reglab/statecodes huggingface dataset:
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:13 - Supplemental nutrition assistance program › Chapter 67:13:01 - Supplemental nutrition assistance program › Section 67:13:01:10 - Suspension of eligibility when net income exceeds standard

Current through Register Vol. 51, page 10, July 15, 2024
The department shall certify a household with three or more members
	 which is entitled to no benefits because 30 percent of its net income is equal
	 to or greater than the thrifty food plan amount for the household size but
	 shall suspend its participation.
General Authority:
SDCL 28-12-1.
Law Implemented:
SDCL 28-12-1; 78 Stat. 703 (1964) as
		amended; 91 Stat. 958 (1977) as amended;
		7 U.S.C. §§
												2011-
		2027, inclusive; 46 Fed. Reg.
		44,725 (September 4, 1981).
Eligibility and benefits for household with three or more members
		entitled to no benefits, 7
		C.F.R. §
												273.10
		(e)(2)(ii)(C)(iii).
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:13 - Supplemental nutrition assistance program › Chapter 67:13:01 - Supplemental nutrition assistance program › Section 67:13:01:11 - Calculation of household's allotment

Current through Register Vol. 51, page 10, July 15, 2024
To determine a household's supplemental nutrition assistance allotment,
	 calculate 30 percent of the household's net income, round the answer up to the
	 next highest dollar, and subtract the rounded amount from the appropriate
	 thrifty food plan amount.
General Authority:
SDCL 28-12-1.
Law Implemented:
SDCL 28-12-1; 78 Stat. 703 (1964) as
		amended; 91 Stat. 958 (1977) as amended;
		7 U.S.C. §§
												2011-
		2027,
		inclusive.
Rounding procedures,
		7 C.F.R. §
												273.10
		(e)(2)(ii)(A).
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:13 - Supplemental nutrition assistance program › Chapter 67:13:01 - Supplemental nutrition assistance program › Section 67:13:01:14 and 67:13:01:15 - Child in foster care not household member - May be boarder.Repealed

Current through Register Vol. 51, page 10, July 15, 2024
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:13 - Supplemental nutrition assistance program › Chapter 67:13:01 - Supplemental nutrition assistance program › Section 67:13:01:16 - Categorical eligibility

Current through Register Vol. 51, page 10, July 15, 2024
A household is considered to be categorically eligible for the
	 supplemental nutrition assistance program if the household meets one of the
	 following conditions:
(1) All of the
  household members are receiving or are authorized to receive Supplemental
  Security Income (SSI);
(2) All of
  the household members are receiving or are authorized to receive TANF
  benefits;
(3) The household's TANF
  case was closed within the last 12 months;
(4) All of the household members are
  receiving or are authorized to receive tribal TANF benefits;
(5) The household is comprised of individuals
  all of whom are receiving or are authorized to receive either TANF or SSI
  benefits;
(6) The household's
  tribal TANF case was closed within the last three months;
(7) The household's TANF benefits were
  diverted because the household qualified for support services under the
  provisions of §
									67:10:06:18 during the last 12
  months; and
(8) At least one
  household member receives childcare benefits under the provisions of article
  67:47.
General Authority:
SDCL
		28-12-1.
Law Implemented:
SDCL
		28-12-1.
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:13 - Supplemental nutrition assistance program › Chapter 67:13:01 - Supplemental nutrition assistance program › Section 67:13:01:17.01 - Thrifty food plan - American Recovery and Reinvestment Act of 2009 increase. Repealed

Current through Register Vol. 51, page 10, July 15, 2024
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:13 - Supplemental nutrition assistance program › Chapter 67:13:02 - Employment and training › Section 67:13:02:01 - Required participation

Current through Register Vol. 51, page 10, July 15, 2024
Only those households residing in Minnehaha and Pennington counties
	 must participate in the supplemental nutrition assistance employment and
	 training program.
General Authority:
SDCL 28-12-1.
Law Implemented:
SDCL
		28-12-1.
Requirements for participation,
		7 C.F.R.
		273.7
		(c)(4)(vi).
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:13 - Supplemental nutrition assistance program › Chapter 67:13:02 - Employment and training › Section 67:13:02:02 - Affidavit requirement

Current through Register Vol. 51, page 10, July 15, 2024
Unless otherwise exempt under subdivision 67:13:02:07(1), an individual
	 must sign an affidavit stating that the individual will meet the following
	 criteria:
(1) Will accept employment,
  if offered;
(2) Will provide the
  department or its representative with the information necessary to determine
  the individual's employment status;
(3) Will provide the department or its
  representative with the information necessary to determine the individual's job
  availability;
(4) Will continue
  employment, if hired; and
(5) Will
  not voluntarily reduce the individual's employment hours or quit employment
  without good cause.
General Authority:
SDCL 28-12-1.
Law Implemented:
SDCL
		28-12-1.
Good cause criteria,
		7 C.F.R. §
												273.7 (n)(3).
Penalties for failing or refusing to participate, §
											67:13:02:15.
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:13 - Supplemental nutrition assistance program › Chapter 67:13:02 - Employment and training › Section 67:13:02:04 - Refusal to register

