reglab/statecodes huggingface dataset:
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:12 - Assistance payments › Chapter 67:12:11 › Section 67:12:11:09

Current through Register Vol. 51, page 10, July 15, 2024
General Authority:
SDCL
		28-1-50.
Law Implemented:
SDCL
		28-1-47.
Refugee Act of 1980, Pub. L. No. 96-212, 94 Stat. 115.
Receipt of assistance while attending educational or training
		program, §
											67:12:11:13.
Determination of incapacity by disability/incapacity consultation
		team, §
											67:12:01:40.
Definitions, §
											67:12:01:01.
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:12 - Assistance payments › Chapter 67:12:11 › Section 67:12:11:09.01

Current through Register Vol. 51, page 10, July 15, 2024
General Authority:
SDCL
		28-1-50.
Law Implemented:
SDCL
		28-1-47.
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:12 - Assistance payments › Chapter 67:12:11 › Section 67:12:11:11.01

Current through Register Vol. 51, page 10, July 15, 2024
General Authority:
SDCL
		28-1-50.
Law Implemented:
SDCL
		28-1-47.
Refugee Act of 1980, Pub. L. No. 96-212, 94 Stat. 115; Period of
		ineligibility for refusal to comply, §
											67:12:11:11.03.
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:12 - Assistance payments › Chapter 67:12:11 › Section 67:12:11:11.03

Current through Register Vol. 51, page 10, July 15, 2024
General Authority:
SDCL
		28-1-50.
Law Implemented:
SDCL
		28-1-47.
Refugee Act of 1980, Pub. L. No. 96-212, 94 Stat. 115; Effects of
		termination on household, §
											67:12:11:11.01.
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:12 - Assistance payments › Chapter 67:12:11 › Section 67:12:11:12

Current through Register Vol. 51, page 10, July 15, 2024
General Authority:
SDCL
		28-1-50.
Law Implemented:
SDCL
		28-1-47.
Refugee Act of 1980, Pub. L. No. 96-212, 94 Stat.
		115.
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:12 - Assistance payments › Chapter 67:12:11 › Section 67:12:11:13

Current through Register Vol. 51, page 10, July 15, 2024
General Authority:
SDCL
		28-1-50.
Law Implemented:
SDCL
		28-1-47.
Refugee Act of 1980, Pub. L. No. 96-212, 94 Stat. 113.
Criteria for determining appropriate training, §
											67:12:11:08.02.
Employable refugee -- Exemptions from accepting work or training,
		§
											67:12:11:09.
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:12 - Assistance payments › Chapter 67:12:12 - Dependent children foster care › Section 67:12:12:01 - Eligibility for AFDC foster care

Current through Register Vol. 51, page 10, July 15, 2024
Applicants for AFDC foster care funds must meet the following
	 criteria:
(1) The child must have been
  removed from the home of the child's parent, parents, or specified relative, as
  provided in | 67:12:01:27, as a result of court action which determined that
  being in the home was contrary to the child's welfare for any reason. A child
  removed from the child's home as a result of court action must also meet the
  criterion established in either (a) or (b) as follows:
(a) The child was living with a specified
  relative and was a recipient of AFDC benefits during the month the court action
  was initiated or would have been eligible to receive AFDC had an application
  been made; or
(b) The child not
  living with a specified relative during the month of initial court action must
  have been living with a specified relative as defined in §
										67:12:01:27 during any period of
  time within six months prior to the month of initial court action. If the
  specified relative requirement is met, the child must also meet all other
  eligibility requirements which would have been required during the month of
  initial court action;
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:12 - Assistance payments › Chapter 67:12:12 - Dependent children foster care › Section 67:12:12:01.01 - Department to develop plan for alternative care and services

Current through Register Vol. 51, page 10, July 15, 2024
When a child has been removed from the home of a specified relative as
	 a result of court action, the department or the public agency under contract
	 shall develop a plan for alternative care and services as follows:
(1) Making available emergency
  care;
(2) Improving conditions in
  the home from which the child was removed;
(3) Providing for the placement and care of
  the child in another departmentally approved home; or
(4) Proceeding with plans for the adoption of
  the child.
General Authority:
SDCL 28-7-2.
Law Implemented:
SDCL 28-7-14,
		28-7-17.
Specific degree of relationship between child and parent or
		relative, §
											67:12:01:27; AFDC foster care,
		45 C.F.R. §
												233.110
		(a).
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:12 - Assistance payments › Chapter 67:12:12 - Dependent children foster care › Section 67:12:12:01.02 - Termination of parental rights not deprivation

Current through Register Vol. 51, page 10, July 15, 2024
A court order terminating parental rights shall not qualify as a
	 deprivation factor as defined in chapter 67:12:01 for the purpose of
	 establishing initial eligibility for AFDC foster care
	 benefits.
General Authority:
SDCL 28-7-2.
Law Implemented:
SDCL
		28-7-1.
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:12 - Assistance payments › Chapter 67:12:12 - Dependent children foster care › Section 67:12:12:02 - Redetermination of deprivation for continued eligibility

