reglab/statecodes huggingface dataset:
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:12 - Assistance payments › Chapter 67:12:01 - Assistance applications and eligibility › Section 67:12:01:66.05 - Department to investigate good cause claims

Current through Register Vol. 51, page 10, July 15, 2024
The department may investigate any good cause claims; however, the
	 department shall investigate all good cause claims based on anticipated
	 physical harm whenever the following circumstances exist:
(1) The claim of physical harm cannot be
  supported by the evidence; and
(2)
  The department believes the claim is credible.
General Authority:
SDCL 28-7-2.
Law Implemented:
SDCL
		28-7-6.
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:12 - Assistance payments › Chapter 67:12:01 - Assistance applications and eligibility › Section 67:12:01:66.06 - Additional evidence may be required

Current through Register Vol. 51, page 10, July 15, 2024
If the department decides to request additional evidence as specified
	 in §
									67:12:01:66.04 to determine good
	 cause, the department shall promptly notify the applicant or recipient and
	 shall specify the types of documents needed. Upon request, the department shall
	 provide advice to the applicant or recipient on how to obtain the documents,
	 and the department shall attempt to obtain documents the applicant or recipient
	 is reasonably unable to obtain without assistance.
General Authority:
SDCL 28-7-2.
Law Implemented:
SDCL
		28-7-6.
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:12 - Assistance payments › Chapter 67:12:01 - Assistance applications and eligibility › Section 67:12:01:66.07 - Departmental contact with absent parent

Current through Register Vol. 51, page 10, July 15, 2024
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 department shall notify the applicant or recipient of
	 its intention to contact the absent parent and shall allow the applicant or
	 recipient to:
(1) Present additional
  information or evidence that good cause exists;
(2) Decide not to receive
  assistance;
(3) Withdraw the good
  cause claim;
(4) Request a hearing;
  or
(5) If the child is not required
  to be a part of the assistance unit according to §
									67:12:01:69, have the child
  removed from the application.
The department shall not contact the absent parent if the applicant or
	 recipient chooses to exercise any of the above options.
General Authority:
SDCL 28-7-2.
Law Implemented:
SDCL
		28-7-6.
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:12 - Assistance payments › Chapter 67:12:01 - Assistance applications and eligibility › Section 67:12:01:66.08 - Department to determine good cause and notify applicant or recipient - Contents of notice

Current through Register Vol. 51, page 10, July 15, 2024
Based on the evidence supplied by the applicant or recipient under
	 §
									67:12:01:66.04 or the department's
	 own investigation as specified in §
									67:12:01:66.05 or a combination of
	 both, the department shall determine whether good cause exists. If the
	 department determines that good cause does not exist, the client shall be
	 notified according to §§
									67:12:02:01 and
	 67:12:02:02. The notice shall
	 afford the client the opportunity to agree in writing to cooperate; withdraw
	 the application; have the case closed; request a hearing; or, if the child is
	 not required to be a part of the assistance unit according to §
									67:12:01:69, have the child
	 removed from the application. The notice shall include a statement that the
	 client's refusal to cooperate will result in ineligibility for
	 assistance.
General Authority:
SDCL 28-7-2.
Law Implemented:
SDCL
		28-7-6.
Cooperation of caretaker relative as a condition of eligibility,
		§
											67:12:01:66.
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:12 - Assistance payments › Chapter 67:12:01 - Assistance applications and eligibility › Section 67:12:01:66.09 - Appeal of good cause determination

Current through Register Vol. 51, page 10, July 15, 2024
If the applicant or recipient disagrees with the department
	 determination arrived at under §
									67:12:01:66.08, the applicant or
	 recipient may appeal the department's determination by requesting a fair
	 hearing under the provisions of chapter 67:17:02.
General Authority:
SDCL 28-7-2.
Law Implemented:
SDCL
		28-7-6.
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:12 - Assistance payments › Chapter 67:12:01 - Assistance applications and eligibility › Section 67:12:01:66.10 - Criteria for basing good cause on emotional harm

Current through Register Vol. 51, page 10, July 15, 2024
A finding of emotional harm shall be determined upon a demonstration of
	 emotional impairment that substantially affects the applicant's or recipient's
	 functioning. The following shall be considered in determining emotional
	 harm:
(1) The present emotional state
  of the applicant or recipient subject to harm;
(2) The emotional health history of the
  applicant or recipient subject to harm;
(3) The intensity and probable duration of
  emotional impairment;
(4) The
  degree of cooperation required as set forth in §
									67:12:01:66; and
(5) The degree of involvement of the
  applicant or recipient in establishing paternity or enforcement
  activity.
General Authority:
SDCL 28-7-2.
Law Implemented:
SDCL
		28-7-6.
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:12 - Assistance payments › Chapter 67:12:01 - Assistance applications and eligibility › Section 67:12:01:66.11 - Biannual redetermination of good cause - Notice of rescindment

