53-2-108. Overpayment of assistance -- civil penalty when fraud. (1) If, due to department error, a recipient receives public assistance for which he is not eligible, the portion of payment that he is not entitled to receive shall 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 shall be repaid and, until fully paid, is a debt due the state.

     History: En. Sec. 2, Ch. 257, L. 1979.