§ 501 Legislative intent.
It is declared to be the legislative intent that the purpose of this chapter is to promote the welfare and happiness of all of the people of this State by providing public assistance to all of its eligible needy, unemployable and distressed, that assistance shall be administered promptly and humanely with due regard for the preservation of family life and without discrimination on account of race, religion or political affiliation and that assistance shall be administered in such a way and manner as to encourage self-respect, self-dependency and the desire to be a good citizen and useful to society. It is further declared to be the legislative intent that public assistance be administered, to the extent practicable, in such a way that: private sector work is more economically attractive than public assistance; public assistance recipients exercise personal responsibility in exchange for government assistance; public assistance is transitional, not a way of life, for recipients; both parents are held responsible for supporting and parenting their children; recipients are not encouraged to have additional children while receiving public assistance; and the formation and maintenance of two-parent families is encouraged and teenage pregnancy is discouraged.
§ 502 Definitions.
As used in this chapter:
(1) "Applicant" means any person or family who applies for assistance or welfare services or on whose behalf such application is made under the terms of this chapter.
(2) "Assistance" means assistance to or on behalf of eligible needy persons or eligible families to enable them to improve their standard of living, including money payments, child care, job training, education, other support services, medical or surgical care, nursing, burial, board and care in a private institution, adult foster care, rest residential facility for adults, public medical institution as a patient, or such other aid as may be deemed necessary.
(3) "Employable" refers to any person who:
a. Is between the ages of 18 and 54; and who
b. Is determined by the Department of Health and Social Services (pursuant to published regulations developed in consultation with the Department of Labor) to be physically and mentally able to work.
(4) "Medical advisory committee" means a committee appointed by the Secretary of the Department of Health and Social Services, composed of representatives from the field of medicine, osteopathy, dentistry, nursing, pharmacy, hospital services and such other fields concerned with health as the Secretary of the Department of Health and Social Services may deem appropriate, to provide to the board advice, recommendations and assistance in the formulation and administration of programs of medical and health care.
(5) "Medical assistance" means medical care furnished on behalf of recipients who are eligible for assistance in any of the categories in § 505 of this title.
(6) "Medical Care" means payment of all or part of the costs on behalf of eligible recipients; provided, that such payments are within the limitations of the funds appropriated by the General Assembly and the United States Congress for this purpose, for:
a. Inpatient hospital services;
b. Outpatient hospital services;
c. Other laboratory and X-ray services;
d. Nursing services;
e. Physician's services, whether furnished in the office, the patient's house, a hospital, a skilled nursing home or elsewhere;
f. Drugs and medicine; or
g Such other health services and supplies as specified by the Department on recommendation by the Medical Advisory Committee.
Such payments shall be made only to persons, institutions and entities which meet the standards as established by the Department of Health and Social Services and which promote safe and adequate treatment of individuals in the interest of public health and safety.
(7) "Recipient" means any person or family to whom or for whom assistance is paid under this chapter.
(8) "Standard of need" means the subsistence level for a decent standard of living established by regulations of the Department of Health and Social Services.
(9) "Unemployable" means not employable.
(10) "Underemployment" and "unemployment" means as defined pursuant to regulations of the Department of Social Services in consultation with the Department of Labor.
31 Del. C. 1953, § 502; 50 Del. Laws, c. 278, § 5; 53 Del. Laws, c. 409, § 1; 54 Del. Laws, c. 359, § 1; 55 Del. Laws, c. 367, §§ 1, 2; 56 Del. Laws, c. 332, §§ 1-4; 57 Del. Laws, c. 591, § 34; 58 Del. Laws, c. 135, § 1; 58 Del. Laws, c. 341, § 4; 58 Del. Laws, c. 511, §§ 65, 66; 70 Del. Laws, c. 65, §§ 3-10.;
§ 503 Eligibility for assistance; amount; method of payment.
