CHAPTER 28

FORMERLY

HOUSE BILL NO. 111

AN ACT TO AMEND CHAPTER 33, TITLE 19 OF THE DELAWARE CODE RELATING TO UNEMPLOYMENT COMPENSATION AND UNCOLLECTED OVERISSUANCE OF FOOD STAMP COUPONS.

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

Section 1. Amend §3313, Chapter 33, Title 19 of the Delaware Code by adding a new subsection "(0)" to read as follows:

"(O)(1). An individual filing a new claim for unemployment compensation shall, at the time of filing such claims, disclose whether or not he or she owes an uncollected overissuance (as defined in Section 13(c)(1) of the Food Stamp Act of 1977) of food stamp coupons. The Department shall notify the state food stamp agency enforcing such obligation of any individual who discloses that he or she owes a food stamp coupon obligation and who is determined to be eligible for unemployment compensation.

(2) The Department shall deduct and withhold from any unemployment compensation payable to an individual who owes an uncollected overissuance of food stamp coupons:

(a) The amount specified by the individual to the Department to be deducted and withheld under this paragraph, if neither subparagraphs (b) nor (c) of this paragraph is applicable;

(b) The amount (if any) determined pursuant to an agreement submitted to the Department by the state food stamp agency under Section 13(c)(3)(A) of the Food Stamp Act of 1977, unless subparagraph (c) of this paragraph is applicable; or

(c) Any amount otherwise required to be deducted and withheld from unemployment compensation pursuant to Section 13(c)(3)(B) of the Food Stamp Act of 1977.

(3) Any amount deducted and withheld under paragraph (2) of this subsection shall be paid by the Department to the appropriate state food stamp agency.

(4) Any amount deducted and withheld under paragraph (2) shall for all purposes be treated as if it were paid to the individual as unemployment compensation and paid by such individual to the state food stamp agency as repayment of the individual's uncollected overissuance of food stamp coupons.

(5) For purposes of paragraph (1) through (4) of this subsection, the term 'unemployment compensation' means any compensation payable under this Act including amounts payable by the Department pursuant to an agreement under any Federal law providing for compensation, assistance, or allowances with respect to unemployment.

(6) This subsection applies only if arrangements have been made for reimbursement by the state food stamp agency for the administrative costs incurred by the Department under this subsection which are attributable to the repayment of uncollected overissuance of food stamp coupons to the state food stamp agency.

(7) The term 'state food stamp agency' as used in these provisions means any agency described in Section 3(n)(1) of the Food Stamp Act of 1977 which administers the food stamp program established under such Act."

Approved May 14, 1997