
dies on or after the first day of the month for which an assistance check is
issued, such check may be endorsed to the recipient's spouse or nearest
relative by the County Director.
(2) Applicants or recipients may request a
fair hearing in accordance with Article 3 of these regulations.
(3) Overpayments. An overpayment occurs when
an assistance payment is made in an amount greater than that to which the
recipient is entitled, or when an assistance payment is made to an ineligible
recipient. An overpayment may result from any one of the following
circumstances.
(a) Agency error, as defined
below:
(i) Failure of the agency to take case
action immediately when the agency had knowledge of a change in
circumstances.
(ii) Failure of the
agency to follow up on information when there is an indication in the case
record that a change in circumstances could be anticipated and it is later
found that such change took place.
(iii) Failure of the agency to make a
redetermination as scheduled.
(iv)
Failure of the agency to apply policy or procedures correctly although timely
action was taken.
(b)
Client error where the client withheld information because of misunderstanding
or incapacity of understanding agency program eligibility
requirements.
(c) It is the
responsibility of the agency to inform the applicant or recipient that he shall
furnish to the agency accurate information concerning changes in income,
resources or other circumstances which may affect his eligibility to receive
assistance within ten days after such change occurs and that the agency may
collect from him any assistance received ineligibly.
(d) The recipient of assistance carries the
responsibility for the repayment of overpayments received in the form of
financial and medical assistance during a period of ineligibility resulting
from the failure of the recipient to report changes of circumstances or from
giving incorrect information; or pending the outcome of an appeal decision in
which appeal the decision of the county department was upheld.
(e) The agency waives collection of
overpayments from a recipient when the overpayment was caused wholly or
partially by agency error.
(f) The
agency waives collection of overpayments resulting from client error, where
fraud does not exist, and the overpayment does not result in the recipient's
becoming ineligible for financial assistance.
(4) The assistance payments case record shall
consist of, but not be limited to, the following documents:
(a) The application and subsequent
redetermination forms signed by the individual as a statement of his financial
situation;
(b) The agency's
documentation of all eligibility factors;
(c) The forms authorizing or discontinuing
payment of the assistance grant or medical assistance benefits and all
subsequent status change forms; and
(d) All correspondence, including letters of
complaint and appeal requests relating to the individual's eligibility to
receive assistance.
Disclaimer: These regulations may not be the most recent version. South Carolina may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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