Current through Register Vol. 51, page 10, July 15, 2024
The department shall have a biannual review of all approved good cause
	 claims which are established on circumstances subject to change. If the
	 department determines that good cause no longer exists, it shall rescind the
	 original good cause determination and shall notify the recipient of this fact
	 and the reasons for the rescindment. The notice shall afford the client the
	 opportunity to agree in writing to cooperate; have assistance terminated or, if
	 the child is not required to be a part of the assistance unit according to
	 §
									67:12:01:69, remove the specific
	 child from the grant; reestablish the good cause claim; or appeal the
	 department's determination by requesting a fair hearing under chapter
	 67:17:02.
General Authority:
SDCL 28-7-2.
Law Implemented:
SDCL
		28-7-6.
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:12 - Assistance payments › Chapter 67:12:01 - Assistance applications and eligibility › Section 67:12:01:69 - Individuals who must be included in assistance unit

Current through Register Vol. 51, page 10, July 15, 2024
Unless specifically excluded under §
									67:12:05:51, the following
	 individuals must be included in the assistance unit if they live in the same
	 household as the dependent child for whom assistance is being requested or for
	 whom assistance is being received:
(1)
  The parent of the dependent child; and
(2) The dependent child's brothers and
  sisters who except for being needy meet the requirements of SDCL 28-7-1(2).
  This includes blood-related or adoptive brothers and sisters.
General Authority:
SDCL 28-7-2.
Law Implemented:
SDCL 28-7-2, Gorrie v Bowen, 809 F.2d
		508 (8th Cir. 1987).
Individuals excluded from assistance unit -- Nondependent household
		members, §
											67:12:05:51.
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:12 - Assistance payments › Chapter 67:12:01 - Assistance applications and eligibility › Section 67:12:01:70 - Cooperation of applicant or recipient

Current through Register Vol. 51, page 10, July 15, 2024
Refusal on the part of the applicant or recipient to provide the
	 department with the necessary verifications to establish initial or continuing
	 eligibility shall result in the rejection of the initial application or in the
	 termination of present benefits.
General Authority:
SDCL 28-7-2.
Law Implemented:
SDCL
		28-7-2.
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:12 - Assistance payments › Chapter 67:12:01 - Assistance applications and eligibility › Section 67:12:01:71 - Denial of AFDC benefits to strikers

Current through Register Vol. 51, page 10, July 15, 2024
AFDC benefits in the payment month shall be affected if an eligible
	 household member or a nonrecipient parent is participating in a strike on the
	 last day of the payment month. If the participating striker is the parent, the
	 benefits shall be denied to the entire household. If the participating striker
	 is someone other than the parent, only the participating striker's needs will
	 be removed from the AFDC grant unless the participating striker is the only
	 child in the AFDC grant. In this case, benefits shall be denied to the entire
	 household. AFDC eligibility shall not be affected if the participating striker
	 returns to work by the last day of the payment month.
For purposes of this section, parent means that parent with whom the
	 dependent child is living.
General Authority:
SDCL 28-7-2.
Law Implemented:
SDCL
		28-7-2.
Denial of AFDC benefits to strikers,
		45 C.F.R. §
												233.106; Recovery of overpayments, §
											67:12:06:01.
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:12 - Assistance payments › Chapter 67:12:01 - Assistance applications and eligibility › Section 67:12:01:72 - Pregnant women referred to Department of Health

Current through Register Vol. 51, page 10, July 15, 2024
The department shall refer pregnant applicant and recipient women to
	 the Department of Health for the women, infants, and children (WIC) nutrition
	 program and for case management services.
General Authority:
SDCL 28-7-2.
Law Implemented:
SDCL
		28-7-1.
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:12 - Assistance payments › Chapter 67:12:01 - Assistance applications and eligibility › Section 67:12:01:73 - Assistance unit randomly assigned to groups

Current through Register Vol. 51, page 10, July 15, 2024
Beginning May 15, 1994, the department shall randomly assign AFDC
	 assistance units either to the control group or the 1115 waiver group. Once the
	 assistance unit is assigned, the parent caretaker relative remains in the
	 assigned group as long as the parent caretaker relative resides in South Dakota
	 or until notified otherwise by the department.
General Authority:
SDCL 28-7-2.
Law Implemented:
SDCL
		28-7-1.
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:12 - Assistance payments › Chapter 67:12:01 - Assistance applications and eligibility › Section 67:12:01:74 - Eligibility determinations for assigned groups

Current through Register Vol. 51, page 10, July 15, 2024
For a family assigned to the control group, the department determines
	 eligibility and benefit levels according to article 67:12, except for
	 §§
									67:12:05:76,
	 67:12:05:77,
	 67:12:05:78,
	 67:12:05:79,
	 67:12:06:42.01, 67:12:06:42.02,
	 and 67:12:06:43.01, and chapters 67:12:20 and 67:12:21.
For a family assigned to the 1115 waiver group, the department
	 determines eligibility and benefit levels according to article
	 67:12.
General Authority:
SDCL 28-7-2.
Law Implemented:
SDCL
		28-7-1.
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:12 - Assistance payments › Chapter 67:12:01 - Assistance applications and eligibility › Section 67:12:01:75 - Eligibility restrictions for a parent under age 18

