reglab/statecodes huggingface dataset:
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:10 - Temporary assistance to needy families › Chapter 67:10:04 - Resource requirements › Section 67:10:04:19 - Full and adequate consideration for property transferred

Current through Register Vol. 51, page 10, July 15, 2024
The department considers any item or service which the individual
	 receives for transferred property to be for full and adequate consideration as
	 long as the value of the item or service equals the reasonable market value of
	 the property transferred or assigned.
If it appears that the property was transferred or assigned without
	 full and adequate consideration, the department shall use the fair market
	 value, determined according to §
									67:10:04:09, less encumbrances of
	 record, to determine if the individual received the full and adequate
	 consideration.
General Authority:
SDCL
		28-7A-3(1)(3).
Law Implemented:
SDCL
		28-7A-3(1)(3).
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:10 - Temporary assistance to needy families › Chapter 67:10:04 - Resource requirements › Section 67:10:04:20 - Determining periods of ineligibility

Current through Register Vol. 51, page 10, July 15, 2024
The period of ineligibility for an assistance unit which transferred,
	 assigned, or sold property for the purpose of establishing or maintaining
	 eligibility is up to one year from the date the department discovers the
	 transfer.
The period of ineligibility is based on the amount by which the
	 transferred, assigned, or sold resource, when added to other countable
	 resources, exceeds the allowable resource limit. The following chart is used to
	 calculate the period of ineligibility:
AMOUNT BY WHICH RESOURCE LIMIT
IS EXCEEDED
MONTH(S) OF
INELIGIBILITY
$ 0 up to $ 250.00
1
250 up to 1,000.00
3
1,000 up to 3,000.00
6
3,000 up to 5,000.00
9
5,000 or more
12
General Authority:
SDCL
		28-7A-3(1)(3)(4).
Law Implemented:
SDCL
		28-7A-3(1)(3)(4).
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:10 - Temporary assistance to needy families › Chapter 67:10:05 - Budgeting › Section 67:10:05:01 - Definitions

Current through Register Vol. 51, page 10, July 15, 2024
Terms used in this chapter mean:
(1) "Independent living arrangement," a
  situation in which a member of the assistance unit does not reside in a shared
  living arrangement as defined in subdivision (5) and has sole responsibility
  for all shelter costs, with the exception of low income energy assistance. This
  includes situations in which the assistance unit is residing in a homeless or
  domestic violence shelter, a car, a tent, an outdoor setting, or an abandoned
  house to which no one else pays any cost towards upkeep, utilities, mortgage,
  rent, or other homeowner expenses even if the living situation includes an SSI
  recipient or an individual who is at least 18 years of age and not a member of
  the assistance unit;
(2) "Payment
  month," the calendar month for which the assistance payment is made;
(3) "Payment standard," the amount recognized
  by the department when determining an assistance unit's basic living needs,
  such as shelter, utilities, food, clothing, household items, and personal care
  items;
(4) "Prospective budgeting,"
  "prospectively," the computation used when determining an assistance unit's
  eligibility and grant amount which is based on the best estimate of income and
  circumstances which will exist in that month; and
(5) "Shared living arrangement," a situation
  in which the household contains an individual who is at least 18 years of age
  and not a member of the assistance unit; or a situation in which the assistance
  unit receives a subsidy for shelter expenses, resides in public housing,
  receives assistance for the payment of shelter costs from someone not residing
  in the home, is not solely responsible for the assistance unit's shelter costs,
  or has an SSI recipient residing in the home.
General Authority:
SDCL
		28-7A-3(1)(3).
Law Implemented:
SDCL
		28-7A-3(1)(3).
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:10 - Temporary assistance to needy families › Chapter 67:10:05 - Budgeting › Section 67:10:05:02 - Computing amount of assistance grant - Limitation

Current through Register Vol. 51, page 10, July 15, 2024
The amount of assistance which may be paid to an assistance unit is
	 derived by the following computation:
(1) Add the countable earned and unearned
  income and other benefits available to or received by the assistance unit,
  except the deductions allowed in §
									67:10:03:04;
(2) Subtract the sum from the applicable
  payment standard contained in §
									67:10:05:03,
  67:10:05:04, or 67:10:05:05;
  and
(3) Round the resulting figure
  down to the nearest dollar.
No payment is made to a recipient if the amount of the assistance
	 payment, not considering recoupment amounts, is less than ten
	 dollars.
General Authority:
SDCL
		28-7A-3(1).
Law Implemented:
SDCL
		28-7A-3(1),
		28-7A-4.
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:10 - Temporary assistance to needy families › Chapter 67:10:05 - Budgeting › Section 67:10:05:03 - Payment standard - Assistance unit includes parent - Independent or shared living arrangement

