2015 Delaware Code
Title 31 - Welfare
CHAPTER 5. STATE PUBLIC ASSISTANCE CODE
§ 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.;