South Dakota Administrative Code

Rule 67:12:05:04 Repealed. CHAPTER 67:12:02 67:12:05:04. Liquid asset and tangible personal property limitation allowed once.Repealed. Source: SL 1975, ch 16, § 1; repealed, 4 SDR 35, effective December 22, 1977.

67:12:05:05. Maximum resource limit. For an aid to families with dependent children assistance unit, the maximum resource limit is one thousand dollars. Real and personal property with an equity value of no more than one thousand dollars may be reserved for each assistance unit. …

Rule 67:12:05:05.01 Repealed. CHAPTER 67:12:02 67:12:05:05.01. Liquid resources excluded from liquid assets and tangible personal property limitations for ADC recipients.Repealed. Source: 3 SDR 52, effective January 27, 1977; 4 SDR 10, effective August 28, 1977; 7 SDR 23, effecti…

67:12:05:06. Tangible personal property considered a resource. Tangible personal property of an applicant or recipient is considered a resource subject to § 67:12:05:05 and valued according to its equity value, except: (1) Household goods essential for day-to-day living; (2) Item…

67:12:05:07. Bank account considered liquid asset. Money on deposit in a bank is included as a liquid resource when applying the resource limit in § 67:12:05:05 whether in a checking account, savings account, or certificate of deposit. Unless the conditions of § 67:12:05:77 apply…

67:12:05:08. Savings bond considered liquid asset. A savings bond is included as a liquid resource when applying the resource limit in § 67:12:05:05 to the extent of its current value. Unless the applicant or recipient produces clear and convincing evidence to the contrary, a sav…

67:12:05:09. Life insurance considered a resource. The cash value of a life insurance policy is included as a liquid resource when applying the resource limit in § 67:12:05:05. Source: SL 1975, ch 16, § 1; 2 SDR 24, effective October 1, 1975; 2 SDR 88, effective July 1, 1976; 7 S…

67:12:05:09.01. Prepaid burial contracts. The equity value, up to one thousand five hundred dollars, of a prepaid burial contract designated for use by a member of the assistance unit is excluded as a resource when applying the resource limit in § 67:12:05:05. The burial contract…

67:12:05:09.02. Burial spaces excluded from resources. Burial spaces owned by the applicant or recipient are excluded as a resource when applying the resource limit in § 67:12:05:05 if they are intended for use by a member of the assistance unit. The number of burial spaces exclu…

67:12:05:10. Personal property held in trust considered a resource. The department must consider personal property held in trust as a resource when applying the resource limit in § 67:12:05:05 if the trust instrument: (1) Is revocable; (2) Allows the administrator to sell propert…

Rule 67:12:05:11 Repealed. CHAPTER 67:12:02 67:12:05:11. Definition of earned income.Repealed. Source: SL 1975, ch 16, § 1; repealed, 7 SDR 66, 7 SDR 89, effective July 1, 1981.

67:12:05:12. Earned income from business. Net earned income or profit from a business is computed by subtracting business expenses from gross business income. Business expenses include the cost of merchandise and building or equipment rental, but do not include depreciation or th…

Rule 67:12:05:13 Repealed. 67:12:05:13. Gross earned income.Repealed. Source: SL 1975, ch 16, § 1; repealed, 7 SDR 66, 7 SDR 89, effective July 1, 1981.

67:12:05:14. Earned income exemption for aid to families with dependent children. After the standard earned income deduction has been applied, employed recipients whose financial needs are considered in the aid to families with dependent children (AFDC) grant shall each receive a…

67:12:05:15. Reserves accumulated from earnings. Reserves accumulated from earnings are treated in the same manner as reserves accumulated from any other source. Source: SL 1975, ch 16, § 1; 4 SDR 10, effective August 28, 1977; 7 SDR 66, 7 SDR 89, effective July 1, 1981; 52 SDR 5…

67:12:05:16. Treatment of tax refunds. Tax refunds received by an applicant or recipient are considered an allowable deduction for the purposes of determining available earned income. Source: SL 1975, ch 16, § 1; 7 SDR 23, effective September 18, 1980; 7 SDR 66, 7 SDR 89, effecti…