(a) Anti-fraud — Assistance shall not be granted under this chapter to any person or family otherwise eligible for assistance under the categories described in § 505 of this title, having conveyed or transferred real or personal property of a value of $500 or more without fair consideration within 2 years preceding the date of application for assistance or subsequently while receiving assistance, or to any person who is an inmate of any public institution (except as a patient in a medical institution).
(b) Medicaid — Medical assistance may be granted to medically and financially eligible persons in accordance with Titles IV-A, IV-E, XVI, and XIX of the Social Security Act [42 U.S.C. §§ 601 et seq., 670 et seq., 1381 et seq., and 1396 et seq.], federally approved waivers of these sections of the act, and rules and regulations established by the Department of Health and Social Services. Eligibility for and payment of medical assistance shall be determined under policies and regulations established by the Department of Health and Social Services. Eligibility standards, recipient copay and provider reimbursement shall be set in accordance with state and federal mandates, state and federal funding levels, approved waivers and rules and regulations established by the Department. The amount of assistance in each case of medical care shall not duplicate any other coverage or payment made or available for the costs of such health services and supplies.
(c) General assistance — Eligibility for and the amount of general assistance granted to recipients shall be determined in accordance with rules and regulations made by the Department with due regard to the resources, income, necessary expenditures of the recipient, the limit of funds appropriated therefor and the legislative intent expressed in § 501 of this title.
(d) Aid to Families With Dependent Children — Eligibility for and the amount of assistance granted to families under Aid to Families with Dependent Children shall be determined in accordance with rules and regulations made by the Department with due regard to the resources, income and necessary expenditures of Delaware families the limit of funds appropriated therefor, and the legislative intent expressed in § 501 of this title.
In order to receive assistance under this subsection, the parent, guardian or persons standing in loco parentis to a dependent child must have instituted suit for nonsupport in the Family Court or must cooperate with the Department of Health and Social Services for the purpose of instituting proceedings for nonsupport in Family Court on the behalf of such parent, guardian or person standing in loco parentis.
(e) Form of payment — Such monetary assistance, as shall be granted under this chapter, shall be paid to such needy person only in the form of a check drawn upon this State, which check shall be sent to the recipient by United States first class mail or by any other method meeting the requirements of good accounting control and federal regulations and having the approval of the Secretary of Finance. However, when monetary assistance is paid personally to a recipient, the recipient must have an identification card bearing the recipient's picture. The identification card shall be provided by the State through its appropriate agency upon the request of any recipient at a cost not to exceed $2.00, except that any recipient who is 65 years of age or older, or has blindness or a disability shall not be required to pay any fee for an identification card.
During the month of January, the Department shall send a notice to recipients paid by the Department under this subsection in the form of:
(1) Any notice available from the Internal Revenue Service concerning the EIC, including but not limited to the notice of a possible federal tax refund due to the earned income credit; or
(2) A notice developed by the Department which shall include the maximum earned income credit and the maximum earnings to which such tax credit shall apply, as determined by the federal government.
37 Del. Laws, c. 85, § 7; Code 1935, § 1610; 41 Del. Laws, c. 124, § 2; 45 Del. Laws, c. 96, § 2; 46 Del. Laws, c. 79; 48 Del. Laws, c. 182, § 2; 31 Del. C. 1953, § 503; 50 Del. Laws, c. 278, § 5; 50 Del. Laws, c. 477, §§ 1, 2; 53 Del. Laws, c. 409, § 2; 53 Del. Laws, c. 431, §§ 1-4; 54 Del. Laws, c. 54; 54 Del. Laws, c. 257, §§ 1-3; 54 Del. Laws, c. 359, § 2; 55 Del. Laws, c. 312; 55 Del. Laws, c. 353; 55 Del. Laws, c. 367, §§ 3-6; 56 Del. Laws, c. 330, §§ 1, 2; 56 Del. Laws, c. 452; 57 Del. Laws, c. 72; 57 Del. Laws, c. 236; 57 Del. Laws, c. 248; 57 Del. Laws, c. 250, § 1; 57 Del. Laws, c. 251; 57 Del. Laws, c. 345; 57 Del. Laws, c. 391; 57 Del. Laws, c. 491, §§ 1, 2; 57 Del. Laws, c. 629, § 1; 58 Del. Laws, c. 122; 58 Del. Laws, c. 165; 58 Del. Laws, c. 306, § 5e; 58 Del. Laws, c. 341, § 1; 59 Del. Laws, c. 164, § 1; 59 Del. Laws, c. 394, § 1; 62 Del. Laws, c. 130; 64 Del. Laws, c. 148, § 1; 65 Del. Laws, c. 87, § 127; 65 Del. Laws, c. 107, § 1; 65 Del. Laws, c. 348, § 145; 66 Del. Laws, c. 85, § 178; 66 Del. Laws, c. 303, § 205; 67 Del. Laws, c. 47, § 158; 67 Del. Laws, c. 281, § 123; 69 Del. Laws, c. 443, § 3; 70 Del. Laws, c. 65, §§ 11-14; 78 Del. Laws, c. 179, § 325.;
§ 504 Assignment and collection of support payments; powers and duties of Family Court.