Current through Register Vol. 51, page 10, July 15, 2024
Eligibility for a parent who is under age 18 and not married is limited
	 to an individual who meets all of the following criteria:
(1) Is living with a parent, legal guardian,
  or adult relative who meets the requirements of §
									67:12:01:27;
(2) Has a child in the individual's care;
  and
(3) Has completed high school
  or its equivalent or is participating in educational activities directed toward
  the attainment of a high school diploma or its equivalent.
General Authority:
SDCL 28-7-2.
Law Implemented:
SDCL
		28-7-1.
No assistance for teenage parents who do not attend high school or
		other equivalent training program, Pub. L. No. 104-193, § 408(a)(4) (110 Stat. 2135); No assistance for teenage
		parents not living in adult-supervised settings, Pub. L. No. 104-193, § 403 (a)(5) (110 Stat.
		2136).
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:12 - Assistance payments › Chapter 67:12:01 - Assistance applications and eligibility › Section 67:12:01:76 - Exceptions to eligibility requirements for parents under age 18

Current through Register Vol. 51, page 10, July 15, 2024
The department shall waive the requirement contained in subdivision
	 67:12:01:75(1) if one of the following conditions exists:
(1) There is no living adult
  relative;
(2) No living adult
  relatives will allow the minor parent and child to live with them; or
(3) The department determines that it is not
  in the best interests of the minor parent and child to live with an adult
  relative.
The determination made in subdivision (3) of this section is based on
	 evidence such as police reports, physician statements, and school records,
	 which indicates that the minor parent and child would be subjected to serious
	 physical or emotional harm if they were to live with an adult relative.
If the department determines that it is not in the best interests of
	 the minor parent and child to live with an adult relative, the department may
	 require the minor parent and child to live in an adult-supervised living
	 arrangement. The adult-supervised living arrangement must be approved by the
	 department and must provide parenting skills, including child development,
	 family budgeting, and health and nutrition, and other skills to promote the
	 minor parent's long-term economic independence and the well-being of the
	 child.
General Authority:
SDCL 28-7-2.
Law Implemented:
SDCL
		28-7-1.
Exceptions to living arrangements, Pub. L. No. 104-193, § 408(a)(5)(B) (110 Stat.
		2136).
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:12 - Assistance payments › Chapter 67:12:01 - Assistance applications and eligibility › Section 67:12:01:77 - Denial of assistance for fugitive felons and probation and parole violators

Current through Register Vol. 51, page 10, July 15, 2024
An individual is ineligible for assistance under this article if the
	 individual is fleeing to avoid prosecution, custody, or confinement for
	 committing or attempting to commit a felony or for violating a condition of
	 probation or parole.
General Authority:
SDCL 28-7-2.
Law Implemented:
SDCL
		28-7-1.
Denial of assistance for fugitive felons and probation and parole
		violators, Pub. L. No. 104-193, § 408(a)(9) (110 Stat.
		2139).
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:12 - Assistance payments › Chapter 67:12:01 - Assistance applications and eligibility › Section 67:12:01:78 - Denial of assistance for fraudulently misrepresenting place of residence

Current through Register Vol. 51, page 10, July 15, 2024
An individual is ineligible for assistance under this article if the
	 individual is convicted in a federal or state court of having made a fraudulent
	 statement or representation regarding the individual's place of residence in
	 order to receive Medicaid, food stamps, supplemental security income, or
	 benefits under this article from two or more states simultaneously.
The period of ineligibility is ten years and begins with the date of
	 the conviction.
General Authority:
SDCL 28-7-2.
Law Implemented:
SDCL
		28-7-1.
Denial of assistance for ten years to a person found to have
		fraudulently misrepresented residence in order to obtain assistance in two or
		more states, Pub. L. No. 104-193, § 408(a)(8) (110 Stat.
		2138).
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:12 - Assistance payments › Chapter 67:12:01 - Assistance applications and eligibility › Section 67:12:01:79 - Assistance unit ineligible after 60 months

Current through Register Vol. 51, page 10, July 15, 2024
An assistance unit which includes an adult who has received assistance
	 for 60 months is ineligible for assistance under this article. The 60 months do
	 not have to be consecutive and do not begin to count until December
	 1996.
In determining the number of months the adult received assistance, the
	 department shall disregard any months during which the individual was a minor
	 child and not the head of a household or married to the head of the household
	 and any months during which the adult lived on an Indian reservation or in an
	 Alaskan native village if, during the month, at least 1,000 individuals were
	 living on the reservation or in the village and at least 50 percent of the
	 adults living on the reservation or in the village were
	 unemployed.
General Authority:
SDCL 28-7-2.
Law Implemented:
SDCL
		28-7-1.
No assistance for more than five years, Pub. L. No. 104-193, § 408(a)(7) (110 Stat. 2137); Disregard of months of
		assistance received by adult while living on an Indian reservation or in an
		Alaskan native village with 50 percent unemployment, Pub. L. No. 104-193, § 408(a)(7)(D) (110 Stat.
		2138).
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:12 - Assistance payments › Chapter 67:12:02 - Notice to applicants and recipients › Section 67:12:02:01 - Adequate notice to applicants