Current through Register Vol. 51, page 10, July 15, 2024
In making a redetermination of deprivation of parental care or support
	 for the purpose of determining continued eligibility for AFDC foster care, a
	 recipient shall meet either of the following requirements:
(1) The recipient must meet eligibility
  criteria as established in chapter 67:12:01; or
(2) A court order has terminated parental
  rights during the period the recipient was receiving AFDC foster care
  benefits.
General Authority:
SDCL 28-7-2.
Law Implemented:
SDCL
		28-7-18.
Application, determination of eligibility and furnishing of
		assistance, 45 C.F.R. §
												206.10
		(a)(9).
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:12 - Assistance payments › Chapter 67:12:12 - Dependent children foster care › Section 67:12:12:04 - Periodic review of eligibility

Current through Register Vol. 51, page 10, July 15, 2024
Eligibility for AFDC foster care shall be reviewed as often as
	 circumstances dictate but not less than every six months.
General Authority:
SDCL 28-7-2.
Law Implemented:
SDCL
		28-7-18.
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:12 - Assistance payments › Chapter 67:12:12 - Dependent children foster care › Section 67:12:12:05 - Foster care rates

Current through Register Vol. 51, page 10, July 15, 2024
The standard rates of payment for family foster care shall be
	 determined by OCYFS in cooperation with the office of assistance payments,
	 pursuant to articles 67:12 and 67:14. The payments shall cover cost of
	 maintenance, such as food and its preparation, housing, clothing, personal
	 needs, allowances, and routine supervision. For short-term group home care and
	 family foster care, which may be less than a month, reimbursement shall be
	 prorated according to days in placement. Group care rates shall be determined
	 by the department. Such group rates shall include maintenance and service
	 costs.
General Authority:
SDCL 28-7-2.
Law Implemented:
SDCL
		28-7-9.
Reimbursement for family foster care, group care, and residential
		care, §
											67:14:31:26.
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:12 - Assistance payments › Chapter 67:12:13 - Repatriate program › Section 67:12:13:01 - Qualifications for temporary assistance to eligible U. S. citizen returning from foreign countries

Current through Register Vol. 51, page 10, July 15, 2024
The department shall provide temporary assistance to eligible U. S.
	 citizens and their dependents returning from foreign countries if:
(1) The individual is a citizen of the United
  States or a dependent of a citizen of the United States;
(2) A written statement has been transmitted
  to the department by an authorized official of the Department of State,
  containing information which identifies the individual as having returned to
  the United States because of destitution, illness, war, threat of war,
  invasion, or similar crisis; and
(3) The individual is without resources
  immediately accessible to meet needs.
General Authority:
SDCL 28-1-50.
Law Implemented:
SDCL
		28-1-48.
Pub. L. No. 94-44 (June 28, 1975);
		42 U.S.C. §
												1313 (October,
		1975).
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:12 - Assistance payments › Chapter 67:12:13 - Repatriate program › Section 67:12:13:02 - Eligibility factors for repatriated citizens and their dependents

Current through Register Vol. 51, page 10, July 15, 2024
Upon application, assistance payments and Medicaid shall be provided to
	 any eligible person identified in Pub. L. No. 94-44 who is eligible for
	 assistance through the AFDC program as provided in this article with the
	 exception that the age requirements and deprivation of
parental support shall be waived.
General Authority:
SDCL
		28-1-50.
Law Implemented:
SDCL
		28-1-48.
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:12 - Assistance payments › Chapter 67:12:13 - Repatriate program › Section 67:12:13:03 - Limits for financial and Medicaid assistance through Title XIX program

Current through Register Vol. 51, page 10, July 15, 2024
Temporary assistance to an eligible recipient may be furnished for a
	 period not to exceed 90 days following arrival in the United States, unless the
	 recipient is determined by the state disability/incapacity consultation team to
	 be a disabled individual, as defined in subdivision 67:16:18:02(5), or is
	 incapable of attaining self-support because of such factors as, but not
	 necessarily limited to, age, disability, or lack of vocational preparation. In
	 such cases, assistance may be continued for a period not to exceed 9 additional
	 months upon prior authorization by the department.
General Authority:
SDCL
		28-1-50.
Law Implemented:
SDCL
		28-1-48.
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:12 - Assistance payments › Chapter 67:12:13 - Repatriate program › Section 67:12:13:04 - Income and resources

Current through Register Vol. 51, page 10, July 15, 2024
Assistance shall be provided to eligible applicants or recipients under
	 Pub. L. No. 94-44 (June 28, 1975), who are eligible under the income and
	 resource limitations of the AFDC program under this article. The amount of
	 assistance shall be determined pursuant to the rules governing the AFDC
	 program, except as provided in §
									67:12:13:02.
General Authority:
SDCL
		28-1-50.
Law Implemented:
SDCL
		28-1-48.
Pub. L. No. 94-44 (June 28,
		1975).
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:12 - Assistance payments › Chapter 67:12:13 - Repatriate program › Section 67:12:13:05 - Duty to report changes in circumstances

