§ 5-407. Restrictions on assistance

   (a) Assistance not transferable or assignable. --

   (1) Assistance granted under this part may not be transferred or assigned.

   (2) Assistance paid or payable under this part is not subject to:

      (i) execution;

      (ii) levy;

      (iii) attachment;

      (iv) garnishment;

      (v) other legal process; or

      (vi) the operation of any bankruptcy or insolvency law.

(b) Reconsideration of assistance. --

   (1) The local department shall reconsider all assistance granted under this part as frequently as the regulations of the Administration require.

   (2) The amount of assistance may be changed or assistance may be canceled if, after any further investigation the local department considers necessary or the Administration requires, the local department or the Administration finds that the recipient's circumstances have altered sufficiently to warrant the change or cancellation.

(c) Recovery from recipient. --

   (1) A recipient shall notify the local department immediately if, while receiving assistance, the recipient receives property or income in excess of the amount stated in the application for assistance.

   (2) After an investigation, depending on the circumstances, the local department may:

      (i) cancel the assistance; or

      (ii) change the amount of assistance.

   (3) Assistance paid before the recipient received the property or income that exceeds the recipient's need may be recovered by the local department as a debt due.

   (4) The net amount recovered shall be divided between the State and county in proportion to the amount of assistance paid by each.

(d) Recovery from estate. --

   (1) When a recipient dies:

      (i) the total amount of assistance paid under this part shall be allowed as a claim against the estate; and

      (ii) the net amount recovered shall be divided between the State and county in proportion to the amount of assistance paid by each.

   (2) The claim may not be enforced against real estate occupied by the recipient's surviving spouse or dependents.

HISTORY: An. Code 1957, art. 88A, § 73, 75-77; 2007, ch. 3, § 2.