Current through Register Vol. 51, page 10, July 15, 2024
Adequate notice shall be a written notice to applicants of public
	 assistance and medical care at the time the decision is made approving or
	 rejecting each application. This written notice shall include a statement of
	 what action the agency intends to take, the reasons for the intended agency
	 action, the specific regulations supporting such action, explanation of the
	 individual's right to request a conference and to be represented by others at
	 the conference, the right to and procedure for requesting a fair hearing, the
	 right to be represented by others at the hearing, and the time in which a
	 hearing may be requested. This notice shall also explain the individual's
	 rights under the Civil Rights Act of 1964. Nothing in this section shall be
	 construed as indicating that the department will pay for legal fees for
	 representing applicants at the conferences or hearings held pursuant to this
	 section.
General Authority:
SDCL 28-7-2.
Law Implemented:
SDCL 28-7-9,
		28-7-10.
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:12 - Assistance payments › Chapter 67:12:02 - Notice to applicants and recipients › Section 67:12:02:02 - Requirements for timely and adequate notice

Current through Register Vol. 51, page 10, July 15, 2024
The department shall mail timely and adequate notice to each recipient
	 detailing the reason for a proposed action which may result in termination or
	 reduction of payment or inability to authorize payment. The notice shall inform
	 recipients of any changes in federal or state law requiring automatic grant
	 adjustments for classes of recipients and of a change in the manner or form of
	 payment to a protective, vendor, or two-party payment. This notice shall state
	 the specific rules supporting the action taken and explain the individual's
	 right to request a conference and to be represented by others at the
	 conference, the right to and procedure for requesting a fair hearing, the right
	 to be represented by others at the hearing, and the time in which a hearing may
	 be requested. The department shall mail this timely notice ten days before the
	 date of action, which is the date when the recipient would normally receive an
	 assistance check, or, in the case of a Medicaid recipient, ten days before the
	 intended change would be effective.
In cases of probable fraud, notice of a proposed action which may
	 result in termination or reduction of payment or inability to authorize payment
	 is considered timely if it is mailed at least five days before the action would
	 become effective. This notice shall also explain the circumstances under which
	 assistance may be continued if a hearing is requested. Timely and adequate
	 notice is not required when the recipient of a one-person case has
	 died.
General Authority:
SDCL 28-7-2.
Law Implemented:
SDCL
		28-7-9.
Continuance of aid pending hearing decision, §
											67:12:02:09.
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:12 - Assistance payments › Chapter 67:12:02 - Notice to applicants and recipients › Section 67:12:02:03 - Adequate notice to recipients without timely notice

Current through Register Vol. 51, page 10, July 15, 2024
In the following situations, the department may dispense with timely
	 notice and send an adequate notice as provided in §
									67:12:02:02 no later than the date
	 of action, which is the date when the recipient would normally receive an
	 assistance payments check or, in the case of a Medicaid recipient, the date the
	 intended change would be effective:
(1) The department has factual information
  confirming the death of a recipient or of the AFDC payee when there is no
  relative available to serve as new payee;
(2) The department receives a clear written
  statement signed by a recipient that the recipient no longer wishes assistance
  or that gives information which requires termination or reduction of assistance
  and the recipient has indicated, in writing, that the recipient understands
  that this is the consequence of supplying such information;
(3) The recipient has been admitted or
  committed to an institution, and further payments to that individual do not
  qualify for federal financial participation under the state plan;
(4) The recipient has been placed in skilled
  nursing care, intermediate care, or long-term hospitalization;
(5) The claimant's whereabouts are unknown
  and mail from the department directed to the claimant has been returned by the
  post office indicating no known forwarding address. The department shall mail
  the claimant's check to the claimant if the whereabouts of the claimant become
  known during the payment period covered by a returned check;
(6) A recipient has been accepted for
  assistance in another state and that fact has been established by the South
  Dakota Department of Social Services;
(7) An AFDC child is removed from the home as
  a result of a judicial determination or voluntarily placed in an alternative
  care setting by the child's legal guardian; or
(8) The department takes action because of
  information the recipient furnished in a monthly report or because the
  recipient failed to submit a complete or timely monthly report as required by
  §
									67:12:06:34.
General Authority:
SDCL 28-7-2.
Law Implemented:
SDCL 28-7-9,
		28-7-18.
Alternative care, ch
		67:14:31.
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:12 - Assistance payments › Chapter 67:12:02 - Notice to applicants and recipients › Section 67:12:02:03.01 - Adequate notice to recipients using monthly report form