Current through Register Vol. 51, page 10, July 15, 2024
Eligible recipients who receive temporary assistance shall report
	 changes in circumstances in accordance with rules governing the AFDC program
	 under this article.
General Authority:
SDCL
		28-1-50.
Law Implemented:
SDCL
		28-1-48.
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:12 - Assistance payments › Chapter 67:12:13 - Repatriate program › Section 67:12:13:06 - Review of eligibility

Current through Register Vol. 51, page 10, July 15, 2024
Recipients of emergency assistance under Pub. L. No. 94-44 (June 28,
	 1975) shall be reviewed monthly in order to determine continued eligibility and
	 extent of entitlement.
General Authority:
SDCL
		28-1-50.
Law Implemented:
SDCL
		28-1-48.
Pub. L. No. 94-44 (June 28,
		1975).
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:12 - Assistance payments › Chapter 67:12:13 - Repatriate program › Section 67:12:13:07 - Repayment of temporary assistance

Current through Register Vol. 51, page 10, July 15, 2024
A recipient of temporary assistance must repay, according to the
	 recipient's ability, any or all assistance unless recovery is deemed
	 inadvisable based on the criteria defined in
	 45 C.F.R. §
										212.7 (October 1, 1974).
General Authority:
SDCL 28-1-50.
Law Implemented:
SDCL
		28-1-48.
45 C.F.R. §
												212.7 (October 1,
		1974).
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:12 - Assistance payments › Chapter 67:12:14 - Optional state supplemental program › Section 67:12:14:01 - Definitions

Current through Register Vol. 51, page 10, July 15, 2024
Terms used in this chapter mean:
(1) "In-kind support and maintenance," any
  support or maintenance, such as room, board, and clothing necessary for an
  individual to maintain a normal sustenance;
(2) "Other income," any earned or unearned
  income except SSI and in-kind support and maintenance which may include but is
  not limited to wages from employment, social security retirement, survivors and
  disability benefits, black lung disability income, lease income, veterans
  administration compensation, railroad retirement benefits, veterans pensions,
  and employment related pensions such as civil service or private
  pensions;
(3) Repealed;
(4) "Child," any individual who is neither
  married nor the head of the household and who is either under the age of 18 or
  under the age of 22 and a student regularly attending a school, college, or
  university designed to prepare the individual for gainful employment;
(5) "Institutionalized individual," a person
  who is living in an institution, as defined in 20 C.F.R. § 416.231, and is
  receiving treatment and services which are appropriate to the person's
  requirements; and
(6) "Optional
  state supplemental program," a supplemental payment to recipients of the SSI
  program as defined in chapter 204, SL 1978.
General Authority:
SDCL 28-1-50.
Law Implemented:
SDCL 28-5A-1,
		28-1-49.
42 U.S.C.A.
		§§
												1381 -
		1383(c);
		Limitation on eligibility due to institutional status, 20 C.F.R. §
		416.231.
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:12 - Assistance payments › Chapter 67:12:14 - Optional state supplemental program › Section 67:12:14:02 - Eligibility requirements for optional state program

Current through Register Vol. 51, page 10, July 15, 2024
A person must meet all the following criteria to be eligible to receive
	 benefits under the optional state supplemental program:
(1) The person is receiving SSI and may be
  receiving in-kind income;
(2) The
  person is an adult of at least 18 years of age and not in school;
(3) The person is a resident of South Dakota;
  and
(4) The person has independent
  living arrangements, such as a home, apartment, hotel room, or room in a
  boarding house, or resides in the household of another who provides in-kind
  support or maintenance. Institutionalized individuals or couples living in
  adult foster care or assisted living arrangements are not eligible.
General Authority:
SDCL
		28-1-50.
Law Implemented:
SDCL
		28-5A-1,
		28-1-49.
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:12 - Assistance payments › Chapter 67:12:14 - Optional state supplemental program › Section 67:12:14:03 - Termination of optional supplemental payment

Current through Register Vol. 51, page 10, July 15, 2024
The optional supplemental payment shall be discontinued in the month
	 the department is notified of one or more of the following:
(1) The person is no longer receiving SSI
  benefits;
(2) The person is
  receiving other income in addition to SSI benefits;
(3) The person is no longer in an independent
  living arrangement as defined in subdivision 67:12:14:02(4);
(4) The person has died;
(5) The person has left South Dakota;
  or
(6) The person requests that the
  payment be discontinued.
General Authority:
SDCL
		28-1-50.
Law Implemented:
SDCL
		28-5A-1,
		28-1-49.
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:12 - Assistance payments › Chapter 67:12:14 - Optional state supplemental program › Section 67:12:14:04 - Payment of the optional supplement

Current through Register Vol. 51, page 10, July 15, 2024
Persons eligible for the state optional supplemental program shall
	 receive benefits at a rate approved by the department based on the annual
	 appropriation by the state Legislature. The first payment shall be made in the
	 month the department receives notification from the Social Security
	 Administration that a person is currently receiving SSI payments and meets the
	 eligibility requirements of §
									67:12:14:02. Optional supplemental
	 benefits may be paid retroactive to the month of initial SSI eligibility if the
	 client is otherwise eligible, but no retroactive payment may be made for any
	 month prior to the first month of the current state fiscal
	 year.
General Authority:
SDCL
		28-1-50.
Law Implemented:
SDCL
		28-5A-1,
		28-1-49.
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:12 - Assistance payments › Chapter 67:12:14 - Optional state supplemental program › Section 67:12:14:05 - Death of recipient

