reglab/statecodes huggingface dataset:
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:12 - Assistance payments › Chapter 67:12:05 - Limitations on personal property › Section 67:12:05:02 - Sale, transfer, or assignment of personal property

Current through Register Vol. 51, page 10, July 15, 2024
Regulations pertinent to real property also apply to personal property.
	 These regulations cover the sale, transfer, or assignment of personal property
	 and resulting ineligibility periods.
General Authority:
SDCL 28-7-2.
Law Implemented:
SDCL
		28-7-4.
Limitations on real property, §§ 67:12:04:11 to
		67:12:04:27, inclusive.
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:12 - Assistance payments › Chapter 67:12:05 - Limitations on personal property › Section 67:12:05:05 - Maximum resource limit

Current through Register Vol. 51, page 10, July 15, 2024
For an AFDC assistance unit, the maximum resource limit is $1,000. Real
	 and personal property with an equity value of no more than $1,000 may be
	 reserved for each assistance unit.
General Authority:
SDCL 28-7-2.
Law Implemented:
SDCL
		28-7-4.
Cooperation of caretaker relative as a condition of eligibility,
		§
											67:12:01:66.
Need and amount of assistance,
		45 C.F.R. §
												233.20 (a)(3)(i)(B).
Other real property to be placed on market, §
											67:12:04:10.
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:12 - Assistance payments › Chapter 67:12:05 - Limitations on personal property › Section 67:12:05:06 - Tangible personal property considered a resource

Current through Register Vol. 51, page 10, July 15, 2024
Tangible personal property of an applicant or recipient is considered a
	 resource and valued according to its equity value with the following
	 exceptions:
(1) Household goods
  essential for day-to-day living, such as clothing, furniture, appliances,
  utensils, and similarly essential personal effects, are excluded from the
  resource limit;
(2) Items of
  unusual value such as expensive china, silver, or glassware; art works;
  oriental, Persian, and similarly expensive carpets; antiques; hobby
  collections; jewelry, excluding a personal wedding and engagement ring, made
  with precious stones or metals; and furs are included when determining the
  resource limit if the item exceeds an equity value of $500. Final determination
  of an item's value must be made by an individual, other than the applicant, who
  is familiar with and can place a value on the property; and
(3) The equity in one vehicle of no more than
  $1,500 is excluded from the resource limit as long as that vehicle is the
  assistance unit's primary mode of transportation.
General Authority:
SDCL 28-7-2.
Law Implemented:
SDCL
		28-7-4.
Maximum resource limit, §
											67:12:05:05.
Need and amount of assistance,
		45 C.F.R. §
												233.20
		(a)(3)(i)(B)(2).
Exclusion of vehicle owned by dependent child, §
											67:12:05:76.
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:12 - Assistance payments › Chapter 67:12:05 - Limitations on personal property › Section 67:12:05:07 - Bank account considered liquid asset

Current through Register Vol. 51, page 10, July 15, 2024
Money on deposit in a bank is a liquid asset whether in a checking
	 account, a savings account, or a certificate of deposit. Unless the conditions
	 of §
									67:12:05:77 apply or the applicant
	 or recipient produces clear and convincing evidence to the contrary, money held
	 in a joint account is considered available to the applicant or recipient when
	 the applicant or recipient has the power to draw on the
	 account.
General Authority:
SDCL 28-7-2.
Law Implemented:
SDCL
		28-7-4.
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:12 - Assistance payments › Chapter 67:12:05 - Limitations on personal property › Section 67:12:05:08 - Savings bond considered liquid asset

Current through Register Vol. 51, page 10, July 15, 2024
A savings bond is a liquid asset to the extent of its current value.
	 Unless the applicant or recipient produces clear and convincing evidence to the
	 contrary, a bond held in co-ownership with another shall be considered
	 available to the applicant or recipient when the applicant or recipient is the
	 actual purchaser or has the power to cash the bond.
General Authority:
SDCL 28-7-2.
Law Implemented:
SDCL
		28-7-4.
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:12 - Assistance payments › Chapter 67:12:05 - Limitations on personal property › Section 67:12:05:09 - Life insurance considered a resource

Current through Register Vol. 51, page 10, July 15, 2024
The cash value of life insurance policies shall be included as a liquid
	 resource when determining the $1,000 resource limitation.
General Authority:
SDCL 28-7-2.
Law Implemented:
SDCL
		28-7-4.
Maximum resource limit, §
											67:12:05:05; Need and amount of
		assistance, 45 C.F.R. §
												233.20
		(a)(3)(ii)(E).
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:12 - Assistance payments › Chapter 67:12:05 - Limitations on personal property › Section 67:12:05:09.01 - Prepaid burial contracts

Current through Register Vol. 51, page 10, July 15, 2024
To a maximum of $1,500, the equity value of a prepaid burial contract
	 designated for use by a member of the assistance unit shall be excluded as a
	 resource. The burial contract must meet the criteria of SDCL 55-11-1, 55-11-2,
	 and 55-11-3.
General Authority:
SDCL 28-7-2.
Law Implemented:
SDCL
		28-7-4.
Exclusion of bona fide funeral agreements,
		45 C.F.R. §
												233.20
		(a)(3)(i)(B)(4).
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:12 - Assistance payments › Chapter 67:12:05 - Limitations on personal property › Section 67:12:05:09.02 - Burial spaces excluded from resources

