reglab/statecodes huggingface dataset:
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:10 - Temporary assistance to needy families › Chapter 67:10:02 - Deprivation › Section 67:10:02:02 - Deprivation of parental support or care

Current through Register Vol. 51, page 10, July 15, 2024
In order to receive assistance under this article, a child must be
	 deprived of parental support or care. The department considers that a child is
	 deprived of parental support or care if any of the following situations
	 exist:
(1) A parent is physically
  absent from the home and facts exist supporting the presumption that the
  absence will continue for a period longer than 30 days. The department
  considers that a parent is physically present in the home if evidence exists
  that the parent was in the home for four consecutive days during a 30-day
  period or if there are other facts, such as employment applications, bank
  records, or witness statements which support a presumption that the parent is
  physically present. A child who has a parent gone from the home only because
  the parent is performing active duty for the United States uniformed services,
  is seeking employment, is employed elsewhere, or is attending school is not
  considered deprived of parental support or care and the parent is not
  considered absent from the home unless estrangement from the spouse has also
  occurred and the parent has not returned to the home for four consecutive days
  following the estrangement;
(2) A
  parent is hospitalized for either a physical or a mental problem and the
  hospitalization is expected to last at least 30 days;
(3) A parent is participating in an inpatient
  drug or alcohol treatment program and the treatment program is expected to last
  at least 30 days;
(4) A parent is
  imprisoned or has been deported. Deprivation exists if the parent is a
  convicted offender, is serving a court-imposed sentence, and is permitted to
  live at home while earning no income and performing unpaid public work or
  unpaid community service during the work day;
(5) A parent is mentally or physically
  incapacitated; or
(6) The parents
  are unemployed.
If the parent is an Indian stepparent in Indian country who is under
	 the exclusive jurisdiction of a tribe for purposes of determining the domestic
	 relations rights of the family, the stepparent's presence in the home is not a
	 factor when determining if a child is deprived of parental support or
	 care.
General Authority:
SDCL
		28-7A-3(1)(3).
Law Implemented:
SDCL
		28-7A-3(1)(3).
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:10 - Temporary assistance to needy families › Chapter 67:10:02 - Deprivation › Section 67:10:02:03 - Physical or mental incapacity of a parent

Current through Register Vol. 51, page 10, July 15, 2024
The department considers that a parent is physically or mentally
	 incapacitated if the parent has a physical or mental illness or impairment
	 which is expected to last for a period of at least 30 days. The incapacity must
	 be supported by medical evidence and must be of such a debilitating nature that
	 it substantially reduces or eliminates the parent's ability to support or care
	 for the otherwise eligible child.
The determination of eligibility on the basis of incapacity is made by
	 the disability/incapacity consultation team on the basis of medical evidence
	 supplemented by a social history and a work history. Medical evidence consists
	 of a written report from a licensed or certified physician, physician's
	 assistant, nurse practitioner, psychologist, optometrist, chiropractor, or
	 social worker-PIP; a copy of medical records; or the findings of an examination
	 completed for this purpose. Medical evidence must include the individual's
	 diagnosis and prognosis, a statement containing treatment recommendations, a
	 statement of the individual's ability to perform work-related activities, a
	 statement of the individual's restrictions which limit the individual's ability
	 to perform work-related activities, and a statement as to the need for
	 vocational training.
Incapacity is related to the ability to hold a full-time job which
	 might reasonably be expected to provide a living for a family. When incapacity
	 permits part-time work only, assistance is allowed only if there is a financial
	 need and if the family is otherwise eligible. In the case of incapacity when
	 full-time work does not provide fully for the needs of the family, assistance
	 is allowed to supplement the family's income. If an individual is capable of
	 performing another type of work despite the incapacity, the individual is not
	 considered to be incapacitated.
A parent is considered incapacitated if the parent has a 100 percent
	 disability rating from the Veterans' Administration, receives a disability
	 payment through social security disability insurance, or receives a disability
	 payment from SSI.
The department may request an examination if the required medical
	 evidence is not available or is insufficient to establish incapacity. This
	 examination, when requested, shall be completed by a licensed or certified
	 physician, physician's assistant, nurse practitioner, psychologist,
	 optometrist, chiropractor, or social worker-PIP.
General Authority:
SDCL
		28-7A-3(1)(3).
Law Implemented:
SDCL
		28-7A-3(1)(3).
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:10 - Temporary assistance to needy families › Chapter 67:10:02 - Deprivation › Section 67:10:02:04 - Incapacity - Basis for payments for medical examinations and reports - Authorization required for intensive procedures