Current through Register Vol. 51, page 10, July 15, 2024
The department shall send adequate notice as provided in §
									67:12:02:02 when reducing or
	 terminating assistance to the recipient who submits a completed monthly report
	 form and to the recipient who fails to submit a form. The adequate notice must
	 be received by the recipient no later than the date the recipient would
	 normally receive the assistance payment check or, in the case of Medicaid
	 eligibility, before the intended change would become
	 effective.
General Authority:
SDCL 28-7-2.
Law Implemented:
SDCL
		28-7-9.
Completed monthly report form required, §
											67:12:06:34.
How monthly reports are treated and what notices are required,
		45 C.F.R. §
												233.37.
Assistance to be terminated if required report form not received on
		time, §
											67:12:06:37.
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:12 - Assistance payments › Chapter 67:12:02 - Notice to applicants and recipients › Section 67:12:02:04 - Recipient's right to request conference - Time to make request

Current through Register Vol. 51, page 10, July 15, 2024
A recipient whose payment cannot be authorized, whose payment is
	 terminated or reduced, or whose payment is changed in manner or form has the
	 right to have a conference with the staff of the department if the request is
	 made during the 10-day advance written notice period or within 10 days from the
	 date of action. The applicant who has received written notice of the decision
	 made in regard to the applicant's application may also request a conference
	 within 10 days after the written notice has been mailed.
General Authority:
SDCL 28-7-2.
Law Implemented:
SDCL
		28-7-9.
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:12 - Assistance payments › Chapter 67:12:02 - Notice to applicants and recipients › Section 67:12:02:05 - Conference held as soon as possible

Current through Register Vol. 51, page 10, July 15, 2024
Arrangement shall be made for the conference as soon as possible and at
	 least within five working days after the receipt of the
	 request.
General Authority:
SDCL 28-7-2.
Law Implemented:
SDCL
		28-7-9.
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:12 - Assistance payments › Chapter 67:12:02 - Notice to applicants and recipients › Section 67:12:02:06 - Final decision of conference

Current through Register Vol. 51, page 10, July 15, 2024
The applicant or recipient must be advised of the final decision at the
	 end of the conference. If a final decision cannot be made, the conference may
	 be extended until decision is rendered and written notice of final decision
	 delivered to the applicant or recipient at the conclusion. The applicant or
	 recipient has 30 days from the final decision of the conference to request a
	 hearing.
General Authority:
SDCL 28-7-2.
Law Implemented:
SDCL
		28-7-9.
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:12 - Assistance payments › Chapter 67:12:02 - Notice to applicants and recipients › Section 67:12:02:07 - Definition of conference

Current through Register Vol. 51, page 10, July 15, 2024
A conference is an informal meeting with the caseworker or the
	 caseworker's supervisor who was involved in the decision. At the conference,
	 the individual will be given an explanation of the reasons for the proposed
	 action and will be able to present information to show that the proposed action
	 is incorrect. The individual may speak for himself or be represented by legal
	 counsel or by a friend or other spokesman. The department is not responsible
	 for payment of the fees for such representation.
General Authority:
SDCL 28-7-2.
Law Implemented:
SDCL
		28-7-9.
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:12 - Assistance payments › Chapter 67:12:02 - Notice to applicants and recipients › Section 67:12:02:08 - Conference not required before fair hearing

Current through Register Vol. 51, page 10, July 15, 2024
The recipient may request a fair hearing without a conference with
	 agency staff.
General Authority:
SDCL 28-7-2.
Law Implemented:
SDCL
		28-7-10.
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:12 - Assistance payments › Chapter 67:12:02 - Notice to applicants and recipients › Section 67:12:02:09 - Continuance of aid pending hearing decision

Current through Register Vol. 51, page 10, July 15, 2024
If the recipient requests a fair hearing within ten days after the
	 department mails the notice of adverse action, the department shall continue to
	 provide AFDC or aid to dependent foster children without reducing, terminating,
	 suspending, or changing the manner or form of payment until the fair hearing
	 decision is made unless the recipient requests that continued assistance not be
	 paid during that time.
In no case may assistance be continued if any of the following
	 circumstances exist:
(1) The recipient
  fails to submit a completed monthly report if one is required;
(2) The hearing examiner determines at the
  hearing that the sole issue is one of state or federal law or policy and not of
  an incorrect grant computation; or
(3) Pending the hearing decision, the
  recipient's circumstances change in a way that affects the recipient's
  eligibility for or amount of assistance.
Aid continued under this section is subject to recovery by the
	 department if, as a result of the fair hearing, the department's action is
	 upheld.
General Authority:
SDCL 28-1-24.1.
Law Implemented:
SDCL
		28-1-24.1.
Requirements for timely and adequate notice, §
											67:12:02:02.
Department to investigate report -- Notice of action -- Payments made
		pending fair hearing, § 67:12:16:23.
Aid paid pending hearing decision,
		45 C.F.R. §
												205.10
		(a)(7).
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:12 - Assistance payments › Chapter 67:12:02 - Notice to applicants and recipients › Section 67:12:02:10 - Written notice required if aid discontinued pending hearing decision

