reglab/statecodes huggingface dataset:
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:12 - Assistance payments › Chapter 67:12:05 - Limitations on personal property › Section 67:12:05:65 - Indian judgment funds pursuant to Pub. L. No. 93-134

Current through Register Vol. 51, page 10, July 15, 2024
The per capita payments of Indian judgment funds made pursuant to the
	 provisions of Pub. L. No. 93-134 shall be excluded as income or resources when
	 determining the extent of eligibility for assistance. Payments received by the
	 member as a result of the investment of the per capita judgment funds shall be
	 considered income.
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 67:12:05:66 - Exclusion of payments received pursuant to Alaska Native Claims Settlement Act

Current through Register Vol. 51, page 10, July 15, 2024
Payments under the Alaska Native Claims Settlement Act,
	 43 U.S.C. §
										1601, which are exempt from taxation under
	 43 U.S.C. §
										1620 shall be excluded as income in
	 determining the eligibility for or the amount of assistance payment. Income
	 which is not exempted from taxation under the Alaska Native Claims Settlement
	 Act shall be considered to the same extent as any other income. Payments
	 received by the member as a result of the investment of funds under this Act
	 shall be considered income.
General Authority:
SDCL 28-7-2.
Law Implemented:
SDCL 28-7-4,
		43 U.S.C. §§
												1601,
		1620.
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:12 - Assistance payments › Chapter 67:12:05 - Limitations on personal property › Section 67:12:05:71 - Exclusion of payments received as volunteer under Title I (VISTA)

Current through Register Vol. 51, page 10, July 15, 2024
Payments received as a volunteer under Title I (VISTA) of Pub. L. No.
	 93-113 shall be excluded in determining AFDC eligibility and the amount of AFDC
	 payment.
General Authority:
SDCL 28-7-2.
Law Implemented:
SDCL
		28-7-4.
Disregard of income common to AFDC, 45 C.F.R. § 233.209
		(a)(4)(ii)(h).
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:12 - Assistance payments › Chapter 67:12:05 - Limitations on personal property › Section 67:12:05:72 - Exclusion of value of supplemental food assistance

Current through Register Vol. 51, page 10, July 15, 2024
The value of supplemental food assistance under the Child Nutrition Act
	 of 1966, as amended, and the special food service program for children under
	 the National School Lunch Act, as amended, shall be excluded in determining
	 AFDC eligibility and the amount of AFDC payment.
General Authority:
SDCL 28-7-2.
Law Implemented:
SDCL
		28-7-4.
Child Nutrition Act, Pub. L. No. 92-433 (September 26, 1972),
		42 U.S.C. §
												1774.
National School Lunch Act, Pub. L. No. 93-150 (June 30, 1974),
		42 U.S.C. §
												1752.
Disregard of income common to AFDC,
		45 C.F.R. §
												233.20
		(a)(4)(ii)(i).
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:12 - Assistance payments › Chapter 67:12:05 - Limitations on personal property › Section 67:12:05:73 - Payments received as volunteer under Titles II and III

Current through Register Vol. 51, page 10, July 15, 2024
Payments received as a volunteer in the Service Corps of Retired
	 Executives (SCORE), the Active Corps of Executives (ACE) or any other program
	 under Title II or Title III shall be excluded in determining AFDC eligibility
	 and the amount of AFDC payment.
General Authority:
SDCL 28-7-2.
Law Implemented:
SDCL
		28-7-4.
Disregard of income common to AFDC,
		45 C.F.R. §
												233.20
		(a)(4)(ii)(g).
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:12 - Assistance payments › Chapter 67:12:05 - Limitations on personal property › Section 67:12:05:74 - Exclusion of dependent child's income received from JTPA summer youth program

Current through Register Vol. 51, page 10, July 15, 2024
A dependent child's income received as a result of participating in the
	 JTPA summer youth program is excluded when determining eligibility for and the
	 amount of AFDC benefits. This exclusion is limited to six months a calendar
	 year.
General Authority:
SDCL 28-7-2.
Law Implemented:
SDCL
		28-7-4.
Disregard of income and resources applicable only to AFDC,
		45 C.F.R. §
												233.20 (a)(11)(v); Disregard
		of income earned under JTPA, 45 C.F.R. §
												233.20
		(a)(3)
		(xvii)(B).
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:12 - Assistance payments › Chapter 67:12:05 - Limitations on personal property › Section 67:12:05:75 - Exclusion of agent orange settlement payments

Current through Register Vol. 51, page 10, July 15, 2024
Payments received pursuant to the agent orange product liability
	 settlement are excluded when determining AFDC eligibility and the amount of the
	 AFDC assistance payment.
General Authority:
SDCL 28-7-2.
Law Implemented:
SDCL
		28-7-4.
Pub. L. No. 101-201; Pub. L. No. 101-239.
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:12 - Assistance payments › Chapter 67:12:05 - Limitations on personal property › Section 67:12:05:76 - Exclusion of vehicle owned by dependent child

