S.C. Code Regs. 44-80 - Assigning the Right to Claim a Prize
A. No person entitled to a prize may assign the right to claim it, except:
(1) That payment of a prize may be made to any legal representative, including, but not limited to, guardians, executors, administrators, receivers, or other court-appointed assignees;
(2) For the purpose of paying federal, state or local tax; or to satisfy executions, judgments, or orders or other processes legitimately obtained from federal or state courts; or
(3) Transfers of remaining lottery annuity prize payments may be assigned as authorized by the Executive Director.
B. In the event that there is a dispute or it appears that a dispute may occur relative to any prize, the Commission or Executive Director may refrain from making payment of the prize pending a final determination of the dispute by the Commission or by a court of competent jurisdiction.
C. A ticket that has been legally issued by a lottery retailer is a bearer instrument until signed. The person who signs the ticket is considered the bearer of the ticket.
D. All prizes shall be paid within a reasonable time after the claims are verified by the Executive Director and a winner is determined in a manner approved by SCEL. The date of the first installment payment of each prize to be paid in installment payments shall be the date the prize event is validated and certified. Subsequent installment payments shall be made annually from the date of the event in accordance with the type of prize awarded.
E. The Executive Director may, at any time, delay any payment in order to review a change in circumstance relative to the prize awarded, the payee, the claim, or any other matter that may have come to the Executive Director's attention. All delayed payments shall be brought up-to-date immediately upon the Executive Director's confirmation and continue to be paid on each originally scheduled payment date thereafter. If any prize is payable for the life of the claimant, only an individual may claim that prize, and if the individual is claiming on behalf of a group, a corporation, or the like, the life of the claim shall not exceed twenty (20) years.
F. All prizes or portions of prizes which remain unpaid at the time of a prize winner's death are payable to the prize winner's estate.
G. The Executive Director may rely wholly on the presentment of certified copies of a court's appointment of an administrator or executor, guardian, conservator or any other evidence of a person entitled to the payment of any prize winnings then due.
H. The payment to the estate of a deceased owner of any prize winnings by the Executive Director absolves the Commission, Executive Director and employees of the agency of any further liability for payment of the prize winnings. The Executive Director need not look to pay the prize winnings beyond the estate or appointed representative.
I. The Commission or Executive Director may petition any court of competent jurisdiction to request a determination of the payee for payment of any prize winnings which are or may become due the estate of a deceased winner or a winner under a disability because of minority, mental deficiency, or physical or mental incapacity.
J. Whenever the winner of a lottery prize is also a lottery retailer, or is an owner or officer of a partnership or corporation that is a lottery retailer, the Executive Director may offset any debt due SCEL against the amount of the prize due to the winner of the prize.
Notes
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