Current through Register Vol. 51, page 10, July 15, 2024
The department shall promptly inform the claimant in writing if aid to
	 dependent children or aid to dependent foster children assistance will be
	 discontinued pending the hearing decision.
General Authority:
SDCL
		28-1-24.1.
Law Implemented:
SDCL
		28-1-24.1.
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:12 - Assistance payments › Chapter 67:12:02 - Notice to applicants and recipients › Section 67:12:02:11 - Corrective payments

Current through Register Vol. 51, page 10, July 15, 2024
If the hearing decision is favorable to the aid to dependent children
	 or aid to dependent foster children claimant or if the department decides in
	 favor of the claimant before the hearing, the department shall promptly make
	 corrective payments retroactive to the date the incorrect action was taken.
	 Retroactive corrective payments may be made only for the 12 months preceding
	 the month in which the underpayment is discovered.
General Authority:
SDCL
		28-1-24.1.
Law Implemented:
SDCL
		28-1-24.1.
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:12 - Assistance payments › Chapter 67:12:02 - Notice to applicants and recipients › Section 67:12:02:12 - Modification of aid

Current through Register Vol. 51, page 10, July 15, 2024
Nothing contained in the decision precludes the department from
	 modifying the aid to dependent children or aid to dependent foster children
	 grant or other benefits of the appellant after the decision if there are
	 changed conditions.
General Authority:
SDCL
		28-1-24.1.
Law Implemented:
SDCL
		28-1-24.1.
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:12 - Assistance payments › Chapter 67:12:04 - Limitations on real property › Section 67:12:04:01 - Definitions

Current through Register Vol. 51, page 10, July 15, 2024
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 geographic area involved;
(3) "Homestead property," that property
  defined in SDCL
  43-31-2 and
  43-31-3;
(4) "Other real property," real property
  other than that which has the characteristics of homestead property or real
  property held in trust;
(5)
  "Property transferred or assigned," that real or personal property which was at
  one time owned by an applicant or recipient of public assistance or by the
  spouse of the applicant or recipient, if they were living together, but was
  transferred or assigned to another;
(6) "Real property," that property defined in
  SDCL 43-1-3; and
(7) "Real property held in trust," that real
  property to which the federal government has the legal title but which is being
  held for the benefit of Indians and other citizens.
General Authority:
SDCL 28-7-2.
Law Implemented:
SDCL
		28-7-4.
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:12 - Assistance payments › Chapter 67:12:04 - Limitations on real property › Section 67:12:04:01.01 - Classification of real property

Current through Register Vol. 51, page 10, July 15, 2024
For purposes of public assistance, real property shall be classified as
	 homestead property, real property held in trust, and other real
	 property.
General Authority:
SDCL 28-7-2.
Law Implemented:
SDCL
		28-7-4.
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:12 - Assistance payments › Chapter 67:12:04 - Limitations on real property › Section 67:12:04:03 - Home exempt from consideration

Current through Register Vol. 51, page 10, July 15, 2024
The applicant's or recipient's home which is the usual residence of the
	 assistance unit may not be considered when determining eligibility for AFDC. If
	 the applicant or recipient is temporarily absent from the home, the home may be
	 exempted under the following conditions:
(1) The applicant or recipient intends to
  return to the home on a specific date;
(2) The applicant or recipient agrees to
  immediately inform the department when and if the intentions of the applicant
  or recipient to return to the home change; and
(3) The absence will not exceed one year
  unless a longer period of time is specifically authorized by the department.
If the applicant or recipient has two or more homes which are used at
	 different times, the applicant or recipient may claim only one home as the
	 residence.
The residence may not include different lots and tracts unless they are
	 contiguous or consistently or regularly used as part of the
	 residence.
General Authority:
SDCL 28-7-2.
Law Implemented:
SDCL
		28-7-4.
Definitions, §
											67:12:04:01.
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:12 - Assistance payments › Chapter 67:12:04 - Limitations on real property › Section 67:12:04:05 - Real property held in trust affecting eligibility

Current through Register Vol. 51, page 10, July 15, 2024
Ownership of real property held in trust by the United States
	 government shall not affect AFDC eligibility.
General Authority:
SDCL 28-7-2.
Law Implemented:
SDCL
		28-7-4.
Periodic and lease income considered, §
											67:12:05:49.
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:12 - Assistance payments › Chapter 67:12:04 - Limitations on real property › Section 67:12:04:07 - Proceeds from sale of real property held in trust

Current through Register Vol. 51, page 10, July 15, 2024
Proceeds received from the sale of real property held in trust shall be
	 considered as a resource and are subject to the resource limit contained in
	 §
									67:12:05:05 unless they were paid
	 under PL 92-254, PL 93-134, PL 94-114, or PL 94-540.
General Authority:
SDCL 28-7-2.
Law Implemented:
SDCL
		28-7-4.
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:12 - Assistance payments › Chapter 67:12:04 - Limitations on real property › Section 67:12:04:09 - Other real property subject to resource limit