Current through Register Vol. 51, page 10, July 15, 2024
Payments for medical examinations and reports are made according to
	 chapter 67:16:02. Routine X-ray and laboratory procedures considered necessary
	 for the incapacity determination may be included. The individual must have
	 prior authorization from the department if additional X rays or laboratory
	 tests or an admission to a hospital is necessary to determine whether an
	 incapacity exists.
General Authority:
SDCL
		28-7A-3(1)(3).
Law Implemented:
SDCL
		28-7A-3(1)(3).
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:10 - Temporary assistance to needy families › Chapter 67:10:02 - Deprivation › Section 67:10:02:05 - Cessation of incapacity

Current through Register Vol. 51, page 10, July 15, 2024
If the department determines that financial need exists but the
	 disability/incapacity consultation team determines that an incapacity no longer
	 exists, assistance may continue for no more than three months. If the
	 previously incapacitated recipient obtains employment during this three-month
	 period, the department shall apply the earned income deduction according to
	 §
									67:10:03:05.
General Authority:
SDCL
		28-7A-3(1)(3).
Law Implemented:
SDCL
		28-7A-3(1)(3).
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:10 - Temporary assistance to needy families › Chapter 67:10:02 - Deprivation › Section 67:10:02:06 - Deprivation because of unemployment

Current through Register Vol. 51, page 10, July 15, 2024
A child is considered to be deprived of parental support because of the
	 parents' unemployment if the parents meet all of the following criteria:
(1) The parents' combined gross earnings from
  employment within the six months immediately prior to the date of application
  totals at least $1,500;
(2) The
  parents' combined work hours are expected to be less than 100 hours in the
  payment month or the parents' combined work hours are expected to be more than
  100 hours in the payment month but the combined work hours were less than 100
  hours in the two months immediately preceding the payment month and the
  parents' combined work hours are expected to be less than 100 hours in the
  month following the payment month;
(3) The parents have not, without good cause,
  terminated employment, reduced hours of employment, or refused an offer of
  employment within the six months immediately prior to the date of
  application;
(4) The parents are
  available for employment;
(5) The
  parents have applied for and accepted UI benefits, if applicable; and
(6) The household is otherwise eligible for
  assistance under this article.
General Authority:
SDCL
		28-7A-3(1)(3).
Law Implemented:
SDCL
		28-7A-3(1)(3).
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:10 - Temporary assistance to needy families › Chapter 67:10:02 - Deprivation › Section 67:10:02:07 - Circumstances under which parent not considered unemployed

Current through Register Vol. 51, page 10, July 15, 2024
A parent is not considered unemployed in any of the following
	 situations:
(1) The parent is
  participating in a labor dispute;
(2) The parent'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 parent 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
		28-7A-3(1)(3).
Law Implemented:
SDCL
		28-7A-3(1)(3).
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:10 - Temporary assistance to needy families › Chapter 67:10:03 - Income requirements › Section 67:10:03:01 - Definitions

Current through Register Vol. 51, page 10, July 15, 2024
Terms used in this chapter mean:
(1) "Earned income," for an individual who is
  employed, income earned by the individual through the receipt of wages, salary,
  commissions, or fees in cash or in kind, before deductions such as income
  taxes, social security taxes, insurance premiums, or savings bonds; for an
  individual who is self-employed, that income remaining after deducting the
  business expenses allowed in §
									67:10:03:12;
(2) "Gift," anything that is bestowed
  voluntarily and without compensation;
(3) "Vendor payment," a payment that is made
  directly to a third party on behalf of an assistance unit; and
(4) "WIA," the Workforce Investment Act of
  1998, Pub. L. 105-220, as amended to July 1, 2009.
General Authority:
SDCL
		28-7A-3(1)(3).
Law Implemented:
SDCL
		28-7A-3(1)(3).
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:10 - Temporary assistance to needy families › Chapter 67:10:03 - Income requirements › Section 67:10:03:02 - Income considered