Current through Register Vol. 51, page 10, July 15, 2024
In the event a recipient of benefits under this chapter dies after
	 midnight of the first day of the month in which the recipient was eligible to
	 receive an optional supplemental payment, the department shall make
	 arrangements that the final optional supplemental payment shall be paid
	 directly to the deceased recipient's personal representative.
General Authority:
SDCL
		28-1-50.
Law Implemented:
SDCL
		28-5A-1,
		28-1-49.
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:12 - Assistance payments › Chapter 67:12:14 - Optional state supplemental program › Section 67:12:14:06 - Notice of eligibility

Current through Register Vol. 51, page 10, July 15, 2024
The department shall notify persons of their entitlement for benefits
	 under this chapter by way of a notice of eligibility which shall accompany the
	 first optional supplemental payment to the individual.
General Authority:
SDCL
		28-1-50.
Law Implemented:
SDCL
		28-5A-1,
		28-1-49.
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:12 - Assistance payments › Chapter 67:12:14 - Optional state supplemental program › Section 67:12:14:07 - Notice of termination

Current through Register Vol. 51, page 10, July 15, 2024
A notice of termination of the optional supplemental payment shall be
	 sent to a recipient at least 10 days prior to the date the recipient would
	 normally receive the payment.
General Authority:
SDCL
		28-1-50.
Law Implemented:
SDCL
		28-5A-1,
		28-1-49.
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:12 - Assistance payments › Chapter 67:12:14 - Optional state supplemental program › Section 67:12:14:08 - Determination of eligibility for retroactive payments

Current through Register Vol. 51, page 10, July 15, 2024
A departmental determination of a client's eligibility for retroactive
	 payment of benefits under this chapter shall be made whenever such a
	 determination is requested by a client. The department and client shall be
	 jointly responsible for the development of facts needed to establish
	 retroactive eligibility. No retroactive payment may be made for any month prior
	 to the first month of the current state fiscal year.
General Authority:
SDCL
		28-1-50.
Law Implemented:
SDCL
		28-5A-1,
		28-1-49.
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:12 - Assistance payments › Chapter 67:12:14 - Optional state supplemental program › Section 67:12:14:09 - Payment of retroactive benefits

Current through Register Vol. 51, page 10, July 15, 2024
Payment of retroactive benefits as determined under §
									67:12:14:08 should be made in the
	 month following the month that retroactive eligibility is
	 established.
General Authority:
SDCL
		28-1-50.
Law Implemented:
SDCL
		28-5A-1,
		28-1-49.
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:12 - Assistance payments › Chapter 67:12:14 - Optional state supplemental program › Section 67:12:14:10 - Social security "pass-on" increases

Current through Register Vol. 51, page 10, July 15, 2024
Social security cost-of-living increases in which there is a "pass-on"
	 provision stipulated by the federal government shall be disregarded for
	 purposes of the mandatory and optional supplementary security income
	 program.
General Authority:
SDCL
		28-1-50.
Law Implemented:
SDCL
		28-1-49.
Optional state supplemental program, ch
		67:12:14.
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:12 - Assistance payments › Chapter 67:12:14 - Optional state supplemental program › Section 67:12:14:11 - Suspension of optional supplemental payment during SSI appeal

Current through Register Vol. 51, page 10, July 15, 2024
The department shall suspend a person appealing an SSI decision to
	 close the person's case from the optional supplement program. When SSI
	 eligibility is reestablished, the person may request retroactive optional
	 supplemental payments from the department. Retroactive payments will date back
	 to the time of suspension if the suspension is within the current state fiscal
	 year. No retroactive payment may be made for any month before the first month
	 of the current state fiscal year.
General Authority:
SDCL
		28-1-50.
Law Implemented:
SDCL
		28-1-49.
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:12 - Assistance payments › Chapter 67:12:15 - Dependent care › Section 67:12:15:01 - Definition of dependent care services

Current through Register Vol. 51, page 10, July 15, 2024
Dependent care services under this chapter are limited to those care
	 services for a child or an incapacitated adult necessitated by one of the
	 following situations:
(1) The
  recipient caretaker relative is employed;
(2) The recipient caretaker relative is
  participating in JOBS training or a JOBS training-related activity which is
  expected to last less than 30 days; or
(3) The recipient caretaker relative is
  participating under the provisions of § 67:12:21:08 in an activity other
  than employment which is expected to last less than 30 days.
The 30-day limit contained in subdivisions (2) and (3) of this section
	 does not apply when the dependent care services are for an incapacitated
	 adult.
Dependent care services cover only those times during which the
	 recipient caretaker relative is unavailable to care for the child or
	 incapacitated adult because of employment, participation in JOBS training,
	 participation in a JOBS training-related activity, or participation in an
	 activity other than employment under § 67:12:21:08. Dependent care
	 services include the time the child or incapacitated adult is in care while the
	 caretaker relative travels to and from the employment, training, or service
	 site.
A JOBS-related activity includes job search services and job
	 interviews.
General Authority:
SDCL 28-7-2.
Law Implemented:
SDCL
		28-7-4.
Dependent care disregard from earnings -- Employed caretaker
		relatives, §
											67:12:05:21.
Dependent care limits -- Caretaker relative in certain activities,
		§
											67:12:15:02.
Definitions, § 67:12:09:00.
Approved training -- State JOBS participant, §
		67:12:09:11.04.
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:12 - Assistance payments › Chapter 67:12:15 - Dependent care › Section 67:12:15:04 - Required verification of dependent care costs - Disregard from earnings

