2014 Indiana Code TITLE 12. HUMAN SERVICES ARTICLE 14. FAMILY ASSISTANCE SERVICES CHAPTER 18. SUPPLEMENTAL ASSISTANCE; EXCESS PROPERTY OR INCOME
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IC 12-14-18
Chapter 18. Supplemental Assistance; Excess Property or
Income
IC 12-14-18-1
Application of chapter
Sec. 1. This chapter applies to an individual who receives any of
the following:
(1) Supplemental assistance to the aged.
(2) Supplemental assistance to the blind.
(3) Supplemental assistance for persons with disabilities.
As added by P.L.2-1992, SEC.8.
IC 12-14-18-1.5
"Eligible individual" defined
Sec. 1.5. As used in this chapter, "eligible individual" means:
(1) a person who was systematically persecuted for racial or
religious reasons by Nazi Germany or any other Axis regime; or
(2) an heir of a person described in subdivision (1).
As added by P.L.128-1999, SEC.15.
IC 12-14-18-1.7
"Holocaust victim's settlement payment" defined
Sec. 1.7. As used in this chapter, "Holocaust victim's settlement
payment" means a payment received:
(1) as a result of the settlement of the action entitled "In re
Holocaust Victims' Asset Litigation", (E.D. NY) C.A. No.
96-4849;
(2) under the German Act Regulating Unresolved Property
Claims;
(3) under any other foreign law providing payments for
Holocaust claims; or
(4) as a result of the settlement of any other Holocaust claim,
including:
(A) insurance claims;
(B) claims relating to looted art;
(C) claims relating to looted financial assets; or
(D) claims relating to slave labor wages.
As added by P.L.128-1999, SEC.16.
IC 12-14-18-2
Cancellation or alteration of amount of assistance
Sec. 2. (a) If while receiving supplemental assistance a recipient
obtains property or income in excess of the amount stated in the
application, the recipient shall notify the division or county office, if
the recipient receives supplemental assistance to the aged,
immediately of the receipt or possession of the property or income.
(b) The division may, after investigation, cancel or alter the
amount of the assistance in accordance with the circumstances.
(c) Excess supplemental assistance paid is recoverable by the
county as a debt due to the state.
(d) However, an eligible individual is not required to notify the
division or county office of a Holocaust victim's settlement payment
received by the individual. The division may not alter the amount of
supplemental assistance paid to the individual after the individual's
receipt of the payment.
As added by P.L.2-1992, SEC.8. Amended by P.L.4-1993, SEC.96;
P.L.5-1993, SEC.109; P.L.128-1999, SEC.17.
IC 12-14-18-3
Fraudulently obtained supplemental assistance; recovery; penalty;
preferred claim against estate; right of action against recipient
Sec. 3. If:
(1) the division determines that a recipient possessed income or
property in excess of the amount reported; and
(2) it is shown that supplemental assistance was obtained
fraudulently;
the total amount of the supplemental assistance plus a penalty of
twenty percent (20%) may be recovered by the division as a preferred
claim from the estate of the recipient or in an action brought against
the recipient while living.
As added by P.L.2-1992, SEC.8.
IC 12-14-18-4
Fraudulently obtained supplemental assistance; superiority of
claim against recipient's estate
Sec. 4. A claim filed under section 3 of this chapter is a superior
claim, except for claims for the following:
(1) Expenses of administration.
(2) Expenses of burial and last sickness.
(3) Taxes accrued at the time of the decedent's death.
(4) Debts secured at the time of the decedent's death.
(5) Debts secured by liens created before assistance was
granted.
As added by P.L.2-1992, SEC.8.
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