(a) Any law of the State to the contrary notwithstanding, the application and/or receipt of public assistance under § 503(d) of this title shall act as an automatic and immediate assignment of all rights of support for the applicant and/or recipient and any dependent child. Such assignment shall have the full force and effect of law to the State and shall be collectible by the Bureau of Child Support Enforcement. All money collected pursuant to such assignment shall be deposited directly to the credit of the Child Support Enforcement Account for distribution in accordance with § 457 of the Social Services Amendments of 1974 [42 U.S.C. § 657].
(b) Whenever it appears to the Family Court or the Department of Health and Social Services that a child support obligor of any dependent child or children cannot comply with a support order, the Court or the Department may act to improve the earning capacities of a child support obligor by cooperating with the appropriate state agencies to provide the necessary training, job upgrading, or both.
§ 505 Categories of assistance.
Assistance may be granted, in accordance with rules and regulations established by the Department of Health and Social Services pursuant to § 503 of this title, in the following categories:
(1) Aid to Families with Dependent Children; assistance with respect to needy families with children. Aid to families with dependent children means aid granted to a family, as that term is defined pursuant to Department of Health and Social Service Regulations, with respect to a child or children under the age of 18 who has or have been deprived of parental support or care by reason of death, continued absence from the home, physical or mental incapacity, unemployment, or underemployment.
If found feasible by and in accordance with regulations prescribed by the Department, the term Aid to Families with Dependent Children shall also include aid granted with respect to children who are removed from their home and placed in foster care as a result of a judicial determination initiated during the month in or for which such a family was receiving such aid or initiated during the month in or for which such a family would have received the aid if application for aid had been made, or if such children, who within 6 months prior to the month court proceedings were initiated, had been living with a specified relative and would have been eligible for assistance in or for such month except for failure to meet the "living with" requirements, that continuation in the parent's or relative's home would be contrary to the child's welfare.
(2) General assistance; assistance granted to eligible needy persons residing in Delaware who are unemployable.
(3) Medicaid assistance; assistance granted in the form of medical care to individuals eligible in accordance with Title IV-A, XVI, XIX of the Social Security Act [42 U.S.C. §§ 601 et seq., 1381 et seq., and 1396 et seq.], federally approved waivers, and rules and regulations established by the Department of Health and Social Services.
37 Del. Laws, c. 85, § 6; Code 1935, § 1609; 41 Del. Laws, c. 124, § 1; 31 Del. C. 1953, §§ 501, 504; 50 Del. Laws, c. 278, § 5; 52 Del. Laws, c. 259; 53 Del. Laws, c. 431, §§ 5-8; 54 Del. Laws, c. 359, § 3; 55 Del. Laws, c. 299, § 2; 55 Del. Laws, c. 367, § 7; 57 Del. Laws, c. 248; 57 Del. Laws, c. 249; 58 Del. Laws, c. 341, § 2; 59 Del. Laws, c. 228, § 1; 59 Del. Laws, c. 433, § 1; 61 Del. Laws, c. 443, § 1; 63 Del. Laws, c. 185, § 1; 66 Del. Laws, c. 85, § 181; 66 Del. Laws, c. 166, § 1; 70 Del. Laws, c. 65, §§ 16, 17.;
§ 506 Duplication of assistance.