Current through Register Vol. 51, page 10, July 15, 2024
The actual dependent care costs of an employed caretaker relative must
	 be verified. Verification must be on a form provided by the department. The
	 form must be completed and signed by the provider. The form must be signed by
	 the caretaker relative and returned to the department within the same time
	 limits established for the submission of the monthly report form.
A form lacking the information needed to determine the amount of the
	 dependent care disregard or missing any of the required signatures is
	 considered incomplete. Failure to return the form or submission of an
	 incomplete form affects only the dependent care disregard.
General Authority:
SDCL 28-7-2.
Law Implemented:
SDCL
		28-7-4.
Completed monthly report form required, §
											67:12:06:34; Dependent care
		disregard from earnings -- Employed caretaker relatives §
											67:12:05:21.
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:12 - Assistance payments › Chapter 67:12:15 - Dependent care › Section 67:12:15:05 - Computing disregarded dependent care cost

Current through Register Vol. 51, page 10, July 15, 2024
For a recipient caretaker relative who is employed full time throughout
	 the budget month, the disregarded dependent care cost is the amount actually
	 paid by the caretaker, not to exceed $175 a month for each dependent age two or
	 over or $200 a month for each dependent under age two.
For a recipient caretaker relative who is employed part time throughout
	 the budget month, the disregarded dependent care cost is the amount actually
	 paid by the caretaker, not to exceed $174 a month for each dependent age two or
	 over or $199 a month for each dependent under age two.
Charges for dependent care must include all costs associated with the
	 care, such as transportation, meals, and snacks furnished by the
	 provider.
Dependent care services are limited to those care services provided for
	 the care of a dependent child or an incapacitated adult who is living in the
	 home and who is receiving AFDC.
Dependent care services do not include those care services provided by
	 the dependent child's parent or caretaker relative.
General Authority:
SDCL 28-7-2.
Law Implemented:
SDCL
		28-7-4.
Dependent care disregard from earnings -- Employed caretaker
		relatives, §
											67:12:05:21.
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:12 - Assistance payments › Chapter 67:12:15 - Dependent care › Section 67:12:15:08 - Supplemental amount

Current through Register Vol. 51, page 10, July 15, 2024
If the charges and actual amount paid for dependent care services
	 necessitated by the recipient caretaker relative's employment is greater than
	 the maximum dependent care disregard allowed in §
									67:12:15:05, the department shall
	 pay a supplemental amount to the caretaker relative. To determine the
	 supplemental amount payable, calculate the dependent care payment using the
	 written verification method contained in §
									67:12:15:02 and subtract the
	 disregard allowed according to §
									67:12:15:05. The difference is the
	 supplemental amount payable.
General Authority:
SDCL 28-7-2.
Law Implemented:
SDCL
		28-7-4.
Supplemental payment, 45 C.F.R. § 255.3
		(f)(2).
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:12 - Assistance payments › Chapter 67:12:17 - Transitional medical benefits (Repealed) › Section 67:12:17:01

Current through Register Vol. 51, page 10, July 15, 2024
General Authority:
SDCL 28-7-2.
Law Implemented:
SDCL
		28-7-4.
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:12 - Assistance payments › Chapter 67:12:17 - Transitional medical benefits (Repealed) › Section 67:12:17:02

Current through Register Vol. 51, page 10, July 15, 2024
General Authority:
SDCL 28-7-2.
Law Implemented:
SDCL
		28-7-4.
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:12 - Assistance payments › Chapter 67:12:17 - Transitional medical benefits (Repealed) › Section 67:12:17:03

Current through Register Vol. 51, page 10, July 15, 2024
General Authority:
SDCL 28-7-2.
Law Implemented:
SDCL
		28-7-4.
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:12 - Assistance payments › Chapter 67:12:17 - Transitional medical benefits (Repealed) › Section 67:12:17:04

Current through Register Vol. 51, page 10, July 15, 2024
General Authority:
SDCL 28-7-2.
Law Implemented:
SDCL
		28-7-4.
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:12 - Assistance payments › Chapter 67:12:17 - Transitional medical benefits (Repealed) › Section 67:12:17:05

