South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:47 - Child care services › Chapter 67:47:01 - Assistance with child care costs › Section 67:47:01:05 - Income eligibility

Current through Register Vol. 51, page 10, July 15, 2024
Eligibility for child care services is based on annual income. Income
	 is considered prospectively based on the verification required in this section.
	 As proof of income, a recipient must provide either copies of the last two pay
	 stubs or employer verification of current wages. A recipient who is
	 self-employed must provide a copy of the recipient's most recent income tax
	 return. Depreciation is not an allowable expense and will be added to the
	 recipient's net profit or loss. Income is considered as follows:
(1) If the child resides with both parents,
  consider the child's unearned income and the income of both parents;
(2) If the child resides with both parents
  but the parents are separated due to work or school, consider the child's
  unearned income and the income of both parents;
(3) If the child resides with one parent,
  consider the child's unearned income and the income of the parent with whom the
  child resides;
(4) If the child
  resides with one parent and that parent is cohabiting with another individual
  who is not the child's parent, consider the child's unearned income and the
  income of the parent;
(5) If a
  child resides with one parent who is cohabiting with another individual and the
  parent and the cohabiting individual have a child in common, consider the
  unearned income of the children and the income of the parent and the cohabiting
  individual;
(6) If the child
  resides with one parent and that parent is married to an individual who is not
  the child's parent, consider the child's unearned income and the income of both
  the parent and the parent's spouse;
(7) If the child resides with one parent a
  majority of the time but is residing with the second parent temporarily,
  consider the child's unearned income and the income of the second parent with
  whom the child has taken temporary residency;
(8) If the child resides with a guardian but
  custody is held by the department or a tribe, consider only the child's
  unearned income;
(9) If the child
  resides with a guardian and the guardian has custody and is married, consider
  the child's unearned income and the income of the guardian and the guardian's
  spouse;
(10) If the child resides
  with an adult who is married and exercises parental control over the child,
  consider the child's unearned income and the income of the adult exercising
  parental control and the spouse of the adult exercising parental control;
  and
(11) If the child's parent
  resides with one or both parents, a guardian, or an adult exercising parental
  control, consider the child's unearned income and the earned and unearned
  income of the child's parent.
For the parent, guardian, or adult exercising parental control of the
	 child, income includes all earned and unearned income such as child support,
	 temporary assistance to needy families, social security income, rental or lease
	 income, interest income, work study, tips, retirement, unemployment benefits,
	 wages, veterans benefits, and workers' compensation.
A household with adjusted income that exceeds 209 percent of the
	 federal poverty level or 85 percent of the state median income, whichever is
	 less, is ineligible for child care assistance.
General Authority:
SDCL 28-1-61(1).
Law Implemented:
SDCL
		28-1-60.
Federal poverty level, §
											67:11:01:03; Definition of
		"eligible child,"42 U.S.C.
		§
												9858n(4) (July 1,
		2016).