Current through Register Vol. 51, page 10, July 15, 2024
Households otherwise eligible but who refuse to sign the affidavit
	 required by §
									67:13:02:02 are not eligible for
	 supplemental nutrition assistance.
General Authority:
SDCL
		28-12-1.
Law Implemented:
SDCL
		28-12-1.
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:13 - Supplemental nutrition assistance program › Chapter 67:13:02 - Employment and training › Section 67:13:02:07 - Exemptions from employment and training

Current through Register Vol. 51, page 10, July 15, 2024
The department or its representative shall exempt an individual from
	 participating in employment and training if the individual meets any of the
	 following conditions:
(1) Is exempt
  under the provisions of 7
  USCA §
										2015(d)(2),
  August 22, 1996;
(2) Is a full-time
  volunteer serving under the volunteers in service to America (VISTA)
  program;
(3) Is a refugee or other
  eligible alien who is enrolled in the jobs links program;
(4) Is at least four months pregnant;
  or
(5) Is participating in the
  tribal work experience program (TWEP) administered by the Bureau of Indian
  Affairs.
General Authority:
SDCL
		28-12-1.
Law Implemented:
SDCL
		28-12-1.
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:13 - Supplemental nutrition assistance program › Chapter 67:13:02 - Employment and training › Section 67:13:02:08 - Employment and training components

Current through Register Vol. 51, page 10, July 15, 2024
If the individual is not exempt from participation in employment and
	 training, the department or its representative shall assign the individual to
	 one of the following employment and training components:
(1) Job search searching for work;
(2) Job search assistance training in areas
  such as goal setting, self-assessment, interviewing techniques, and self-image
  development and may include mandatory participation in programs such as job
  skills assessment, job find clubs, training in techniques for employability,
  job placement services, job retention skills, or other training or educational
  programs to expand the individuals job search abilities or
  employability;
(3) Other secondary
  education secondary education geared to improving the individual's
  employability by helping the individual achieve basic literacy needed to secure
  unsubsidized employment. Other secondary education includes participation in
  high school, alternative high school, or courses designed to assist the
  individual complete a GED or improve the individual's reading or math
  skills;
(4) Skill training training
  geared to improving the participant's employability for high-demand
  occupations. Skill training targets the needs of the sponsoring
  employers;
(5) Unsubsidized work
  work funded entirely by the employer without the use of a federal or state
  supplement;
(6) On-the-job training
  placement of an individual into a permanent job where the employer trains the
  individual; or
(7) Community work
  supervised work experience or training, or both, that enables the individual to
  move into regular private or public employment.
General Authority:
SDCL
		28-12-1.
Law Implemented:
SDCL
		28-12-1.
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:13 - Supplemental nutrition assistance program › Chapter 67:13:02 - Employment and training › Section 67:13:02:09 - Requirements - Job search component

Current through Register Vol. 51, page 10, July 15, 2024
At the department's or its representative's request, an individual
	 placed into the job search component must provide a written report of the job
	 contacts made. The individual must sign and date the report.
The job search contacts must meet the following criteria:
(1) The contacts must be made in person with
  the hiring authority;
(2) The
  contacts must be made with employers who normally have jobs suited for the
  individual; and
(3) The contacts
  may not be duplicated during the job search period without approval from the
  department or its representative.
General Authority:
SDCL
		28-12-1.
Law Implemented:
SDCL
		28-12-1.
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:13 - Supplemental nutrition assistance program › Chapter 67:13:02 - Employment and training › Section 67:13:02:10.01 - Requirements - Other secondary education

Current through Register Vol. 51, page 10, July 15, 2024
Before an individual may be assigned to the other secondary education
	 component, the Department of Labor and Regulation must determine that the
	 individual has the potential to obtain a GED or high school diploma, or has the
	 potential to complete a course designed to improve the individual's math or
	 reading skills.
General Authority:
SDCL
		28-12-1.
Law Implemented:
SDCL
		28-12-1.
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:13 - Supplemental nutrition assistance program › Chapter 67:13:02 - Employment and training › Section 67:13:02:10.02 - Requirements - Unsubsidized work

Current through Register Vol. 51, page 10, July 15, 2024
If an individual is participating in the unsubsidized work component
	 and is employed less than 30 hours a week in unsubsidized work, the department
	 may require the individual to participate in other employment and training
	 components.
General Authority:
SDCL
		28-12-1.
Law Implemented:
SDCL
		28-12-1.
Employment and training components, §
											67:13:02:08.
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:13 - Supplemental nutrition assistance program › Chapter 67:13:02 - Employment and training › Section 67:13:02:10.03 - Requirements - Community work

Current through Register Vol. 51, page 10, July 15, 2024
Community work sites may not provide any positions that result in
	 replacing existing employees with individuals participating in the community
	 work component.
The individual participating in the community work component is not
	 considered an employee of the job site and is not paid by either the job site
	 or the state.
General Authority:
SDCL
		28-12-1.
Law Implemented:
SDCL
		28-12-1.
Payments available for employment and training components, §
											67:13:02:12.
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:13 - Supplemental nutrition assistance program › Chapter 67:13:02 - Employment and training › Section 67:13:02:12 - Payments available for employment and training components