Current through Register Vol. 51, page 10, July 15, 2024
General Authority:
SDCL 28-7-2.
Law Implemented:
SDCL
		28-7-4.
Determination of family's average monthly gross earnings, §
											67:12:17:08; Determining family
		size, §
											67:12:17:10.
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:12 - Assistance payments › Chapter 67:12:17 - Transitional medical benefits (Repealed) › Section 67:12:17:06

Current through Register Vol. 51, page 10, July 15, 2024
General Authority:
SDCL 28-7-2.
Law Implemented:
SDCL
		28-7-4.
TMB eligibility during second six months, §
											67:12:17:05; Determining family's
		child care costs, §
											67:12:17:09.
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:12 - Assistance payments › Chapter 67:12:17 - Transitional medical benefits (Repealed) › Section 67:12:17:07

Current through Register Vol. 51, page 10, July 15, 2024
General Authority:
SDCL 28-7-2.
Law Implemented:
SDCL
		28-7-4.
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:12 - Assistance payments › Chapter 67:12:17 - Transitional medical benefits (Repealed) › Section 67:12:17:08

Current through Register Vol. 51, page 10, July 15, 2024
General Authority:
SDCL 28-7-2.
Law Implemented:
SDCL
		28-7-4.
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:12 - Assistance payments › Chapter 67:12:17 - Transitional medical benefits (Repealed) › Section 67:12:17:09

Current through Register Vol. 51, page 10, July 15, 2024
General Authority:
SDCL 28-7-2.
Law Implemented:
SDCL
		28-7-4.
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:12 - Assistance payments › Chapter 67:12:17 - Transitional medical benefits (Repealed) › Section 67:12:17:10

Current through Register Vol. 51, page 10, July 15, 2024
General Authority:
SDCL 28-7-2.
Law Implemented:
SDCL
		28-7-4.
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:12 - Assistance payments › Chapter 67:12:17 - Transitional medical benefits (Repealed) › Section 67:12:17:14

Current through Register Vol. 51, page 10, July 15, 2024
General Authority:
SDCL 28-7-2.
Law Implemented:
SDCL
		28-7-4.
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:12 - Assistance payments › Chapter 67:12:17 - Transitional medical benefits (Repealed) › Section 67:12:17:15

Current through Register Vol. 51, page 10, July 15, 2024
General Authority:
SDCL 28-7-2.
Law Implemented:
SDCL
		28-7-4.
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:12 - Assistance payments › Chapter 67:12:18 - Unemployed parent program › Section 67:12:18:01 - Definitions

Current through Register Vol. 51, page 10, July 15, 2024
Terms used in this chapter mean:
(1) "Principal wage earner" or "PWE," an AFDC
  household's principal wage earner determined under the provisions of §
									67:12:18:03.
(2) "Unemployment insurance" or "UI,"
  unemployment insurance benefits available through the Department of Labor;
  and
(3) "Unemployed parent program"
  or "UPP," cash and medical assistance available to certain AFDC households that
  have an unemployed parent.
General Authority:
SDCL 28-7-1.1, 28-7-2.
Law Implemented:
SDCL 28-7-1.1,
		28-7-2.
Unemployment benefits, SDCL ch 61-6; Unemployment compensation, ARSD
		art 47:06.
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:12 - Assistance payments › Chapter 67:12:18 - Unemployed parent program › Section 67:12:18:02 - Unemployed parent program available to certain AFDC households

Current through Register Vol. 51, page 10, July 15, 2024
A dependent child who would be eligible for AFDC except that the child
	 is not otherwise deprived of parental support may be eligible for assistance
	 under the unemployed parent program if the unemployed parent determined by the
	 department to be the principal wage earner meets the requirements of this
	 chapter.
General Authority:
SDCL 28-7-1.1, 28-7-2.
Law Implemented:
SDCL 28-7-1.1,
		28-7-2.
Definition of dependent child, SDCL
		28-7-1.
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:12 - Assistance payments › Chapter 67:12:18 - Unemployed parent program › Section 67:12:18:03 - Determination of principal wage earner

Current through Register Vol. 51, page 10, July 15, 2024
The parent who earned the most gross income in the 24 months
	 immediately preceding the month of application for UPP is the principal wage
	 earner. This applies regardless of when the relationship between the two
	 parents began.
If the applicant cannot secure the evidence needed by the department to
	 determine which parent is the PWE or if the earned income of both parents is
	 equal, the department shall designate the PWE based on the best evidence
	 available.
The parent designated as the PWE remains the PWE throughout the period
	 of UPP eligibility, including the period of continued medical assistance under
	 §
									67:12:18:09.
General Authority:
SDCL 28-7-1.1, 28-7-2.
Law Implemented:
SDCL 28-7-1.1,
		28-7-2.
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:12 - Assistance payments › Chapter 67:12:18 - Unemployed parent program › Section 67:12:18:04 - Criteria used to establish unemployment