No person shall receive assistance for the same period under more than 1 of the categories of assistance listed in paragraphs (1) through (3) of § 505 of this title, including assistance to the needy blind, if the payment of such assistance would be inconsistent with any requirement for federal aid with respect thereto as set forth in rules and regulations of the Department and the Delaware Commission for the Blind.
§ 507 Temporary assistance to nonresidents.
Any person in need of public assistance while physically present in Delaware, but who lacks residence in this State as defined in this chapter, may be granted assistance subject to the immediate initiation, pursuant to rules and regulations of the Department, of all lawful steps to determine residence elsewhere. Assistance to any such person shall be terminated when any one of the following events first occurs:
(1) Such person moves to some other jurisdiction;
(2) Such person receives public assistance of any kind from some other jurisdiction;
(3) Such person ceases to be a needy person; or
(4) Such person is found to have residence elsewhere.
37 Del. Laws, c. 85, §§ 6, 11; Code 1935, §§ 1609, 1614; 41 Del. Laws, c. 124, § 1; 45 Del. Laws, c. 96, §§ 1, 3; 46 Del. Laws, c. 314; 31 Del. C. 1953, § 506; 50 Del. Laws, c. 278, § 5; 70 Del. Laws, c. 186, § 1.;
§ 508 Application for assistance.
(a) Application for assistance shall be made to the appropriate county office of the Department. The application shall be in writing in the manner and form and giving such information as shall be required by the Department. An opportunity to file an application shall be given any person desiring to do so. The Department shall act on all applications and furnish aid to eligible persons with reasonable promptness.
(b) The information supplied by an applicant in an application for assistance shall be sworn to as being true and correct to the best of the applicant's knowledge, and any employee of the Department accepting such application is hereby given the authority to administer an oath to the applicant in the manner prescribed in Chapter 53 of Title 10, that the information given is true and correct to the best of the knowledge of the applicant.
§ 509 Continuing eligibility.
All assistance grants made under this chapter shall be reconsidered as frequently as may be required by the rules of the Department to assure continued eligibility. After such further investigation, as the Department may deem necessary, the amount and manner of giving assistance may be changed or the assistance payments shall be terminated if it is found that the recipient's circumstances have altered sufficiently to warrant such action. Assistance payments may at any time be cancelled or revoked or suspended for a temporary period pending further determination if the recipient's eligibility is not clearly established.
§ 510 Recipients to report acquisition of resources.
If at any time during the period assistance payments are being made to any person, such person becomes possessed of any property, real or personal, or of any income in excess of the amount of such property and income last declared by such person to the Department, such person shall notify the Department promptly concerning the receipt and possession of such property or income and the Department shall, in accordance with rules established by it, reconsider the eligibility of such person to receive such assistance or the amount of assistance to which entitled, according to the circumstances. Any excess paid to any person by reason of such person's failure to report as required by this section shall be recoverable in a civil action against such person or against such person's estate.
§ 511 Responsibility of relatives.
(a) Nothing contained in this chapter shall be construed to relieve any person from the liability of maintaining and supporting the person's parent or parents or child or spouse, as provided by the laws of this State. However, the provisions of § 501(a) of Title 13 shall not be considered by the Department in determining eligibility for assistance of any applicant or recipient of such assistance, but the Department shall encourage persons to seek and relatives to provide support that will eliminate or reduce the need for public assistance.
(b) Notwithstanding the provisions of this section or any other provision of law, the financial responsibility of an individual for any applicant or recipient of medical care shall be disregarded unless such applicant is such individual's spouse or child who is under the age of 18 years or who is blind or permanently and totally disabled.
§ 512 Administration.