Current through Register Vol. 51, page 10, July 15, 2024
Unless otherwise excluded under the provisions of this chapter, the
	 department considers all income in the month received. Funds held beyond the
	 month of receipt become a resource and are considered under the provisions of
	 chapter 67:10:04. Income includes items such as the following:
(1) Earned income;
(2) Income from unemployment
  insurance;
(3) Money accumulated as
  a result of the investment of funds, including excluded funds;
(4) Except for SSI, benefits received through
  the Social Security Administration;
(5) Self-employment income;
(6) Earnings received by a parent who is
  participating in a WIA on-the-job training program;
(7) Training allowances which duplicate a
  portion of the payment standard as defined in §
									67:10:05:01;
(8) County welfare funds or BIA general
  assistance funds which duplicate a portion of the need standard; and
(9) Child support and alimony passed through
  to the assistance unit by the Office of Child Support Enforcement.
General Authority:
SDCL
		28-7A-3(1)(3).
Law Implemented:
SDCL
		28-7A-3(1)(3).
Recurring monthly or semi-monthly income, §
											67:10:03:11.
Treatment of income from ineligible individual because of an action
		or inaction on the part of the individual, §
											67:10:03:15.
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:10 - Temporary assistance to needy families › Chapter 67:10:03 - Income requirements › Section 67:10:03:04 - Deductions from income

Current through Register Vol. 51, page 10, July 15, 2024
The department shall deduct the following from the assistance unit's
	 countable monthly gross income:
(1)
  The standard earned income deduction calculated according to §
									67:10:03:05; and
(2) Child support paid by a member of the
  assistance unit under court or administrative order or under any other legally
  enforceable separation agreement to maintain, in whole or in part, children in
  another household.
General Authority:
SDCL
		28-7A-3(1)(3).
Law Implemented:
SDCL
		28-7A-3(1)(3).
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:10 - Temporary assistance to needy families › Chapter 67:10:03 - Income requirements › Section 67:10:03:05 - Standard earned income deduction

Current through Register Vol. 51, page 10, July 15, 2024
After the department determines the assistance unit's countable monthly
	 gross income, each employed member of the assistance unit whose earned income
	 is considered when determining the assistance grant is allowed a standard
	 earned income deduction of $90 plus 20 percent of the individual's remaining
	 gross earned income. If the individual is self-employed, the deduction is
	 calculated after the allowable deductions specified in §
									67:10:03:12. The standard earned
	 income deduction may not exceed the earnings.
General Authority:
SDCL
		28-7A-3(1)(3).
Law Implemented:
SDCL
		28-7A-3(1)(3).
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:10 - Temporary assistance to needy families › Chapter 67:10:03 - Income requirements › Section 67:10:03:06 - Income of parent considered available to dependent child

Current through Register Vol. 51, page 10, July 15, 2024
Except as specified in §
									67:10:03:08, the income of the
	 child's parent living in the home with the child is considered available to
	 meet the needs of the dependent child.
General Authority:
SDCL
		28-7A-3(1)(3).
Law Implemented:
SDCL
		28-7A-3(1)(3).
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:10 - Temporary assistance to needy families › Chapter 67:10:03 - Income requirements › Section 67:10:03:07 - 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 assistance 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 plus 20 percent of the
  remaining gross earnings of each employed minor parent's parent;
(2) An amount equal to the applicable need
  standard contained in §
									67:10:05:03 for an assistance unit
  having the same living arrangement and consisting of the minor parent's parent
  or parents living in the home and any other individual 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;
(4)
  Payments by the minor parent's parent for child support and alimony to an
  individual outside the home; and
(5) Dependent care costs for an individual
  living in the home who is not a part of the assistance unit but who is a
  dependent of the minor parent's parent. The dependent care costs must be
  necessary because of the employment or training of the minor parent's parent
  and the cost must be paid by the minor parent's parent.
The needs of an individual who is not included in the assistance unit
	 because of an action or inaction on the part of the individual may not be taken
	 into consideration when computing the allowable disregards.
For purposes of this rule, a minor is one who is under age 18,
	 regardless of school attendance or marital status.
General Authority:
SDCL
		28-7A-3(1)(3).
Law Implemented:
SDCL
		28-7A-3(1)(3).
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:10 - Temporary assistance to needy families › Chapter 67:10:03 - Income requirements › Section 67:10:03:08 - Income of Indian stepparents in Indian country not considered

Current through Register Vol. 51, page 10, July 15, 2024
When determining an assistance unit's eligibility for and amount of
	 assistance, the department may not consider the income of an Indian stepparent
	 in Indian country if the Indian stepparent lives in the same household as the
	 applicant or recipient stepchild but is not a member of the assistance
	 unit.
General Authority:
SDCL
		28-7A-3(1)(3).
Law Implemented:
SDCL
		28-7A-3(1)(3).
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:10 - Temporary assistance to needy families › Chapter 67:10:03 - Income requirements › Section 67:10:03:09 - Consideration of sponsor's income and resources to alien

