South Dakota Administrative Code

67:12:05:47. Interest from savings. If an applicant or recipient has savings less than the maximum resource limit, interest on the savings is considered unearned income available to the assistance unit at the time it is credited to the account. Source: SL 1975, ch 16, § 1; 7 SDR …

67:12:05:48. Tips considered. Tips are considered earned income when determining the assistance unit's financial eligibility and the amount of the assistance grant. Source: SL 1975, ch 16, § 1; 2 SDR 88, effective July 1, 1976; 7 SDR 66, 7 SDR 89, effective July 1, 1981; 21 SDR 1…

67:12:05:49. Periodic and lease income considered. The department considers income received from trust land leases from July first to June thirtieth. The department shall exclude up to two thousand dollars per year of lease income received by an Indian from real property held in …

Rule 67:12:05:50 Repealed. 67:12:05:50. Nonrecipient dependent household members.Repealed. Source: SL 1975, ch 16, § 1; 2 SDR 88, effective July 1, 1976; 3 SDR 52, effective January 27, 1977; 5 SDR 48, effective December 19, 1978; 7 SDR 23, effective September 18, 1980; 7 SDR 66,…

67:12:05:51. Individuals excluded from assistance unit -- Nondependent household members. A nondependent household member must be excluded from the assistance unit. The needs of a nondependent household member may not be considered when determining the amount of the assistance gr…

67:12:05:52. Treatment of income from nonrecipient. Except for a nonrecipient whose income is deemed available to the assistance unit according to §§ 67:12:01:14.01 and 67:12:05:52.01, income from a nonrecipient is treated as follows: (1) The cash contribution of a boarder is con…

67:12:05:52.01. 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 the aid to families with dependent children (AFDC) payment if the minor parent's parent lives …

Rule 67:12:05:53 Repealed. 67:12:05:53. Allocation of income.Repealed. Source: SL 1975, ch 16, § 1; 1 SDR 30, effective October 13, 1974; 2 SDR 88, effective July 1, 1976; 5 SDR 48, effective December 19, 1978; 5 SDR 102, effective June 6, 1979; 7 SDR 23, effective September 18, …

67:12:05:54. Proceeds from life insurance. Proceeds from life insurance are treated as specified in § 67:12:05:59. Source: SL 1975, ch 16, § 1; 7 SDR 66, 7 SDR 89, effective July 1, 1981; 8 SDR 82, effective January 13, 1982; 52 SDR 55, effective December 2, 2025. General Authori…

Rule 67:12:05:55 Repealed. 67:12:05:55. Income specifically designated for group of children or child.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.

67:12:05:56. Applicants or recipients to take advantage of all resources. An applicant or recipient of assistance payments must take advantage of all resources to which the applicant or recipient is entitled. Failure or refusal to do so may result in ineligibility for the applica…

67:12:05:57. Benefits to children and adults derived from government sources. All benefits derived from governmental sources and compensations that are actually received by applicants for or recipients of public assistance must be considered available to and deductible from the r…

Rule 67:12:05:58 Repealed. 67:12:05:58. Social security increases.Repealed. Source: SL 1975, ch 16, § 1; repealed, 7 SDR 23, effective September 18, 1980.

67:12:05:59. Treatment of lump sum income. Nonrecurring earned or unearned lump sum income not otherwise excluded must be added together with all other monthly income received by the assistance unit and considered available for current use after application of the disregards in §…

67:12:05:60. County welfare funds or Bureau of Indian Affairs general assistance grants. County welfare funds or Bureau of Indian Affairs (BIA) general assistance grants payable to applicants for or recipients of aid to families with dependent children (AFDC) must be considered i…

67:12:05:61. Benefits derived from private sources. All benefits derived from private sources, pensions, and annuities, must be considered available to and deductible from the requirements of the applicant or recipient on the same basis as net income derived from real or personal…

67:12:05:61.01. Income received as gift. Nonrecurring income in the amount of thirty dollars or less that is received in the form of a gift is excluded up to a maximum of thirty dollars per recipient per calendar quarter. A gift received by one member of the assistance unit witho…

67:12:05:62. Income received by volunteers in the retired senior volunteer program, foster grandparent program, and older Americans community service program. Compensation provided to individual volunteers under the retired senior volunteer program, foster grandparent, or older A…

Rule 67:12:05:63 Repealed. 67:12:05:63. Special training, medical care, and tuition costs as income.Repealed. Source: SL 1975, ch 16, § 1; repealed, 2 SDR 88, effective July 1, 1976.