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 payment standard for a household that includes at least
	 one parent of a dependent child is as follows:
PAYMENT STANDARD
UNIT SIZE
INDEPENDENT LIVING
				ARRANGEMENT
SHARED LIVING
				ARRANGEMENT
1 person
$ 512
$ 317
2 persons
627
432
3 persons
701
507
4 persons
775
581
5 persons
848
654
6 persons
922
728
7 persons
996
800
8 persons
1,070
875
9 persons
1,141
949
10 persons
1,213
1,020
11 persons
1,287
1,093
12 persons
1,361
1,167
For a unit size greater than twelve, add fifty-three dollars for each
	 additional member.
General Authority:
SDCL
		28-7A-3.
Law Implemented:
SDCL
		28-7A-3(1),
		28-7A-4.
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:10 - Temporary assistance to needy families › Chapter 67:10:05 - Budgeting › Section 67:10:05:04 - Payment standard - Child not living with parent and placed by child placement agency

Current through Register Vol. 51, page 10, July 15, 2024
The payment standard for an assistance unit which contains a child or
	 children placed by the department, a licensed child placement agency, or a
	 tribal or BIA social services agency under a court order, but which does not
	 contain a parent who is receiving assistance for the parent's own child is the
	 department's basic family foster care rate. The department shall pay this rate
	 for the first child in care that meets the criteria contained in this section.
	 If the assistance unit contains more than one child, the department shall pay
	 $53 for each additional child in care.
The current court order or child placement agreement placing the child
	 into the assistance unit must be current.
General Authority:
SDCL
		28-7A-3(1).
Law Implemented:
SDCL
		28-7A-3(1),
		28-7A-4.
License or registration required for child care or placement by
		public or private agency -- Waiver violation as misdemeanor, SDCL
		26-6-9; Categories of child
		welfare agency licenses -- Child placement agency, SDCL
		26-6-14(4).
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:10 - Temporary assistance to needy families › Chapter 67:10:05 - Budgeting › Section 67:10:05:05 - Payment standard - Child not living with parent and not placed by child placement agency

Current through Register Vol. 51, page 10, July 15, 2024
The following is the payment standard for an assistance unit that does
	 not meet the criteria contained in either §
									67:10:05:03 or
	 67:10:05:04:
UNIT SIZE
PAYMENT STANDARD
1 child
$ 432
2 children
507
3 children
581
4 children
654
5 children
728
6 children
800
7 children
875
8 children
949
9 children
1,020
10 children
1,093
11 children
1,167
12 children
1,242
For a unit size greater than twelve, add fifty-three dollars for each
	 additional child.
General Authority:
SDCL
		28-7A-3.
Law Implemented:
SDCL
		28-7A-3(1),
		28-7A-4.
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:10 - Temporary assistance to needy families › Chapter 67:10:05 - Budgeting › Section 67:10:05:06 - Payment standard when assistance unit contains children meeting conditions of Sections 67:10:05:04 and 67:10:05:05

Current through Register Vol. 51, page 10, July 15, 2024
The department shall use the highest payment standard available if an
	 assistance unit contains only children meeting the conditions of §§
									67:10:05:04 and
	 67:10:05:05.
General Authority:
SDCL
		28-7A-3(1).
Law Implemented:
SDCL
		28-7A-3(1),
		28-7A-4.
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:10 - Temporary assistance to needy families › Chapter 67:10:05 - Budgeting › Section 67:10:05:07 - Determining eligibility and computing assistance payment

Current through Register Vol. 51, page 10, July 15, 2024
The department shall determine eligibility and compute the assistance
	 payment prospectively.
General Authority:
SDCL
		28-7A-3(1).
Law Implemented:
SDCL
		28-7A-3(1),
		28-7A-4.
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:10 - Temporary assistance to needy families › Chapter 67:10:05 - Budgeting › Section 67:10:05:08 - Determination of initial month's benefits

Current through Register Vol. 51, page 10, July 15, 2024
The first month's assistance payment is prorated based on the date of
	 application. The payment level is computed by subtracting the date of the
	 application from 31, multiplying by the full month's benefit, and dividing the
	 total by 30. Assistance units applying on the 31st of the month are considered
	 to have applied on the 30th. For purposes of this rule, a month consists of 30
	 days.
General Authority:
SDCL
		28-7A-3(1).
Law Implemented:
SDCL
		28-7A-3(1),
		28-7A-4.
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:10 - Temporary assistance to needy families › Chapter 67:10:05 - Budgeting › Section 67:10:05:09 - Suspending eligibility after initial month of assistance

Current through Register Vol. 51, page 10, July 15, 2024
The department may suspend rather than close the case if the department
	 has knowledge of or reason to believe that ineligibility would be only for one
	 payment month and ineligibility for that month was caused by
	 income.
General Authority:
SDCL
		28-7A-3(1)(3).
Law Implemented:
SDCL
		28-7A-3(1)(3),
		28-7A-4.
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:10 - Temporary assistance to needy families › Chapter 67:10:05 - Budgeting › Section 67:10:05:11 - Change in amount of assistance because of change in living arrangement or assistance unit size

