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20-76-403. Application — Fraud.
Arkansas Code — all titles (historical 2020) · legal_authorities
20-76-403. Application — Fraud.
(a) The application for assistance shall contain a statement of the amount of both real and personal property in which the applicant has an interest and of all earned and unearned income which he or she may have at the time of the filing of the application and such other information as may be required by the Department of Human Services.
(b) Any assistance improperly paid shall be recoverable by the state as a debt due the state and, if applicable, the recipient shall be prosecuted under theft of public benefits, § 5-36-202.
(c)(1) All assistance provided under this chapter shall be reconsidered by the department as frequently as the department deems necessary. The amount of assistance may be entirely withdrawn by the department if the department is advised that the recipient's circumstances have altered sufficiently to warrant such action.
(2) Whoever shall withhold information in a periodic reconsideration that may result in a recipient's assistance being changed or withdrawn shall be guilty of fraud. Any money paid after information has been withheld shall be recoverable as a debt due the state.
(d) The department shall forthwith close any recipient's open case upon a judicial or administrative determination that the individual recipient has committed fraud in order to receive transitional employment assistance benefits. The case shall remain closed and the recipient shall remain ineligible until all indebtedness to the department is repaid with interest.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 20-76-403
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. A text match is a research starting point; applicability is not established.
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Record provenance
Stable record: arkansas_code:legal_authorities:20-76-403
Source file: gov.ar.code.title.20.odt
Pages: Not recorded – Not recorded
Passage SHA-256: 34b0df7a3fcfc01ba40255fa7291780d24e81be839510b96400fc3d88455a4ff
Source location: content.xml paragraph 34525
Stored source content
20-76-403. Application — Fraud.
(a) The application for assistance shall contain a statement of the amount of both real and personal property in which the applicant has an interest and of all earned and unearned income which he or she may have at the time of the filing of the application and such other information as may be required by the Department of Human Services.
(b) Any assistance improperly paid shall be recoverable by the state as a debt due the state and, if applicable, the recipient shall be prosecuted under theft of public benefits, § 5-36-202.
(c)(1) All assistance provided under this chapter shall be reconsidered by the department as frequently as the department deems necessary. The amount of assistance may be entirely withdrawn by the department if the department is advised that the recipient's circumstances have altered sufficiently to warrant such action.
(2) Whoever shall withhold information in a periodic reconsideration that may result in a recipient's assistance being changed or withdrawn shall be guilty of fraud. Any money paid after information has been withheld shall be recoverable as a debt due the state.
(d) The department shall forthwith close any recipient's open case upon a judicial or administrative determination that the individual recipient has committed fraud in order to receive transitional employment assistance benefits. The case shall remain closed and the recipient shall remain ineligible until all indebtedness to the department is repaid with interest.
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Arkansas Code — all titles (historical 2020) · legal_authorities
5-36-202. Theft of public benefits.
(a) A person commits theft of public benefits if the person:
(1) Obtains or retains a public benefit from the Department of Human Services or any other state agency administering the distribution of a public benefit:
(A) By means of any false statement, misrepresentation, or impersonation; or
(B) Through failure to disclose a material fact used in making a determination as to the person's qualification to receive a public benefit; or
(2) Receives, retains, or disposes of a public benefit knowing or having reason to know that the public benefit was obtained in violation of this subchapter.
(b) Presentation of false or fictitious information or failure to disclose a material fact in the process of obtaining or retaining public benefits is prima facie evidence of purpose to commit theft of public benefits.
(c) Theft of public benefits is a:
(1) Class B felony if the value of the public benefit is two thousand five hundred dollars ($2,500) or more;
(2) Class C felony if the value of the public benefit is less than two thousand five hundred dollars ($2,500) but more than five hundred dollars ($500); or
(3) Class A misdemeanor if the value of the public benefit is five hundred dollars ($500) or less.
(d) In addition to an extended term of imprisonment provided by § 5-4-501 for a habitual offender, any person who pleads guilty or nolo contendere to or is found guilty of violating this section shall be imprisoned:
(1) For no less than seven (7) days for a second offense occurring within five (5) years of a prior offense;
(2) For no less than ninety (90) days for a third offense occurring within five (5) years of a prior offense; and
(3) For at least one (1) year for a fourth or subsequent offense occurring within f
Source: Arkansas Code — historical release 78 (November 6, 2020) · 5-36-202
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 5-36-202. This identifies an authority to review, not proof of applicability.