Current through Register Vol. 51, page 10, July 15, 2024
The income and resources of an alien's sponsor and the sponsor's
	 spouse, if any, are considered to be the unearned income and resources of the
	 alien until the alien meets the criteria contained in Pub. L. No. 104-193, § 421 (b) (110 Stat. 2270) (August 22,
	 1996).
General Authority:
SDCL
		28-7A-3(1)(3)(12).
Law Implemented:
SDCL
		28-7A-3(1)(3)(12).
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:10 - Temporary assistance to needy families › Chapter 67:10:03 - Income requirements › Section 67:10:03:10 - 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.
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, less
	 $2,000, when determining eligibility and computing the 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
		28-7A-3(1)(3).
Law Implemented:
SDCL
		28-7A-3(1)(3).
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:10 - Temporary assistance to needy families › Chapter 67:10:03 - Income requirements › Section 67:10:03:11 - Recurring monthly or semi-monthly income

Current through Register Vol. 51, page 10, July 15, 2024
If recurring monthly or semi-monthly income is not paid or received on
	 the regular day because of mailing cycles, holidays, weekends, or similar
	 circumstances, the department considers the income for the period the income is
	 intended to cover.
General Authority:
SDCL
		28-7A-3(1)(3).
Law Implemented:
SDCL
		28-7A-3(1)(3).
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:10 - Temporary assistance to needy families › Chapter 67:10:03 - Income requirements › Section 67:10:03:12 - Earned income from self-employment

Current through Register Vol. 51, page 10, July 15, 2024
The department considers net earned income from self-employment
	 available to the assistance unit. To determine net income, subtract the costs
	 of producing the income from gross income. Costs of producing the income
	 include the cost of merchandise and building or equipment rental, but do not
	 include depreciation, personal shelter expenses, or the purchase of capital
	 assets, such as a building, equipment, machinery, or property. Personal
	 expenses, such as income tax, social security tax, lunches, and transportation
	 to and from work are not considered a cost of producing income.
Income from rental property is not considered earned income from
	 self-employment unless an individual in the assistance unit is involved in the
	 management of the rental business at least 20 hours a week.
General Authority:
SDCL
		28-7A-3(1)(3).
Law Implemented:
SDCL
		28-7A-3(1)(3).
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:10 - Temporary assistance to needy families › Chapter 67:10:03 - Income requirements › Section 67:10:03:13 - Treatment of income from boarder

Current through Register Vol. 51, page 10, July 15, 2024
The cash contribution of a boarder is considered income if the
	 contribution is for meals and non-shelter related expenses. If the payment
	 includes shelter expenses, the portion stipulated for shelter is excluded from
	 income if the amount is less than the assistance unit's monthly shelter
	 obligation. The portion of the shelter expense contribution which exceeds the
	 assistance unit's shelter obligation is counted as income to the assistance
	 unit.
If the household offers board to people as a business, the provisions
	 of §
									67:10:03:12 apply.
For purposes of this rule, a boarder is an individual who pays a home
	 owner a stipulated sum for regular meals or for meals and
	 lodging.
General Authority:
SDCL
		28-7A-3(1)(3).
Law Implemented:
SDCL
		28-7A-3(1)(3).
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:10 - Temporary assistance to needy families › Chapter 67:10:03 - Income requirements › Section 67:10:03:14 - Treatment of income from roomer

Current through Register Vol. 51, page 10, July 15, 2024
The cash contribution of a roomer is considered income if the
	 contribution is for non-shelter related expenses. If the payment is for shelter
	 expenses, the portion stipulated for shelter is excluded from income if the
	 amount is less than the assistance unit's monthly shelter obligation. The
	 portion of the shelter expense contribution which exceeds the assistance unit's
	 shelter obligation is counted as income to the assistance unit.
If the household offers rooms to people as a business, the provisions
	 of § 67:12:03:12 apply.
For purposes of this rule, a roomer is an individual who pays a home
	 owner a stipulated sum for a room and generally does not receive meals in
	 addition to the room.
General Authority:
SDCL
		28-7A-3(1)(3).
Law Implemented:
SDCL
		28-7A-3(1)(3).
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:10 - Temporary assistance to needy families › Chapter 67:10:03 - Income requirements › Section 67:10:03:15 - Treatment of income from ineligible individual because of an action or inaction on the part of the individual