Current through Register Vol. 51, page 10, July 15, 2024
The equity value of other real property is subject to the maximum
	 resource limit contained in §
									67:12:05:05.
General Authority:
SDCL 28-7-2.
Law Implemented:
SDCL
		28-7-4.
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:12 - Assistance payments › Chapter 67:12:04 - Limitations on real property › Section 67:12:04:10 - Other real property to be placed on market

Current through Register Vol. 51, page 10, July 15, 2024
The limitation on ownership in §
									67:12:04:09 may be waived for six
	 months if the other real property is placed on the market. Applications may be
	 approved and assistance paid regardless of the ownership of other real property
	 if the owner or owners sign an agreement to sell the property and to repay the
	 department the amount of assistance received that would not have been received
	 had the property been sold at the beginning of the period. Repayment may not
	 exceed the amount of the net proceeds of the sale.
After signing the agreement, the owner must take immediate action to
	 sell the property. The action to sell must consist of listing the other real
	 property with a reputable and active real estate broker who will use best
	 efforts to find a buyer. Listing the property in the local newspaper is not
	 sufficient. The property must be sold for a reasonable price as determined
	 according to § 67:12:04:10.01. If the property is not sold within the
	 six-month limit or the family becomes ineligible for AFDC, the entire amount of
	 assistance paid during this period is considered an
	 overpayment.
General Authority:
SDCL 28-7-2.
Law Implemented:
SDCL
		28-7-4.
Exclusion of other real property,
		45 C.F.R. §
												233.20
		(a)(3)(i)(B)(5).
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:12 - Assistance payments › Chapter 67:12:04 - Limitations on real property › Section 67:12:04:10.01 - Determining value of other real property - Responsibility of applicant or recipient

Current through Register Vol. 51, page 10, July 15, 2024
An AFDC applicant or recipient must provide evidence to the department
	 of the value of other real property which the applicant or recipient owns or in
	 which the applicant or recipient has an interest. Evidence consists of the
	 following:
(1) The fair market value
  as determined by a real estate appraiser;
(2) The fair market value as determined by a
  BIA realty office;
(3) The fair
  market value as determined from an average of three estimates from individuals,
  other than the applicant or recipient, familiar with and able to place a value
  on the property;
(4) The fair
  market value as determined by a bank or savings and loan official; or
(5) The fair market value as determined by
  the Farmers Home Administration; and
(6) A list of current encumbrances of record
  against the property.
Evidence submitted under this section may be verified by the
	 department.
General Authority:
SDCL 28-7-2.
Law Implemented:
SDCL
		28-7-4.
Cooperation of applicant or recipient, §
											67:12:01:70; Applicant to provide
		information promptly, §
											67:12:01:06.01.
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:12 - Assistance payments › Chapter 67:12:04 - Limitations on real property › Section 67:12:04:10.02 - Department reserves right to obtain independent valuation

Current through Register Vol. 51, page 10, July 15, 2024
The department shall accept the evidence of the fair market value
	 submitted by the applicant or recipient unless the fair market value is
	 obviously too high or too low. If, in the department's opinion, the fair market
	 value submitted by the applicant or recipient is obviously too high or too low,
	 the department may obtain an independent fair market valuation of the property.
	 The department's fair market valuation shall be used when determining equity
	 value.
If discrepancies exist between the list of encumbrances obtained by the
	 department and the list submitted by the applicant or recipient, the
	 department's list of encumbrances shall be used when determining equity
	 value.
General Authority:
SDCL 28-7-2.
Law Implemented:
SDCL
		28-7-4.
Determining value of other real property -- Responsibility of
		applicant or recipient, §
											67:12:04:10.01.
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:12 - Assistance payments › Chapter 67:12:04 - Limitations on real property › Section 67:12:04:13 - Property transferred, sold, or assigned by applicant

Current through Register Vol. 51, page 10, July 15, 2024
The department shall determine an applicant to be ineligible for
	 assistance if it can clearly be shown that the applicant's intent in
	 transferring, selling, or assigning real or personal property with or without
	 reservations was to render the applicant eligible for assistance. In
	 determining the applicant's intent in making the transfer, sale, or assignment
	 of real or personal property the department shall consider the following
	 factors:
(1) The time period between
  the applicant's transfer, sale, or assignment of real or personal property and
  the time of the application for assistance; and
(2) Any information which would indicate that
  the applicant made the transfer, sale, or assignment with the intent of
  rendering the applicant eligible for assistance.
Any legal reservation retained by the applicant in the transfer, sale,
	 or assignment of real or personal property, such as life estates, interest
	 payments, rental payments, or installment payments, is subject to the real
	 property limitations of chapter 67:12:04 and income limitations of chapter
	 67:12:05.
General Authority:
SDCL 28-7-2.
Law Implemented:
SDCL
		28-7-4.
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:12 - Assistance payments › Chapter 67:12:04 - Limitations on real property › Section 67:12:04:17 - Full and adequate consideration in money or money's worth for property transferred