Current through Register Vol. 51, page 10, July 15, 2024
Burial spaces owned by the applicant or recipient may be excluded from
	 resources if they are intended for use by a member of the assistance unit. The
	 number of burial spaces excluded may not exceed the number of persons in the
	 assistance unit. Burial spaces include gravesites, crypts, mausoleums, urns or
	 other repositories, caskets, and concrete vaults.
A grave marker is part of the burial space.
General Authority:
SDCL 28-7-2.
Law Implemented:
SDCL
		28-7-4.
Exclusion of burial plot,
		45 C.F.R. §
												233.20
		(a)(3)(i)(B)(4).
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:12 - Assistance payments › Chapter 67:12:05 - Limitations on personal property › Section 67:12:05:10 - Personal property held in trust considered a resource

Current through Register Vol. 51, page 10, July 15, 2024
The department shall consider personal property held in trust as a
	 resource if the trust instrument is revocable, allows the administrator to sell
	 property subject to the trust and use the proceeds to meet the needs of any
	 member of the assistance unit, or allows the administrator to invade the
	 principal and use the principal to meet the needs of any member of the
	 assistance unit. The department shall deem a personal property trust created
	 for the purpose of rendering an applicant, recipient, or dependent child
	 eligible to receive public assistance to be a transfer resulting in
	 ineligibility. The department shall account for income received from a trust of
	 personal property in the same manner as any other income.
General Authority:
SDCL 28-7-2.
Law Implemented:
SDCL
		28-7-4.
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:12 - Assistance payments › Chapter 67:12:05 - Limitations on personal property › Section 67:12:05:12 - Earned income from business

Current through Register Vol. 51, page 10, July 15, 2024
Net earned income or profit from business is computed by subtracting
	 business expense from gross business income. Business expenses include the cost
	 of merchandise and building or equipment rental, but do not include
	 depreciation or the purchase of equipment or property. Personal expenses, such
	 as income tax, lunches, and transportation to and from work, and social
	 security tax, are not considered business expenses but are covered under the
	 standard set for earned income deductions. The earned income exemption for
	 eligible applicants or recipients as specified in §
									67:12:05:14 shall be applied to
	 the net income after the standard earned income deduction as specified in
	 §
									67:12:05:18 and the dependent care
	 disregard specified in §
									67:12:05:21.
General Authority:
SDCL 28-7-2.
Law Implemented:
SDCL
		28-7-4.
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:12 - Assistance payments › Chapter 67:12:05 - Limitations on personal property › Section 67:12:05:14 - Earned income exemption for AFDC

Current through Register Vol. 51, page 10, July 15, 2024
After the standard earned income deduction has been applied, employed
	 recipients whose financial needs are considered in the AFDC grant shall each
	 receive an earned income exemption. The amount of the earned income exemption
	 is $30 a month plus one-third of the remaining income until the exemption has
	 been applied for 4 consecutive months. For the next 8 consecutive months, the
	 exemption is $30. The 8 months are continuous regardless of whether the $30
	 exemption was or was not applied in these months.
A person who becomes ineligible for AFDC after receiving the earned
	 income exemption for 4 consecutive months, but before the 8 additional months
	 of the $30 exemption have run out is eligible for the remaining months of the
	 $30 exemption if the person returns to AFDC during that time.
The earned income exemption may not be applied again until the
	 individual has been a nonrecipient for 12 consecutive months.
General Authority:
SDCL 28-7-2.
Law Implemented:
SDCL
		28-7-4.
Earned income from business, §
											67:12:05:12.
Dependent care disregard from earnings -- Employed caretaker
		relatives, §
											67:12:05:21.
Use of earned income exemption in determining eligibility and
		computing the assistance payment, §
											67:12:05:34.
Disregard of income,
		45 C.F.R. §
												233.20 (a)(11)(i)(D) and
		45 C.F.R. §
												233.20
		(a)(11)(ii)(B).
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:12 - Assistance payments › Chapter 67:12:05 - Limitations on personal property › Section 67:12:05:15 - Reserves accumulated from earnings

Current through Register Vol. 51, page 10, July 15, 2024
Reserves accumulated from earnings shall be considered in the same
	 manner as reserves accumulated from any other source.
General Authority:
SDCL 28-7-2.
Law Implemented:
SDCL
		28-7-4.
Liquid resources excluded from liquid assets and tangible personal
		property limitations for AFDC recipients, §
											67:12:05:05.01.
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:12 - Assistance payments › Chapter 67:12:05 - Limitations on personal property › Section 67:12:05:16 - Treatment of tax refunds

Current through Register Vol. 51, page 10, July 15, 2024
Tax refunds received by an applicant or recipient shall be excluded
	 from income.
General Authority:
SDCL 28-7-2.
Law Implemented:
SDCL
		28-7-4.
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:12 - Assistance payments › Chapter 67:12:05 - Limitations on personal property › Section 67:12:05:16.01 - Treatment of earned income tax credit