Current through Register Vol. 51, page 10, July 15, 2024
A change in the amount of the assistance unit's grant because of a
	 change in the assistance unit's living arrangement is made the first of the
	 month following the month the change is reported. A change in assistance is
	 made the first of the month following the month the change is reported and is
	 based on the number of members in the assistance unit on the first of the
	 month. In situations of domestic violence, a change in the assistance unit's
	 living arrangement or in assistance size which results in an increase in the
	 grant amount is made for the month the change is reported.
The provisions of §
									67:10:05:17 must also be applied
	 before living arrangement or assistance unit size changes may be made after the
	 initial month.
General Authority:
SDCL
		28-7A-3(1)(3).
Law Implemented:
SDCL
		28-7A-3(1)(3),
		28-7A-4,
		28-7A-14.
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:10 - Temporary assistance to needy families › Chapter 67:10:05 - Budgeting › Section 67:10:05:12 - Recovery of overpayments from assistance unit

Current through Register Vol. 51, page 10, July 15, 2024
The department recovers overpayments as soon as possible through
	 restitution by the individual or through recoupment by reducing the amount of
	 the assistance grant. The amount of the recoupment may not exceed ten percent
	 of the assistance grant. If the assistance unit no longer receives benefits
	 under TANF, the department may submit the overpayment to the federal government
	 for collection through the federal tax refund intercept program.
An overpayment results if an assistance unit receives a larger
	 allotment than the assistance unit is entitled to receive. For recovery
	 purposes, overpayments may result if the assistance unit:
(1) Fails to report a change in circumstances
  as required under §
									67:10:05:14 or
  67:10:01:23;
(2) Reports a change in circumstances but the
  change was reported incorrectly; or
(3) Provides incorrect information on the
  application.
If the overpayment is the result of a misunderstanding or unintended
	 error on the part of the caretaker relative, recovery of the overpayment is
	 made on those claims for which 12 months or less have elapsed between the month
	 the overpayment occurred and the month the department discovered the
	 overpayment.
If the overpayment is the result of a determination of fraud or an
	 intentional program violation, recovery of the overpayment is made on those
	 claims for which six years or less have elapsed between the month the
	 overpayment occurred and the month the department discovered the
	 overpayment.
General Authority:
SDCL
		28-7A-3(6).
Law Implemented:
SDCL
		28-7A-3(6),
		28-7A-17.
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:10 - Temporary assistance to needy families › Chapter 67:10:05 - Budgeting › Section 67:10:05:13 - Correction of underpayments

Current through Register Vol. 51, page 10, July 15, 2024
The department shall correct underpayments within 30 days after the
	 date of discovery. The amount of a retroactive payment made to a recipient may
	 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 is considered
	 as a resource in the determination of the continuing eligibility of the
	 recipient in the succeeding months.
Benefits are not restored if the underpayment is caused by the
	 assistance unit's failure to report a change timely and correctly.
If the underpayment is caused by the department, benefits are restored
	 for no more than 12 months from the date the department receives the request
	 for restoration from the assistance unit or the date the department is notified
	 or otherwise discovers that a loss in benefits has occurred, whichever occurs
	 first.
The department shall restore lost benefits to an assistance unit even
	 if the assistance unit is currently ineligible for assistance.
When determining the amount to be restored to the assistance unit, the
	 department shall consider whether the assistance unit has an outstanding
	 balance due from a previous overpayment. If the assistance unit has an
	 outstanding balance from a previous overpayment, the amount outstanding is
	 deducted from the amount of the benefits to be restored.
General Authority:
SDCL
		28-7A-3(1).
Law Implemented:
SDCL
		28-7A-3(1),
		28-7A-17.
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:10 - Temporary assistance to needy families › Chapter 67:10:05 - Budgeting › Section 67:10:05:14 - Completed report form required

Current through Register Vol. 51, page 10, July 15, 2024
The department shall furnish each assistance unit with a report form
	 within six months following the date of application. If the assistance unit is
	 also a recipient of supplemental nutrition assistance, the report form will be
	 due during the same time frame as the supplemental nutrition assistance
	 program. A report form may be required prior to six months if the assistance
	 unit is also a recipient of supplemental nutrition assistance. The assistance
	 unit must complete, sign, and return the report form to the department by the
	 twentieth of the month in which the form was mailed to the assistance unit. The
	 department considers a report which is postmarked by the twentieth of the month
	 as timely. The report form is considered incomplete if it is returned unsigned,
	 does not contain all information requested, or does not have the necessary
	 verification attached. The assistance unit may preserve the right to have
	 continued eligibility determined by filing a completed report before the end of
	 the payment month.
An assistance unit is exempt from meeting the requirements of this
	 section if the child has no countable earned income and the caretaker relative
	 is either a parent receiving an SSI payment or is not the parent of any child
	 in the assistance unit.
General Authority:
SDCL
		28-7A-3(1)(3)(4)(8).
Law Implemented:
SDCL
		28-7A-3(1)(3)(4)(8).
Signed application, §
											67:10:01:03.
Full determination of continuing eligibility, §
											67:10:01:24.
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:10 - Temporary assistance to needy families › Chapter 67:10:05 - Budgeting › Section 67:10:05:17 - Eligibility and amount of assistance payment

