The department shall recover overpayments as soon as possible through restitution by the individual or through recoupment by reducing the amount of the aid to families with dependent children (AFDC) grant. The reduced grant combined with other income and liquid resources may not be less than ninety percent of the need standard for the assistance unit.

1. (1) The recipient fails to report a change in the household's circumstances;
2. (2) The recipient reports a change in the household's circumstances but the change is reported incorrectly;
3. (3) The department fails to react to a reported change in circumstances; or
4. (4) There is a change in the household's circumstances after the AFDC payment is made.

An overpayment results when a recipient receives a larger AFDC allotment than the recipient is entitled to receive. For recovery purposes, overpayments may result when:

Source: SL 1975, ch 16, § 1; 1 SDR 30, effective October 13, 1974; 2 SDR 88, effective July 1, 1976; 4 SDR 10, effective August 28, 1977; 5 SDR 48, effective December 19, 1978; 5 SDR 102, effective June 6, 1979; 7 SDR 30, effective October 5, 1980; 7 SDR 66, 7 SDR 89, effective July 1, 1981; 8 SDR 95, effective February 18, 1982; 12 SDR 204, effective July 1, 1986; 15 SDR 67, effective November 6, 1988 ; 52 SDR 55, effective December 2, 2025 .

General Authority: SDCL 28- 6-1 .

Law Implemented: SDCL 28- 6-1 .

Prior versions effective: 1988-11-06.