The Department shall administer this chapter and in connection therewith shall:
(1) Establish rules and regulations to carry out the provisions of this chapter consistent with the intent as expressed in § 501 of this title, including, but not limited to, rules, regulations and standards as to eligibility for assistance, the nature, duration and extent of such assistance as well as sanctions for noncompliance with such rules, regulations and standards for eligibility for assistance;
(2) Cooperate with the federal Department of Health and Human Services or with any successor department or agency thereof, in any reasonable manner not contrary to law, as may be required to qualify for federal aid with respect to functions and programs coming within the purview of this chapter, shall make such reports to the Department of Health and Human Services in such form and containing such information as that Department may from time to time require, shall comply with such provisions as said agency may from time to time find necessary to assure the correctness and verification of such reports, and shall apply to the Department of Health and Human Services and other relevant federal departments for waivers of federal rules and regulations deemed to impede the achievement of the legislative intent expressed in § 501 of this title.
(3) Make periodic surveys of cost-of-living factors in relation to the needs of recipients of assistance and welfare services, in order that the standards for such assistance and welfare services remain reasonably sufficient and at the same time provide recipients with incentive to seek and maintain private sector work.
(4) Enter into agreements or understandings with appropriate public agencies in other states whereby any or all of the benefits of this chapter may be extended to Delaware residents living in other states or to residents of other states living in Delaware on a reciprocal basis. In this connection the Department may establish policies which waive or alter the residence requirements of § 505 of this title;
(5) Promulgate such rules and regulations as may be necessary to assure that its information concerning applicants and recipients is used or disclosed solely for purposes directly connected with the administration of assistance;
(6) Cooperate with the federal government in carrying out the purposes of any federal acts concerning public welfare and in other matters of mutual concern pertaining to public welfare, including the adoption of such methods of administration as are necessary for the efficient operation of the plan for such public assistance and welfare services; and
(7) Guarantee that assistance provided as medical care when paid to providers of such medical care shall be on a prompt basis, usually not later than 30 days from the report of services by a physician, pharmacist or other professional health care provider, or 20 days from the report of services by a hospital or skilled nursing facility; provided, however, that should financial advances from the Department of Finance be necessary to carry out this chapter, they shall be permitted upon the concurrence of the Secretary of the Department of Finance and the Secretary of the Department of Health and Social Services.
(8) Supplementary Security Income Program (Title XVI Social Security Act). —
a. The Secretary of the Department of Health and Social Services, in carrying out the purposes of this title, may enter into agreements on behalf of the State with the Secretary of Health and Human Services or with other appropriate federal officials, under the Supplementary Security Income Program established by Title XVI of the Social Security Act [42 U.S.C. § 1381 et seq.], as amended, or under any other federal welfare or public assistance programs hereafter established, which are not contrary to or in conflict with the purposes of this title.
b. Notwithstanding any other provision of law, the Secretary of the Department of Health and Social Services is empowered to transfer funds, within the limits of appropriation by the General Assembly, to the Secretary of Health and Human Services or to other appropriate federal official, pursuant to any agreement referred to in paragraph a. of this subdivision or pursuant to any other federal welfare or public assistance programs hereafter established, which are not contrary to or in conflict with the purposes of this title.
(9) The Social Services Advisory Council, which is appointed by the Governor, will review rules and regulations established by the Department to implement major changes in assistance programs.
(10) As part of welfare reform implementation, the Department will conduct an evaluation of the impact of changes with input and guidance from the Social Services Advisory Council.
§ 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% 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.
§ 514 Financial participation.
§ 515 Effect of change of laws or allowances.
Every allowance of assistance under the provisions of this part shall be deemed to have been allowed under and shall be held subject to the provisions of any amending or repealing act that may be passed, and no person receiving assistance under this part shall have any claim for compensation by reason of the allowance for assistance being affected in any way by any such amending or repealing act.