Current through Register Vol. 51, page 10, July 15, 2024
The trade-in value of a vehicle owned by a dependent child is excluded
	 from the resource limit if all of the following requirements are met:
(1) The household has been assigned to the
  1115 waiver group under the provisions of §
									67:12:01:73;
(2) The trade-in value does not exceed
  $2,500;
(3) The child who owns the
  vehicle is at least 14 years old;
(4) The child is at least a part-time
  student;
(5) The child is employed
  at least part-time or has been employed at least part-time in the preceding 12
  months;
(6) The vehicle is owned
  solely by the child or is owned jointly by the child and the child's caretaker
  or another adult relative; and
(7)
  A portion of the payment for the car comes from the child's earnings.
This exclusion is limited to one vehicle for each qualifying dependent
	 child.
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 67:12:05 - Limitations on personal property › Section 67:12:05:77 - Exclusion of savings account owned by dependent child

Current through Register Vol. 51, page 10, July 15, 2024
One or more savings accounts with a cumulative balance of $1,000 or
	 less is excluded as a liquid asset if all of the following requirements are
	 met:
(1) The assistance unit has been
  assigned to the 1115 waiver group under the provisions of §
									67:12:01:73;
(2) The excluded account is owned solely by
  the dependent child or the child owns the savings account jointly with the
  caretaker or another adult relative;
(3) The child is at least a part-time
  student;
(4) The child is employed
  at least part-time or has been employed at least part-time in the preceding 12
  months; and
(5) A portion of the
  account was derived from the child's earnings.
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 67:12:05 - Limitations on personal property › Section 67:12:05:78 - Interest from child's savings account excluded

Current through Register Vol. 51, page 10, July 15, 2024
The department excludes interest earned on a child's savings account if
	 the requirements of §
									67:12:05:77 are
	 met.
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 67:12:05 - Limitations on personal property › Section 67:12:05:79 - Exclusion of dependent child's earnings

Current through Register Vol. 51, page 10, July 15, 2024
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
	 assigned to the 1115 waiver group under the provisions of §
									67:12:01:73.
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 67:12:06 - Budgeting › Section 67:12:06:00 - Definitions

Current through Register Vol. 51, page 10, July 15, 2024
Words used in this chapter have the following meanings unless
	 specifically indicated otherwise:
(1)
  "Need standard," the amount recognized by the department as meeting an
  assistance unit's basic living needs, such as shelter, utilities, food,
  clothing, household items, and personal care items and, if applicable, day care
  costs pursuant to §
									67:12:15:02;
(2) "Dependent living arrangement," that
  situation which exists when 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 a recipient of SSI or when a member of the assistance
  unit has a landlord-tenant agreement but is not expected to contribute
  monetarily toward rent;
(3)
  "Independent living arrangement," that situation which exists when a member of
  the assistance unit or a caretaker relative who is an SSI recipient has a
  landlord-tenant agreement and contributes or expects to contribute monetarily
  toward rent or when a member of the assistance unit or a caretaker relative who
  is an SSI recipient has homeowner's expenses;
(4) "Homeowner's expenses," those costs
  associated with residing in a home owned by the assistance unit or a caretaker
  relative who is an SSI recipient, such as mortgage payments, heat, lights, real
  estate taxes, insurance, trailer parking fees, and general
  maintenance;
(5) "Lodging
  expenses," those costs associated with residing in a home not owned by the
  assistance unit or a caretaker relative who is an SSI recipient, such as rent,
  heat, lights, and trailer parking fees;
(6) "In-kind" or "In-kind shelter," for an
  assistance unit in a dependent living arrangement, those lodging expenses
  provided in the assistance unit's behalf at no cost to the assistance
  unit;
(7) "Rental subsidy," for an
  assistance unit in an independent living arrangement, the difference between
  the amount the tenant pays for rent and the amount the department of housing
  and urban development or the farmers home administration determines to be the
  rent or operating costs for a particular rental unit; and
(8) "Landlord-tenant agreement," a bona fide
  agreement between a landlord and a tenant who do not reside in the same
  household in which the landlord gives the tenant temporary possession and use
  of real property for a specified sum of money and the tenant agrees to return
  the property to the landlord at a future time.
General Authority:
SDCL 28-7-2.
Law Implemented:
SDCL
		28-7-4,
		28-7-9.
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:12 - Assistance payments › Chapter 67:12:06 - Budgeting › Section 67:12:06:01 - Recovery of overpayments

Current through Register Vol. 51, page 10, July 15, 2024
The department shall recover overpayments as soon as possible through
	 restitution by the individual or recovered through recoupment by reducing the
	 amount of the AFDC grant. The reduced grant combined with other income and
	 liquid resources may not be less than 90 percent of the need standard for the
	 assistance unit.
An overpayment results when a recipient receives a larger AFDC
	 allotment than the recipient is entitled to receive. For recovery purposes,
	 overpayments may result when any of the following occur:
(1) The recipient fails to report a change in
  the household's circumstances;
(2)
  The recipient reports a change in the household's circumstances but the change
  is reported incorrectly;
(3) The
  department fails to react to a reported change in circumstances; or
(4) There is a change in the household's
  circumstances after the AFDC payment is made.
General Authority:
SDCL 28-7-2.
Law Implemented:
SDCL 28-7-4,
		28-7-9.
Recovery of overpayments and correction of underpayments for AFDC,
		45 C.F.R. §
												233.20
		(a)(13).
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:12 - Assistance payments › Chapter 67:12:06 - Budgeting › Section 67:12:06:01.06 - Recovery of overpayment to alien

