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Former Section 43-5-222, repealed by 1997 Act No. 71, Section 46, eff June 10, 1997, was entitled: Portion of child support payments to be paid to welfare recipients; department to be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.
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