South Dakota Administrative Code

Rule 67:10:01:23 Assistance unit to report change of circumstances. 67:10:01:23. Assistance unit to report change of circumstances. An assistance unit not required to report according to § 67:10:05:14 must notify the department of any material change of circumstances within 10 da…

Rule 67:10:01:24 Full determination of continuing eligibility. 67:10:01:24. Full determination of continuing eligibility. An assistance unit is required to complete a new application at least once every 12 months. If the assistance unit does not complete the new application withi…

Rule 67:10:01:25 Individual to supply necessary information. 67:10:01:25. Individual to supply necessary information. In addition to the cooperation requirements contained in SDCL 28-7A-6, an individual must provide the department with the necessary verifications to establish ini…

Rule 67:10:01:26 Individual to supply third-party liability information -- Penalty. 67:10:01:26. Individual to supply third-party liability information -- Penalty. The department may request information from the individual concerning the existence of actual or potential third-par…

Rule 67:10:01:27 Good cause for refusing to cooperate. 67:10:01:27. Good cause for refusing to cooperate. For the purposes of SDCL 28-7A-6, an individual may establish good cause for refusing to cooperate when evidence of one or more of the following situations is presented to th…

Rule 67:10:01:28 Good cause -- Individual to provide timely evidence -- Extensions -- Failure to respond. 67:10:01:28. Good cause -- Individual to provide timely evidence -- Extensions -- Failure to respond. An individual who submits a written good cause claim under § 67:10:01:27…

Rule 67:10:01:29 Evidence of good cause. 67:10:01:29. Evidence of good cause. To meet the requirements of § 67:10:01:27, the department shall accept any of the following as evidence of good cause: (1) Birth certificates or medical, law enforcement, or child protection agency reco…

Rule 67:10:01:30 Criteria for basing good cause on emotional harm. 67:10:01:30. Criteria for basing good cause on emotional harm. The department shall determine that emotional harm exists if the individual can demonstrate that an emotional impairment substantially affects the ind…

Rule 67:10:01:31 Department to investigate good cause claims. 67:10:01:31. Department to investigate good cause claims. The department may investigate any good cause claim; however, the department shall investigate all good cause claims which are based on anticipated physical har…

Rule 67:10:01:32 Departmental contact with absent parent. 67:10:01:32. Departmental contact with absent parent. While conducting a good cause investigation, the department may determine that it is necessary to contact the absent parent. Before contacting the absent parent, the de…

Rule 67:10:01:33 Department to determine good cause and notify individual -- Contents of notice. 67:10:01:33. Department to determine good cause and notify individual -- Contents of notice. Based on the evidence supplied by the individual or the department's own investigation, or…

Rule 67:10:01:34 Biannual redetermination of good cause -- Notice of rescindment. 67:10:01:34. Biannual redetermination of good cause -- Notice of rescindment. The department shall biannually review all approved good cause claims which are established on circumstances subject to …

Rule 67:10:01:35 Availability of information. 67:10:01:35. Availability of information. Information in the department's possession that concerns an applicant or recipient is considered confidential, and its use is limited to purposes directly related to the administration of the …

Rule 67:10:01:35.01 Release of confidential information. 67:10:01:35.01. Release of confidential information. An individual or entity outside of the department requesting confidential information about an applicant or recipient must make the request in writing. The information be…

Rule 67:10:02:01 Definitions. 67:10:02:01. Definitions. Terms used in this chapter mean: (1) "Disability/incapacity consultation team," a three-member team consisting of a consultant physician, a consultant nurse, and a representative from the department; (2) "Unemployment insura…

Rule 67:10:02:02 Deprivation of parental support or care. 67:10:02:02. Deprivation of parental support or care. In order to receive assistance under this article, a child must be deprived of parental support or care. The department considers that a child is deprived of parental s…

Rule 67:10:02:03 Physical or mental incapacity of a parent. 67:10:02:03. Physical or mental incapacity of a parent. The department considers that a parent is physically or mentally incapacitated if the parent has a physical or mental illness or impairment which is expected to las…

