To emphasize that welfare is temporary assistance in time of trouble, the department shall apply to the federal government for a waiver authorizing assistance in the Aid to Families with Dependent Children Program (AFDC) to be limited to no more than twenty-four months out of one hundred and twenty months and no more than sixty months in a lifetime except when:
(1) the head of household is permanently and totally disabled, whether physical or mental;
(2) the head of household is providing full-time care for a disabled individual in the home;
(3) the parent of the child for whom assistance is received is a minor under the age of eighteen who has not completed high school. Assistance must be provided for a period of up to twenty-four months after the minor parent attains the age of eighteen or completes high school, whichever occurs first;
(4) the individual is involved in an approved training program which will not be completed by the twenty-fourth month. However, no extension may be granted beyond the thirtieth month except with the express permission of the county director;
(5) the adult head of household is not the parent of the child and is not included in the assistance check;
(6) the adult head of household is providing a home for and caring for a child whom the department has determined to be abandoned by his or her parents and for whom the alternative placement is foster care;
(7) child care or transportation is not reasonably available;
(8) The recipient can establish by clear and convincing evidence to the department that the recipient has fully complied with the recipient's agreement with the department including:
(a) diligently seeking all available employment and following up on all employment opportunities known to the Department of Employment and Workforce or related state agencies for which the recipient is qualified;
(b) demonstrating a willingness to relocate as provided in Part III, Section 4;
(c) cooperating fully with all state agencies in order to strive to become gainfully employed; and the department is satisfied that no available employment reasonably exists for the recipient and that there is no other means of support reasonably available to the recipient's family. Every sixty days the department shall conduct a review of the recipient's compliance with the requirements of this item. Under this review, assistance provided pursuant to this item may only be extended for up to an additional twelve months. At the end of the twelve-month extension, assistance may only be provided with the express permission of the county director who must certify that the person is engaged in education, training, or other employment-related activities.
No sooner than sixty and no later than ninety days after an AFDC recipient's benefits are terminated under the time limits for the receipt of AFDC as provided for in this section, the department shall conduct an assessment of and make recommendations, as appropriate, for the health and well-being of the children in the care and custody of the former AFDC recipient.
HISTORY: 1995 Act No. 102, Part IV, Section 1, approved June 12, 1995 and takes effect ninety days after receipt of approval of a federal waiver authorizing the department to implement these provisions or ninety days after federal law permits implementation; 1996 Act No. 452, Section 15, eff July 1, 1996.
Structure South Carolina Code of Laws
Chapter 5 - Public Aid, Assistance And Relief Generally
Section 43-5-10. Implementation and administration of public welfare program; regulations.
Section 43-5-15. Applications for assistance; manner and form.
Section 43-5-24. Provision of information regarding contraception and family planning.
Section 43-5-25. Wilful use of payment for purpose not in best interests of child; protective payee.
Section 43-5-30. Overpayments and underpayments; recoupment or correction.
Section 43-5-40. Unlawful publication or other use of records; penalty.
Section 43-5-45. Notice by department of intended action.
Section 43-5-50. One-time grant in event assistance check lost, stolen or destroyed.
Section 43-5-60. Assistance subject to future legislation; no claim against State.
Section 43-5-65. Application of eligibility.
Section 43-5-75. Information from banks concerning applicant or recipient of aid.
Section 43-5-125. "Living with" defined; verification of child's residence.
Section 43-5-130. Consideration of income of relative.
Section 43-5-145. Investigation of application.
Section 43-5-148. Date on which assistance shall begin.
Section 43-5-150. Appeal to State department; proceedings; further appeals.
Section 43-5-155. Appeal if application not acted upon within specified time.
Section 43-5-160. Review by state department on own motion or request of applicant.
Section 43-5-165. Investigation, hearing, and decision by state department.
Section 43-5-170. Subpoenas, oaths and examinations of witnesses.
Section 43-5-175. Effect of state department's decision on county department.
Section 43-5-180. Charges and fees for representing applicants or recipients of assistance.
Section 43-5-200. Endorsement when recipient dies after issuance of check.
Section 43-5-220. Obtaining support payments from absent parents; amount; proceedings.
Section 43-5-230. Public Welfare Cooperative Support Program Fund.
Section 43-5-240. Execution of cooperative support program agreement.
Section 43-5-320. General assistance to certain persons who are essential to welfare of others.
Section 43-5-330. Application for assistance.
Section 43-5-340. Investigation of application; visit to applicant's home.
Section 43-5-350. Grant of assistance; amount.
Section 43-5-400. Definitions.
Section 43-5-410. Cooperation with federal government; administration of funds.
Section 43-5-420. Application for aid.
Section 43-5-430. Investigation and report.
Section 43-5-440. Grant for aid; denial of aid; appeal.
Section 43-5-450. Amount of grants.
Section 43-5-460. Estimate of amount needed per county.
Section 43-5-470. Federal funds for aid to dependent children.
Section 43-5-580. Enforcement of support obligations of absent parents.
Section 43-5-610. Maintenance of central registry of records; availability of records.
Section 43-5-630. Proration of intermittent income received by applicants for assistance.
Section 43-5-910. Short title; definitions.
Section 43-5-920. Administration.
Section 43-5-930. Implementation and enforcement in general.
Section 43-5-940. Department's authority.
Section 43-5-950. Criminal sanctions.
Section 43-5-960. Civil sanctions.
Section 43-5-1105. State welfare policy.
Section 43-5-1110. Definitions.
Section 43-5-1115. Employment and training for those receiving assistance.
Section 43-5-1125. Sanctions for failing to comply with welfare agreement.
Section 43-5-1130. County departmental goals for hiring welfare recipients.
Section 43-5-1135. State agency goals to recruit and employ welfare recipients.
Section 43-5-1140. Labor market and occupational information to be provided to department.
Section 43-5-1145. Cash assistance payments paid as wage subsidy or tax credit.
Section 43-5-1150. Job Training and Partnership Act incentive funds.
Section 43-5-1155. Entrepreneurial development.
Section 43-5-1160. Relocation assistance.
Section 43-5-1165. Teen parent independence initiative.
Section 43-5-1170. Time limited welfare and exceptions.
Section 43-5-1175. No increase in welfare with increase in number of children.
Section 43-5-1180. Participation in work support required when child is one year old.
Section 43-5-1185. Family skills training program.
Section 43-5-1195. Eligibility based on parent's support and employment revised.
Section 43-5-1200. Vehicle and other asset limits.
Section 43-5-1205. Interest income and dividends to be excluded.
Section 43-5-1210. Minor child's income to be excluded.
Section 43-5-1215. Welfare recipients under age eighteen must attend school.
Section 43-5-1220. Minor mother must live with minor's parents to receive welfare; exceptions.
Section 43-5-1225. Outreach and information programs.
Section 43-5-1230. Family to be served as a whole.
Section 43-5-1235. Increased health care access through existing resources.
Section 43-5-1240. Transitional Medicaid and child care.
Section 43-5-1245. Federal child care funds must be sought.
Section 43-5-1250. Endorsement of statewide mass transit network.
Section 43-5-1255. Adult education initiatives.
Section 43-5-1260. Technical education partnership initiatives.
Section 43-5-1265. Simplification of application forms.
Section 43-5-1270. Information on absent parent required.
Section 43-5-1275. Electronic data interchange standards.
Section 43-5-1280. Review of federal and state procurement and purchasing regulations.