Current through Register Vol. 51, page 10, July 15, 2024
The income of an individual who, except for the individual's action or
	 inaction would be required to be included in the assistance unit according to
	 §
									67:10:01:04, is considered
	 available to meet the needs of the assistance unit.
General Authority:
SDCL
		28-7A-3(1)(3)(4).
Law Implemented:
SDCL
		28-7A-3(1)(3)(4).
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:10 - Temporary assistance to needy families › Chapter 67:10:03 - Income requirements › Section 67:10:03:16 - Pre-strike income considered for individuals on strike

Current through Register Vol. 51, page 10, July 15, 2024
If an individual is on strike and the individual's income must be
	 considered when determining eligibility and the amount of assistance, the
	 assistance unit is ineligible unless it was or could have been found eligible
	 for assistance the day before the strike. In making this determination, the day
	 before the date of the strike is used as the date of application and income is
	 considered as if the strike had not occurred.
If the department determines that the assistance unit was eligible the
	 day before the date of the strike, eligibility and the amount of assistance is
	 determined using either the individual's income before the strike or the
	 individual's current earned income, whichever is higher. In either case, the
	 department applies the standard earned income deduction to the earned
	 income.
General Authority:
SDCL
		28-7A-3(1)(3).
Law Implemented:
SDCL
		28-7A-3(1)(3).
Standard earned income deduction, §
											67:10:03:05; Striker defined,
		§
											67:10:03:17.
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:10 - Temporary assistance to needy families › Chapter 67:10:03 - Income requirements › Section 67:10:03:17 - Striker defined

Current through Register Vol. 51, page 10, July 15, 2024
A striker is an individual involved in a strike or concerted work
	 stoppage, work slowdown, or interruption of work operations.
An individual is not considered a striker in the following
	 situations:
(1) The individual's
  workplace is closed by the employer in order to resist demands of
  employees;
(2) The individual is
  unable to work because of striking employees, such as a newspaper delivery
  employee not working because striking pressmen prevent newspapers from being
  printed; and
(3) The individual is
  not a part of the bargaining unit on strike but does not want to cross a picket
  line because of a fear of personal injury or death.
General Authority:
SDCL
		28-7A-3(1)(3).
Law Implemented:
SDCL
		28-7A-3(1)(3).
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:10 - Temporary assistance to needy families › Chapter 67:10:03 - Income requirements › Section 67:10:03:18 - Treatment of lump sum income

Current through Register Vol. 51, page 10, July 15, 2024
The first $2,000 of nonrecurring lump sum income is excluded as income.
	 When nonrecurring income is more than $2,000, each member of the assistance
	 unit is ineligible for assistance for the full number of months derived by
	 dividing the amount of the nonrecurring income greater than $2,000 by the need
	 standard for the family. If the lump sum income is the result of earned income,
	 the department applies the earned income disregard before calculating the
	 period of ineligibility.
Lump sum income includes gifts received as a result of a nonrecurring
	 occasion, such as a graduation or a wedding; insurance settlements; proceeds
	 from life insurance; personal injury awards; workers' compensation awards;
	 retroactive payments, such as old age, survivors, and disability insurance
	 (OASDI); 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, is subtracted from the total
	 lump sum income amount before determining the length of ineligibility.
The department considers a change in circumstances which requires the
	 expenditure of resources or income in connection with medical and
	 life-threatening situations as justification for shortening the period of
	 ineligibility.
General Authority:
SDCL
		28-7A-3(1)(3).
Law Implemented:
SDCL
		28-7A-3(1)(3).
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:10 - Temporary assistance to needy families › Chapter 67:10:03 - Income requirements › Section 67:10:03:19 - Contract income intended for annual support

Current through Register Vol. 51, page 10, July 15, 2024
Contract income intended for annual support, such as a teacher's
	 contract, is annualized when determining eligibility. To determine the
	 annualized amount, use the annual amount stated in the contract, divide by 12,
	 and deduct the standard earned income deduction allowed in §
									67:10:03:05. If the individual is
	 determined eligible, the income is counted when it is received and in the
	 amount received when computing the amount of assistance.
General Authority:
SDCL
		28-7A-3(1)(3).
Law Implemented:
SDCL
		28-7A-3(1)(3).
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:10 - Temporary assistance to needy families › Chapter 67:10:03 - Income requirements › Section 67:10:03:20 - Treatment of interest income from trust