Current through Register Vol. 51, page 10, July 15, 2024
If an assistance unit is required to report according to §
									67:10:05:14, the department shall
	 determine eligibility and the amount of assistance based on the most recently
	 reported information if a change in income or circumstances is obtained from
	 one of the following:
(1) The
  application, recertification, or report form completed by the assistance
  unit;
(2) The Systematic Alien
  Verification for Entitlements program available through the United States
  Citizenship and Immigration Services;
(3) The State Data Exchange or Beneficiary
  Data Exchange computer interface system match with the Social Security
  Administration;
(4) The
  unemployment insurance benefits computer interface system match with the
  Department of Labor and Regulation;
(5) A hearing decision, including a decision
  establishing an intentional program violation;
(6) A department employment specialist, a
  Department of Labor and Regulation employment specialist, or a Department of
  Labor and Regulation supplemental nutrition assistance employment and training
  representative;
(7) Report of
  refusal to cooperate as specified in §§
									67:10:01:25 and
  67:10:01:26;
(8) The assistance unit reports their income
  exceeds the need standard in chapter 67:10:05 based on household size and
  living arrangements;
(9) The
  assistance unit requests their case closed;
(10) A member of the assistance unit applies
  for TANF in another state on their own behalf or with another assistance unit
  in the state;
(11) The assistance
  unit reports moving out-of-state or the postal service returns mail indicating
  an assistance unit member has moved out-of-state;
(12) An action to budget a future known
  change;
(13) An action to correct
  information that was incorrectly reported or budgeted;
(14) The assistance unit, Division of Child
  Protection Services, Division of Child Support, or the appropriate tribal child
  protection office reports a change in individuals residing in the
  household;
(15) Public Assistance
  Reporting Information System (PARIS); or
(16) Information is received indicating an
  individual in the household is residing in an institution for a period longer
  than 90 days.
If a change other than those specified above is reported to the
	 department and verification is provided, the department may change the amount
	 of assistance based on the reported and verified changes only if the
	 calculation results in an increase in the amount of the assistance
	 payment.
General Authority:
SDCL
		28-7A-3(1)(3)(4).
Law Implemented:
SDCL
		28-7A-3(1)(3)(4).
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:10 - Temporary assistance to needy families › Chapter 67:10:06 - Work provisions › Section 67:10:06:01 - Definitions

Current through Register Vol. 51, page 10, July 15, 2024
Terms used in this chapter mean:
(1) "CWEA" or "combined work and education
  activity," the combined work and education activity established under the
  provisions of SDCL
  28-7A-20 to
  28-7A-24, inclusive, for
  individuals eligible for TANF assistance;
(2) "Personal responsibility agreement," an
  agreement between an individual applying for assistance under this article and
  the department in which the individual agrees to comply with the requirements
  established under this chapter as a condition of receiving
  assistance;
(3) "Personal
  responsibility plan," a plan prepared by the department in consultation with
  the individual applying for or receiving assistance and which meets the
  requirements of §
									67:10:06:02; and
(4) Reporting month," a four or five week
  month calculated by the number of Saturdays in that calendar month. For
  example, the week of July 26 - August 1 would be included in the August
  calculation if August 1 falls on a Saturday.
General Authority:
SDCL
		28-7A-3(1)(2)(3)(4),
		28-7A-10,
		28-7A-24.
Law Implemented:
SDCL
		28-7A-3(1)(2)(3)(4),
		28-7A-10,
		28-7A-20.
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:10 - Temporary assistance to needy families › Chapter 67:10:06 - Work provisions › Section 67:10:06:02 - Personal responsibility plan

Current through Register Vol. 51, page 10, July 15, 2024
Unless exempt under §
									67:10:06:07, an individual must
	 work with the department to develop a personal responsibility plan. Failure to
	 complete and sign the plan results in ineligibility for the assistance unit. At
	 a minimum, the personal responsibility plan must contain the following:
(1) An employment goal for the individual and
  a plan for moving the individual into private sector employment;
(2) The obligations of the individual, which
  may include a requirement that the individual attend school, maintain certain
  grades and attendance, keep school age children of the individual in school,
  immunize children, attend parenting and money management classes, or do other
  things that will help the individual become and remain employed in the private
  sector;
(3) A plan to move the
  individual into whatever private sector employment the individual is capable of
  handling as quickly as possible and to increase the responsibility and amount
  of work the individual is to handle over time;
(4) A description of the services the state
  will provide the individual so that the individual will be able to obtain and
  keep employment in the private sector and a description of the job counseling
  and other services that the state will provide; and
(5) If applicable, a requirement that the
  individual attend substance abuse treatment.
If an assistance unit contains a teen parent or a child under the age
	 of 18 who is not otherwise exempt, there must be a separate personal
	 responsibility plan for each of these individuals. Failure to complete and sign
	 the plan results in the penalty established in §
										67:10:06:21.
General Authority:
SDCL
		28-7A-3(1)(2)(3)(4)(12),
		28-7A-10,
		28-7A-11.
Law Implemented:
SDCL
		28-7A-3(1)(2)(3)(4)(12),
		28-7A-10,
		28-7A-11.
Personal responsibility plan, Pub. L. No. 104-193, § 408(b)(2), (110 Stat. 2141) (August 22,
		1997).
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:10 - Temporary assistance to needy families › Chapter 67:10:06 - Work provisions › Section 67:10:06:03 - Personal responsibility agreement

