South Dakota Administrative Code

Rule 67:10:04:08 Other real property to be placed on market. 67:10:04:08. Other real property to be placed on market. Other real property is valued according to its equity value. The department may waive the maximum resource limit for up to six months if the other real property i…

Rule 67:10:04:09 Determining value of other real property. 67:10:04:09. Determining value of other real property. An individual must provide evidence to the department of the value of other real property which the individual owns or in which the individual has an interest. To pro…

Rule 67:10:04:10 Department reserves right to obtain independent valuation. 67:10:04:10. Department reserves right to obtain independent valuation. The department shall accept the evidence of the fair market value submitted by the individual unless the fair market value is obviou…

Rule 67:10:04:11 Proceeds from sale of real property held in trust. 67:10:04:11. Proceeds from sale of real property held in trust. The department considers the proceeds received from the sale of real property held in trust to be a resource and subject to the maximum resource lim…

Rule 67:10:04:12 Vehicles considered. 67:10:04:12. Vehicles considered. A licensed vehicle which is not excluded under the provisions of § 67:10:04:04 is valued according to the equity value and the fair market value which exceeds $4,650. The greater of the results of these two c…

Rule 67:10:04:13 Personal property valued according to equity value. 67:10:04:13. Personal property valued according to equity value. The department values an individual's personal property according to its equity value. Source: 24 SDR 24, effective August 31, 1997. General Autho…

Rule 67:10:04:14 Personal property held in trust. 67:10:04:14. Personal property held in trust. The department considers personal property held in trust as a resource if the trust instrument is revocable, allows the administrator to sell property subject to the trust and use the …

Rule 67:10:04:15 Money held in joint account. 67:10:04:15. Money held in joint account. Unless the conditions of § 67:10:04:07 apply or the individual produces clear and convincing evidence to the contrary, the department considers money held in a joint account available to the i…

Rule 67:10:04:16 Savings bonds. 67:10:04:16. Savings bonds. The department considers a savings bond according to its current value. Unless the individual produces clear and convincing evidence to the contrary, the department considers a bond held in co-ownership with another avai…

Rule 67:10:04:17 Life insurance. 67:10:04:17. Life insurance. The department considers a life insurance policy according to its cash value. 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 67:10:04:18 Ineligibility if property transferred, sold, or assigned for purposes of establishing eligibility. 67:10:04:18. Ineligibility if property transferred, sold, or assigned for purposes of establishing eligibility. An assistance unit is ineligible for assistance if i…

Rule 67:10:04:19 Full and adequate consideration for property transferred. 67:10:04:19. Full and adequate consideration for property transferred. The department considers any item or service which the individual receives for transferred property to be for full and adequate consid…

Rule 67:10:04:20 Determining periods of ineligibility. 67:10:04:20. Determining periods of ineligibility. The period of ineligibility for an assistance unit which transferred, assigned, or sold property for the purpose of establishing or maintaining eligibility is up to one year …

Rule 67:10:05:01 Definitions. 67:10:05:01. Definitions. Terms used in this chapter mean: (1) "Independent living arrangement," a situation in which a member of the assistance unit does not reside in a shared living arrangement as defined in subdivision (5) and has sole responsibi…

67:10:05:02. Computing amount of assistance grant -- Limitation. The amount of assistance which may be paid to an assistance unit is derived by the following computation: (1) Add the countable earned and unearned income and other benefits available to or received by the assistanc…

67:10:05:03. Payment standard -- Assistance unit includes parent -- Independent or shared living arrangement. Based on the number of eligible persons in the assistance unit and the unit's living arrangement, the payment standard for a household that includes at least one parent o…

67:10:05:04. Payment standard -- Child not living with parent and placed by child placement agency. Repealed. Source: 24 SDR 24, effective August 31, 1997; 28 SDR 1, effective July 18, 2001; 28 SDR 178, effective, July 3, 2002; 29 SDR 177, effective July 1, 2003; 30 SDR 211, effe…

67:10:05:05. Payment standard -- Child not living with parent. Based on the number of eligible persons in the assistance unit, the payment standard for a household that does not include a parent is: UNIT SIZEPAYMENT STANDARD 1 child$ 3892 children4563 children5234 children5895 ch…

67:10:05:06. Payment standard when assistance unit contains children meeting conditions of §§ 67:10:05:04 and 67:10:05:05. Repealed. Source: 24 SDR 24, effective August 31, 1997; 52 SDR 9, effective August 4, 2025.