Current through Register Vol. 51, page 10, July 15, 2024
The department shall annualize interest income from a trust as long as
	 the source of the interest income continues.
General Authority:
SDCL
		28-7A-3(1)(3).
Law Implemented:
SDCL
		28-7A-3(1)(3).
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:10 - Temporary assistance to needy families › Chapter 67:10:03 - Income requirements › Section 67:10:03:21 - Unearned income from rental property

Current through Register Vol. 51, page 10, July 15, 2024
Income from rental property is considered unearned income from
	 self-employment if an individual in the assistance unit is involved in the
	 management of the rental business less than 20 hours a week.
General Authority:
SDCL
		28-7A-3(1)(3).
Law Implemented:
SDCL
		28-7A-3(1)(3).
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:10 - Temporary assistance to needy families › Chapter 67:10:04 - Resource requirements › Section 67:10:04:01 - Definitions

Current through Register Vol. 51, page 10, July 15, 2024
Terms used in this chapter mean:
(1) "Equity value," the current fair market
  value less encumbrances of record as of the date of valuation;
(2) "Fair market value," the price an item
  will sell for on the open market in the geographic area involved;
(3) "Other real property," real property
  other than the individual's home or real property held in trust;
(4) "Property transferred or assigned," that
  real or personal property which was at one time owned by an applicant or
  recipient of public assistance or by the spouse of the applicant or recipient,
  if they were living together, but was transferred or assigned to
  another;
(5) "Real property," that
  property defined in SDCL
  43-1-3;
(6) "Real property held in trust," that real
  property to which the federal government has the legal title but which is being
  held for the benefit of Indians and other citizens; and
(7) "Resources," real, personal, or business
  property such as inventories, livestock, implements, vehicles, stored grain,
  and similar properties; and assets which are in cash or payable in cash on
  demand or financial instruments which can be converted into cash within 30
  workdays, such as savings or checking accounts, stocks, bonds, mutual fund
  shares, promissory notes, mortgages, contracts for deed, and similar
  properties.
General Authority:
SDCL
		28-7A-3(1)(3).
Law Implemented:
SDCL
		28-7A-3(1)(3).
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:10 - Temporary assistance to needy families › Chapter 67:10:04 - Resource requirements › Section 67:10:04:02 - Resources considered

Current through Register Vol. 51, page 10, July 15, 2024
When determining eligibility, the department considers all resources
	 which are available to the members of the assistance unit and which are not
	 otherwise excluded under the provisions of this chapter. This includes
	 resources which a member of the assistance unit is entitled to receive but does
	 not because of some action or inaction on the part of the member.
Resources considered are subject to the maximum resource limit
	 established §
									67:10:04:03.
General Authority:
SDCL
		28-7A-3(1)(3).
Law Implemented:
SDCL
		28-7A-3(1)(3).
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:10 - Temporary assistance to needy families › Chapter 67:10:04 - Resource requirements › Section 67:10:04:03 - Maximum resource limit

Current through Register Vol. 51, page 10, July 15, 2024
The maximum resource limit for an assistance unit is
	 $2,000.
General Authority:
SDCL
		28-7A-3(1)(3).
Law Implemented:
SDCL
		28-7A-3(1)(3).
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:10 - Temporary assistance to needy families › Chapter 67:10:04 - Resource requirements › Section 67:10:04:04 - Resources excluded from consideration