Current through Register Vol. 51, page 10, July 15, 2024
Unless exempt under §
									67:10:06:07, as a condition of
	 eligibility for assistance under this article, the parent must sign a personal
	 responsibility agreement. Failure to sign the agreement results in
	 ineligibility for the assistance unit.
General Authority:
SDCL
		28-7A-3(1)(2)(3)(4),
		28-7A-10,
		28-7A-11.
Law Implemented:
SDCL
		28-7A-3(1)(2)(3)(4),
		28-7A-10,
		28-7A-11.
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:10 - Temporary assistance to needy families › Chapter 67:10:06 - Work provisions › Section 67:10:06:05 - Work activities

Current through Register Vol. 51, page 10, July 15, 2024
Unless otherwise exempt, an individual is required to participate in
	 work activities. The number of hours of required participation is established
	 in the individual's personal responsibility plan. Work activities include the
	 following:
(1) Unsubsidized employment
  which is not directly supplemented by federal or state funds as defined in
  45 C.F.R §
										261.2 (June 29, 2006);
(2) Subsidized private sector employment as
  defined in 45 C.F.R. §
										261.2 (June 29, 2006);
(3) Subsidized public sector employment as
  defined in 45 C.F.R. §
										261.2 (June 29, 2006);
(4) Community service as defined in
  45 C.F.R. §
										261.2 (June 29, 2006);
(5) Job search and job readiness as defined
  in 45 C.F.R. §
										261.2 (June 29, 2006);
(6) Vocational educational training as
  defined in 45 C.F.R. §
										261.2 (June 29, 2006);
(7) CWEA;
(8) Job skills training directly related to
  employment as defined in 45
  C.F.R. §
										261.2 (June 29,
  2006);
(9) Education directly
  related to employment as defined in
  45 C.F.R. §
										261.2 (June 29, 2006);
(10) Satisfactory attendance at secondary
  school or in a course of study leading to a certificate of general equivalence
  as defined in 45 C.F.R.
  §
										261.2 (June 29, 2006); and
(11) On-the-job training as defined in
  45 C.F.R. §
										261.2 (June 29, 2006).
An individual may not use the work activities described in subdivisions
	 (8), (9), and (10) as primary activities; however, the department shall allow
	 the individual to count the hours of participation if the individual has
	 completed 20 hours of other countable activities.
General Authority:
SDCL
		28-7A-3(1)(2)(3)(4)(12),
		28-7A-10,
		28-7A-24.
Law Implemented:
SDCL
		28-7A-3(1)(2)(3)(4)(12),
		28-7A-10,
		28-7A-20.
Work activities, Pub. L. No. 104-193, § 407(d) (110 Stat. 2133) (August 22,
		1996).
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:10 - Temporary assistance to needy families › Chapter 67:10:06 - Work provisions › Section 67:10:06:06 - Work activities - Level of participation

Current through Register Vol. 51, page 10, July 15, 2024
The minimum level of participation for required work activities is as
	 follows:
TYPE OF HOUSEHOLD
WORK REQUIREMENT
One-parent household that has a child under the age of
				  six
20 hours a week
One-parent household that has a child or children over the
				  age of six
30 hours a week
Two-parent household that does not receive financial
				  assistance for child care services under article 67:47
35 hours a week
Two-parent household that receives financial assistance for
				  child care services under article 67:47
55 hours a week
A two-parent household that includes a parent who is exempt from
	 participating in work activities under subdivision 67:10:06:07(3) or (4) is
	 considered to be a one-parent household when determining the number of work
	 hours required under this section.
When determining whether a two-parent household has met its required
	 level of participation, the department shall combine the hours worked by each
	 parent.
General Authority:
SDCL
		28-7A-3(1)(2)(3)(4),
		28-7A-10,
		28-7A-11.
Law Implemented:
SDCL
		28-7A-3(1)(2)(3)(4),
		28-7A-10,
		28-7A-11.
Family with disabled parent not treated as two-parent family, Pub. L. No. 105-33, § 5504 (a)(C) (111 Stat.609) (August 5, 1997)
Sharing of work requirement in two-parent families, Pub. L. No. 105-33, § 5504 (d) (111 Stat. 609) (August 5,
		1997).
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:10 - Temporary assistance to needy families › Chapter 67:10:06 - Work provisions › Section 67:10:06:07 - Work activities - Exemption criteria

Current through Register Vol. 51, page 10, July 15, 2024
An individual is exempt from participating in work activities if the
	 individual meets one of the following requirements:
(1) Is a dependent child under 16 or a
  dependent child 16 or over who is enrolled as, or has been accepted for
  enrollment as, a full-time student in an elementary or secondary school or in a
  vocational or technical school that is equivalent to a secondary
  school;
(2) Is the parent who is
  caring for a child who is under 12 weeks of age. This exemption is limited to
  one parent per assistance unit;
(3)
  Is approved to receive social security disability payments from the Social
  Security Administration; or
(4) Is
  a veteran who has a 100 percent disability and is approved to receive
  disability payments from the Veterans' Administration.
General Authority:
SDCL
		28-7A-3(1)(2)(3)(4),
		28-7A-10,
		28-7A-11.
Law Implemented:
SDCL
		28-7A-3(1)(2)(3)(4),
		28-7A-10,
		28-7A-11.
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:10 - Temporary assistance to needy families › Chapter 67:10:06 - Work provisions › Section 67:10:06:08 - Work activities - Reduced participation

