61-6-48. Assignment of benefits void--Exemption from process--Waiver of exemption void--Information furnished to Department of Social Services--Disclosure of obligations by applicant--Deductions--Reimbursement of costs.
Any assignment, pledge, or encumbrance of any right to benefits which are or may become due or payable under this title is void except as provided in this section. The rights to benefits are exempt from levy, execution, attachment, or any other remedy provided for the collection of debt. Any benefits received by any individual, so long as the benefits are not mingled with other funds of the recipient, are exempt from any remedy for the collection of all debts, except debts incurred for necessaries furnished to the individual, the individual's spouse, or dependents during the time when the individual was unemployed. Any waiver not provided for in this section is void.
The secretary of the Department of Labor and Regulation shall furnish information on individuals receiving reemployment assistance benefits to the Department of Social Services in accordance with section 303(e) of the Social Security Act as amended by section 2333(b) of P. L. 97-5--August 13, 1981. The secretary may also furnish this information in accordance with section 13 of the Food Stamp Act of 1977 as amended by section 1535 of P.L. 99-198. The Department of Social Services determines periodically whether any of these individuals receiving reemployment assistance owe child support obligations or an uncollected overissuance of food stamp coupons.
Each new applicant filing for reemployment assistance benefits shall disclose any obligation for child support payments in accordance with section 454(19) of the Social Security Act as amended by section 101(a) of P.L. 93-647, and may be required to disclose any obligation for uncollected overissuances (as defined in section 13(c)(1) of the Food Stamp Act of 1977) of food stamp coupons, to the Department of Labor and Regulation at the time of filing. If an individual disclosing child support obligations is eligible for reemployment assistance benefits, the secretary shall notify the Department of Social Services.
The secretary shall deduct from an eligible individual's reemployment assistance benefit payment and pay to the secretary of the Department of Social Services:
(1)The amount determined by agreement between the individual and the Department of Labor and Regulation;
(2)The amount determined by agreement between the individual and the Department of Social Services; or
(3)The amount determined by the Department of Social Services through legal processes.
If an individual disclosing an uncollected overissuance of food stamp coupons is eligible for reemployment assistance benefits, the secretary may notify the Department of Social Services. The secretary may also deduct from an eligible individual's reemployment assistance benefit payment, and pay to the secretary of the Department of Social Services, the amount determined by subdivisions (1) to (3), inclusive, of this section.
The secretary of the Department of Social Services shall reimburse the Department of Labor and Regulation for administrative costs incurred by the Department of Labor and Regulation attributable to child support payment obligations and food stamp overissuance obligations being enforced by the Department of Social Services.
Source: SL 1936 (SS), ch 3, §15; SDC 1939, §17.0840; SL 1982, ch 369, §12; SL 1986, ch 424, §7; SL 2008, ch 277, §135; SL 2011, ch 1 (Ex. Ord. 11-1), §33, eff. Apr. 12, 2011; SDCL §61-6-28; SL 2012, ch 252, §59; SL 2013, ch 258, §21; SL 2019, ch 216, §19.