Current through Register Vol. 51, page 10, July 15, 2024
The department may make the following payments to individuals
	 participating in employment and training:
(1) Job search: an individual may receive a
  $25 payment as reimbursement for expenses related to the individual's job
  search activities if the individual successfully completes the job search
  requirements;
(2) Job search
  assistance: an individual may receive a $15 payment as reimbursement for
  expenses related to the individual's participation in job search assistance
  programs if the individual successfully completes the job search assistance
  component;
(3) Community work: an
  individual may receive a $25 payment as reimbursement for expenses related to
  the individual's participation in the community work component.
The total monthly payment made to the individual under the provisions
	 of this section may not exceed $25.
General Authority:
SDCL
		28-12-1.
Law Implemented:
SDCL
		28-12-1.
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:13 - Supplemental nutrition assistance program › Chapter 67:13:02 - Employment and training › Section 67:13:02:13 - Number of required work hours - Community work

Current through Register Vol. 51, page 10, July 15, 2024
An individual participating in the community work component must work a
	 minimum number of hours to maintain eligibility. The number of hours the
	 individual must work is determined by dividing the household's supplemental
	 nutrition assistance allotment by the federal minimum hourly
	 wage.
General Authority:
SDCL
		28-12-1.
Law Implemented:
SDCL
		28-12-1.
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:13 - Supplemental nutrition assistance program › Chapter 67:13:02 - Employment and training › Section 67:13:02:15 - Penalties for failing or refusing to participate

Current through Register Vol. 51, page 10, July 15, 2024
If the individual is required to participate in employment and training
	 and fails or refuses to comply with the employment and training requirements of
	 this chapter, the individual is ineligible for supplemental nutrition
	 assistance according to the following schedule: for the first occurrence, one
	 month; for the second occurrence, six months; and for the third and subsequent
	 occurrences, 12 months.
The department shall apply these same penalties if any of the following
	 situations occur:
(1) The Department
  of Labor and Regulation employment and training staff reports the recipient
  quit a job or voluntarily reduced job hours without good cause;
(2) The applicant quit a job or voluntarily
  reduced job hours without good cause within 60 days prior to or during the
  application month;
(3) The
  recipient quit a job or voluntarily reduced job hours without good cause within
  30 days prior to or during the month the report form or recertification form is
  received by the department; or
(4)
  The individual fails to comply with the requirements contained in §
									67:13:02:02.
General Authority:
SDCL
		28-12-1.
Law Implemented:
SDCL
		28-12-1.
Deadline for submitting report form, §
											67:13:03:07.
Recertification, §
											67:13:03:14.
Required participation, §
											67:13:02:01.
Geographical exemptions, §
											67:13:02:02.
Exemptions from employment and training, §
											67:13:02:07.
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:13 - Supplemental nutrition assistance program › Chapter 67:13:03 - Budgeting › Section 67:13:03:01 - Definitions

Current through Register Vol. 51, page 10, July 15, 2024
Terms used in this chapter mean:
(1) "ABAWD," an able-bodied adult without
  dependants at least age 18 and under age 50, who is not working at least 20
  hours a week, not pregnant, and not responsible for a child under age 18 in
  that individual's supplemental nutrition assistance program
  household;
(2) "Community support
  provider congregate facility," a public or private nonprofit residential
  setting serving no more than 16 residents that is certified under regulations
  issued in accordance with section 1616(e) of the Social Security Act as amended
  to July 1, 2009;
(3) "Expedited
  service," an action that allows verifications other than identity to be
  postponed for one or two months for faster benefit delivery;
(4) "Issuance month," the calendar month for
  which an allotment is issued;
(5)
  "Prospective budgeting," "prospectively," the computation used in determining a
  household's supplemental nutrition assistance allotment which is based on the
  best estimate of income and circumstances which will exist in that month;
  and
(6) "TANF," the temporary
  assistance to needy families program established in article 67:10.
General Authority:
SDCL 28-12-1.
Law Implemented:
SDCL 28-12-1; 78 Stat. 703 (1964) as
		amended; 91 Stat. 958 (1977) as amended;
		7 U.S.C. §§
												2011-
		2027,
		inclusive.
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:13 - Supplemental nutrition assistance program › Chapter 67:13:03 - Budgeting › Section 67:13:03:03 - Determining eligibility and allotment

Current through Register Vol. 51, page 10, July 15, 2024
The department shall determine a household's supplemental nutrition
	 assistance eligibility and allotment prospectively.
General Authority:
SDCL 28-12-1.
Law Implemented:
SDCL 28-12-1; 78 Stat. 703 (1964) as
		amended; 91 Stat. 958 (1977) as amended;
		7 U.S.C. §§
												2011-
		2027,
		inclusive.
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:13 - Supplemental nutrition assistance program › Chapter 67:13:03 - Budgeting › Section 67:13:03:03.01 - Determining household size