Current through Register Vol. 51, page 10, July 15, 2024
If an individual does not qualify for an exemption but has extenuating
	 circumstances which are expected to last at least 30 days and which prevent
	 full participation, the department may reduce the number of hours required.
	 Extenuating circumstances include items such as the following:
(1) The individual has a temporary illness or
  incapacity;
(2) A household member
  has a disability and needs care until family support services are
  available;
(3) The individual is a
  victim of domestic violence;
(4)
  The individual is a victim of rape;
(5) There is a family illness or a family
  crisis, such as the death of an immediate family member; or
(6) The individual is participating in an
  alcohol, drug, or mental health treatment program.
Except for individuals covered under subdivisions (3) and (4) of this
	 section, the individual must submit evidence to the department which
	 substantiates the reduction in participation. To provide this evidence, the
	 individual must submit a report completed by a physician, physician's
	 assistant, nurse practitioner, psychologist, optometrist, chiropractor, or
	 social worker-PIP which supports the reduction. Participation may still be
	 required if the report indicates the person can participate at a reduced
	 level.
The department may request a second opinion.
General Authority:
SDCL
		28-7A-3(1)(2)(3)(4),
		28-7A-10,
		28-7A-11.
Law Implemented:
SDCL
		28-7A-3(1)(2)(3)(4),
		28-7A-10,
		28-7A-11.
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:10 - Temporary assistance to needy families › Chapter 67:10:06 - Work provisions › Section 67:10:06:11 - Work activities - Community service

Current through Register Vol. 51, page 10, July 15, 2024
The individual may make up work hours scheduled but not worked if the
	 work is made up within the same reporting month and the department determines
	 according to §
									67:10:06:25 that the individual
	 had good cause. If the individual is not able to make up work hours scheduled
	 but not worked and the department has determined that good cause exists for the
	 unworked hours, the individual's TANF cash grant is not affected.
The individual is credited with no hours worked if the individual fails
	 to complete, sign, and submit a time sheet to the department. The time sheet
	 must be postmarked or received by the 5th of the following calendar month in
	 order to be considered.
If an individual's community work activity involves providing child
	 care for another individual participating in a work activity under the
	 provisions of this chapter, supervision is not required.
The department shall make an incentive payment to the individual if the
	 individual meets the requirements of the personal responsibility plan and is
	 not subject to any of the penalties contained in subdivision 67:10:06:23(2) or
	 (3). The incentive payment is mailed after the participation requirements are
	 met and the timesheet is timely received by the department.
General Authority:
SDCL
		28-7A-3(1)(2)(3)(4),
		28-7A-10.
Law Implemented:
SDCL
		28-7A-3(1)(2)(3)(4),
		28-7A-10.
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:10 - Temporary assistance to needy families › Chapter 67:10:06 - Work provisions › Section 67:10:06:12 - Work activities - Job search and job readiness

Current through Register Vol. 51, page 10, July 15, 2024
An individual in job search must complete the following
	 activities:
(1) Register for work with
  the Department of Labor and Regulation;
(2) Apply for unemployment insurance
  benefits, if eligible;
(3) Attend
  the training and workshops specified in the individual's personal
  responsibility plan; and
(4) Make
  employer contacts.
General Authority:
SDCL
		28-7A-3(1)(2)(3)(4),
		28-7A-10.
Law Implemented:
SDCL
		28-7A-3(1)(2)(3)(4),
		28-7A-10.
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:10 - Temporary assistance to needy families › Chapter 67:10:06 - Work provisions › Section 67:10:06:13 - Work activities - Vocational educational training

Current through Register Vol. 51, page 10, July 15, 2024
Vocational educational training must be approved by the department.
	 Approval is based on the following criteria:
(1) The course is consistent with the
  individual's personal responsibility plan and is directed toward a goal of
  employment;
(2) The individual is
  attending a full-time curriculum of study or at least 20 hours a week of
  training as determined by the institution or the training site the individual
  is attending;
(3) The individual is
  maintaining acceptable attendance and performance as defined by the institution
  or training site the individual is attending;
(4) The job outlook in the local labor market
  for people who have completed the proposed training is favorable or the
  participant is willing to relocate; and
(5) There is a training slot available from
  the limited number of slots the department has available for its use.
General Authority:
SDCL
		28-7A-3(1)(2)(3)(4)(12),
		28-7A-10.
Law Implemented:
SDCL
		28-7A-3(1)(2)(3)(4)(12),
		28-7A-10.
Work activities -- Vocational training, Pub. L. No. 104-193, § 407(d)(8) (110 Stat. 2133) (August 22,
		1996).
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:10 - Temporary assistance to needy families › Chapter 67:10:06 - Work provisions › Section 67:10:06:13.01 - Work activities - Combined work and education