Current through Register Vol. 51, page 10, July 15, 2024
Earned income tax credit received by an applicant or recipient is
	 excluded from income.
General Authority:
SDCL 28-7-2.
Law Implemented:
SDCL 28-7-4,
		28-7-9.
Treatment of earned income tax credit,
		45 C.F.R. §
												233.20
		(a)(6)(ix).
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:12 - Assistance payments › Chapter 67:12:05 - Limitations on personal property › Section 67:12:05:18 - Standard earned income deduction

Current through Register Vol. 51, page 10, July 15, 2024
The standard earned income deduction is $90. This amount must be
	 deducted from the monthly gross earned income of each employed member of the
	 assistance unit whose earned income is considered when determining the ADC
	 grant. If the individual is self-employed, the deduction must be made after the
	 allowable deductions specified in §§
									67:12:05:12 and
	 67:12:05:20. The standard earned
	 income deduction may not exceed the earnings.
The standard earned income deduction covers items such as income tax,
	 social security, lunches, transportation to and from work, and mandatory
	 insurance premiums or retirement contributions.
General Authority:
SDCL 28-7-2.
Law Implemented:
SDCL
		28-7-4.
Exemption of vocational rehabilitation training allowances, §
											67:12:05:27.
Earned income from business, §
											67:12:05:12.
Farming or other self-employment business expenses as deductions from
		income, §
											67:12:05:20.
Consideration of JOBS participant's income, §
											67:12:05:25.
Consideration of income of parent or minor parent, §
											67:12:05:52.01.
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:12 - Assistance payments › Chapter 67:12:05 - Limitations on personal property › Section 67:12:05:20 - Farming or other self-employment business expenses as deductions from income

Current through Register Vol. 51, page 10, July 15, 2024
Farming or other self-employment business expenses directly related to
	 producing the goods or services and without which the goods or services could
	 not be produced are considered allowable deductions for the purposes of
	 determining available earned income.
General Authority:
SDCL 28-7-2.
Law Implemented:
SDCL
		28-7-4.
Definition of earned income for the self-employed individual,
		45 C.F.R. §
												233.20 (a)(6)(v)(B); Earned
		income from business, §
											67:12:05:12.
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:12 - Assistance payments › Chapter 67:12:05 - Limitations on personal property › Section 67:12:05:21 - Dependent care disregard from earnings - Employed caretaker relatives

Current through Register Vol. 51, page 10, July 15, 2024
Employed recipient caretaker relatives whose earnings are considered
	 when determining eligibility for AFDC and the amount of the assistance grant
	 are allowed a disregard for the cost of dependent care. The amount disregarded
	 shall be computed according to §
									67:12:15:05. The disregard must be
	 made after the earned income exemption in §
									67:12:05:14.
General Authority:
SDCL 28-7-2.
Law Implemented:
SDCL
		28-7-4.
Use of earned income exemption in determining eligibility and
		computing the assistance payment, §
											67:12:05:34; Dependent care, ch
		67:12:15.
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:12 - Assistance payments › Chapter 67:12:05 - Limitations on personal property › Section 67:12:05:22 - Alimony and child support paid by member of assistance unit considered exempt income

Current through Register Vol. 51, page 10, July 15, 2024
The actual amount of alimony or child support, if any, payable on a
	 recurring monthly basis by a member of the assistance unit under court or
	 administrative order to maintain, in whole or in part, children or a former
	 spouse in another household is exempt income.
General Authority:
SDCL 28-7-2.
Law Implemented:
SDCL
		28-7-4.
Collection of child support, SDCL
		25-7A.
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:12 - Assistance payments › Chapter 67:12:05 - Limitations on personal property › Section 67:12:05:23 - Supplementary medical insurance benefit premiums as deductible from available income

Current through Register Vol. 51, page 10, July 15, 2024
In those medical only applicants or recipients of payments assistance
	 who are eligible for supplemental medical coverage under part B of Medicare
	 program, the supplemental medical insurance premiums paid by them are
	 considered deductible from available income.
General Authority:
SDCL 28-7-2.
Law Implemented:
SDCL
		28-7-4.
Note:
Those receiving a money payment will have the
		supplemental medical insurance premium paid by the department through the
		buy-in contract with Social Security
		Administration.
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:12 - Assistance payments › Chapter 67:12:05 - Limitations on personal property › Section 67:12:05:24 - Foster care payment not considered as available income

Current through Register Vol. 51, page 10, July 15, 2024
In those AFDC households where a child has been placed for foster care
	 by the department, the foster care payment to the foster parents shall not be
	 considered as income in determining the AFDC grant. This foster care payment
	 shall be considered sufficient to meet the needs of the foster child only and
	 shall not result in any significant income or profit available to the foster
	 parent. The foster child shall not be shown in the assistance
	 plan.
General Authority:
SDCL 28-7-2.
Law Implemented:
SDCL
		28-7-4.
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:12 - Assistance payments › Chapter 67:12:05 - Limitations on personal property › Section 67:12:05:25 - Consideration of JOBS participant's income

