CHAPTER 286

FORMERLY

SENATE BILL NO. 417

AS AMENDED BY SENATE AMENDMENT NO. 1

AN ACT TO AMEND SECTION 513, TITLE 31 OF THE DELAWARE CODE RELATING TO RECOUPMENT OF ASSISTANCE PAYMENTS.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:

Section 1. Amend §513, Chapter 5, Title 31 of the Delaware Code by striking said subsection and by substituting in lieu thereof a new §513, to read as follows:

"§513. Assistance not assignable; exception.

Assistance granted under this chapter shall not be transferable or assignable, at law or in equity, and none of the money paid or payable under this chapter shall be subject to execution, levy, attachment, garnishment or other legal process or to the operation of any bankruptcy or insolvency law, with the exception that the State shall seek recoupment for overpayments. Such recoupment may not exceed an amount which will result in the assistance unit's retaining from its combined aid, income and liquid resources, less than 90'L of the amount payable under the State Plan to a family of the same composition with no other income. Recoupment must be made in accordance with applicable Federal Laws and regulations. The Department shall publish regulations establishing the recoupment rate at any time when there Is a change."

Approved June 28, 1988.