Current through Register Vol. 51, page 10, July 15, 2024
The combined work and education activity is designed to provide an
	 individual with marketable skills directly related to employment. To qualify
	 for this activity, the individual must either be a second year student in a
	 vocational training activity or an undergraduate student attending
	 postsecondary education at an institution accredited by the North Central
	 Association of Colleges and Secondary Schools. The department must approve the
	 individual's combined work and education activity. Approval is based on the
	 following criteria:
(1) The individual
  does not have a marketable job skill or has a job skill level and earnings
  that, in the department's judgment, would be significantly improved by the
  proposed educational program;
(2)
  The individual must meet the requirements contained in SDCL
  28-7A-22;
(3) The course of study must meet the
  requirements of SDCL
  28-7A-21;
(4) The potential entry-level earnings
  resulting from the course of study are at least 125 percent of the federal
  poverty level for a family of three; and
(5) There is a work and education slot
  available from the limited number of slots the department has available.
When calculating the individual's level of participation for the number
	 of work hours required under §
										67:10:06:06, the department shall
	 count as hours worked the number of credit hours the individual is taking, the
	 number of classroom hours the individual attends, or a combination of credit
	 hours and classroom hours, up to a maximum of 15 hours. Consistent, unexcused
	 absences from class or work shall result in the penalties established in §
										67:10:06:20.
Within ten calendar days after the individual receives a copy of the
	 grades earned for the semester just completed, the individual must provide a
	 copy of the grades to the department. Failure to meet the 2.5 cumulative
	 grade-point average required under SDCL
	 28-7A-22, results in ineligibility
	 for the combined work and education activity.
For purposes of calculating the 24-month limit established in SDCL
	 28-7A-20, the department shall
	 count those months in which the individual receives a TANF benefit and is a
	 full-time student for more than one-half of the month. In addition, the
	 department shall count those months during which the individual participated in
	 vocational training under the provisions of §
										67:10:06:13.
General Authority:
SDCL
		28-7A-3,
		28-7A-10,
		28-7A-11,
		28-7A-24.
Law Implemented:
SDCL
		28-7A-3,
		28-7A-10,. 28-7A-11, 28-7A-20,
		28-7A-23.
Federal poverty level, §
											67:11:01:03.
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:10 - Temporary assistance to needy families › Chapter 67:10:06 - Work provisions › Section 67:10:06:16 - Work activities - Satisfactory attendance at secondary school or in a course of study leading to a certificate of general equivalence

Current through Register Vol. 51, page 10, July 15, 2024
Participation in secondary school or course of study is a required
	 activity for an unmarried parent who is under the age of 20, is caring for a
	 child who is at least 12 weeks old, and has not obtained a high school diploma
	 or a high school equivalency diploma. The teen parent must maintain
	 satisfactory attendance in accordance with the requirements of the secondary
	 school or course of study.
General Authority:
SDCL
		28-7A-3(1)(2)(3)(4)(12),
		28-7A-10.
Law Implemented:
SDCL
		28-7A-3(1)(2)(3)(4)(12),
		28-7A-10.
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) (August 22, 1996).
No assistance for teenage parents not living in adult-supervised
		settings, Pub. L. No. 104-193, § 403 (a)(5) (110 Stat. 2136) (August 22, 1996).
Protective payee for minor parent not living with parent, legal
		guardian, or adult relative, §
											67:10:07:06.
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:10 - Temporary assistance to needy families › Chapter 67:10:06 - Work provisions › Section 67:10:06:18 - Support services - Payment

Current through Register Vol. 51, page 10, July 15, 2024
The department shall pay for support services if payment for the
	 services is not available from another source. The support service must aid the
	 individual in resolving problems that interfere with the individual's
	 employment. Support services include items such as the following:
(1) Transportation;
(2) Relocation;
(3) Interview expenses;
(4) Minor medical expenses not covered under
  article 67:16;
(5) Clothing related
  to training or employment;
(6)
  Tools or equipment related to employment;
(7) Limited counseling;
(8) Job-related education; and
(9) Rent and utilities.
An individual applying for assistance is ineligible for assistance for
	 three months if the department pays for a support service and the individual
	 subsequently withdraws the application for assistance.
If an emergency forces the family to reapply for assistance before the
	 three-month period of ineligibility has expired, the individual must repay the
	 amount of the support service payment. The department shall prorate the
	 repayment over a three-month period and deduct the amount of the repayment from
	 the individual's assistance payment.
General Authority:
SDCL
		28-7A-3(1)(2)(3)(4),
		28-7A-10.
Law Implemented:
SDCL
		28-7A-3(1)(2)(3)(4),
		28-7A-10.
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:10 - Temporary assistance to needy families › Chapter 67:10:06 - Work provisions › Section 67:10:06:19 - Participation required before payment if deprivation based on unemployment