Current through Register Vol. 51, page 10, July 15, 2024
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 shall recover the overpayment according to §
									67:12:06:01. The sponsor and the
	 alien are jointly and severally liable for the repayment.
General Authority:
SDCL 28-7-2.
Law Implemented:
SDCL 28-7-4,
		28-7-9.
Deeming of sponsor's income and resources to alien when sponsor is an
		individual -- Cooperation of sponsor is condition of eligibility, §
											67:12:01:14.01.
Aliens exempt from deeming, §
											67:12:01:14.02.
Overpayment to aliens,
		45 C.F.R. §
												233.52.
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:12 - Assistance payments › Chapter 67:12:06 - Budgeting › Section 67:12:06:02 - Correction of underpayments

Current through Register Vol. 51, page 10, July 15, 2024
Corrections of underpayments shall be made by the department as soon as
	 possible. The amount of a retroactive payment made to a recipient shall not be
	 considered as income or a resource in the month paid or in the following month;
	 however, the retroactive payment or any balance remaining shall be considered
	 in the determination of the continuing eligibility of the recipient in the
	 succeeding months.
General Authority:
SDCL 28-7-2.
Law Implemented:
SDCL 28-7-4,
		28-7-9.
Recovery of overpayments and correction of underpayments for AFDC,
		45 C.F.R. §
												233.20
		(a)(13).
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:12 - Assistance payments › Chapter 67:12:06 - Budgeting › Section 67:12:06:03 - Financial eligibility - Gross income limit

Current through Register Vol. 51, page 10, July 15, 2024
There is no financial eligibility when the assistance unit's
	 nonexcluded income, without application of disregards in §§
									67:12:05:14,
	 67:12:05:18,
	 67:12:05:21, and subdivisions
	 67:12:05:38(2) and (3), exceeds 185 percent of the need standard for the
	 assistance unit.
General Authority:
SDCL 28-7-2.
Law Implemented:
SDCL 28-7-4,
		28-7-9.
Need standard, §
											67:12:06:04.01; Need and amount of
		assistance -- Income and resources,
		45 C.F.R. §
												233.20 (a)(3)
		(xiii).
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:12 - Assistance payments › Chapter 67:12:06 - Budgeting › Section 67:12:06:04.01 - Need standard

Current through Register Vol. 51, page 10, July 15, 2024
Based on the number of members in the assistance unit and the unit's
	 living arrangement, the need standard amounts are as follows:
UNIT SIZE
INDEPENDENT LIVING
DEPENDENT LIVING
1 person
$ 358
$ 204
2 persons
448
295
3 persons
507
354
4 persons
563
412
5 persons
622
470
6 persons
680
528
7 persons
738
587
8 persons
795
643
9 persons
852
701
10 persons
910
758
11 persons
968
816
12 persons
1,026
872
13 persons
1,083
931
14 persons
1,140
988
15 persons
1,198
1,047
16 persons
1,256
1,103
17 persons
1,312
1,160
18 persons
1,370
1,218
19 persons
1,428
1,275
20 persons
1,486
1,332
21 persons
1,543
1,390
22 persons
1,599
1,448
23 persons
1,658
1,505
24 persons
1,715
1,562
25 persons
1,772
1,620
General Authority:
SDCL 28-7-2.
Law Implemented:
SDCL
		28-7-4,
		28-7-9.
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:12 - Assistance payments › Chapter 67:12:06 - Budgeting › Section 67:12:06:07 - Allowances for child attending college, vocational, or boarding school

Current through Register Vol. 51, page 10, July 15, 2024
An otherwise eligible child who regularly attends a college, vocational
	 school, or boarding school, as defined in §
									67:12:01:21, and is at or away
	 from home shall be included as a household member when figuring the need
	 standard to be used. No additional allowance for these educational arrangements
	 may be authorized.
General Authority:
SDCL 28-7-2.
Law Implemented:
SDCL
		28-7-4,
		28-7-9.
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:12 - Assistance payments › Chapter 67:12:06 - Budgeting › Section 67:12:06:12 - In-kind shelter considered unearned income - Dependent living arrangement

Current through Register Vol. 51, page 10, July 15, 2024
In computing the AFDC grant, a standard amount of $112 is considered as
	 unearned income to an assistance unit in a dependent living arrangement when
	 all of the assistance unit's lodging expenses are being supplied in
	 kind.
General Authority:
SDCL 28-7-2.
Law Implemented:
SDCL
		28-7-4,
		28-7-9.
Lodging expenses presumed in-kind, §
											67:12:06:14.
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:12 - Assistance payments › Chapter 67:12:06 - Budgeting › Section 67:12:06:12.01 and 67:12:06:12.02 - Shelter allowance for applicants or recipients who reside in household of self-supporting or nonrecipient individual.Repealed

Current through Register Vol. 51, page 10, July 15, 2024
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:12 - Assistance payments › Chapter 67:12:06 - Budgeting › Section 67:12:06:12.03 - Need standard when nonrecipient individual resides in household of applicant or recipient

Current through Register Vol. 51, page 10, July 15, 2024
If a nonrecipient resides in the household of an applicant or
	 recipient, the need standard for the assistance unit shall be determined
	 without additional allowances for the nonrecipient members.
General Authority:
SDCL 28-7-2.
Law Implemented:
SDCL
		28-7-4,
		28-7-9.
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:12 - Assistance payments › Chapter 67:12:06 - Budgeting › Section 67:12:06:13 - Rental subsidy considered unearned income - Independent living arrangements