Current through Register Vol. 51, page 10, July 15, 2024
The PWE is considered unemployed if one of the following exists:
(1) The PWE will be employed less than 100
  hours in the payment month; or
(2)
  The PWE will be employed more than 100 hours in the payment month but was
  employed for less than 100 hours in the two months immediately preceding the
  payment month and will be employed for less than 100 hours in the month
  following the payment month.
General Authority:
SDCL 28-7-1.1, 28-7-2.
Law Implemented:
SDCL 28-7-1.1,
		28-7-2.
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:12 - Assistance payments › Chapter 67:12:18 - Unemployed parent program › Section 67:12:18:05 - Circumstances under which a PWE is not considered unemployed

Current through Register Vol. 51, page 10, July 15, 2024
A PWE is not considered unemployed in any of the following
	 situations:
(1) The PWE is
  participating in a labor dispute;
(2) The PWE's conduct has resulted or would
  result in disqualification for UI benefits under the provisions of article
  47:06 and SDCL chapters 61-6 and 61-7; or
(3) The PWE has been or would be disqualified
  for UI benefits because of the existence of other circumstances determined
  under the provisions of article 47:06 and SDCL chapters 61-6 and
  61-7.
General Authority:
SDCL 28-7-1.1, 28-7-2.
Law Implemented:
SDCL 28-7-1.1,
		28-7-2.
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:12 - Assistance payments › Chapter 67:12:18 - Unemployed parent program › Section 67:12:18:06 - Initial eligibility

Current through Register Vol. 51, page 10, July 15, 2024
For initial eligibility for UPP, the unit must meet the other AFDC
	 requirements in this article except for the deprivation factor and the PWE must
	 meet the following criteria:
(1) The
  PWE must have been unemployed for at least 30 days preceding receipt of UPP
  benefits. The first day of the 30-day period begins with the first day of the
  calendar month in which the PWE was employed less than 100 hours;
(2) The PWE has not, without good cause,
  refused an offer of employment within the 30 days preceding receipt of UPP
  benefits;
(3) The PWE applied for
  and has accepted UI benefits;
(4)
  The PWE received or was qualified to receive UI benefits in the year preceding
  application for UPP, or the PWE has 6 or more quarters of work in a period of
  13 calendar quarters which ended in the year preceding application;
  and
(5) The PWE is available for
  employment.
Unemployment benefit determinations are made by the Department of Labor
	 under the provisions of article 47:06 and SDCL chapters 61-6 and 61-7.
For purposes of this rule, a calendar quarter of work is a period of
	 three consecutive calendar months in which an individual either received earned
	 income of not less than $50 or participated in JOBS. The calendar quarters are
	 January 1 through March 31, April 1 through June 30, July 1 through September
	 30, and October 1 through December 31.
General Authority:
SDCL 28-7-1.1, 28-7-2.
Law Implemented:
SDCL 28-7-1.1,
		28-7-2.
Deprivation of parental support or care by reason of continued
		absence from the home, §
											67:12:01:29.
Deprivation of parental support or care by reason of physical or
		mental incapacity of a parent, §
											67:12:01:39.
Incapacity based on blindness or visual impairment -- Medical
		findings required, §
											67:12:01:62.
Dependent children of unemployed parents,
		45 C.F.R. §
												233.101.
Criteria used to establish unemployment, §
											67:12:18:04.
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:12 - Assistance payments › Chapter 67:12:18 - Unemployed parent program › Section 67:12:18:07 - Continuing eligibility

Current through Register Vol. 51, page 10, July 15, 2024
For continuing eligibility for UPP, the unit must meet the following
	 conditions:
(1) The unit must continue
  to meet the requirements of this chapter;
(2) The unit must continue to meet the other
  AFDC eligibility requirements in this article;
(3) The PWE must apply for UI benefits at any
  time the benefits are available;
(4) The PWE must continue to be available for
  employment and, except for JOBS participation, may not be involved in any other
  activity that would restrict the PWE's availability to accept employment;
  and
(5) The PWE has not, without
  good cause, refused an offer of employment within the 30 days preceding receipt
  of UPP benefits.
General Authority:
SDCL 28-7-1.1, 28-7-2.
Law Implemented:
SDCL 28-7-1.1,
		28-7-2.
Assistance applicants and eligibility, ch 67:12:01.
Limitations on real property, ch 67:12:04.
Limitations on personal property, ch 67:12:05.
Budgeting, ch 67:12:06.
Protective, vendor, or two-party payments, ch 67:12:08.
Job opportunities and basic skills, ch 67:12:09.
Dependent care, ch 67:12:15.
Dependent children of unemployed parents,
		45 C.F.R. §
												233.101.
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:12 - Assistance payments › Chapter 67:12:18 - Unemployed parent program › Section 67:12:18:08 - Cash assistance limited - Family continues to be eligible for medical assistance

Current through Register Vol. 51, page 10, July 15, 2024
A family may not receive UPP cash assistance for more than 6 out of 12
	 months, including the current payment month. A family continues to be eligible
	 for medical assistance when the time limit for receiving UPP cash assistance
	 expires as long as the conditions of this chapter continue to be
	 met.
General Authority:
SDCL 28-7-1.1, 28-7-2.
Law Implemented:
SDCL 28-7-1.1,
		28-7-2.
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:12 - Assistance payments › Chapter 67:12:18 - Unemployed parent program › Section 67:12:18:09 - JOBS participation required before payment made