Current through Register Vol. 51, page 10, July 15, 2024
For all activities under JOBS, advance payments or reimbursements to
	 the participant for child care, transportation, work-related expenses, or
	 work-related support services are excluded when determining eligibility and
	 computing the amount of the assistance grant.
General Authority:
SDCL 28-7-2.
Law Implemented:
SDCL
		28-7-4.
Earned income exemption for AFDC, §
											67:12:05:14.
Definitions, § 67:12:09:00.
Supportive assistance, § 67:12:09:05.06.
CWEP-related expenses, § 67:12:09:05.08.
Use of earned income exemption in determining eligibility and
		computing the assistance payment, §
											67:12:05:34.
Need and amount of assistance,
		45 C.F.R. §
												233.20
		(a)(11)(v).
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:12 - Assistance payments › Chapter 67:12:05 - Limitations on personal property › Section 67:12:05:27 - Exemption of vocational rehabilitation training allowances

Current through Register Vol. 51, page 10, July 15, 2024
A training allowance paid to an applicant or recipient who is under a
	 vocational rehabilitation training program is considered income available to
	 the assistance unit only if the training allowance duplicates a portion of the
	 need standard as defined in §
									67:12:06:00. The balance of the
	 training allowance is exempt.
General Authority:
SDCL 28-7-2.
Law Implemented:
SDCL
		28-7-4.
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:12 - Assistance payments › Chapter 67:12:05 - Limitations on personal property › Section 67:12:05:28 - Educational grants, stipends, or loans insured by commissioner of education not considered available income

Current through Register Vol. 51, page 10, July 15, 2024
Any grant, stipend, or loan to any undergraduate student for
	 educational purposes made or insured under any program administered by the
	 United States commissioner of education shall not be considered available
	 income.
General Authority:
SDCL 28-7-2.
Law Implemented:
SDCL
		28-7-4.
Educational grants insured by the commissioner of education,
		45 C.F.R. §
												233.20
		(a)(4)(ii)(d).
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:12 - Assistance payments › Chapter 67:12:05 - Limitations on personal property › Section 67:12:05:29 - Scholarships, grants, awards, and loans for educational purposes

Current through Register Vol. 51, page 10, July 15, 2024
Scholarships, grants, awards, and loans for educational purposes which
	 are given because of need or achievement by the Bureau of Indian Affairs, state
	 sources, federal sources, civic, fraternal, and alumni organizations,
	 relatives, and lending institutions are considered complementary assistance.
	 Complementary assistance is assistance which is for a different purpose than
	 AFDC. The total amount of such assistance will be disregarded.
Complementary assistance does not include social security benefits
	 received by full-time students in a postsecondary school, college, or
	 university. Social security student benefits will be considered as income when
	 determining eligibility and the amount of the assistance
	 grant.
General Authority:
SDCL 28-7-2.
Law Implemented:
SDCL
		28-7-4.
Consideration of income when determining amount of assistance,
		45 C.F.R. §
												233.20
		(a)(3)(ii).
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:12 - Assistance payments › Chapter 67:12:05 - Limitations on personal property › Section 67:12:05:29.01 - Treatment of moneys received under a college work-study program

Current through Register Vol. 51, page 10, July 15, 2024
Moneys received under a college work-study program shall be totally
	 disregarded for the purposes of the AFDC program.
General Authority:
SDCL 28-7-2.
Law Implemented:
SDCL
		28-7-2.
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:12 - Assistance payments › Chapter 67:12:05 - Limitations on personal property › Section 67:12:05:29.02 - Treatment of loans

Current through Register Vol. 51, page 10, July 15, 2024
A loan obtained in good faith and expected to be paid back is excluded
	 from income.
General Authority:
SDCL 28-7-2.
Law Implemented:
SDCL
		28-7-4.
Income and resources -- Treatment of loans,
		45 C.F.R. §
												233.20
		(a)(3)(iv)(B).
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:12 - Assistance payments › Chapter 67:12:05 - Limitations on personal property › Section 67:12:05:31 - Food stamp coupon allotment not considered available income

Current through Register Vol. 51, page 10, July 15, 2024
The value of the coupon allotment under the federal Food Stamp Act of
	 1977 shall not be considered available income.
General Authority:
SDCL 28-7-2.
Law implemented:
SDCL
		28-7-4.
Food Stamp Act of 1977, Pub. L. No.
		95-113.
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:12 - Assistance payments › Chapter 67:12:05 - Limitations on personal property › Section 67:12:05:32 - Value of federal donated commodities not considered available income

Current through Register Vol. 51, page 10, July 15, 2024
The value of U.S. department of agriculture donated foods shall not be
	 considered available income.
General Authority:
SDCL 28-7-2.
Law Implemented:
SDCL
		28-7-4.
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:12 - Assistance payments › Chapter 67:12:05 - Limitations on personal property › Section 67:12:05:33 - Payment received under the Relocation Act not considered available income

