§ 76-8-1203. Disclosure required -- Penalty.

(1) Each person who applies for public assistance shall disclose to the state agency administering the public assistance each fact that may materially affect the determination of the person's eligibility to receive public assistance, including the person's current:

(a) marital status;

(b) household composition;

(c) employment;

(d) earned and unearned income, as defined by rule;

(e) receipt of monetary and in-kind gifts that may affect the person's eligibility;

(f) assets that may affect the person's eligibility; and

(g) any other material fact or change in circumstance that may affect the determination of that person's eligibility to receive public assistance benefits, or may affect the amount of benefits for which the person is eligible.

(2) A person applying for public assistance who intentionally, knowingly, or recklessly fails to disclose a material fact required to be disclosed under Subsection (1) is guilty of public assistance fraud as provided in Section 76-8-1206.

(3) With the exception of a client receiving public assistance from the Department of Workforce Services or the Department of Health, a client who intentionally, knowingly, or recklessly fails to disclose to the state agency administering the public assistance a change in a material fact required to be disclosed under Subsection (1), within 10 days after the date of the change, is guilty of public assistance fraud as provided in Section 76-8-1206.

(4) A client who intentionally, knowingly, or recklessly fails to disclose to the Department of Workforce Services or the Department of Health at the time of a review or recertification, whichever comes first, a change in a material fact required to be disclosed under Subsection (1) is guilty of public assistance fraud as provided in Section 76-8-1206.

Amended by Chapter 94, 2010 General Session