Current through Register Vol. 51, page 10, July 15, 2024
In computing the AFDC grant, an amount up to $150 but not exceeding the
	 assistance unit's average monthly rental subsidy is considered as unearned
	 income when the assistance unit lives in an independent living arrangement and
	 has benefit of a rental subsidy.
General Authority:
SDCL 28-7-2.
Law Implemented:
SDCL
		28-7-4,
		28-7-9.
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:12 - Assistance payments › Chapter 67:12:06 - Budgeting › Section 67:12:06:14 - Lodging expenses presumed in-kind

Current through Register Vol. 51, page 10, July 15, 2024
In computing the AFDC grant, the lodging expenses of an assistance unit
	 in a dependent living arrangement is presumed to be furnished in kind unless
	 the assistance unit can provide documentation to show that it participates in
	 meeting those costs.
Based on the documentation submitted, if the department determines that
	 the assistance unit is participating in meeting the lodging expenses, the
	 assistance unit will not be subject to the unearned income standard in §
									67:12:06:12.
General Authority:
SDCL 28-7-2.
Law Implemented:
SDCL
		28-7-4,
		28-7-9.
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:12 - Assistance payments › Chapter 67:12:06 - Budgeting › Section 67:12:06:26 - Amount of assistance grant - Limitation

Current through Register Vol. 51, page 10, July 15, 2024
The amount of assistance which can be paid to an assistance unit is
	 derived by the following computation:
(1) Add the earned and unearned income and
  other benefits available to or received by the assistance unit, except
  unemployment compensation and disregarded and excluded income;
(2) Subtract the sum from the need standard
  specified in §
									67:12:06:04.01;
(3) Multiply the remainder by 85
  percent;
(4) Round the resulting
  figure down to the nearest dollar; and
(5) Subtract unemployment compensation.
No payment may be made to a recipient in any month in which the amount
	 of the assistance payment, not considering recoupment amounts, is less than
	 $10. Those recipients denied solely because of this limitation shall be
	 considered AFDC recipients for all other purposes.
General Authority:
SDCL 28-7-2.
Law Implemented:
SDCL 28-7-4,
		28-7-9.
Assistance applications and eligibility, ch 67:12:01.
Limitations on real property, ch 67:12:04.
Limitations on personal property, ch 67:12:05.
Budgeting, ch 67:12:06.
Determining financial eligibility and amount of the assistance
		payment, 45 C.F.R. §
												233.20
		(a)(3)(ii)(B).
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:12 - Assistance payments › Chapter 67:12:06 - Budgeting › Section 67:12:06:27 - Unrestricted payments

Current through Register Vol. 51, page 10, July 15, 2024
The department shall make payments without direction on the warrant,
	 without a letter or agreement as a condition of receiving the payment, or
	 without any other notification that the recipient must use the money in a
	 specified way or for specified purposes. The following conditions are construed
	 as restrictions on payments:
(1)
  Directing that all or part of the assistance payments must be applied to
  specific bills or for the purchase of specified foods or services;
(2) Requiring that the recipient submit
  receipts for the purpose of showing how the recipient spent all or any part of
  the assistance payments;
(3)
  Requiring the return to or deposit of all or part of the AFDC payments for use
  in a designated way by the department; and
(4) Providing service to recipient's
  creditors, such as assisting them in the collection of the recipient's debt.
The department shall inform the client of the client's rights to an
	 unrestricted payment.
General Authority:
SDCL 28-7-2.
Law Implemented:
SDCL
		28-7-4,
		28-7-9.
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:12 - Assistance payments › Chapter 67:12:06 - Budgeting › Section 67:12:06:32 - Notification by recipient to initiate procedure for writing duplicate warrant

Current through Register Vol. 51, page 10, July 15, 2024
To initiate the procedure for writing a duplicate warrant if a warrant
	 is lost, stolen, or forged, the recipient must notify the department of the
	 nonreceipt of a warrant within 10 days from the department's established
	 mailing dates and the normal time required for postal delivery to the
	 recipient's locality.
General Authority:
SDCL 28-7-2.
Law Implemented:
SDCL
		28-7-12.
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:12 - Assistance payments › Chapter 67:12:06 - Budgeting › Section 67:12:06:33 - Definitions

Current through Register Vol. 51, page 10, July 15, 2024
Terms used in this chapter mean:
(1) "Prospective budgeting," the method of
  computing the amount of AFDC assistance for a payment month based on the
  caseworker's best estimate of income and circumstances which will exist in that
  month;
(2) "Prospective
  eligibility," the determination of a client's eligibility for AFDC based on the
  caseworker's best estimate of income and circumstances which will exist in that
  month;
(3) "Retrospective budgeting
  of income," the method of computing the amount of AFDC assistance for a payment
  month based on actual income which existed in a previous month, which is the
  budget month;
(4) "Retrospective
  budget month," the fifteenth of one month through the fourteenth of the
  following month;
(5) "Prospective
  budget month," a calendar month;
(6) "To make an assistance payment," to
  deposit in the United States mail or to hand deliver the assistance payments
  check to the recipient; and
(7)
  "Payment month for retrospective budgeting," the calendar month for which the
  AFDC payment is made. The payment month for retrospective budgeting immediately
  follows the retrospective budget month.
General Authority:
SDCL 28-7-2.
Law Implemented:
SDCL 28-7-4,
		28-7-9.
Definitions, 45
		C.F.R. §
												233.21
		(b).
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:12 - Assistance payments › Chapter 67:12:06 - Budgeting › Section 67:12:06:34 - Completed monthly report form required