Current through Register Vol. 51, page 10, July 15, 2024
If an assistance unit's deprivation is based on unemployment, the
	 parents must meet the work participation requirements contained in §
									67:10:06:06 before a cash
	 assistance payment is mailed to the assistance unit. A payment made under the
	 provisions of this rule is mailed on the last working day of the
	 month.
General Authority:
SDCL
		28-7A-3(1)(2)(3)(4),
		28-7A-10.
Law Implemented:
SDCL
		28-7A-3(1)(2)(3)(4),
		28-7A-10.
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:10 - Temporary assistance to needy families › Chapter 67:10:06 - Work provisions › Section 67:10:06:21 - Penalty if child fails to participate

Current through Register Vol. 51, page 10, July 15, 2024
The department shall reduce the assistance unit's grant if any of the
	 following occurs:
(1) A dependent
  child fails to attend school;
(2) A
  dependent child who is 16 or 17 years old, is not exempt from the work
  requirements, and fails to sign and complete a personal responsibility plan;
  or
(3) A dependent child who is 16
  or 17 years old, is not exempt from the work requirements, and fails to comply
  with the requirements of the personal responsibility plan.
The amount of the grant reduction is $50 a month for each child
	 affected, up to a maximum of $150 a month. The penalty continues until the
	 child complies with the requirements.
General Authority:
SDCL
		28-7A-3(1)(2)(3)(4)(5),
		28-7A-10,
		28-7A-11.
Law Implemented:
SDCL
		28-7A-3(1)(2)(3)(4)(5),
		28-7A-10,
		28-7A-11.
Work activities -- Exemption criteria, §
											67:10:06:07.
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:10 - Temporary assistance to needy families › Chapter 67:10:06 - Work provisions › Section 67:10:06:22 - Penalty for failing to comply - Applicant

Current through Register Vol. 51, page 10, July 15, 2024
The department shall deny assistance for an applicant who fails to
	 abide by the personal responsibility agreement or who fails to comply with the
	 activities contained in the personal responsibility plan before assistance is
	 approved.
General Authority:
SDCL
		28-7A-3(1)(2)(3)(4)(5),
		28-7A-10,
		28-7A-11.
Law Implemented:
SDCL
		28-7A-3(1)(2)(3)(4)(5),
		28-7A-10,
		28-7A-11.
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:10 - Temporary assistance to needy families › Chapter 67:10:06 - Work provisions › Section 67:10:06:23 - Penalty for failing to comply - Parent

Current through Register Vol. 51, page 10, July 15, 2024
If a parent fails to abide by the personal responsibility agreement or
	 fails to comply with the activities contained in the personal responsibility
	 plan, the department shall implement the following penalties:
(1) For the first occurrence, the department
  shall give the parent a written warning that continued noncompliance shall
  result in reduced assistance and possible case closure;
(2) For the second occurrence, the department
  shall reduce the assistance unit's cash assistance by 50 percent for one month.
  If the parent continues to be noncompliant, the department shall close the case
  in the month following the month the assistance was reduced; and
(3) For any subsequent occurrence, the
  assistance unit is disqualified for one month and must reapply for assistance.
If the reason for the noncompliance is the parent's failure to keep a
	 school age child in school, the penalty contained in §
										67:10:06:21
	 applies.
General Authority:
SDCL
		28-7A-3(1)(2)(3)(4)(5),
		28-7A-10,
		28-7A-11.
Law Implemented:
SDCL
		28-7A-3(1)(2)(3)(4)(5),
		28-7A-10,
		28-7A-11.
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:10 - Temporary assistance to needy families › Chapter 67:10:06 - Work provisions › Section 67:10:06:24 - Penalty for refusing to accept employment or additional hours or terminating employment or reducing hours

Current through Register Vol. 51, page 10, July 15, 2024
If an applicant refuses to accept employment or additional hours of
	 employment, terminates employment, or reduces hours of employment without good
	 cause within the 60 days preceding the date of application, the assistance unit
	 is ineligible for assistance. The period of ineligibility is limited to a
	 maximum of 60 days from the date:
(1)
  Employment was terminated;
(2) An
  offer of employment was refused;
(3) Employment hours were reduced;
  or
(4) The applicant refused to
  accept additional hours of employment.
If a recipient refuses to accept employment or additional hours of
	 employment, terminates employment, or reduces hours of employment without good
	 cause within 30 days prior to the date the application or report form is
	 received by the department, the assistance unit is ineligible for assistance.
	 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
	 67:10:10 are met. The department shall apply this penalty at any time if a
	 report is made by the department employment specialist or Department of Labor
	 and Regulation employment specialist following the notice requirements in
	 chapter 67:10:10.
In either case, the length of the penalty expires if the applicant or
	 recipient secures employment with comparable hours and earnings or is no longer
	 living in the home.
The assistance unit must make a new application for assistance when the
	 penalty period expires, the applicant or recipient secures employment with
	 comparable earnings, or the applicant or recipient is no longer living in the
	 home.
General Authority:
SDCL
		28-7A-3(1)(2)(3)(4)(5),
		28-7A-10,
		28-7A-11.
Law Implemented:
SDCL
		28-7A-3(1)(2)(3)(4)(5),
		28-7A-10,
		28-7A-11.
Good cause for refusing to accept employment or additional hours,
		§
											67:10:06:26.
Good cause for terminating employment or reducing hours of
		employment, §
											67:10:06:27.