If an overpayment to an alien is made by the department because the sponsor withheld information concerning the sponsor's income and resources, the department must recover the overpayment according to § 67:12:06:01. The sponsor and the alien are jointly and severally liable for the repayment.

Cross-References:

Overpayment to aliens, 45 C.F.R. § 233.52.

Deeming of sponsor's income and resources to alien when sponsor is an individual -- Cooperation of sponsor is condition of eligibility, § 67:12:01:14.01.

Aliens exempt from sponsor deeming, § 67:12:01:14.02.

Source: 8 SDR 95, effective February 18, 1982 ; 52 SDR 55, effective December 2, 2025 .

General Authority: SDCL 28- 6-1 .

Law Implemented: SDCL 28- 6-1 .

Prior versions effective: 1982-02-18.