67:12:05:16.01. Treatment of earned income tax credit. An earned income tax credit received by an applicant or recipient is considered an allowable deduction for the purposes or determining available earned income. Source: 8 SDR 125, effective April 4, 1982; 12 SDR 4, effective J…

Rule 67:12:05:17 Repealed. 67:12:05:17. Social security contribution as a deduction from earnings.Repealed. Source: SL 1975, ch 16, § 1; 4 SDR 10, effective August 28, 1977; 7 SDR 66, 7 SDR 89, effective July 1, 1981; repealed, 8 SDR 82, effective January 13, 1982.

67:12:05:18. Standard earned income deduction. The standard earned income deduction is ninety dollars. This amount must be deducted from the monthly gross earned income of each employed member of the assistance unit whose earned income is considered when determining the aid to fa…

Rule 67:12:05:19 Repealed. 67:12:05:19. Mandatory payroll deductions.Repealed. Source: SL 1975, ch 16, § 1; 7 SDR 66, 7 SDR 89, effective July 1, 1981; repealed, 8 SDR 82, effective January 13, 1982.

67:12:05:20. Farming or other self-employment business expenses as deductions from income. Farming or other self-employment business expenses directly related to producing the goods or services of the business, and without which the goods or services could not be produced, are co…

67:12:05:21. Dependent care disregard from earnings -- Employed caretaker relatives. An employed recipient caretaker relative whose earnings are considered when determining eligibility for aid to families with dependent children (AFDC) and the amount of the assistance grant are a…

67:12:05:22. Alimony and child support paid by member of assistance unit considered exempt income. The actual amount of alimony or child support, if any, payable on a recurring monthly basis by a member of the assistance unit under court or administrative order to maintain, in wh…

Rule 67:12:05:22.01 Repealed. 67:12:05:22.01. Consideration of child and spousal support.Repealed. Source: 12 SDR 4, effective July 21, 1985; 13 SDR 193, effective June 22, 1987; 15 SDR 67, effective November 6, 1988; repealed, 23 SDR 83, effective November 24, 1996.

67:12:05:23. Supplementary medical insurance benefit premiums as deductible from available income. The supplemental medical insurance premiums paid by a medical-only applicant or recipient eligible for supplemental medical coverage under medicare part B are considered an allowabl…

67:12:05:24. Foster care payment not considered as available income. In aid to families with dependent children (AFDC) households where a child has been placed for foster care by the department, the foster care payment to the foster parents is considered an allowable deduction fo…

67:12:05:25. Consideration of JOBS participant's income. Repealed. Source: SL 1975, ch 16, § 1; 7 SDR 66, 7 SDR 89, effective July 1, 1981; 8 SDR 82, effective January 13, 1982; 8 SDR 174, effective June 28, 1982; 16 SDR 99, effective December 7, 1989; 21 SDR 172, effective April…

Rule 67:12:05:26 Repealed. 67:12:05:26. Work allowances and incentive payments of MDTA participants.Repealed. Source: SL 1975, ch 16, § 1; repealed, 1 SDR 66, effective April 3, 1975.

67:12:05:27. Exemption of vocational rehabilitation training allowances. A training allowance paid to an applicant or recipient in a vocational rehabilitation training program is considered income available to the assistance unit only if the training allowance duplicates a portio…

67:12:05:28. Educational grants, stipends, or loans insured by the Secretary of Education not considered available income. Any grant, stipend, or loan to any undergraduate student for educational purposes made or insured under any program administered by the United States Secreta…

67:12:05:29. Scholarships, grants, awards, and loans for educational purposes. Scholarships, grants, awards, and loans for educational purposes that are given because of need or achievement by the Bureau of Indian Affairs; state sources; federal sources; civic, fraternal, and alu…

67:12:05:29.01. Treatment of moneys received under a college work-study program. Moneys received under a college work-study program are disregarded for the purposes of the aid to families with dependent children program. Source: 7 SDR 66, 7 SDR 89, effective July 1, 1981; 16 SDR …

67:12:05:29.02. Treatment of loans. A loan obtained in good faith and expected to be paid back is considered an allowable deduction for the purposes of determining available earned income. Source: 14 SDR 140, effective May 1, 1988; 17 SDR 200, effective July 1, 1991; 52 SDR 55, e…

Rule 67:12:05:30 Repealed. 67:12:05:30. Value of home produce not income.Repealed. Source: SL 1975, ch 16, § 1; 7 SDR 66, 7 SDR 89, effective July 1, 1981; repealed, 23 SDR 109, effective January 5, 1997.