Current through Register Vol. 51, page 10, July 15, 2024
For the initial month, determination of household size shall be based
	 on members of the household at the time of case approval. For subsequent
	 months, a household size adjustment is made starting the month following the
	 month the change is reported and is based on the number of household members on
	 the first day of the month.
The provisions of §
									67:13:03:21 must also be applied
	 before household size adjustments are made after the initial
	 month.
General Authority:
SDCL 28-12-1.
Law Implemented:
SDCL 28-12-1; 78 Stat. 703 (1964) as
		amended; 91 Stat. 958 (1977) as amended;
		7 U.S.C. §§
												2011-
		2027,
		inclusive.
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:13 - Supplemental nutrition assistance program › Chapter 67:13:03 - Budgeting › Section 67:13:03:03.02 - Boarder

Current through Register Vol. 51, page 10, July 15, 2024
An individual is considered a boarder if the individual pays a
	 household for lodging and a reasonable monthly payment for meals. A boarder is
	 considered to be making a reasonable monthly payment for meals if the household
	 provides more than two meals a day and the boarder pays an amount that equals
	 or exceeds a full month's supplemental nutrition assistance allotment for the
	 applicable size of the boarder's household, or if the household provides up to
	 two meals a day and the boarder pays an amount that equals or exceeds
	 two-thirds of the full monthly supplemental nutrition assistance allotment for
	 the applicable size of the boarder's household.
General Authority:
SDCL
		28-12-1.
Law Implemented:
SDCL
		28-12-1.
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:13 - Supplemental nutrition assistance program › Chapter 67:13:03 - Budgeting › Section 67:13:03:03.03 - Boarder considered

Current through Register Vol. 51, page 10, July 15, 2024
If a boarder pays a reasonable monthly payment for meals, the boarder
	 is not considered when determining the household's supplemental nutrition
	 assistance eligibility or benefit amount. If the boarder does not pay a
	 reasonable monthly payment for meals, the boarder is considered a household
	 member when determining the household's eligibility and benefit
	 amount.
General Authority:
SDCL 28-12-1.
Law Implemented:
SDCL
		28-12-1.
Allowable costs of producing self-employment income,
		7 C.F.R. §
												273.11 (b)(3)(ii).
Boarder, §
											67:13:03:03.02.
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:13 - Supplemental nutrition assistance program › Chapter 67:13:03 - Budgeting › Section 67:13:03:07 - Deadline for submitting report form

Current through Register Vol. 51, page 10, July 15, 2024
The department shall furnish each household with a report form within 6
	 months following the date of application or recertification. The household
	 shall complete, sign, and return the report form to the department by the 20th
	 of the month in which the form was mailed to the household. A report form is
	 considered timely if it is postmarked by the 20th of the month.
A report form is considered incomplete if it is returned unsigned, does
	 not contain all of the information requested, or does not have the necessary
	 verifications attached.
The recipient may preserve the right to be considered eligible for
	 assistance if the recipient files a completed report before the end of the
	 issuance month.
A household is exempt from meeting the requirements of this section if
	 the requirements of §
									67:13:03:08 are
	 met.
General Authority:
SDCL 28-12-1.
Law Implemented:
SDCL 28-12-1; 78 Stat. 703 (1964) as
		amended; 91 Stat. 958 (1977) as amended;
		7 U.S.C. §§
												2011-
		2027,
		inclusive.
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:13 - Supplemental nutrition assistance program › Chapter 67:13:03 - Budgeting › Section 67:13:03:08 - Households exempt from completing a report form

Current through Register Vol. 51, page 10, July 15, 2024
The following are exempt from the report form requirements in §
									67:13:03:07:
(1) Households in which all adult members are
  either at least 60 years of age or disabled if there is no countable income
  earned in the household; and
(2)
  Blind or disabled individuals residing in a community support provider
  congregate facility.
General Authority:
SDCL 28-12-1.
Law Implemented:
SDCL 28-12-1; 78 Stat. 703 (1964) as
		amended; 91 Stat. 958 (1977) as amended;
		7 U.S.C. §§
												2011-
		2027,
		inclusive.
Definition of disabled and group living arrangement,
		7 C.F.R. §
												271.2.
SSI payments to individuals living in non-medical residential
		facilities, Section 1616(e) of the Social Security
		Act.
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:13 - Supplemental nutrition assistance program › Chapter 67:13:03 - Budgeting › Section 67:13:03:09 - Assistance terminated if report form not received on time

Current through Register Vol. 51, page 10, July 15, 2024
If the department does not receive the completed report form required
	 under §
									67:13:03:07 on time, the
	 department shall terminate the household's benefits. The department shall send
	 a notice to the household informing it of the action taken. The notice must
	 reach the household no later than the date the household would have received
	 its benefits. The household may preserve the right to have continued
	 eligibility determined by filing a completed report before the end of the
	 issuance month.
General Authority:
SDCL 28-12-1.
Law Implemented:
SDCL 28-12-1; 78 Stat. 703 (1964) as
		amended; 91 Stat. 958 (1977) as amended;
		7 U.S.C. §§
												2011-
		2027,
		inclusive.
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:13 - Supplemental nutrition assistance program › Chapter 67:13:03 - Budgeting › Section 67:13:03:09.01 - Grace period if report form not received on time - Food stamp allotment - Household residing on reservation land. Repealed

