50-7-612 - Food stamp overissuance deduction.
50-7-612. Food stamp overissuance deduction.
(a) An individual filing a new claim for unemployment compensation shall, at the time of filing the claim, disclose whether or not the individual owes an overissuance, as defined in § 13(c)(1) of the Food Stamp Act of 1977, codified in 7 U.S.C. § 2022(c)(1), of food stamp benefits. The administrator shall notify the state food stamp agency enforcing such obligation of any individual who discloses that such individual owes food stamp overissuances and who is determined to be eligible for unemployment compensation.
(b) The administrator shall deduct and withhold from any unemployment compensation payable to the individual who owes an uncollected overissuance of food stamp benefits:
(1) The amount specified by the individual to the administrator to be deducted and withheld under this subsection (b);
(2) The amount, if any, determined pursuant to an agreement submitted to the state food stamp agency under § 13(c)(3)(A) of the Food Stamp Act of 1977, codified in 7 U.S.C. § 2022(c)(3)(A); or
(3) Any amount otherwise required to be deducted and withheld from unemployment compensation pursuant to § 13(c)(3)(B) of the Food Stamp Act of 1977, codified in 7 U.S.C. § 2022(c)(3)(B).
(c) Any amount deducted and withheld under this section shall be paid by the administrator to the appropriate state food stamp agency.
(d) Any amount deducted and withheld under subsection (b) shall for all purposes be treated as if it were paid to the individual as unemployment compensation and be treated as if it were paid by the individual to the state food stamp agency as repayment of the individual's uncollected overissuance of food stamp benefits.
(e) For purposes of this section, unemployment compensation means any compensation payable under this chapter, including amounts payable by the commissioner pursuant to an agreement under federal law providing for compensation, assistance, or allowances with respect to unemployment.
(f) This section applies only if arrangements have been made for reimbursement by the state food stamp agency for the administrative costs incurred by the commissioner under this section that are attributable to the repayment of uncollected overissuances to the state food stamp agency.
[Acts 1997, ch. 104, § 4.]