Current through Register Vol. 51, page 10, July 15, 2024
The department shall furnish each assistance unit with a monthly report
	 form which shall be filled out, signed, and returned to the department or
	 postmarked by the twentieth of the month before the month of payment. The
	 monthly report form contains the information necessary to allow the caseworker
	 to determine eligibility and compute the amount of assistance
	 payment.
General Authority:
SDCL 28-7-2.
Law Implemented:
SDCL 28-7-4,
		28-7-9.
Monthly reporting, 45 C.F.R. §
												233.36.
Adequate notice to recipients using monthly report form, §
											67:12:02:03.01.
Recipient to report change of circumstances, §
											67:12:01:12.
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:12 - Assistance payments › Chapter 67:12:06 - Budgeting › Section 67:12:06:34.01 - Assistance units exempt from monthly reporting

Current through Register Vol. 51, page 10, July 15, 2024
An assistance unit is exempt from the monthly reporting requirements
	 contained in §
									67:12:06:34 if it meets all of the
	 following criteria:
(1) The caretaker
  relative is not a member of the assistance unit and is not currently sanctioned
  for not cooperating with the department;
(2) The members have no earned income and
  have not received any earned income in the past two months; and
(3) If receiving food stamps, the unit is
  exempt from monthly reporting under § 67:23:03:08.
General Authority:
SDCL 28-7-2.
Law Implemented:
SDCL
		28-7-4,
		28-7-9.
Recipient to report change in circumstances, §
											67:12:01:12.
Cooperation of applicant or recipient, §
											67:12:01:70.
Households exempt from monthly reporting, §
											67:13:03:08.
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:12 - Assistance payments › Chapter 67:12:06 - Budgeting › Section 67:12:06:35 and 67:12:06:36 - Assistance payment made within 25 days from close of retrospective budget month.Repealed

Current through Register Vol. 51, page 10, July 15, 2024
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:12 - Assistance payments › Chapter 67:12:06 - Budgeting › Section 67:12:06:37 - Assistance to be terminated if required report form not received on time

Current through Register Vol. 51, page 10, July 15, 2024
If the department does not receive the required report form from the
	 recipient by the date specified in §
									67:12:06:34, the department shall
	 terminate assistance and notify the recipient according to §
									67:12:02:03.01. If the recipient
	 notifies the department to reclaim a need for assistance and files a completed
	 report within 10 days after the notice, assistance shall be reinstated subject
	 to penalty, as specified in § 67:12:06:37.01, provided the recipient is
	 still eligible.
General Authority:
SDCL 28-7-2.
Law Implemented:
SDCL 28-7-4,
		28-7-9.
Adequate notice to recipients using monthly report form, §
											67:12:02:03.01.
Action necessary due to non-receipt of report form,
		45 C.F.R. §
												233.29 (c).
Completed monthly report not received by agency,
		45 C.F.R. §
												233.37
		(b).
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:12 - Assistance payments › Chapter 67:12:06 - Budgeting › Section 67:12:06:37.01 - Penalty for late filing of monthly report

Current through Register Vol. 51, page 10, July 15, 2024
If the caretaker relative fails, without good cause, to report earned
	 income on the monthly report form by the date specified in §
									67:12:06:34, the department shall
	 determine eligibility and compute the amount of assistance without benefit of
	 the disregards in §§
									67:12:05:14,
	 67:12:05:18, and 67:12:05:21. In
	 addition, when earned income is present, the disregard in §
									67:12:05:14 shall be counted as
	 one of the four consecutive months in the limitation specified in subdivision
	 67:12:05:34(4).
General Authority:
SDCL 28-7-2.
Law Implemented:
SDCL 28-7-4,
		28-7-9.
Completed monthly report received but not timely,
		45 C.F.R. §
												233.20 (a)(11)(iii)(C); Good
		cause for late filing of monthly report, §
											67:12:06:37.02.
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:12 - Assistance payments › Chapter 67:12:06 - Budgeting › Section 67:12:06:37.02 - Good cause for late filing of monthly report

Current through Register Vol. 51, page 10, July 15, 2024
The department shall consider the applicant's transition into a
	 reporting cycle and those circumstances which are beyond the recipient's
	 control as good cause for late filing of the monthly report. Examples of these
	 circumstances include weather conditions, mailing problems, and the recipient's
	 indisposition for health reasons. If the recipient can verify good cause, the
	 assistance shall not be affected.
General Authority:
SDCL 28-7-2.
Law Implemented:
SDCL
		28-7-4,
		28-7-9.
Good cause for failing to make a timely report, 45 C.F.R. §
		33.20 (a)(11)(iii)(C).
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:12 - Assistance payments › Chapter 67:12:06 - Budgeting › Section 67:12:06:38 - Computing assistance payment and determining eligibility in initial month of assistance for applicant or former recipient