Current through Register Vol. 51, page 10, July 15, 2024
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:13 - Supplemental nutrition assistance program › Chapter 67:13:03 - Budgeting › Section 67:13:03:10 - Income considered

Current through Register Vol. 51, page 10, July 15, 2024
When determining a household's allotment, the department shall consider
	 the household's prospective earned, unearned, or averaged
	 income.
General Authority:
SDCL 28-12-1.
Law Implemented:
SDCL 28-12-1; 78 Stat. 703 (1964) as
		amended; 91 Stat. 958 (1977) as amended;
		7 U.S.C. §§
												2011-
		2027,
		inclusive.
Income and deductions,
		7 C.F.R. §
												273.21
		(g)(2).
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:13 - Supplemental nutrition assistance program › Chapter 67:13:03 - Budgeting › Section 67:13:03:10.01 - Income received from boarder

Current through Register Vol. 51, page 10, July 15, 2024
If a boarder pays a reasonable monthly payment to the household for
	 meals, the department shall consider as earned, self-employment income to the
	 household the amount paid by the boarder that exceeds the full month's
	 supplemental nutrition assistance allotment for the applicable size of the
	 boarder's household.
General Authority:
SDCL
		28-12-1.
Law Implemented:
SDCL
		28-12-1.
Boarder, §
											67:13:03:03.02;
Boarder considered, §
											67:13:03:03.03.
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:13 - Supplemental nutrition assistance program › Chapter 67:13:03 - Budgeting › Section 67:13:03:10.02 - Considerations made when ineligible alien is present in household

Current through Register Vol. 51, page 10, July 15, 2024
If a supplemental nutrition assistance household contains an ineligible
	 alien, the department shall consider the ineligible alien's presence in the
	 household according to the following:
(1) When determining the household's
  supplemental nutrition assistance allotment, the alien may not be
  included;
(2) When determining the
  household's resources, include the alien's resources. The maximum resource
  allowance is limited to $2,000 regardless of whether the alien is 60 years of
  age or older or is a person with a disability;
(3) When determining the household's income,
  the household must meet both the gross income and the net income eligibility
  levels regardless of whether the alien is disabled or 60 years of age or
  older;
(4) When determining the
  household's income, include all of the alien's income except a pro-rata share
  for the alien. To determine the pro-rata share, divide the alien's income by
  the number of household members, including the alien. The result is the
  pro-rata share. Subtract a pro-rata share for the alien and count the
  remainder; and
(5) When determining
  the household's deductions, include all of the alien's allowable child support,
  shelter, and dependent care expenses paid by or billed to the alien except a
  pro-rata share for the alien. To determine the pro-rata share, divide the
  alien's deductions by the number of household members, including the alien. The
  result is the pro-rata share for the alien. Subtract the alien's pro-rata share
  and count the remainder.
General Authority:
SDCL 28-12-1.
Law Implemented:
SDCL
		28-12-1.
Maximum allowable resources,
		7 C.F.R. §
												273.8 (b).
Income exclusions, 7 C.F.R. §
												273.9
		(c).
Ineligible aliens, 7 C.F.R. §
												273.11
		(c)(3).
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:13 - Supplemental nutrition assistance program › Chapter 67:13:03 - Budgeting › Section 67:13:03:10.03 - Income exempt from consideration

Current through Register Vol. 51, page 10, July 15, 2024
In addition to the income considered to be exempt under the provisions
	 of 7 C.F.R. §
										273.9(c), (January 1, 2002),
	 the following income is considered unavailable to meet the household's needs
	 and is exempt from consideration:
(1)
  A charitable donation or assistance from a business, organization, agency,
  community endeavor, or church that is intended and used for purposes other than
  the household's basic month-to-month needs. If the income is used to meet the
  household's basic needs and is the result of a nonrecurring situation, the
  donation is considered as a lump sum resource;
(2) Student financial assistance such as Pell
  grants, supplemental educational opportunity grants, state student incentive
  grants, college work study, Perkins loans, guaranteed student loans,
  scholarships, veterans' educational benefits, Bureau of Indian Affairs deferred
  loans, and all other types of Bureau of Indian Affairs educational
  income;
(3) An amount up to $100
  that is received by a member of the household in the form of a gift received as
  a result of a recurring occasion such as a birthday or Christmas. A gift
  received by one member of the household without evidence that it is intended
  for the entire household is divided in a way that is most financially
  advantageous to the household if the recipient claims the gift is intended for
  the entire household; and
(4)
  Interest income from a source other than a trust.
General Authority:
SDCL 28-12-1.
Law Implemented:
SDCL
		28-12-1.
Simplified definition of income, Pub. L. 107-171, § 4102 (116 stat. 306).
Income excluded in computing household income,
		7 U.S.C. §
												2014(d).
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:13 - Supplemental nutrition assistance program › Chapter 67:13:03 - Budgeting › Section 67:13:03:11 - Verification of dependent care costs required

