53-2-108. Overpayment of assistance -- civil penalty when fraud. (1) If, due to department or recipient error, a recipient receives public assistance for which the recipient is not eligible, the portion of payment that the recipient is not entitled to receive may be returned at the discretion of the department.
     (2) If a person obtains any part of an assistance payment through fraudulent means as specified in 53-2-107, 125% of the amount of assistance to which the person was not entitled must be repaid and, until fully paid, is a debt due the state.

     History: En. Sec. 2, Ch. 257, L. 1979; amd. Sec. 4, Ch. 486, L. 1997.