67:12:05:64. Judgment funds paid to Blackfeet Tribe and Gros Ventre Tribe of Montana. Per capita judgment funds paid under the Act of March 18, 1972, Pub. L. No. 92-254, 82 Stat. 671 (1972). to members of the Blackfeet Tribe of the Blackfeet Indian Reservation, Montana, and the G…

67:12:05:65. Indian judgment funds pursuant to Pub. L. No. 93-134. The per capita payments of Indian judgment funds made pursuant to the provisions of the Indian Tribal Judgment Funds Use or Distribution Act, Pub. L. No. 93-134, 87 Stat. 466 (1973), are excluded as income or reso…

67:12:05:66. Exclusion of payments received pursuant to Alaska Native Claims Settlement Act. Payments under the Alaska Native Claims Settlement Act, 43 U.S.C. § 1601 (August 13, 2018), which are exempt from taxation under 43 U.S.C. § 1620 (October 14, 1992), are excluded as incom…

Rule 67:12:05:67 Repealed. 67:12:05:67. Cheyenne Sioux benefits paid to 18-year-old enrolled members treated as income.Repealed. Source: 1 SDR 53, effective January 22, 1975; 7 SDR 66, 7 SDR 89, effective July 1, 1981; 8 SDR 82, effective January 13, 1982; repealed, 20 SDR 92, ef…

Rule 67:12:05:68 Repealed. 67:12:05:68. Housing and urban development payments to tornado victims disregarded under certain conditions.Repealed. Source: 1 SDR 53, effective January 22, 1975; 7 SDR 66, 7 SDR 89, effective July 1, 1981; repealed, 8 SDR 82, effective January 13, 198…

Rule 67:12:05:69 Repealed. 67:12:05:69. Incentive allowances and employment earnings received through CETA.Repealed. Source: 1 SDR 30, effective October 13, 1974; 1 SDR 53, effective January 22, 1975; 7 SDR 66, 7 SDR 89, effective July 1, 1981; 8 SDR 82, effective January 13, 198…

Rule 67:12:05:70 Repealed. 67:12:05:70. Definition of an encumbrance.Repealed. Source: 1 SDR 53, effective January 22, 1975; repealed, 7 SDR 66, 7 SDR 89, effective July 1, 1981.

67:12:05:71. Exclusion of payments received as volunteer under Title I (VISTA). Payments received as a volunteer under Title I (VISTA) of the Domestic Volunteer Service Act of 1973, Pub. L. No. 93-113, 87 Stat.394 (1973), must be excluded in determining aid to families with depen…

67:12:05:72. Exclusion of value of supplemental food assistance. The value of supplemental food assistance under the Child Nutrition Act of 1966, Pub. L. No. 89-642, 80 Stat. 885 (October 11, 1966), as amended through Pub. L. No. 117-362 (January 5, 2023), and the special food se…

67:12:05:73. Payments received as volunteer under Titles II and III. Payments received as a volunteer in the Service Corps of Retired Executives, the Active Corps of Executives, or any other program under Title II or Title III of the Domestic Volunteer Service Act of 1973, Pub. L…

67:12:05:74. Exclusion of dependent child's income received from Job Training Partnership Act summer youth employment program. A dependent child's income received as a result of participating in the Job Training Partnership Act summer youth employment program is excluded when det…

67:12:05:75. Exclusion of Agent Orange settlement payments. Payments received pursuant to an Agent Orange product liability settlement are excluded when determining aid to families with dependent children (AFDC) eligibility and the amount of the AFDC assistance payment. Source: 1…

67:12:05:76. Exclusion of vehicle owned by dependent child. The trade-in value of a vehicle owned by a dependent child is excluded from the resource limit contained in § 67:12:05:05 if: (1) The household is assigned to the 1115 waiver group under the provisions of § 67:12:01:73; …

67:12:05:77. Exclusion of savings account owned by dependent child. One or more savings accounts with a cumulative balance of one thousand dollars or less is excluded as a liquid asset if: (1) The assistance unit is assigned to the 1115 waiver group under the provisions of § 67:1…

67:12:05:78. Interest from child's savings account excluded. The department excludes interest as a liquid asset earned on a child's savings account if the requirements of § 67:12:05:77 are met. Source: 20 SDR 196, effective May 23, 1994; 52 SDR 55, effective December 2, 2025. Gen…

67:12:05:79. Exclusion of dependent child's earnings. When determining eligibility and the amount of the assistance payment, the department excludes a dependent child's earned income if the dependent child is at least a part-time student and a member of an assistance unit assigne…