Taxes and assessments for public purposes by the State or any political subdivision thereof, whether county, hundred, city or town, shall be assessed and levied upon the property of aged persons to whom assistance has been allowed under this chapter in the same manner as such taxes and assessments are levied and assessed by law upon the properties of other owners. The time for payment of any taxes or assessments so levied and assessed shall be deferred until such time as the property of such aged person is transferred from the name of such aged person or until such aged person dies, in which event the face amount of the taxes and assessments so levied or assessed, without penalties or interest, shall be payable within 90 days from the date of such transfer or death. After the expiration of such 90-day period there shall be due, with respect to any such property, the same amount or amounts for taxes or assessments as would have been due after the expiration of 90 days from the date the taxes or assessments became due and payable had the property not been owned by an aged person, to whom assistance had been allowed under this chapter. In the event of the sale of any such property under any form of execution process (including sales in any form of insolvency proceeding), such taxes and assessments shall be due and payable as of the date of the offering of such property for sale under such execution process.
§ 516 Fraudulent acts; penalties.
§ 517 Hospital and medical treatment for recipients of aid under this chapter.
Notwithstanding any other provision of law, the Levy Court or County Council of any county shall not provide for the hospital treatment and medical care of any individual receiving assistance in any of the categories listed in paragraphs (1) through (3) of § 505 of this title or receiving assistance as aid to the blind pursuant to this title.
§ 518 Failure to comply with job placement, education, training, work eligibility, parenting or personal responsibility requirements.
The Department of Health and Social Services may issue and implement rules and regulations establishing sanctions for families receiving Aid to Families with Dependent Children who fail to comply with work, education, training, work eligibility, parenting or personal responsibility requirements established by the Department pursuant to § 512(1) of this title. Such sanctions may, among other things, reduce assistance to such a family and may include, for a family who has failed to comply with job placement, education, training or work eligibility requirements on 3 or more occasions, a permanent prohibition on further assistance under the Aid to Families with Dependent Children program. The Department shall afford recipients due process as provided under applicable rules and regulations prior to the implementation of any such sanctions."
§ 519 Payment of assistance grants by the Department of Welfare.
Notwithstanding any other provision of law, the Department of Public Welfare may make payment of assistance grants under the aid to families with dependent children program on behalf of certain eligible cases or families directly to the Employment Security Commission, Department of Labor, of this State, with the understanding that such assistance payments so made shall be used to compensate the eligible case or family for employment services rendered through placement of the employable adult or person 16 years of age or older and not in school with a public or private nonprofit agency for the purpose of performing specific duties.
The Employment Security Commission shall maintain accounting controls of such assistance payments made by the Department of Public Welfare and shall refund to the Department of Public Welfare any and all such assistance payments received which may not have been used for the intended purpose, such refunding to be effected within 90 days after such payment is issued.
31 Del. C. 1953, § 519; 57 Del. Laws, c. 252.;
§ 520 Judicial review.
Any applicant for or recipient of public assistance benefits under this chapter or Chapter 6 of this title against whom an administrative hearing decision has been decided may appeal such decision to the Superior Court if the decision would result in financial harm to the appellant. The appeal shall be filed within 30 days of the day of the final administrative decision. The appeal shall be on the record without a trial de novo. The Court shall decide all relevant questions and all other matters involved, and shall sustain any factual findings of the administrative hearing decision that are supported by substantial evidence on the record as a whole. The notice of appeal and all other matters regulating the appeal shall be in the form and according to the procedure as shall be provided by the rules of the Superior Court.
§ 521 Emergency and disaster assistance.
Funds appropriated to the Department of Health and Social Services, Division of Social Services, for "Emergency and Disaster Assistance" and used for special emergency needs of any welfare-receiving household (except those households specifically excluded by the regulations) shall not exceed a total of $1,200 for emergency shelter certified by the Department, $450 for mortgage or rent assistance, and $200 for other costs relating to self-sufficiency of the household for any 1 such household in the fiscal year ending June 30. Notwithstanding any other provision of law, the Director of the Office of Management and Budget is empowered to transfer, advance or allocate emergency funds, within the limits of the funds appropriated, to the Department of Health and Social Services for the purpose of administration of emergency assistance. Such transfer, advance or allocation shall not be apportioned by county and shall be allocated in the following manner:
(1) Twenty percent of the total emergency fund appropriation shall be allocated promptly in the first quarter of the state fiscal year;
(2) Twenty-five percent of the total emergency fund appropriation shall be allocated promptly in the second quarter of the state fiscal year;
(3) Thirty percent of the total emergency fund appropriation shall be allocated promptly in the third quarter of the state fiscal year; and
(4) Twenty-five percent of the total emergency fund appropriation shall be allocated promptly in the fourth quarter of the state fiscal year.