Rule 67:10:05:07 Determining eligibility and computing assistance payment. 67:10:05:07. Determining eligibility and computing assistance payment. The department shall determine eligibility and compute the assistance payment prospectively. Source: 24 SDR 24, effective August 31, 1…

Rule 67:10:05:08 Determination of initial month's benefits. 67:10:05:08. Determination of initial month's benefits. The first month's assistance payment is prorated based on the date of application. The payment level is computed by subtracting the date of the application from 31,…

Rule 67:10:05:09 Suspending eligibility after initial month of assistance. 67:10:05:09. Suspending eligibility after initial month of assistance. The department may suspend rather than close the case if the department has knowledge of or reason to believe that ineligibility would…

Rule 67:10:05:10 Repealed. 67:10:05:10. Computing assistance payment after initial month of assistance. Repealed. Source: 24 SDR 24, effective August 31, 1997; repealed, 36 SDR 103, effective December 21, 2009.

Rule 67:10:05:11 Change in amount of assistance because of change in living arrangement or assistance unit size. 67:10:05:11. Change in amount of assistance because of change in living arrangement or assistance unit size. A change in the amount of the assistance unit's grant beca…

Rule 67:10:05:12 Recovery of overpayments from assistance unit. 67:10:05:12. Recovery of overpayments from assistance unit. The department recovers overpayments as soon as possible through restitution by the individual or through recoupment by reducing the amount of the assistanc…

Rule 67:10:05:13 Correction of underpayments. 67:10:05:13. Correction of underpayments. The department shall correct underpayments within 30 days after the date of discovery. The amount of a retroactive payment made to a recipient may not be considered as income or a resource in …

Rule 67:10:05:14 Completed report form required. 67:10:05:14. Completed report form required. The department shall furnish each assistance unit with a report form within six months following the date of application. If the assistance unit is also a recipient of supplemental nutri…

Rule 67:10:05:15 Repealed. 67:10:05:15. Assistance terminated if required report form not received on time -- Reinstatement -- Penalty. Repealed. Source: 24 SDR 24, effective August 31, 1997; repealed, 36 SDR 103, effective December 21, 2009.

Rule 67:10:05:16 Repealed. 67:10:05:16. Good cause for late filing of monthly report. Repealed Source: 24 SDR 24, effective August 31, 1997; repealed, 36 SDR 103, effective December 21, 2009.

Rule 67:10:05:17 Eligibility and amount of assistance payment. 67:10:05:17. Eligibility and amount of assistance payment. If an assistance unit is required to report according to § 67:10:05:14, the department shall determine eligibility and the amount of assistance based on the m…

Rule 67:10:06:01 Definitions. 67:10:06:01. Definitions. Terms used in this chapter mean: (1) "CWEA" or "combined work and education activity," the combined work and education activity established under the provisions of SDCL 28-7A-20 to 28-7A-24, inclusive, for individuals eligib…

Rule 67:10:06:02 Personal responsibility plan. CHAPTER 67:10:06 67:10:06:02. Personal responsibility plan. Unless exempt under § 67:10:06:07, an individual must work with the department to develop a personal responsibility plan. Failure to complete and sign the plan results in in…

Rule 67:10:06:03 Personal responsibility agreement. CHAPTER 67:10:06 67:10:06:03. Personal responsibility agreement. Unless exempt under § 67:10:06:07, as a condition of eligibility for assistance under this article, the parent must sign a personal responsibility agreement. Failu…

Rule 67:10:06:04 Repealed. CHAPTER 67:10:06 67:10:06:04. Certain parents ineligible until transitioned to TANF.Repealed. Source: 24 SDR 24, effective August 31, 1997; repealed, 26 SDR 168, effective July 1, 2000.