Current through Register Vol. 51, page 10, July 15, 2024
Households claiming dependent care costs shall attach a verification of
	 these costs. If verification is not submitted, the department shall continue
	 the supplemental nutrition assistance eligibility and allotment determination
	 without benefit of the change in dependent care costs.
General Authority:
SDCL 28-12-1.
Law Implemented:
SDCL 28-12-1; 78 Stat. 703 (1964) as
		amended; 91 Stat. 958 (1977) as amended;
		7 U.S.C. §§
												2011-
		2027,
		inclusive.
Required verification,
		7 C.F.R. §
												273.21 (i).
State agency action on reports,
		7 C.F.R. §
												273.21
		(j).
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:13 - Supplemental nutrition assistance program › Chapter 67:13:03 - Budgeting › Section 67:13:03:12 - Suspension after initial month of eligibility

Current through Register Vol. 51, page 10, July 15, 2024
The department shall suspend a household's issuance for one month if
	 the household becomes temporarily ineligible due to a periodic increase in
	 recurring income is not expected to continue into the subsequent month. If the
	 suspended household does not become eligible one month after the suspension,
	 the household's case shall be closed.
General Authority:
SDCL 28-12-1.
Law Implemented:
SDCL 28-12-1; 78 Stat. 703 (1964) as
		amended; 91 Stat. 958 (1977) as amended;
		7 U.S.C. §§
												2011-
		2027,
		inclusive.
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:13 - Supplemental nutrition assistance program › Chapter 67:13:03 - Budgeting › Section 67:13:03:13 - Certification period

Current through Register Vol. 51, page 10, July 15, 2024
The certification period may not exceed 12 months.
General Authority:
SDCL 28-12-1.
Law Implemented:
SDCL 28-12-1; 78 Stat. 703 (1964) as
		amended; 91 Stat. 958 (1977) as amended;
		7 U.S.C. §§
												2011-
		2027,
		inclusive.
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:13 - Supplemental nutrition assistance program › Chapter 67:13:03 - Budgeting › Section 67:13:03:14 - Recertification

Current through Register Vol. 51, page 10, July 15, 2024
The department shall provide each household with a recertification form
	 prior to the expiration of the household's certification period. During the
	 recertification period the household shall complete, sign, and return the
	 regular report form required under §
									67:13:03:07.
General Authority:
SDCL 28-12-1.
Law Implemented:
SDCL 28-12-1; 78 Stat. 703 (1964) as
		amended; 91 Stat. 958 (1977) as amended;
		7 U.S.C. §§
												2011-
		2027,
		inclusive.
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:13 - Supplemental nutrition assistance program › Chapter 67:13:03 - Budgeting › Section 67:13:03:17 - Exclusion of vehicle owned by a child

Current through Register Vol. 51, page 10, July 15, 2024
When determining supplemental nutrition assistance eligibility, the
	 department excludes the equity value of a vehicle owned by a household member
	 who is a child who is at least 14 years of age and under 18 years of age, if
	 the child uses the vehicle for education, employment, or looking for
	 employment. The exclusion is limited to one vehicle for each child meeting
	 these criteria. The trade-in value of the vehicle is counted if the vehicle
	 does not meet any other vehicle resource exclusion
	 exemptions.
General Authority:
SDCL
		28-12-1.
Law Implemented:
SDCL
		28-12-1.
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:13 - Supplemental nutrition assistance program › Chapter 67:13:03 - Budgeting › Section 67:13:03:20 - Exclusion of household's primary vehicle

Current through Register Vol. 51, page 10, July 15, 2024
When determining supplemental nutrition assistance eligibility, the
	 department shall exclude one primary vehicle for the household. If the
	 household has more than one vehicle, the exclusion of the remaining vehicles
	 must follow the requirements of
	 7 C.F.R. §
										273.8 (e)(3), as amended to
	 January 1, 2009.
General Authority:
SDCL
		28-12-1.
Law Implemented:
SDCL
		28-12-1.
Exclusion of vehicle owned by a child, §
											67:13:03:17.
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:13 - Supplemental nutrition assistance program › Chapter 67:13:03 - Budgeting › Section 67:13:03:21 - Eligibility and allotment determination