65 Del. Laws, c. 87, § 147; 65 Del. Laws, c. 348, § 158; 66 Del. Laws, c. 85, § 179; 69 Del. Laws, c. 57, §§ 1, 2; 70 Del. Laws, c. 65, § 21; 71 Del. Laws, c. 284, § 1; 75 Del. Laws, c. 88, § 21(14).;
§ 522 Medical care; subrogation.
(a) Subrogation is defined as the doctrine of law which enables insurers to recover payments from any third party who is responsible for an injury. In any claim for benefits by a recipient who receives medical care under this title, where the recipient has a cause of action against any other person, the Department of Health and Social Services shall be subrogated against (substituted for) the recipient to the extent of any payment made by the Department of Health and Social Services on behalf of the recipient receiving medical care, resulting from the occurrence which constituted the basis for the action against the other person.
(b) After the deduction of applicable attorney fees and litigation costs, any funds received by an individual who has received medical care under this title, the individual's attorney or the individual's guardian or personal representative, by means of judgment, award or settlement of the cause of action, shall be held for the benefit of the Department of Health and Social Services to the extent indicated in subsection (a) of this section.
(c) If, after being notified in writing of a subrogation claim and possible liability under this section, a recipient receiving medical care under this title, recipient's attorney or recipient's guardian or personal representative disposes of funds that are required to be held for the benefit of the Department under this section without the written approval of the Department, that recipient shall be liable to the Department for any amount that, as a result of the disposition of the funds, is not recoverable by the Department.
(d) The Department may compromise, settle and release a subrogated claim if the Department determines that collection would result in substantial hardship on the recipient receiving medical care or, in a wrongful death action, on the surviving dependents of the deceased.
§ 523 Education and training for recipients of aid under § 505(1) of this title.
(a) Persons who qualify for assistance under § 505(1) of this title shall be eligible to participate in secondary education, post-secondary education up to the baccalaureate level, adult basic education or vocational training as an approved work activity provided each of the following requirements are met:
(1) The person does not hold a baccalaureate degree.
(2) The secondary, postsecondary education up to the baccalaureate level or vocational education is pursued through an accredited or approved school program.
(3) The person is enrolled with enough credit hours to have full-time student status and is in good standing as it relates to attendance and achievement as defined by the program the person is attending.
(4) If the person attending school would otherwise be subject to a work requirement in order to receive assistance under § 505(1) of this title, the combination of credit hours and work hours shall equal at least 20 hours per week while the program is in session. This work requirement may be met through work-study, internships or externships, or through work as a research assistant. If possible, during scheduled breaks, the work requirement will be the same as for other program participants, with work experience related to the field of study. However, if the student is enrolled full-time for the next semester and work activity placement cannot be arranged for the duration of the break in classes, it may be excused.
(b) Loans, scholarships, grants and work-study received by the recipient to pay for tuition and materials are excluded in the determination of eligibility for assistance under § 505(1) of this title or the amount of assistance received by the recipient.
(c) The Department of Health and Social Services shall advise all persons of this section at application interviews and, at a minimum, at each recertification appointment.
(d) Persons attending education and training programs under this section shall receive support services, such as assistance with transportation and child care, while they attend the educational or vocational training program on the same basis as support services are provided other persons who are receiving assistance under § 505(1) of this title.
(e) If program completion will occur within 1 semester or quarter after the time limit expires, an extension may be granted for that semester or quarter.
(f) Persons sanctioned while attending educational or vocational programs shall be afforded the same due process as provided other persons under §§ 518 and 520 of this title.