Rule 67:10:06:05 Work activities. 67:10:06:05. Work activities. Unless otherwise exempt, an individual is required to participate in work activities. The number of hours of required participation is established in the individual's personal responsibility plan. Work activities inc…

Rule 67:10:06:06 Work activities -- Level of participation. 67:10:06:06. Work activities -- Level of participation. The minimum level of participation for required work activities is as follows: TYPE OF HOUSEHOLD WORK REQUIREMENT One-parent household that has a child under the ag…

Rule 67:10:06:07 Work activities -- Exemption criteria. 67:10:06:07. Work activities -- Exemption criteria. An individual is exempt from participating in work activities if the individual meets one of the following requirements: (1) Is a dependent child under 16 or a dependent ch…

Rule 67:10:06:08 Work activities -- Reduced participation. 67:10:06:08. Work activities -- Reduced participation. If an individual does not qualify for an exemption but has extenuating circumstances which are expected to last at least 30 days and which prevent full participation,…

Rule 67:10:06:09 Repealed. 67:10:06:09. Work activities -- Subsidized private sector employment. Repealed. Source: 24 SDR 24, effective August 31, 1997; 28 SDR 1, effective July 18, 2001; repealed, 36 SDR 103, effective December 21, 2009.

Rule 67:10:06:10 Repealed. 67:10:06:10. Work activities -- Subsidized public sector employment. Repealed. Source: 24 SDR 24, effective August 31, 1997; repealed, 36 SDR 103, effective December 21, 2009.

Rule 67:10:06:11 Work activities -- Community service. 67:10:06:11. Work activities -- Community service. The individual may make up work hours scheduled but not worked if the work is made up within the same reporting month and the department determines according to § 67:10:06:25…

Rule 67:10:06:12 Work activities -- Job search and job readiness. 67:10:06:12. Work activities -- Job search and job readiness. An individual in job search must complete the following activities: (1) Register for work with the Department of Labor and Regulation; (2) Apply for une…

Rule 67:10:06:13 Work activities -- Vocational educational training. 67:10:06:13. Work activities -- Vocational educational training. Vocational educational training must be approved by the department. Approval is based on the following criteria: (1) The course is consistent with…

Rule 67:10:06:13.01 Work activities -- Combined work and education. 67:10:06:13.01. Work activities -- Combined work and education. The combined work and education activity is designed to provide an individual with marketable skills directly related to employment. To qualify for …

Rule 67:10:06:14 Repealed. 67:10:06:14. Work activities -- Job skills training. Repealed. Source: 24 SDR 24, effective August 31, 1997; 28 SDR 1, effective July 18, 2001; repealed, 36 SDR 103, effective December 21, 2009.

Rule 67:10:06:15 Repealed. 67:10:06:15. Work activities – Secondary education. Repealed. Source: 24 SDR 24, effective August 31, 1997; 24 SDR 177, adopted June 22, 1998, effective April 1, 1999; 28 SDR 1, effective July 18, 2001; repealed, 36 SDR 103, effective December 21, 2009.…

Rule 67:10:06:16 Work activities -- Satisfactory attendance at secondary school or in a course of study leading to a certificate of general equivalence. 67:10:06:16. Work activities -- Satisfactory attendance at secondary school or in a course of study leading to a certificate of…

Rule 67:10:06:17 Repealed. 67:10:06:17. Work activities -- Approved training.Repealed. Source: 24 SDR 24, effective August 31, 1997; repealed, 26 SDR 168, effective July 1, 2000.

Rule 67:10:06:18 Support services -- Payment. 67:10:06:18. Support services -- Payment. The department shall pay for support services if payment for the services is not available from another source. The support service must aid the individual in resolving problems that interfere…

Rule 67:10:06:19 Participation required before payment if deprivation based on unemployment. 67:10:06:19. Participation required before payment if deprivation based on unemployment. If an assistance unit's deprivation is based on unemployment, the parents must meet the work parti…