Current through Register Vol. 51, page 10, July 15, 2024
Any payment received under Title II of the federal Uniform Relocation
	 Assistance and Real Property Acquisition Policies Act of 1970 shall not be
	 considered as a resource and shall not count against the liquid asset
	 limitation or as income to meet current needs.
General Authority:
SDCL 28-7-2.
Law Implemented:
SDCL 28-7-4.
Example:
Urban renewal is taking place or the building
		of a highway causes inconvenience to a recipient and the federal government
		compensates the recipient for this inconvenience. In some instances this might
		be a payment of $500 to $1,000.
Disregard of income common to AFDC,
		45 C.F.R. §
												233.20
		(a)(4)(ii)(c).
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:12 - Assistance payments › Chapter 67:12:05 - Limitations on personal property › Section 67:12:05:34 - Use of earned income exemption in determining eligibility and computing the assistance payment

Current through Register Vol. 51, page 10, July 15, 2024
In determining eligibility and computing the assistance payment, the
	 earned income exemption shall be applied as follows:
(1) Initial eligibility for a new applicant
  shall be determined without using the earned income exemption. If eligibility
  for a money payment can be established, the amount of the assistance payment
  shall be computed using the earned income exemption;
(2) When determining continuing eligibility
  and the amount of assistance, the earned income exemption shall be applied
  according to §
									67:12:05:14;
(3) If a recipient is penalized for failing
  to report earned income or for terminating employment, reducing earned income,
  or refusing an offer of employment, the earned income exemption may not be
  applied for the month the penalty is in effect; and
(4) The earned income exemption shall be
  applied as follows in determining initial eligibility for a former recipient
  who is reapplying:
(a) The $30 plus one-third
  exemption shall be applied if the former recipient is eligible for it under
  §
										67:12:05:14 and received AFDC in
  one or more of the four preceding months;
(b) The $30 exemption shall be applied if the
  former recipient is eligible for it under §
										67:12:05:14; or
(c) Eligibility shall be determined according
  to subdivision (1) of this section if the former recipient does not qualify
  under (a) or (b) of this subdivision but is otherwise eligible under §
										67:12:05:14.
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:12 - Assistance payments › Chapter 67:12:05 - Limitations on personal property › Section 67:12:05:36 - Determining continuing eligibility

Current through Register Vol. 51, page 10, July 15, 2024
To determine continuing eligibility, the department shall apply total
	 income, less exclusions, against the applicable need standard in §
									67:12:06:04.01 for a similar AFDC
	 household. If this income exceeds 185 percent of the standard, the assistance
	 unit is no longer eligible for AFDC.
If the assistance unit is eligible, the department shall review the
	 case to determine eligibility for the earned income exemption as specified in
	 §
									67:12:05:14. If a member of the
	 assistance unit is eligible for the earned income exemption, the department
	 shall apply the member's gross income minus the standard earned income
	 deduction, the earned income exemption, and the dependent care disregard
	 against the applicable need standard. If income exceeds the need, the
	 assistance unit is no longer eligible for AFDC.
If a member of the assistance unit is not eligible for the earned
	 income exemption, the department shall apply the member's gross income minus
	 the standard earned income deduction and the dependent care disregard against
	 the applicable need standard. If income exceeds the need, the assistance unit
	 is no longer eligible for AFDC.
General Authority:
SDCL 28-7-2.
Law Implemented:
SDCL
		28-7-4.
Standard earned income deduction, §
											67:12:05:18.
Dependent care disregard from earnings -- Employed caretaker
		relative, §
											67:12:05:21.
Need and amount of assistance,
		45 C.F.R. §
												233.20
		(a)(3).
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:12 - Assistance payments › Chapter 67:12:05 - Limitations on personal property › Section 67:12:05:38 - Application of child's earned income

Current through Register Vol. 51, page 10, July 15, 2024
When determining AFDC eligibility and the amount of the assistance
	 grant, a child's earned income, except income earned from participation in the
	 JTPA summer youth program, is considered as follows:
(1) The earned income of a dependent child
  who is not a student or who is a part-time student working full-time is
  considered when determining eligibility and the amount of the assistance
  grant;
(2) The earned income of a
  dependent child who is a part-time student working part time is considered when
  determining eligibility and disregarded when determining the amount of the
  assistance grant; or
(3) The earned
  income of a dependent child who is a full-time student is excluded when
  determining eligibility and the amount of the assistance grant for a maximum of
  six months each calendar year. After six months of exclusion, the child's
  earned income is considered when determining eligibility and disregarded when
  determining the amount of the assistance grant.
General Authority:
SDCL 28-7-2.
Law Implemented:
SDCL
		28-7-4.
Disregard of income applicable only to AFDC,
		45 C.F.R. §
												233.20 (a)(11).
Financial eligibility -- Gross income limit, §
											67:12:06:03.
Exclusion of dependent child's income received from JTPA summer youth
		program, §
											67:12:05:74.
Exclusion of dependent child's earnings, §
											67:12:05:79.
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:12 - Assistance payments › Chapter 67:12:05 - Limitations on personal property › Section 67:12:05:44 - Real or personal property income or profits of applicants or recipients of AFDC

Current through Register Vol. 51, page 10, July 15, 2024
The net income or profits derived from real or personal property by a
	 dependent child, such as interest, dividends, trust funds, annuities, or lease
	 or rental income, is considered available to and deductible from the need
	 standard.
General Authority:
SDCL 28-7-2.
Law Implemented:
SDCL
		28-7-4.
Need standard, §
											67:12:06:04.01.
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:12 - Assistance payments › Chapter 67:12:05 - Limitations on personal property › Section 67:12:05:45 - Real or personal property income or profits of parents of dependent children