Current through Register Vol. 51, page 10, July 15, 2024
The department shall determine supplemental nutrition assistance
	 eligibility and the amount of assistance based on the most recently reported
	 information if the change in income or circumstances is obtained from one of
	 the following:
(1) The application,
  recertification, or report form completed by the household;
(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;
(5) A hearing decision, including a decision
  establishing an intentional program violation;
(6) A department employment specialist, a
  Department of Labor employment specialist, or a Department of Labor
  supplemental nutrition assistance employment and training
  representative;
(7) Report of
  refusal to cooperate as specified in §
									67:13:03:22;
(8) The household reports their gross income
  exceeds the maximum gross income as identified in
  7 C.F.R. §
										273.10 (e)(4) based on
  household size and living arrangements;
(9) The household requests their case
  closed;
(10) A member of the
  household applies for supplemental nutrition assistance in another state on
  their own behalf or with another assistance unit in the state;
(11) The household reports moving
  out-of-state or the postal service returns mail indicating a household 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;
(14) An
  eligible ABAWD working at least 20 hours a week who discontinues that
  employment or whose work hours are reduced to less than 20 hours a
  week;
(15) An eligible ABAWD who
  has received three months of eligibility in the allowed 36 month period and is
  no longer eligible;
(16) Postponed
  verification was received due to expedited service;
(17) The household, 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;
(18) The household's
  TANF grant has changed or stopped;
(19) Public Assistance Reporting Information
  System (PARIS); or
(20) Information
  is received indicating an individual in the household is residing in an
  institution for a period longer than 30 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 allotment amount.
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 67:13 - Supplemental nutrition assistance program › Chapter 67:13:03 - Budgeting › Section 67:13:03:22 - Individual to supply necessary information

Current through Register Vol. 51, page 10, July 15, 2024
In addition to requirements contained in SDCL
	 28-7A-6, an individual must
	 provide the department with the necessary verifications to establish initial or
	 continuing eligibility or information necessary for federal reporting
	 requirements or quality control efforts. Failure or refusal to supply the
	 necessary information results in the denial of an application or the
	 termination of current benefits.
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 67:13 - Supplemental nutrition assistance program › Chapter 67:13:04 - Disqualifications and collections › Section 67:13:04:03 - Time limit for establishing inadvertent or agency error claims

Current through Register Vol. 51, page 10, July 15, 2024
The department may take action to establish a claim against a household
	 that received an overissuance due to an inadvertent household or agency error
	 only if 12 months or less have elapsed between the month the overissuance
	 occurred and the month the department discovered the
	 overissuance.
General Authority:
SDCL 28-12-1.
Law Implemented:
SDCL 28-12-1; 78 Stat. 703 (1964) as
		amended; 91 Stat. 958 (1977) as amended;
		7 U.S.C. §
												2011-
		2027,
		inclusive.
Criteria for establishing inadvertent household and agency error
		claims, 7 C.F.R. §
												273.18
		(b).
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:13 - Supplemental nutrition assistance program › Chapter 67:13:04 - Disqualifications and collections › Section 67:13:04:04 - Hearing waiver

Current through Register Vol. 51, page 10, July 15, 2024
An individual accused of committing an intentional program violation
	 may waive the right to an administrative disqualification hearing for the first
	 and second violations. An individual who waives this right is ineligible to
	 participate in the program. The department shall establish the period of
	 ineligibility according to the following:
(1) If the intentional program violation
  occurred before September 23, 1996, and it is the individual's first violation,
  6 months;
(2) If the intentional
  program violation occurred before September 23, 1996, and it is the
  individual's second violation, 12 months;
(3) If the intentional program violation
  occurred after September 22, 1996, and it is the individual's first violation,
  12 months; and
(4) If the
  intentional program violation occurred after September 22, 1996, and it is the
  individual's second violation, 24 months.
A hearing waiver may not be used for a third
	 violation.
General Authority:
SDCL 28-12-1.
Law Implemented:
SDCL 28-12-1; 78 Stat. 703 (1964) as
		amended; 91 Stat. 958 (1977) as amended;
		7 U.S.C. §
												2011-
		2027,
		inclusive.
Waiver requirements,
		7 C.F.R. §
												273.16 (f)(1)(ii);
		Disqualification penalties, 7
		C.F.R. §
												273.16
		(b).
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:13 - Supplemental nutrition assistance program › Chapter 67:13:04 - Disqualifications and collections › Section 67:13:04:05 - Disqualification consent agreement

Current through Register Vol. 51, page 10, July 15, 2024
An individual accused of committing an intentional program violation
	 may sign a disqualification consent agreement if the department's claim against
	 the individual has been referred for prosecution and the decision concerning
	 guilt has been delayed because the individual has either met the terms of a
	 court order or has met the terms of an agreement with the prosecutor.
An individual who signs a disqualification consent agreement shall be
	 ineligible to participate in the program. The department shall establish the
	 period of ineligibility according to the following:
(1) If the intentional program violation
  occurred before September 23, 1996, and it is the individual's first violation,
  6 months;
(2) If the intentional
  program violation occurred before September 23, 1996, and it is the
  individual's second violation, 12 months;
(3) If the intentional program violation
  occurred after September 22, 1996, and it is the individual's first violation,
  12 months; and
(4) If the
  intentional program violation occurred after September 22, 1996, and it is the
  individual's second violation, 24 months.
A third violation results in permanent disqualification regardless of
	 when the violation occurred.
General Authority:
SDCL 28-12-1.
Law Implemented:
SDCL 28-12-1; 78 Stat. 703 (1964) as
		amended; 91 Stat. 958 (1977) as amended;
		7 U.S.C. §
												2011-
		2027,
		inclusive.
Disqualification for intentional program violation,
		7 C.F.R. §
												273.16 (a)(3);
		Disqualification penalties, 7
		C.F.R. §
												273.16
		(b).
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:13 - Supplemental nutrition assistance program › Chapter 67:13:04 - Disqualifications and collections › Section 67:13:04:06 - Claims against household when overissuance occurs