Current through Register Vol. 51, page 10, July 15, 2024
The department shall determine eligibility for AFDC assistance for an
	 applicant or a former recipient and compute the assistance payment
	 prospectively in the initial month of assistance.
If a former recipient requests an assistance payment in the same month
	 in which the former recipient was determined to be ineligible and the case
	 subsequently terminated, the provisions of §§
									67:12:06:39 and
	 67:12:06:41
	 apply.
General Authority:
SDCL 28-7-2.
Law Implemented:
SDCL 28-7-4,
		28-7-9.
Determining eligibility and computing the assistance payment in the
		initial one or two months, 45 C.F.R. §
												233.24
		(a); Determination of initial month's
		benefits, § 67:12:06:38.01.
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:12 - Assistance payments › Chapter 67:12:06 - Budgeting › Section 67:12:06:38.01 - Determination of initial month's benefits

Current through Register Vol. 51, page 10, July 15, 2024
Effective October 1, 1982, the first month's assistance payment shall
	 be prorated based on the date of application. The payment level shall be
	 computed as follows: subtract the date of application from 31 and multiply by
	 the full month's benefit; then divide the total by 30. Assistance units
	 applying on the 31st of the month shall be considered as having applied on the
	 30th. For purposes of this provision a month shall consist of 30
	 days.
General Authority:
SDCL 28-7-2.
Law Implemented:
SDCL
		28-7-4.
Date entitlement for financial assistance begins, §
											67:12:01:11; Application,
		determination of eligibility and furnishing assistance,
		45 C.F.R. §
												206.10
		(c)(6).
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:12 - Assistance payments › Chapter 67:12:06 - Budgeting › Section 67:12:06:39 - Computing assistance payment after initial month of assistance

Current through Register Vol. 51, page 10, July 15, 2024
After the initial month of assistance, the department shall compute the
	 amount of each subsequent payment retrospectively and shall base the amount on
	 the income received in the corresponding budget month.
Noncontinuous income received before the month of application or
	 previously considered under §
									67:12:06:38 may not be counted
	 again.
The needs and income of an individual determined eligible and added to
	 an existing assistance unit shall be considered
	 prospectively.
General Authority:
SDCL 28-7-2.
Law Implemented:
SDCL 28-7-4,
		28-7-9.
Computing the assistance payment after the initial one or two
		months, 45 C.F.R. §
												233.35
		(a).
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:12 - Assistance payments › Chapter 67:12:06 - Budgeting › Section 67:12:06:41 - Determining eligibility after initial month of assistance

Current through Register Vol. 51, page 10, July 15, 2024
Continued eligibility for all factors shall be determined both
	 retrospectively and prospectively. However, a regular and periodic extra
	 paycheck from a recurring source shall be considered retrospectively but not
	 prospectively.
General Authority:
SDCL 28-7-2.
Law Implemented:
SDCL 28-7-4,
		28-7-9.
Determining eligibility after the initial month,
		45 C.F.R. §
												233.26.
Determining eligibility prospectively for all payment months,
		45 C.F.R. §
												233.33.
Definitions, §
											67:12:06:33.
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:12 - Assistance payments › Chapter 67:12:06 - Budgeting › Section 67:12:06:42 - Penalty for terminating employment, reducing earned income, and refusing offer of employment

Current through Register Vol. 51, page 10, July 15, 2024
If an applicant or recipient terminates employment, reduces earned
	 income, or refuses an offer of employment without good cause, the amount of
	 assistance shall be computed without benefit of the disregards in §§
									67:12:05:14,
	 67:12:05:18, and 67:12:05:21. In
	 addition, the disregard in §
									67:12:05:14 shall be counted as
	 one of the four consecutive months in the limitation specified in subdivision
	 67:12:05:34(4).
General Authority:
SDCL 28-7-2.
Law Implemented:
SDCL 28-7-4,
		28-7-9.
Penalty for terminating employment, reducing earned income, and for
		refusing an offer of employment,
		45 C.F.R. §
												233.20 (a)(11)(iii).
Good cause for terminating employment or reducing earned income,
		§
											67:12:06:43.
Good cause for refusal to accept employment, §
											67:12:06:44.
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:12 - Assistance payments › Chapter 67:12:06 - Budgeting › Section 67:12:06:42.01 - Penalty for terminating employment - 1115 waiver group

Current through Register Vol. 51, page 10, July 15, 2024
If an applicant is a parent caretaker relative, is assigned to the 1115
	 waiver group, and terminates employment without good cause within the 60 days
	 preceding the date of application, the assistance unit is ineligible for AFDC
	 cash payments. The period of ineligibility is limited to a maximum of 90 days
	 from the date the employment was terminated.
If a recipient is a parent caretaker relative, is assigned to the 1115
	 waiver group, and terminates employment without good cause, the assistance unit
	 is ineligible for AFDC cash payments. The period of ineligibility is limited to
	 three payment months. The first month of ineligibility is the first month after
	 the notice requirements of chapter 67:12:02 are met.
In either case, the length of the penalty expires if the parent
	 caretaker relative secures employment with comparable hours and earnings or is
	 no longer living in the home.
The assistance unit must make a new application for AFDC cash benefits
	 when the penalty period expires, the parent caretaker relative secures
	 employment with comparable earnings, or the parent caretaker relative is no
	 longer living in the home.
General Authority:
SDCL 28-7-2.
Law Implemented:
SDCL
		28-7-1.
Assistance unit randomly assigned to groups, §
											67:12:01:73.
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:12 - Assistance payments › Chapter 67:12:06 - Budgeting › Section 67:12:06:42.02 - Medicaid eligibility when employment terminated - 1115 waiver group