Rule 67:10:02:04 Incapacity -- Basis for payments for medical examinations and reports -- Authorization required for intensive procedures. 67:10:02:04. Incapacity -- Basis for payments for medical examinations and reports -- Authorization required for intensive procedures. Paymen…

Rule 67:10:02:05 Cessation of incapacity. 67:10:02:05. Cessation of incapacity. If the department determines that financial need exists but the disability/incapacity consultation team determines that an incapacity no longer exists, assistance may continue for no more than three m…

Rule 67:10:02:06 Deprivation because of unemployment. 67:10:02:06. Deprivation because of unemployment. A child is considered to be deprived of parental support because of the parents' unemployment if the parents meet all of the following criteria: (1) The parents' combined gross…

Rule 67:10:02:07 Circumstances under which parent not considered unemployed. 67:10:02:07. Circumstances under which parent not considered unemployed. A parent is not considered unemployed in any of the following situations: (1) The parent is participating in a labor dispute; (2) …

Rule 67:10:03:01 Definitions. 67:10:03:01. Definitions. Terms used in this chapter mean: (1) "Earned income," for an individual who is employed, income earned by the individual through the receipt of wages, salary, commissions, or fees in cash or in kind, before deductions such a…

Rule 67:10:03:02 Income considered. 67:10:03:02. Income considered. Unless otherwise excluded under the provisions of this chapter, the department considers all income in the month received. Funds held beyond the month of receipt become a resource and are considered under the pro…

Rule 67:10:03:03 Income exempt from consideration. 67:10:03:03. Income exempt from consideration. The following income is not considered available to meet the assistance unit's needs and is exempt from consideration: (1) Student financial assistance such as Pell grants, supplemen…

Rule 67:10:03:04 Deductions from income. 67:10:03:04. Deductions from income. The department shall deduct the following from the assistance unit's countable monthly gross income: (1) The standard earned income deduction calculated according to § 67:10:03:05; and (2) Child support…

Rule 67:10:03:05 Standard earned income deduction. 67:10:03:05. Standard earned income deduction. After the department determines the assistance unit's countable monthly gross income, each employed member of the assistance unit whose earned income is considered when determining t…

Rule 67:10:03:06 Income of parent considered available to dependent child. 67:10:03:06. Income of parent considered available to dependent child. Except as specified in § 67:10:03:08, the income of the child's parent living in the home with the child is considered available to me…

Rule 67:10:03:07 Consideration of income of parent of minor parent. 67:10:03:07. Consideration of income of parent of minor parent. The department shall consider the income of a minor parent's parent when determining eligibility for and the amount of assistance if the minor paren…

Rule 67:10:03:08 Income of Indian stepparents in Indian country not considered. 67:10:03:08. Income of Indian stepparents in Indian country not considered. When determining an assistance unit's eligibility for and amount of assistance, the department may not consider the income o…

Rule 67:10:03:09 Consideration of sponsor's income and resources to alien. 67:10:03:09. Consideration of sponsor's income and resources to alien. The income and resources of an alien's sponsor and the sponsor's spouse, if any, are considered to be the unearned income and resource…

Rule 67:10:03:10 Periodic and lease income considered. 67:10:03:10. Periodic and lease income considered. The department considers income received from trust land leases by the fiscal year, July 1 through June 30. The department shall exclude up to $2,000 a year of lease income r…

Rule 67:10:03:11 Recurring monthly or semi-monthly income. 67:10:03:11. Recurring monthly or semi-monthly income. If recurring monthly or semi-monthly income is not paid or received on the regular day because of mailing cycles, holidays, weekends, or similar circumstances, the de…

Rule 67:10:03:12 Earned income from self-employment. 67:10:03:12. Earned income from self-employment. The department considers net earned income from self-employment available to the assistance unit. To determine net income, subtract the costs of producing the income from gross i…

Rule 67:10:03:13 Treatment of income from boarder. 67:10:03:13. Treatment of income from boarder. The cash contribution of a boarder is considered income if the contribution is for meals and non-shelter related expenses. If the payment includes shelter expenses, the portion stipu…