67:12:06:00. Definitions. Words used in this chapter mean: (1) "Dependent living arrangement," a situation where the assistance unit resides in a household owned or rented by an individual who is neither a member of the assistance unit nor a caretaker relative who is receiving su…

67:12:06:01. Recovery of overpayments. The department shall recover overpayments as soon as possible through restitution by the individual or through recoupment by reducing the amount of the aid to families with dependent children (AFDC) grant. The reduced grant combined with oth…

Rule 67:12:06:01.01 Repealed. CHAPTER 67:12:06 67:12:06:01.01. Recoupment of overpayments due to an agency error.Repealed. Source: 1 SDR 30, effective October 13, 1974; repealed, 5 SDR 48, effective December 19, 1978.

Rule 67:12:06:01.02 Repealed. CHAPTER 67:12:06 67:12:06:01.02. Willful misstatement, withholding of information, or failure to report changes within 10 days will result in recoupment of overpayment.Repealed. Source: 1 SDR 30, effective October 13, 1974; 3 SDR 52, effective Januar…

Rule 67:12:06:01.03 Repealed. CHAPTER 67:12:06 67:12:06:01.03. Notice of overpayment.Repealed. Source: 1 SDR 30, effective October 13, 1974; 4 SDR 10, effective August 28, 1977; 4 SDR 60, effective March 26, 1978; 7 SDR 66, 7 SDR 89, effective July 1, 1981; repealed, 8 SDR 95, ef…

Rule 67:12:06:01.04 Repealed. CHAPTER 67:12:06 67:12:06:01.04. Collection of overpayments.Repealed. Source: 1 SDR 30, effective October 13, 1974; 7 SDR 66, 7 SDR 89, effective July 1, 1981; repealed, 8 SDR 95, effective February 18, 1982.

Rule 67:12:06:01.05 Repealed. CHAPTER 67:12:06 67:12:06:01.05. Recoupment of closed cases.Repealed. Source: 1 SDR 66, effective April 6, 1975; 7 SDR 66, 7 SDR 89, effective July 1, 1981; repealed, 8 SDR 95, effective February 18, 1982.

67:12:06:01.06. Recovery of overpayment to alien. If an overpayment to an alien is made by the department because the sponsor withheld information concerning the sponsor's income and resources, the department must recover the overpayment according to § 67:12:06:01. The sponsor an…

67:12:06:02. Correction of underpayments. The department shall correct any underpayment as soon as possible. The amount of a retroactive payment made to a recipient may not be considered as income or a resource when determining eligibility and the amount of the aid to families wi…

67:12:06:03. Financial eligibility -- Gross income limit. There is no financial eligibility if the assistance unit's nonexcluded income, without application of the disregards set forth in §§ 67:12:05:14, 67:12:05:18, 67:12:05:21, and subdivisions 67:12:05:38(2) and (3), exceeds o…

Rule 67:12:06:04 Repealed. CHAPTER 67:12:06 67:12:06:04. Personal and shelter requirements expressed in units.Repealed. Source: SL 1975, ch 16, § 1; repealed July 22, 1975. 67:12:06:04.01. Need standard amount. Based on the number of members in the assistance unit and the unit's …

67:12:06:04.01. Need standard amount. Based on the number of members in the assistance unit and the unit's living arrangement, the need standard amounts are: UNIT SIZEINDEPENDENT LIVINGDEPENDENT LIVING 1 person$ 358$ 204 2 persons 448 295 3 persons 507 354 4 persons 563 412 5 per…

Rule 67:12:06:05 Repealed. 67:12:06:05. Consolidated standard allowed when living independently.Repealed. Source: SL 1975, ch 16, § 1; 1 SDR 30, effective October 13, 1974; 7 SDR 66, 7 SDR 89, effective July 1, 1981; repealed, 12 SDR 204, effective July 1, 1986.

Rule 67:12:06:06 Repealed. 67:12:06:06. Consolidated standard allowed for board and room.Repealed. Source: SL 1975, ch 16, § 1; 1 SDR 30, effective October 13, 1974; 4 SDR 10, effective August 28, 1977; 7 SDR 66, 7 SDR 89, effective July 1, 1981; repealed, 12 SDR 204, effective J…

67:12:06:07. Need standard when child regularly attending school. An otherwise eligible child who regularly attends a college, vocational school, or boarding school, as described in § 67:12:01:21, is included as a household member when determining the need standard to be used. No…