Current through Register Vol. 51, page 10, July 15, 2024
If the dependent child is living in the home of the child's natural or
	 adoptive parents or stepparent, the department shall consider the net income or
	 profits derived from real or personal property by these parents available to
	 meet the requirements of the dependent child and shall deduct them from the
	 assistance plan.
General Authority:
SDCL 28-7-2.
Law Implemented:
SDCL
		28-7-4.
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:12 - Assistance payments › Chapter 67:12:05 - Limitations on personal property › Section 67:12:05:47 - Interest from savings

Current through Register Vol. 51, page 10, July 15, 2024
In those instances where the applicant or recipient has savings less
	 than the maximum resource limit, interest on the savings is considered unearned
	 income available to the assistance unit at the time it is credited to the
	 account.
General Authority:
SDCL 28-7-2.
Law Implemented:
SDCL
		28-7-4.
Maximum resource limit, §
											67:12:05:05; Interest from child's
		savings account excluded, §
											67:12:05:78.
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:12 - Assistance payments › Chapter 67:12:05 - Limitations on personal property › Section 67:12:05:48 - Tips considered

Current through Register Vol. 51, page 10, July 15, 2024
Tips are considered earned income when determining the assistance
	 unit's financial eligibility and the amount of the assistance
	 grant.
General Authority:
SDCL 28-7-2.
Law Implemented:
SDCL
		28-7-4.
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:12 - Assistance payments › Chapter 67:12:05 - Limitations on personal property › Section 67:12:05:49 - Periodic and lease income considered

Current through Register Vol. 51, page 10, July 15, 2024
The department considers income received from trust land leases by the
	 fiscal year, July 1 through June 30.
Effective January 1, 1994, the department shall exclude up to $2,000 a
	 year of lease income received by an Indian from real property held in trust by
	 the federal government. If the income from the trust land lease is expected to
	 continue to be over $2,000 after the date of application or after the date of
	 the continuing eligibility determination, the department shall prorate for the
	 current fiscal year the lease income received in the previous fiscal year when
	 determining eligibility and computing the current assistance grant. The
	 department may consider only that portion of income from the previous fiscal
	 year's lease that is expected to continue in the current fiscal year.
All other periodic or contractual lease income is prorated over the
	 length of the lease.
General Authority:
SDCL 28-7-2.
Law Implemented:
SDCL
		28-7-4.
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:12 - Assistance payments › Chapter 67:12:05 - Limitations on personal property › Section 67:12:05:51 - Individuals excluded from assistance unit - Nondependent household members

Current through Register Vol. 51, page 10, July 15, 2024
The following individuals are considered nondependent household members
	 and are excluded from the assistance unit; their needs may not be considered
	 when determining the amount of the assistance grant:
(1) Parents and siblings who receive SSI
  benefits;
(2) Parents and siblings
  who are aliens and are ineligible for AFDC because of the application of
  sponsor-to-alien deeming required by §
									67:12:01:14.01;
(3) Parents and siblings who are aliens and
  are ineligible for AFDC because they do not meet the citizenship and alienage
  requirements;
(4) Parents and
  siblings who are ineligible for AFDC as the result of the imposition of a
  sanction;
(5) Parents and siblings
  previously entitled to AFDC who are ineligible due to receipt of lump sum
  income; and
(6) Parents and
  siblings for whom foster care maintenance payments are received.
General Authority:
SDCL 28-7-2.
Law Implemented:
SDCL 28-7-1, 28-7-4.
Collateral Reference:
Definition, King v Smith, 392 U.S.
		309 (1968).
Definition, 45
		C.F.R. §
												233.90
		(a).
Application, determination of eligibility and furnishing of
		assistance, 45 C.F.R. §
												206.10.
Citizenship and alienage,
		45 C.F.R. §
												233.50.
Deeming of sponsor's income and resources to sponsored alien,
		45 C.F.R. §
												233.51.
Individuals who must be included in assistance unit, §
											67:12:01:69.
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:12 - Assistance payments › Chapter 67:12:05 - Limitations on personal property › Section 67:12:05:52 - Treatment of income from nonrecipient