Rule 67:10:03:14 Treatment of income from roomer. 67:10:03:14. Treatment of income from roomer. The cash contribution of a roomer is considered income if the contribution is for non-shelter related expenses. If the payment is for shelter expenses, the portion stipulated for shelt…

Rule 67:10:03:15 Treatment of income from ineligible individual because of an action or inaction on the part of the individual. 67:10:03:15. Treatment of income from ineligible individual because of an action or inaction on the part of the individual. The income of an individual …

Rule 67:10:03:16 Pre-strike income considered for individuals on strike. 67:10:03:16. Pre-strike income considered for individuals on strike. If an individual is on strike and the individual's income must be considered when determining eligibility and the amount of assistance, th…

Rule 67:10:03:17 Striker defined. 67:10:03:17. Striker defined. A striker is an individual involved in a strike or concerted work stoppage, work slowdown, or interruption of work operations. An individual is not considered a striker in the following situations: (1) The individual…

Rule 67:10:03:18 Treatment of lump sum income. 67:10:03:18. Treatment of lump sum income. The first $2,000 of nonrecurring lump sum income is excluded as income. When nonrecurring income is more than $2,000, each member of the assistance unit is ineligible for assistance for the …

Rule 67:10:03:19 Contract income intended for annual support. 67:10:03:19. Contract income intended for annual support. Contract income intended for annual support, such as a teacher's contract, is annualized when determining eligibility. To determine the annualized amount, use t…

Rule 67:10:03:20 Treatment of interest income from trust. 67:10:03:20. Treatment of interest income from trust. The department shall annualize interest income from a trust as long as the source of the interest income continues. Source: 24 SDR 24, effective August 31, 1997. Genera…

Rule 67:10:03:21 Unearned income from rental property. 67:10:03:21. Unearned income from rental property. Income from rental property is considered unearned income from self-employment if an individual in the assistance unit is involved in the management of the rental business le…

Rule 67:10:03:22 Repealed. 67:10:03:22. Unearned income of student.Repealed. Source: 24 SDR 24, effective August 31, 1997; repealed, 26 SDR 168, effective July 1, 2000.

Rule 67:10:04:01 Definitions. 67:10:04:01. Definitions. Terms used in this chapter mean: (1) "Equity value," the current fair market value less encumbrances of record as of the date of valuation; (2) "Fair market value," the price an item will sell for on the open market in the g…

Rule 67:10:04:02 Resources considered. 67:10:04:02. Resources considered. When determining eligibility, the department considers all resources which are available to the members of the assistance unit and which are not otherwise excluded under the provisions of this chapter. This…

Rule 67:10:04:03 Maximum resource limit. 67:10:04:03. Maximum resource limit. The maximum resource limit for an assistance unit is $2,000. Source: 24 SDR 24, effective August 31, 1997. General Authority: SDCL 28-7A-3(1)(3). Law Implemented: SDCL 28-7A-3(1)(3).

Rule 67:10:04:04 Resources excluded from consideration. 67:10:04:04. Resources excluded from consideration. When determining the maximum resource limit, the department excludes the following from consideration: (1) An individual's home if it is the usual residence of the assistan…

Rule 67:10:04:05 Individual temporarily absent from home -- Conditions for exclusion. 67:10:04:05. Individual temporarily absent from home -- Conditions for exclusion. If an individual is temporarily absent from the home, the home may be excluded under the following conditions: (…

Rule 67:10:04:06 Exclusion of earned income tax credit. 67:10:04:06. Exclusion of earned income tax credit. An earned income tax credit received by an individual is excluded from consideration as a resource for 12 months from the date of receipt if the individual was receiving as…

Rule 67:10:04:07 Exclusion of funds owned by dependent child. 67:10:04:07. Exclusion of funds owned by dependent child. The department excludes the first $1,000 of the cumulative balance of a dependent child's savings account, checking account, bonds, or certificates of deposits …