Current through Register Vol. 51, page 10, July 15, 2024
For those overissuances occurring after June 20, 1986, regardless of
	 the reason, the department may initiate a collection action against any or all
	 individuals who were adult members of the original household when the
	 overissuance occurred. However, the department may not collect more than the
	 amount of the claim.
General Authority:
SDCL 28-12-1.
Law Implemented:
SDCL 28-12-1, Pub. L. No. 99-198,
		§ 1533, 99 Stat. 1583.
Claims against households,
		7 C.F.R. §
												273.18 (a).
Claims when change in household composition exists,
		7 C.F.R. §
												273.18 (f).
Effective dates for provisions, 51 Fed. Reg. 18,744 (May 21,
		1986).
Implementation, 51 Fed. Reg. 18,749 (May 21,
		1986).
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:13 - Supplemental nutrition assistance program › Chapter 67:13:04 - Disqualifications and collections › Section 67:13:04:07 - Postponement of scheduled disqualification hearing

Current through Register Vol. 51, page 10, July 15, 2024
An individual accused of committing an intentional program violation is
	 entitled to one postponement of a scheduled disqualification hearing. The
	 request for postponement shall be made at least 10 days before the scheduled
	 hearing. The hearing may not be postponed for more than 30
	 days.
General Authority:
SDCL 28-12-1.
Law Implemented:
SDCL 28-12-1; 78 Stat. 703 (1964) as
		amended; 91 Stat. 958 (1977) as amended;
		7 U.S.C. §
												2011-
		2027,
		inclusive.
Hearing postponements,
		7 C.F.R. §
												273.16
		(e)(2)(iv).
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:13 - Supplemental nutrition assistance program › Chapter 67:13:04 - Disqualifications and collections › Section 67:13:04:08 - Renegotiation of claims

Current through Register Vol. 51, page 10, July 15, 2024
If a household fails to make a payment according to the repayment
	 schedule negotiated between the household and the department, the household may
	 request renegotiation. If settlement cannot be reached, the state shall
	 automatically reduce the household's supplemental nutrition assistance
	 allotment for repayment.
General Authority:
SDCL 28-12-1.
Law Implemented:
SDCL 28-12-1; 78 Stat. 703 (1964) as
		amended; 91 Stat. 958 (1977) as amended;
		7 U.S.C. §§
												2011-
		2027,
		inclusive.
Failure to reach settlement in renegotiation -- Allotment reduction,
		7 C.F.R. §
												273.18
		(g)(2)(iii)(C).
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:13 - Supplemental nutrition assistance program › Chapter 67:13:04 - Disqualifications and collections › Section 67:13:04:09 - Calculating budget and benefit levels if household sanctioned by or disqualified from TANF

Current through Register Vol. 51, page 10, July 15, 2024
If the household is receiving TANF and the TANF grant is closed because
	 a household member failed to perform a required action, the individual who
	 failed to perform the required action is not counted when determining the
	 household size. The department shall consider that individual's income,
	 resources, and allowable expenses when calculating the household's supplemental
	 nutrition assistance budget. This provision applies until the TANF
	 disqualification period has ended.
If the household is receiving TANF and the TANF grant is reduced
	 because a household member failed to perform a required action, the department
	 shall consider the full TANF grant, without benefit of the reduction, when
	 calculating the household's income.
If the household is applying for supplemental nutrition assistance
	 benefits but is currently disqualified from TANF because a household member
	 failed to perform a required action, the household may participate in the
	 supplemental nutrition assistance program without a penalty.
If the household had a TANF application pending but was disqualified
	 for TANF because a household member failed to perform a required action while
	 the TANF application was pending, the household may participate in the
	 supplemental nutrition assistance program without a penalty.
General Authority:
SDCL 28-12-1.
Law Implemented:
SDCL
		28-12-1.
Reduction of public assistance benefits,
		7 C.F.R. §
												273.11 (j).
TANF work requirements, ch
		67:10:06.
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:14 - Child protection services › Chapter 67:14:01 - General eligibility standards › Section 67:14:01:01.02 - Scope of chapter

Current through Register Vol. 51, page 10, July 15, 2024
Rules contained in this chapter apply to article 67:14 unless
	 otherwise specifically indicated.
General Authority:
SDCL
		28-8-28.
Law Implemented:
SDCL
		28-8-28.
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:14 - Child protection services › Chapter 67:14:01 - General eligibility standards › Section 67:14:01:03.01 - Services may have varying eligibility criteria

Current through Register Vol. 51, page 10, July 15, 2024
The department may establish distinct eligibility criteria for the
	 different services available.
General Authority:
SDCL
		28-8-28.
Law Implemented:
SDCL
		28-8-28.