Current through Register Vol. 51, page 10, July 15, 2024
An assistance unit which is ineligible for AFDC under §
									67:12:06:42.01 is eligible for
	 Medicaid if, except for the penalty for terminating employment, the assistance
	 unit meets all other AFDC eligibility requirements.
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 67:12:06 - Budgeting › Section 67:12:06:43 - Good cause for terminating employment or reducing earned income

Current through Register Vol. 51, page 10, July 15, 2024
Good cause criteria for voluntarily leaving employment or reducing
	 earned income include the following:
(1) Continued employment or continuing to
  work full-time presents a hazard to the client's health;
(2) The employer required the client to
  relocate the client's residence to hold the job;
(3) The employer's conduct demonstrates a
  substantial disregard of the standards of behavior that the client as an
  employee has a right to expect of the employer;
(4) The employer has breached or
  substantially altered the contract for employment; and
(5) While on layoff, a client accepted
  employment which the client quit to return to work for the client's regular
  employer.
General Authority:
SDCL 28-7-2.
Law Implemented:
SDCL 28-7-4,
		28-7-9.
Good cause for terminating employment or reducing earned income,
		45 C.F.R. §
												233.20 (a)(11)(iii)(A);
		Medical verification of evidence supporting applicant's or recipient's
		inability to be employed, §
											67:12:06:45.
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:12 - Assistance payments › Chapter 67:12:06 - Budgeting › Section 67:12:06:43.01 - Good cause for terminating employment - 1115 waiver group

Current through Register Vol. 51, page 10, July 15, 2024
In addition to the criteria established in §
									67:12:06:43, good cause criteria
	 for an applicant or recipient who is part of the 1115 waiver group and who
	 voluntarily terminates employment include the following:
(1) The employment was less than 20 hours a
  week at federal minimum wage;
(2)
  Child care arrangements are not available;
(3) The employer discriminated against the
  applicant or recipient;
(4) Working
  conditions or demands from the employer make continued employment unreasonable,
  such as working without being paid on time;
(5) The applicant or recipient accepted other
  employment with comparable salary or hours;
(6) The applicant or recipient is enrolled in
  an approved training program that requires the applicant or recipient to leave
  employment; and
(7) After accepting
  employment, the employment did not materialize or became unsuitable for one of
  the reasons contained in §
									67:12:06:44. The fact that the job
  did not materialize must have been beyond the control of the applicant or
  recipient.
General Authority:
SDCL 28-7-2.
Law Implemented:
SDCL
		28-7-1.
Federal minimum wage,
		29 U.S.C. §
												206 (a)(1).
Approved training -- State JOBS participant, §
		67:12:09:11.04.
Assistance unit randomly assigned to groups, §
											67:12:01:73.
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:12 - Assistance payments › Chapter 67:12:06 - Budgeting › Section 67:12:06:44 - Good cause for refusal to accept employment

Current through Register Vol. 51, page 10, July 15, 2024
For purposes of public assistance, good cause for refusing to accept
	 employment shall be determined by the department on the basis of the following
	 criteria:
(1) The individual is not
  physically or mentally capable of performing the work on a regular
  basis;
(2) The wages, hours, or
  other conditions of the work offered are substantially less favorable than
  those applicable or prevailing for similar work in the locality;
(3) The position is vacant due directly to a
  strike, lockout, or other labor dispute;
(4) The individual is, as a condition of
  being employed, required to join or to resign from or refrain from joining a
  labor organization; and
(5) The
  total daily commuting time to and from home to the work site exceeds two hours
  by available transportation, exclusive of the time necessary to transport
  children to and from a child care facility. If a longer commuting distance and
  time is generally accepted in the community, the round trip commuting time may
  not exceed the generally accepted community standards.
General Authority:
SDCL 28-7-2.
Law Implemented:
SDCL 28-7-4,
		28-7-9.
Good cause for refusing employment,
		45 C.F.R. §
												233.20 (a)(11)(iii)(B);
		Medical verification of evidence supporting applicant's or recipient's
		inability to be employed, §
											67:12:06:45.
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:12 - Assistance payments › Chapter 67:12:06 - Budgeting › Section 67:12:06:45 - Medical verification supporting applicant's or recipient's inability to be employed

Current through Register Vol. 51, page 10, July 15, 2024
If an applicant or recipient indicates that the applicant or recipient
	 is unable to accept employment or continue employment for health reasons,
	 either physical or mental, the applicant or recipient is responsible for
	 obtaining a written statement completed and signed by a licensed or certified
	 physician, physician's assistant, nurse practitioner, psychologist, or a
	 psychiatric social worker which verifies the inability to be
	 employed.
General Authority:
SDCL 28-7-2.
Law Implemented:
SDCL
		28-7-4,
		28-7-9.
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:12 - Assistance payments › Chapter 67:12:11 › Section 67:12:11:01

Current through Register Vol. 51, page 10, July 15, 2024
General Authority:
SDCL
		28-1-50.
Law Implemented:
SDCL
		28-1-47.
Repatriate program, ch 67:12:13.
Refugee Act of 1980, Pub. L. No. 96-212, 94 Stat. 105.
Immigration and Nationality Act of 1959, 66 Stat.
		166.
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:12 - Assistance payments › Chapter 67:12:11 › Section 67:12:11:01.01

Current through Register Vol. 51, page 10, July 15, 2024
General Authority:
SDCL
		28-1-50.
Law Implemented:
SDCL
		28-1-47.
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:12 - Assistance payments › Chapter 67:12:11 › Section 67:12:11:02

