Arizona Laws 46-213. Duty of recipient to notify department of change in status; recovery of excess assistance paid; violation; classification
A. If at any time while receiving assistance the recipient of such assistance knowingly acquires any property or receives any increase in income or property, or both, in excess of income or property declared at the time of determination or redetermination of eligibility, or if there is any other change in circumstances affecting the recipient’s eligibility, the recipient shall within the number of days specified by rules of the department notify the department and provide verification of the acquisition of such property, receipt of such income or change in circumstances. Any recipient of aid who knowingly fails to do so is guilty of a class 2 misdemeanor.
Attorney's Note
Under the Arizona Laws, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| Class 2 misdemeanor | up to 4 months | up to $750 |
Terms Used In Arizona Laws 46-213
- Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
- Assistance: means payments in cash or kind to or on behalf of a person or persons in need as provided for in this title. See Arizona Laws 46-101
- department: means the department of economic security. See Arizona Laws 46-101
- Property: includes both real and personal property. See Arizona Laws 1-215
- Recipient: means a person who receives assistance or services under the provisions of this title. See Arizona Laws 46-101
- Services: includes social casework, rehabilitation counseling and similar services rendered to a person or persons in need as provided for in this title. See Arizona Laws 46-101
B. If a recipient is overpaid for whatever reason, the recipient is liable for the amount of the overpayment. The department of economic security with the concurrence of the department of law shall determine the method of securing repayment which is most appropriate to the particular situation. If there are insufficient assets or resources to justify collection, if the recipient has not obtained assistance or services by intentional misrepresentation or if the overpayment was due to an error on the part of the department of economic security, the department may waive a repayment by the recipient. The department of economic security, with the assistance of the department of law, may institute appropriate court proceedings to recover overpayments.
C. Each warrant issued as an assistance payment shall contain a statement on the reverse side of the warrant relating to the recipient’s eligibility. The wording of this statement shall be determined by the department.