Oklahoma § 56-171 - Disclosure of property and income - Overpayments or

§ 56-171. Disclosure of property and income - Overpayments or

payments resulting from misrepresentation or concealment - Notice of

sale or encumbrance.

Any applicant for assistance under this act shall set forth upon

the form prescribed by the Department of Human Services all his real

and personal property and income from whatever sources. If the

recipient of assistance under this act thereafter becomes possessed

of real property, or if such recipient comes into possession of

personal property or money in excess of that given in the

application for assistance and in such amount as would materially

affect his right to assistance, it shall be the duty of the

recipient immediately to notify the Department of the receipt and

possession of such property, real or personal, or money. Provided,

however, when assistance grants available are insufficient to meet

the needs of a recipient as determined by the Department, such

recipient may earn or receive the difference between such assistance

grant and the budgetary needs of the recipient subject to

availability of funds appropriated for this purpose. If any

recipient receives overpayment of assistance under this act, or

receives assistance while ineligible therefor under this act,

through misrepresentation or concealment of material facts, either

in his original application or thereafter, materially affecting the

amount of assistance, the Department may, upon investigation, either

cancel the assistance or reduce the amount thereof in accordance

with the circumstances.

If any recipient conceals any resource, either in his original

application or thereafter, which would render the recipient

ineligible for public assistance, such recipient shall be liable for

the entire amount of assistance paid during the period of

ineligibility. If, during the continuance of assistance, a

recipient comes into possession of any money or resource which does

Oklahoma Statutes - Title 56. Poor Persons

not render him completely ineligible for assistance but which, if

reported, would have reduced the amount of his assistance grant,

such recipient shall be liable for the excess paid by the Department

over the amount which the Department would have paid had the money

or resources been reported. The Department may bring an action in a

court of competent jurisdiction for the amount paid an ineligible

recipient or the amount of the overpayment, as the case may be,

unless the recipient voluntarily acknowledges the indebtedness,

voluntarily gives a lien upon his property or voluntarily makes

repayment. Providing, however, that the Department of Human

Services shall credit any recipient who has received assistance

while ineligible by reason of such fraud, misrepresentation and

concealment of facts for the time he has been held off the rolls

according to the budgetary requirements in effect during the time he

has remained off the rolls and such amount shall be deducted from

the amount found to have been received ineligibly, by means of such

fraud and misrepresentation. After the fact and amount of

indebtedness has been established by a court of competent

jurisdiction, the Department shall proceed to collect said judgment

as other judgments for money are collected and all sums recovered

under such judgments shall be paid into the State Treasury to the

credit of the Human Services Medical and Assistance Fund; provided,

however, that an action to establish the fact and amount of

overpayment under the provisions of this act must be brought within

one (1) year from the date of the discovery of the overpayment,

misrepresentation or concealment of material facts by the recipient.

Such judgment shall be a lien upon all assets, except the homestead

and exempt personal property of such recipient, while the same are

exempt from execution under the laws of the State of Oklahoma. Any

funds received through the voluntary action of the recipient shall

be paid into the State Treasury to the credit of the Human Services

Medical and Assistance Fund.

Any recipient hereunder who sells, conveys or encumbers any real

property belonging to him, or any interest therein, shall

immediately notify the Department of same, giving the legal

description of said property and nature and amount of consideration.

Failure to make the report shall be cause for forfeiture of a

recipient's right to assistance, in the discretion of the

Department.

Added by State Question No. 226, Initiative Petition No. 155, § 11,

adopted July 7, 1936. Amended by Laws 1939, p. 90, § 10, emerg.

eff. May 9, 1939; Laws 1951, p. 158, § 4, emerg. eff. June 1, 1951;

Laws 1953, p. 228, § 1, emerg. eff. May 27, 1953; Laws 1988, c. 326,

§ 10, emerg. eff. July 13, 1988; Laws 1992, c. 277, § 9, eff. July

1, 1992.