Current through Register Vol. 51, page 10, July 15, 2024
Any item or service which is received for the property shall be
	 accepted as being within the meaning of the phrase "full and adequate
	 consideration in money or money's worth" as long as the value of the item or
	 service equals the reasonable market value of the property transferred or
	 assigned. When it appears property has been transferred or assigned without
	 full and adequate consideration, the fair market value, determined according to
	 §
									67:12:04:10.01, less encumbrances
	 of record, shall be used in determining if the recipient received the full and
	 adequate consideration in money or money's worth.
General Authority:
SDCL 28-7-2.
Law Implemented:
SDCL
		28-7-4.
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:12 - Assistance payments › Chapter 67:12:04 - Limitations on real property › Section 67:12:04:20 - Periods of ineligibility

Current through Register Vol. 51, page 10, July 15, 2024
The department shall close the case or deny assistance to a recipient
	 or applicant who fails or refuses to disclose the consideration or absence of
	 consideration in the sale, transfer, or assignment of property or who fails to
	 disclose the receipt of a resource. The applicant or recipient remains
	 ineligible for assistance until the requirements of §
									67:12:05:59 have been met. Section
	 67:12:05:59 applies when determining periods of ineligibility in the following
	 situations:
(1) The recipient who had
  previously failed or refused to provide a full disclosure to the
  department;
(2) An applicant who
  has transferred, sold, or assigned property to become eligible for assistance;
  or
(3) A recipient who has received
  money or should have received money from the sale, transfer, or assignment of
  property.
General Authority:
SDCL 28-7-2.
Law Implemented:
SDCL
		28-7-4.
Full and adequate consideration in money or money's worth of
		property transferred, §
											67:12:04:17; Determining periods
		of ineligibility, §
											67:12:04:21.
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:12 - Assistance payments › Chapter 67:12:04 - Limitations on real property › Section 67:12:04:21 - Determining periods of ineligibility

Current through Register Vol. 51, page 10, July 15, 2024
The period of ineligibility shall be determined according to §
									67:12:05:59 by including as income
	 the market value received or the appraised market value of the property
	 transferred, assigned, or sold.
General Authority:
SDCL 28-7-2.
Law Implemented:
SDCL
		28-7-4.
Treatment of lump sum income, §
											67:12:05:59.
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:12 - Assistance payments › Chapter 67:12:04 - Limitations on real property › Section 67:12:04:25 - Date to begin charge-off computation to determine length of ineligibility

Current through Register Vol. 51, page 10, July 15, 2024
The date to begin the charge-off computation to determine length of
	 ineligibility is as follows:
(1) For
  an applicant who transferred, sold, or assigned property for the purpose of
  becoming eligible for AFDC, the date to begin charge-off computations to
  determine length of ineligibility is the month when the instrument evidencing a
  transfer or assignment was delivered. If the date of delivery cannot be
  determined, the department shall consider the month when the instrument was
  recorded or filed to be the month of the transfer or assignment; or
(2) For a recipient who transferred, sold, or
  assigned property, the date to begin the charge-off computation to determine
  length of ineligibility shall be computed forward from the date that
  ineligibility was determined and is not retroactive to the date of transfer or
  receipt of the resources.
General Authority:
SDCL 28-7-2.
Law Implemented:
SDCL
		28-7-4.
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:12 - Assistance payments › Chapter 67:12:05 - Limitations on personal property › Section 67:12:05:01 - Definitions

Current through Register Vol. 51, page 10, July 15, 2024
Terms used in this chapter mean:
(1) "Earned income," for an employed
  applicant or recipient income in cash or in kind, before deductions such as
  income taxes, social security taxes, insurance premiums, or savings bonds,
  earned by an applicant or recipient through the receipt of wages, salary,
  commissions, or fees; for a self-employed individual, that income remaining
  after deducting the business expenses allowed in §
									67:12:05:12;
(2) "Encumbrance," a claim, lien, charge,
  legal debt, chattel mortgage, or liability of record attached to and binding
  real property, personal property, or real and personal property;
(3) "Equity value," the current fair market
  value minus encumbrances of record as of the date of evaluation;
(4) "Fair market value," the price an item of
  a particular make, model, size, material, or condition will sell for on the
  open market in the geographic area involved;
(5) "Liquid assets," cash on hand, plus
  tangible or intangible personal property as defined in SDCL
  43-1-3 which can be readily
  converted into cash within 30 days, such as bank accounts, current value of
  securities, burial funds, loan value of insurance policies, and collectible
  debts;
(6) "Personal property,"
  personal property as defined in SDCL
  43-1-2 and
  43-1-3. For purposes of public
  assistance, personal property is divided into liquid assets, tangible personal
  property, deductible income, and other benefits and earned income;
  and
(7) "Tangible personal
  property," as defined in SDCL
  43-1-3, including such items as
  livestock, farm implements, and automobiles.
General Authority:
SDCL 28-7-2.
Law Implemented:
SDCL
		28-7-4.