Current through Register Vol. 51, page 10, July 15, 2024
Except for those nonrecipients whose income is deemed available to the
	 assistance unit according to §§
									67:12:01:14.01 and 67:12:05:52.01,
	 income from a nonrecipient is treated as follows:
(1) The cash contribution of a boarder shall
  be considered as income. A boarder is an individual who pays a home owner a
  stipulated sum for regular meals or meals and lodging. If the household offers
  board to people as a business, provisions of §
									67:12:05:12 apply;
(2) The cash contribution of a roomer shall
  be considered as income. A roomer generally does not receive meals in addition
  to room. If the household offers room to people as a business, provisions of
  §
									67:12:05:12 apply;
(3) The income of a sanctioned individual who
  except for the sanction would be required to be included in the assistance unit
  according to §
									67:12:01:69 shall be considered
  available to meet and shall be deducted from the budgetary needs of the
  assistance unit; and
(4) For an
  assistance unit in an independent living arrangement, the cash contribution
  made by a nonrecipient household member for the assistance unit's rent or
  mortgage shall be considered unearned income to the assistance unit when either
  the rent contribution is made in the absence of a landlord-tenant agreement
  between the nonrecipient and the landlord or the mortgage contribution is made
  in the absence of an agreement between the nonrecipient and the mortgage
  holder.
For purposes of this rule, a nonrecipient is an individual who is not a
	 part of the assistance unit for which income is being
	 considered.
General Authority:
SDCL 28-7-2.
Law Implemented:
SDCL
		28-7-4.
Definitions, §
											67:12:06:00.
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:12 - Assistance payments › Chapter 67:12:05 - Limitations on personal property › Section 67:12:05:52.01 - Consideration of income of parent of minor parent

Current through Register Vol. 51, page 10, July 15, 2024
The department shall consider the income of a minor parent's parent
	 when determining eligibility for and the amount of the AFDC payment if the
	 minor parent's parent lives in the same household as the minor parent and the
	 dependent child. The department shall consider the income of the minor parent's
	 parent available after the following disregards are applied;
(1) Ninety dollars for work expenses for each
  employed minor parent's parent;
(2)
  An amount equal to the applicable AFDC need standard for each minor parent's
  parent living in the home who is not a part of the assistance unit but is a
  dependent of the minor parent's parent;
(3) Amounts paid by the minor parent's parent
  to support an individual outside the home who could be claimed as a dependent;
  and
(4) Payments by the minor
  parent's parent for child support and alimony to an individual outside the
  home.
The needs of a sanctioned individual who would otherwise be required to
	 be a member of the assistance unit may not be taken into consideration when
	 computing the allowable disregards from the income of the minor parent's
	 parent.
For purposes of this rule, a minor is one who is under age 18,
	 regardless of school attendance or marital status.
General Authority:
SDCL 28-7-2.
Law Implemented:
SDCL
		28-7-2.
Consideration of income of minor parent's parent,
		45 C.F.R. §
												233.20 (a)(3)
		(xviii).
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:12 - Assistance payments › Chapter 67:12:05 - Limitations on personal property › Section 67:12:05:54 - Proceeds from life insurance

Current through Register Vol. 51, page 10, July 15, 2024
Receipt of proceeds from life insurance shall be treated as specified
	 in §
									67:12:05:59.
General Authority:
SDCL 28-7-2.
Law Implemented:
SDCL
		28-7-4.
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:12 - Assistance payments › Chapter 67:12:05 - Limitations on personal property › Section 67:12:05:56 - Applicants or recipients to take advantage of all resources

Current through Register Vol. 51, page 10, July 15, 2024
An applicant or recipient of assistance payments must take advantage of
	 all resources to which the applicant or recipient is entitled, such as social
	 security, workers' compensation, and unemployment compensation. Failure or
	 refusal to do so affects the applicant's or recipient's eligibility
	 status.
General Authority:
SDCL 28-7-2.
Law Implemented:
SDCL
		28-7-4.
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:12 - Assistance payments › Chapter 67:12:05 - Limitations on personal property › Section 67:12:05:57 - Benefits to children and adults derived from government sources

Current through Register Vol. 51, page 10, July 15, 2024
All benefits derived from governmental sources, such as OASDI,
	 unemployment compensation, worker's compensation, military allotments, and
	 compensations which are actually received by applicants for or recipients of
	 public assistance shall be considered available to and deductible from the
	 requirements recognized on the assistance plan on the same basis as net income
	 derived from real or personal property. If an individual within the household
	 receives SSI, the department may not consider that individual's income or
	 resources when determining AFDC eligibility and the amount of assistance. If
	 the recipient payee's only child is determined eligible for and becomes a
	 recipient of SSI, the recipient payee continues to be eligible for AFDC
	 provided all other eligibility factors are met.
If an individual receives educational assistance from the veterans'
	 administration, that part of the payment that is for the student and that
	 actually is used for items such as tuition, books, fees, equipment,
	 transportation for school purposes, and child care services necessary for
	 school attendance shall not be considered as income for purposes of the AFDC
	 program. That part of the payment received from the veterans administration for
	 the individual's dependents who are in an AFDC assistance unit shall be counted
	 available as nonexempt income.
General Authority:
SDCL 28-7-2.
Law Implemented:
SDCL
		28-7-4.
Consideration of grants from other agencies,
		45 C.F.R. §
												233.20 (a)(3)(vii);
		Exclusion of SSI benefits, 45 C.F.R. §
												233.20
		(a)(3)(x).
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:12 - Assistance payments › Chapter 67:12:05 - Limitations on personal property › Section 67:12:05:59 - Treatment of lump sum income