Current through Register Vol. 51, page 10, July 15, 2024
General Authority:
SDCL
		28-1-50.
Law Implemented:
SDCL
		28-1-47.
Period of time during which assistance will be provided, §
		67:12:11:02.01.
Qualifications for refugee assistance, §
											67:12:11:01.
Citizenship and alienage, §
											67:12:01:14.
Deprivation of parental support or care, §§
											67:12:01:29 to
		67:12:01:39, inclusive.
Eligibility of second parent in AFDC grant, §
											67:12:01:55.
Refugee Act of 1980, Pub. L. No. 96-212, 94 Stat.
		115.
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:12 - Assistance payments › Chapter 67:12:11 › Section 67:12:11:02.01

Current through Register Vol. 51, page 10, July 15, 2024
General Authority:
SDCL 28-1-50.
Law Implemented:
SDCL
		28-1-47.
Refugee Act of 1980, Pub. L. No. 96-212, 94 Stat. 114.
Duration of eligibility,
		45 C.F.R. §
												400.62 (e).
47 Fed. Reg. 10,841 (March 12, 1982).
53 Fed. Reg. 32,222 (August 24,
		1988).
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:12 - Assistance payments › Chapter 67:12:11 › Section 67:12:11:02.02

Current through Register Vol. 51, page 10, July 15, 2024
General Authority:
SDCL
		28-1-50.
Law Implemented:
SDCL
		28-1-47.
Earned income exemption for AFDC, § 7:12:05:14; 47 Fed. Reg.
		10,841 (March 12, 1982).
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:12 - Assistance payments › Chapter 67:12:11 › Section 67:12:11:03

Current through Register Vol. 51, page 10, July 15, 2024
General Authority:
SDCL
		28-1-50.
Law Implemented:
SDCL
		28-1-47.
Refugee Act of 1980, Pub. L. No. 96-212, 94 Stat. 114.
Limitations on real property, ch 67:12:04.
Limitations on personal property, ch 67:12:05.
Budgeting, ch 67:12:06.
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:12 - Assistance payments › Chapter 67:12:11 › Section 67:12:11:03.01

Current through Register Vol. 51, page 10, July 15, 2024
General Authority:
SDCL
		28-1-50.
Law Implemented:
SDCL
		28-1-47.
Refugee Act of 1980, Pub. L. No. 96-212, 94 Stat.
		103.
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:12 - Assistance payments › Chapter 67:12:11 › Section 67:12:11:05

Current through Register Vol. 51, page 10, July 15, 2024
General Authority:
SDCL
		28-1-50.
Law Implemented:
SDCL
		28-1-47.
Refugee Act of 1980, Pub. L. No. 96-212, 94 Stat. 102.
Limitations on real property, ch 67:12:04.
Limitations on personal property, ch 67:12:05.
Budgeting, ch 67:12:06.
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:12 - Assistance payments › Chapter 67:12:11 › Section 67:12:11:06

Current through Register Vol. 51, page 10, July 15, 2024
General Authority:
SDCL
		28-1-50.
Law Implemented:
SDCL
		28-1-47.
Medical assistance for refugees, §
											67:46:01:09.
Refugee Act of 1980, Pub. L. No. 96-212, 94 Stat. 115.
Covered medical services, art 67:16.
53 Fed. Reg. 32,222 (August 24,
		1988).
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:12 - Assistance payments › Chapter 67:12:11 › Section 67:12:11:08

Current through Register Vol. 51, page 10, July 15, 2024
General Authority:
SDCL
		28-1-50.
Law Implemented:
SDCL
		28-1-47.
Refugee Act of 1980, Pub. L. No. 96-212, 94 Stat. 115.
Criteria for determining appropriate work, §
		67:12:11:08.01.
Criteria for determining appropriate training, §
		67:12:11:08.02.
Employable refugee -- Exemptions from accepting work or training,
		§
											67:12:11:09.
Effects of termination on household, §
											67:12:11:11.01.
Period of ineligibility for refusal to comply, §
											67:12:11:11.03.
English language requirements, §
											67:12:11:12.
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:12 - Assistance payments › Chapter 67:12:11 › Section 67:12:11:08.01

Current through Register Vol. 51, page 10, July 15, 2024
General Authority:
SDCL
		28-1-50.
Law Implemented:
SDCL
		28-1-47.
Refugee Act of 1980, Pub. L. No. 96-212, 94 Stat. 115; Claims of
		adverse effects of physical or mental health, §
											67:12:11:08.03.
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:12 - Assistance payments › Chapter 67:12:11 › Section 67:12:11:08.02

Current through Register Vol. 51, page 10, July 15, 2024
General Authority:
SDCL
		28-1-50.
Law Implemented:
SDCL
		28-1-47.
Claims of adverse effects of physical or mental health, §
											67:12:11:08.03.
Refugee Act of 1980, Pub. L. No. 96-212, 94 Stat. 115.
Receipt of assistance while attending educational or training
		program, §
											67:12:11:13.
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:12 - Assistance payments › Chapter 67:12:11 › Section 67:12:11:08.03

Current through Register Vol. 51, page 10, July 15, 2024
General Authority:
SDCL
		28-1-50.
Law Implemented:
SDCL
		28-1-47.
Refugee Act of 1980, Pub. L. No. 96-212, 94 Stat.
		115.