Section 28-7A-1 – No entitlement to assistance.
28-7A-1. No entitlement to assistance. The implementation of assistance under this chapter does not establish a personal or family entitlement to assistance. Source: SL 1997, ch 166, §1.
Section 28-7A-10 – Adoption of standards for participation in work activities and assistance programs–Training and education.
28-7A-10. Adoption of standards for participation in work activities and assistance programs–Training and education. The department may adopt by rules promulgated pursuant to chapter 1-26 reasonable standards for the participation of eligible recipients in work activities and programs of assistance calculated to foster parental responsibility, employment, or family independence. To the extent possible in a […]
Section 28-7A-11 – Denial, reduction, or termination of assistance for refusal to participate–Investigation of compliance.
28-7A-11. Denial, reduction, or termination of assistance for refusal to participate–Investigation of compliance. The department may deny, reduce, or terminate assistance to an applicant or recipient who voluntarily refuses to participate in an assessment, work activity, or assistance program for such period as may be reasonably necessary to deter program waste or abuse. The department […]
Section 28-7A-12 – Feasible and reasonable assistance programs authorized.
28-7A-12. Feasible and reasonable assistance programs authorized. The department may implement such programs of assistance as may be feasible and reasonably calculated to fulfill the purposes of this chapter. This chapter does not require the department to provide assistance in the absence of legislative appropriation therefor. Source: SL 1997, ch 166, §13.
Section 28-7A-13 – Employment as work activity.
28-7A-13. Employment as work activity. An adult in a family receiving assistance under this chapter may fill a vacant employment position in order to engage in a work activity except no such adult may be employed or assigned if any other individual is on layoff from the same or any substantially equivalent job or if […]
Section 28-7A-14 – Reconsideration of assistance.
28-7A-14. Reconsideration of assistance. The department may reconsider assistance as frequently as may be required. The department may deny, reduce, suspend, or terminate assistance as the circumstances may indicate upon such reconsideration. Source: SL 1997, ch 166, §15.
Section 28-7A-15 – Appeal by aggrieved applicant or recipient.
28-7A-15. Appeal by aggrieved applicant or recipient. An applicant or recipient whose application is denied or not acted upon or who is aggrieved by any action affecting receipt, suspension, reduction, or termination of assistance may appeal the action or inaction as provided in chapter 1-26. Source: SL 1997, ch 166, §16.
Section 28-7A-16 – Denial, reduction, or termination of assistance to deter fraud and program abuse.
28-7A-16. Denial, reduction, or termination of assistance to deter fraud and program abuse. No applicant or recipient of assistance under this chapter may: (1)Intentionally make or cause to be made any false statement or misrepresentation in any application, report, or other communication with the department; or (2)Having knowledge of any event or circumstance affecting the […]
Section 28-7A-17 – Adoption of policies to recover overpayment of assistance.
28-7A-17. Adoption of policies to recover overpayment of assistance. The department may adopt, pursuant to chapter 1-26, necessary and reasonable policies and procedures to recover or recoup any overpayment of assistance that resulted from fraud or misrepresentation, erroneous determination of eligibility or amount of assistance, or otherwise. Source: SL 1997, ch 166, §18.
Section 28-7A-18 – Assistance not transferable–Assistance not subject to legal process–Exception.
28-7A-18. Assistance not transferable–Assistance not subject to legal process–Exception. Assistance granted under this chapter is not transferable or assignable at law or in equity. No money paid or assistance granted under this chapter is subject to execution, levy, attachment, garnishment, or other legal process, except as may be expressly authorized by law for purposes of […]
Section 28-7A-19 – Effect of amending or repealing acts.
28-7A-19. Effect of amending or repealing acts. Assistance implemented under this chapter is subject to the provisions of any amending or repealing act that may hereafter be enacted. No applicant or recipient of assistance under this chapter has any claim for compensation or otherwise by reason of the effect of any such amending or repealing […]
Section 28-7A-2 – Definition of terms.
28-7A-2. Definition of terms. Terms used in this chapter mean: (1)”Assistance,” includes money, services, goods, or other types of temporary assistance made with respect to any child or with respect to the parents of any child for whom federal funds are available to the state under this chapter; (2)”Department,” the Department of Social Services; (3)”Title […]
Section 28-7A-20 – Department to implement combination work and education activity–Time limitation–Goal.
28-7A-20. Department to implement combination work and education activity–Time limitation–Goal. The Department of Social Services shall implement a combination work and education activity for recipients of the temporary assistance for needy families program who qualify under the provisions of §§28-7A-20 to 28-7A-24, inclusive. This combination work and education activity is limited to twenty-four months and […]
Section 28-7A-21 – Combination work and education activity–Criteria for education component.
28-7A-21. Combination work and education activity–Criteria for education component. The education component of the combination work and education activity must meet the following criteria: (1)Must be an undergraduate postsecondary educational program at an institution accredited by the North Central Association of Colleges and Secondary Schools; (2)Must result in a marketable skill directly related to employment; […]
Section 28-7A-22 – Eligibility for work and education activity.
28-7A-22. Eligibility for work and education activity. The recipient of the temporary assistance for needy families program must meet the following criteria to be approved for the work and education activity under the provisions of §§28-7A-20 to 28-7A-24, inclusive: (1)Must be enrolled in a postsecondary education program for a minimum of twelve credit hours. Credit […]
Section 28-7A-23 – Department may limit number of participants in work and education activity.
28-7A-23. Department may limit number of participants in work and education activity. The Department of Social Services may limit the number of participants in the work and education activity to meet the requirements under the state’s temporary assistance for needy families program. Source: SL 2000, ch 133, §4.
Section 28-7A-24 – Promulgation of rules.
28-7A-24. Promulgation of rules. The department may promulgate rules pursuant to chapter 1-26 for the administration of §§28-7A-20 to 28-7A-24, inclusive. Rules may include the following: (1)Employability assessment, work activities, and supportive services; (2)Conditions of continued eligibility, eligibility time limits, eligibility recertification periods, and exemptions; (3)Program participation requirements, criteria for disqualification, and good cause exemptions; […]
Section 28-7A-3 – Promulgation of rules.
28-7A-3. Promulgation of rules. The department may promulgate rules, in accordance with chapter 1-26, regarding: (1)Assistance eligibility qualifications except as otherwise provided in §28-7A-4.1, application procedure, and assistance level; (2)Employability assessment, work activities, and supportive services; (3)Conditions of continued eligibility, eligibility time limits, eligibility recertification periods, and exemptions; (4)Program participation requirements, criteria for disqualification, and […]
Section 28-7A-4 – Determining eligibility requirements.
28-7A-4. Determining eligibility requirements. Eligibility criteria and assistance level for temporary assistance for needy families shall be determined by the department with due regard to the necessary expenditures of families in this state. Source: SL 1997, ch 166, §5.
Section 28-7A-4.1 – Exemption–Controlled substance felony–Denial of benefits—Prohibition.
28-7A-4.1 . Exemption–Controlled substance felony–Denial of benefits—Prohibition. As permitted in accordance with 21 U.S.C. §862a(d)(1)(A), this state exempts itself from the application of 21 U.S.C. §862a(a)(1). The department may not deny benefits otherwise available under this chapter to an applicant solely because the applicant has been convicted, under state or federal law, of an offense […]