208.210. Undeclared income or property--benefits may be recovered by division of family services, when.
Undeclared income or property--benefits may be recovered by divisionof family services, when.
208.210. 1. If at any time during the continuance of publicassistance to any person, the recipient thereof, or the husbandor wife of the recipient with whom he is living, is possessed orbecomes possessed of any property or income in excess of theamount declared at the time of application or reinvestigation ofhis case and in such amount as would affect his needs or right toreceive benefits, it shall be the duty of the recipient, or thehusband or the wife of the recipient, to notify the countywelfare office of the receipt or possession of such property orincome, and the division of family services may, afterinvestigation, either cancel the benefits or alter the amountthereof in accordance with the circumstances.
2. Any benefits paid when the recipient or his spouse is inpossession of such undeclared property or income shall berecoverable by the division of family services as a debt due tothe state. If during the life, or upon the death, of any personwho is receiving or has received benefits, it is found that therecipient or his spouse was possessed of any property or incomein excess of the amount reported that would affect his needs orright to receive benefits, or if it be shown such benefits wereobtained through misrepresentation, nondisclosure of materialfacts, or through mistake of fact, the amount of benefits,without interest, may be recovered from him or his estate by thedivision of family services as a debt due the state.
3. The possession of undeclared property by a recipient orhis spouse with whom he is living shall be prima facie evidenceof its ownership during the time benefits were granted, and theburden to prove otherwise shall be upon the recipient or hislegal representative.
4. The federal government shall be entitled to share in anyamount collected under the provisions of this section, however,not to exceed the amount contributed by the federal government ineach case. The amount due the United States shall be promptlypaid or credited upon collection to the designated agency of thefederal government by the division of family services.
(L. 1951 p. 771 § 208.201)