67:12:05:31. Supplemental nutrition assistance benefits not considered available income. Supplemental nutrition assistance benefits are not considered available income when determining eligibility and the amount of the aid to families with dependent children assistance grant. Sou…

67:12:05:32. Value of federal donated commodities not considered available income. The value of United States Department of Agriculture donated foods is not considered available income when determining eligibility and the amount of the aid to families with dependent children assi…

67:12:05:33. Payment received under the Relocation Act not considered available income. Any payment received under Title II of the federal Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, 42 U.S.C. §§ 4601 et.seq. (April 2, 1987) is not considered…

67:12:05:34. Use of earned income exemption in determining eligibility and computing the assistance payment. In determining eligibility and computing the assistance payment, the earned income exemption is applied as follows: (1) Initial eligibility for a new applicant is determin…

Rule 67:12:05:35 Repealed. 67:12:05:35. Child care only case.Repealed. Source: SL 1975, ch 16, § 1; repealed, 2 SDR 88, effective July 1, 1976.

67:12:05:36. Determining continuing eligibility. To determine continuing eligibility, the department shall apply total income, minus exclusions, against the applicable need standard in § 67:12:06:04.01 for a similar aid to families with dependent children (AFDC) household. If the…

Rule 67:12:05:37 Repealed. 67:12:05:37. Earned income of full-time or part-time student receiving ADC.Repealed. Source: SL 1975, ch 16, § 1; 7 SDR 66, 7 SDR 89, effective July 1, 1981; repealed, 9 SDR 42, effective October 10, 1982.

67:12:05:38. Application of child's earned income. When determining aid to families with dependent children eligibility and the amount of the assistance grant, the earned income of a dependent child, except income earned from participation in the Job Training Partnership Act summ…

Rule 67:12:05:39 Repealed. 67:12:05:39. Stepparent household.Repealed. Source: SL 1975, ch 16, § 1; 3 SDR 52, effective January 27, 1977; repealed, 7 SDR 23, effective September 18, 1980.

Rule 67:12:05:40 Repealed. 67:12:05:40. Contributing stepparent.Repealed. Source: SL 1975, ch 16, § 1; repealed, 3 SDR 52, effective January 27, 1977.

Rule 67:12:05:41 Repealed. 67:12:05:41. Limited contribution of stepparent.Repealed. Source: SL 1975, ch 16, § 1; repealed, 3 SDR 52, effective January 27, 1977.

Rule 67:12:05:42 Repealed. 67:12:05:42. Noncontributing stepparent.Repealed. Source: SL 1975, ch 16, § 1; repealed, 3 SDR 52, effective January 27, 1977.

Rule 67:12:05:43 Repealed. 67:12:05:43. Income received for providing day care services.Repealed. Source: SL 1975, ch 16, § 1; 7 SDR 66, 7 SDR 89, effective July 1, 1981; 13 SDR 193, effective June 22, 1987; repealed, 21 SDR 172, effective April 3, 1995.

67:12:05:44. Real or personal property income or profits of applicants or recipients of aid to families with dependent children. The net income or profits a dependent child derives from real or personal property is considered available to the dependent child and deducted from the…

67:12:05:45. Real or personal property income or profits of parents of dependent children. If a dependent child is living in the home of the child's natural or adoptive parents or stepparent, the department must consider the net income or profits the child's parents derive from r…

Rule 67:12:05:46 Repealed. 67:12:05:46. All income and resources to be considered.Repealed. Source: SL 1975, ch 16, § 1; 7 SDR 66, 7 SDR 89, effective July 1, 1981; repealed, 8 SDR 82, effective January 13, 1982.