Current through Register Vol. 51, page 10, July 15, 2024
Before cash assistance is mailed to the family, each parent must have
	 met the JOBS participation requirements. If either has not met the JOBS
	 participation requirements, the department shall apply the sanctions contained
	 in §
									67:12:18:10 before payment is
	 made. Payment made by the department to eligible family members shall be mailed
	 on the last working day of the month.
General Authority:
SDCL 28-7-1.1, 28-7-2.
Law Implemented:
SDCL 28-7-1.1,
		28-7-2.
JOBS participation requirements, ch
		67:12:09.
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:12 - Assistance payments › Chapter 67:12:18 - Unemployed parent program › Section 67:12:18:10 - Sanctions for parents not cooperating with JOBS

Current through Register Vol. 51, page 10, July 15, 2024
Sanctions applied for refusing to participate in JOBS or refusing to
	 accept employment shall be applied for the UPP payment month. If one parent is
	 sanctioned for not cooperating with JOBS, the second parent is also sanctioned
	 even if the second parent is exempt from JOBS participation. If the second
	 parent is participating in JOBS, the sanction is applied only against the
	 parent who is not cooperating.
General Authority:
SDCL 28-7-1.1, 28-7-2.
Law Implemented:
SDCL 28-7-1.1,
		28-7-2.
Refusal to participate in JOBS or accept employment, §
		67:12:09:10; Subsequent eligibility, §
		67:12:09:11.
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 67:13:01:00 - Definitions

Current through Register Vol. 51, page 10, July 15, 2024
Terms used in this chapter mean:
(1) "Categorical eligibility," eligibility
  established for the supplemental nutrition assistance program simply because
  the individual or household is eligible for or authorized to receive benefits
  under another qualifying assistance program;
(2) "Month," a calendar month; and
(3) "TANF," the temporary assistance for
  needy families program administered under the provisions of 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.
Determination of initial month's benefits, §
											67:13:01:09.
Month of application -- Determination of eligibility and benefit
		levels, 7 C.F.R. §
												273.10 (a)(1)(i).
Categorical eligibility, §
											67:13:01:16.
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 67:13:01:02 - Standard utility allowance

Current through Register Vol. 51, page 10, July 15, 2024
The standard utility allowance includes charges to the household for
	 heating or cooling, cooking fuel, electricity, water, garbage collection,
	 sewer, and telephone. Households do not have to incur either a heating or a
	 cooling expense in every month. Only those households that are billed
	 separately from their rent or mortgage payments for heating or cooling and
	 those households that receive low income energy assistance may deduct the
	 standard utility allowance when computing the shelter expense.
Heating costs are those costs incurred from a primary source of heat,
	 such as propane, oil, and electricity.
Cooling costs are limited to either the utility costs required to
	 operate an evaporative cooling system or the electricity required to operate a
	 window air conditioner or a central air conditioning unit.
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; 43 Fed. Reg.
		47,906 (October 17, 1978).
Standard utility allowance,
		7 C.F.R. §
												273.9
		(d)(6).
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 67:13:01:03 and 67:13:01:04 - Household may switch between actual costs and standard utility allowance. 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 67:13:01:05 - Households ineligible for standard utility allowance but billed for telephone

Current through Register Vol. 51, page 10, July 15, 2024
Households not eligible for the standard utility allowance but billed
	 for a telephone are entitled to a standard telephone allowance when the shelter
	 expense is computed. These households may not deduct the actual costs for
	 telephone services.
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; 43 Fed. Reg.
		47,906 (October 17, 1978).
States to develop telephone allowance,
		7 C.F.R. §
												273.9
		(d)(6)(iv)(C).
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 67:13:01:06 - Households ineligible for standard utility allowance but billed separately for various utilities

Current through Register Vol. 51, page 10, July 15, 2024
A household that is not eligible for the standard utility allowance but
	 which incurs expenses for at least two separate types of utilities is eligible
	 for a limited utility allowance. Types of utilities considered include
	 electricity and fuel used for purposes other than heating or cooling, water,
	 sewage, telephone, or garbage collection.
A household that is not eligible for either the standard or limited
	 utility allowance but which incurs an expense for one type of utility is
	 eligible for a one-utility allowance. Types of utilities considered include
	 electricity and fuel used for purposes other than heating or cooling, water,
	 sewage, or garbage collection.
General Authority:
SDCL 28-12-1.
Law Implemented:
SDCL
		28-12-1.
Standard utility allowances,
		7 C.F.R. §
												273.9
		(d)(6)(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 67:13:01:07 and 67:13:01:08 - Application of standard utility allowance when utilities included in cost of rent. 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 67:13:01:09 - Determination of initial month's benefits

Current through Register Vol. 51, page 10, July 15, 2024
Supplemental nutrition assistance benefits for the initial month of
	 application are prorated based on the date of application. The benefit level is
	 computed as follows: subtract the date of application from 31 and multiply by
	 the full month's benefit; then divide the total by 30. Households applying on
	 the thirty-first of the month are considered as having applied on the
	 thirtieth.
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).