Current through Register Vol. 51, page 10, July 15, 2024
Nonrecurring earned or unearned lump sum income not otherwise excluded
	 shall be added together with all other monthly income received by the
	 assistance unit and considered available for current use after application of
	 the disregards in §§
									67:12:05:14,
	 67:12:05:18, and 67:12:05:21 and
	 in subdivisions 67:12:05:38(2) and (3). When this total exceeds the need
	 standard for the family, each member of the assistance unit is ineligible for
	 AFDC for the number of full months derived by dividing the total income by the
	 need standard applicable to the family. Any amount remaining after this
	 calculation is treated as if it is income received in the first month following
	 the period of ineligibility and is considered available for use at that
	 time.
Lump sum income includes insurance settlements, personal injury awards,
	 and workers' compensation awards; retroactive payments such as OASDI and child
	 support; and windfalls such as inheritances or lottery winnings. A windfall is
	 a sum that is not earned, does not occur regularly, and does not represent
	 accumulated monthly income received in a single sum.
Lump sum income earmarked and used for the purpose for which it was
	 paid, for example, money for back medical bills resulting from an accident or
	 injury, funeral and burial costs, replacement or repair of resources, or any
	 portion of the lump sum designated for a specific purpose, such as attorney
	 fees involved in obtaining the lump sum income, shall be subtracted from the
	 total lump sum income amount before determining the length of
	 ineligibility.
The department shall consider changes in circumstances requiring
	 expenditure of resources or income in connection with medical and
	 life-threatening situations as justification for shortening the period of
	 ineligibility.
General Authority:
SDCL 28-7-2.
Law Implemented:
SDCL
		28-7-4.
Need and amount of assistance -- Income and resources,
		45 C.F.R. §
												233.20
		(a)(3)(ii)(F).
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:12 - Assistance payments › Chapter 67:12:05 - Limitations on personal property › Section 67:12:05:60 - County welfare funds or BIA general assistance grants

Current through Register Vol. 51, page 10, July 15, 2024
County welfare funds or BIA general assistance grants payable to
	 applicants for or recipients of AFDC shall be considered as income only to the
	 extent that the county welfare funds or BIA general assistance grants are
	 designated to meet all or a portion of the needs of the eligible AFDC
	 household.
County welfare funds or BIA general assistance grants for medical or
	 hospital expenses shall not be considered in determining eligibility for or the
	 amount of the AFDC grant.
General Authority:
SDCL 28-7-2.
Law Implemented:
SDCL
		28-7-4.
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:12 - Assistance payments › Chapter 67:12:05 - Limitations on personal property › Section 67:12:05:61 - Benefits derived from private sources

Current through Register Vol. 51, page 10, July 15, 2024
All benefits derived from private sources, including but not limited to
	 contributions, pensions from various firms or associations, and annuities,
	 shall be considered available to and deductible from the requirements of the
	 applicant or recipient on the same basis as net income derived from real or
	 personal property. These benefits may take the form of cash
	 contributions.
General Authority:
SDCL 28-7-2.
Law Implemented:
SDCL
		28-7-4.
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:12 - Assistance payments › Chapter 67:12:05 - Limitations on personal property › Section 67:12:05:61.01 - Income received as gift

Current through Register Vol. 51, page 10, July 15, 2024
Nonrecurring income in the amount of $30 or less which is received in
	 the form of a gift shall be excluded up to a maximum of $30 per recipient per
	 calendar quarter.
A gift received by one member of the assistance unit without evidence
	 it is intended for the entire assistance unit shall be divided if the recipient
	 claims that the gift is intended for the entire assistance unit. A gift for the
	 entire assistance unit shall be divided in the way that is most financially
	 advantageous to the assistance unit.
For purposes of this rule, a gift is defined as anything that is
	 bestowed voluntarily and without compensation. Birthday, Christmas, and
	 graduation gifts are considered nonrecurring.
General Authority:
SDCL 28-7-2.
Law Implemented:
SDCL
		28-7-4.
Small nonrecurring gifts,
		45 C.F.R. §
												233.20
		(a)(3)(iv)(F).
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:12 - Assistance payments › Chapter 67:12:05 - Limitations on personal property › Section 67:12:05:62 - Income received by volunteers in the retired senior volunteer program, foster grandparent program, and older Americans community service program

Current through Register Vol. 51, page 10, July 15, 2024
Compensation provided to individual volunteers under the retired senior
	 volunteer program, foster grandparent, and older Americans community service
	 programs established under Title VI of the Older Americans Act of 1965,
	 42 U.S.C. §
										3001, January, 1995, is excluded when
	 determining initial and continuing eligibility for the AFDC
	 program.
General Authority:
SDCL 28-7-2.
Law Implemented:
SDCL
		28-7-4.
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:12 - Assistance payments › Chapter 67:12:05 - Limitations on personal property › Section 67:12:05:64 - Judgment funds paid to Blackfeet Tribe and Gros Ventre Tribe of Montana

Current through Register Vol. 51, page 10, July 15, 2024
Per capita judgment funds paid under Pub. L. No. 92-254 to members of
	 the Blackfeet Tribe of the Blackfeet Indian Reservation, Montana, and the Gros
	 Ventre Tribe of the Fort Belknap Reservation, Montana, shall be excluded as
	 income or resources. Payments received by the member as a result of the
	 investment of the per capita judgment funds shall be considered
	 income.
General Authority:
SDCL 28-7-2.
Law Implemented:
SDCL
		28-7-4.