Current through Register Vol. 51, page 10, July 15, 2024
When determining the maximum resource limit, the department excludes
	 the following from consideration:
(1)
  An individual's home if it is the usual residence of the assistance unit. The
  residence may not include different lots and tracts unless they are contiguous
  or consistently or regularly used as part of the residence. If the individual
  has two or more homes which are used at different times, the individual may
  claim only one home as the residence. If the individual is temporarily absent
  from the home, the home may be excluded if the conditions of §
									67:10:04:05 are met;
(2) Household goods essential for day-to-day
  living, such as clothing, furniture, appliances, utensils, and similar
  essential personal effects;
(3) One
  primary vehicle;
(4) A vehicle that
  has a fair market value of no more than $4,650 and is used by the assistance
  unit to transport members of the assistance unit, obtain or continue
  employment, attend training preparatory to employment, or attend
  school;
(5) A vehicle used by the
  assistance unit which is necessary to transport a member of the assistance unit
  who has a physical disability, or is on SSI and would be a member of the
  assistance unit if not on SSI;
(6)
  A vehicle used by the assistance unit to carry water or fuel for home heating
  purposes if the assistance unit does not have piped-in water or fuel for
  heat;
(7) An income-producing
  vehicle;
(8) The equity value of a
  prepaid burial contract up to a maximum of $1,500 if designated for use by a
  member of the assistance unit and if it meets the criteria established in SDCL
  55-11-1,
  55-11-2, and
  55-11-3;
(9) Real property held in trust by the United
  States government for a member of the assistance unit;
(10) Burial spaces owned by a member of the
  assistance unit if the spaces are intended for use by a member of the
  assistance unit. The number of burial spaces 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;
  and
(11) Educational loans and
  grants which are excluded as income under §
									67:10:03:03 are excluded as a
  resource for the period the loans or grants are intended to cover.
General Authority:
SDCL
		28-7A-3(1)(3)(12)
Law Implemented:
SDCL
		28-7A-3(1)(3)(12).
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:10 - Temporary assistance to needy families › Chapter 67:10:04 - Resource requirements › Section 67:10:04:05 - Individual temporarily absent from home - Conditions for exclusion

Current through Register Vol. 51, page 10, July 15, 2024
If an individual is temporarily absent from the home, the home may be
	 excluded under the following conditions:
(1) The individual intends to return to the
  home on a specific date;
(2) The
  individual agrees to immediately inform the department when and if the
  individual's intentions to return to the home change; and
(3) The absence will not exceed one year
  unless the department specifically authorizes a longer period of
  time.
General Authority:
SDCL
		28-7A-3(1)(3).
Law Implemented:
SDCL
		28-7A-3(1)(3).
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:10 - Temporary assistance to needy families › Chapter 67:10:04 - Resource requirements › Section 67:10:04:06 - Exclusion of earned income tax credit

Current through Register Vol. 51, page 10, July 15, 2024
An earned income tax credit received by an individual is excluded from
	 consideration as a resource for 12 months from the date of receipt if the
	 individual was receiving assistance at the time of receipt and continues to
	 receive assistance.
If the individual was not receiving assistance when the tax credit was
	 received, the tax credit is excluded from consideration in the month received
	 and in the month following the month of receipt.
General Authority:
SDCL
		28-7A-3(1)(3).
Law Implemented:
SDCL
		28-7A-3(1)(3).
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:10 - Temporary assistance to needy families › Chapter 67:10:04 - Resource requirements › Section 67:10:04:07 - Exclusion of funds owned by dependent child

Current through Register Vol. 51, page 10, July 15, 2024
The department excludes the first $1,000 of the cumulative balance of a
	 dependent child's savings account, checking account, bonds, or certificates of
	 deposits if all of the following conditions are met:
(1) The excluded funds are owned solely by
  the dependent child or jointly with the caretaker or another adult
  relative;
(2) The child is at least
  a half-time student;
(3) The child
  is employed at least part-time or has been employed at least part-time in the
  preceding 12 months; and
(4) A
  portion of the account was derived from the child's earnings.
General Authority:
SDCL
		28-7A-3(1)(3).
Law Implemented:
SDCL
		28-7A-3(1)(3).
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:10 - Temporary assistance to needy families › Chapter 67:10:04 - Resource requirements › Section 67:10:04:08 - Other real property to be placed on market

Current through Register Vol. 51, page 10, July 15, 2024
Other real property is valued according to its equity value. The
	 department may waive the maximum resource limit for up to six months if the
	 other real property is placed on the market. The department may approve an
	 application for assistance and may pay assistance regardless of the ownership
	 of other real property if the owner or owners sign an agreement to sell the
	 property and to repay the department the amount of assistance received that
	 would not have been received had the property been sold at the beginning of the
	 period. Repayment may not exceed the amount of the net proceeds of the
	 sale.
After signing the agreement, the owner must take immediate action to
	 sell the property. The action to sell must consist of listing the other real
	 property with a reputable and active real estate broker who will use best
	 efforts to find a buyer. Listing the property in the local newspaper is not
	 sufficient. The property must be sold for a reasonable price as determined
	 according to §
									67:10:04:09. If the property is
	 not sold within the six-month limit or the family becomes ineligible for
	 assistance, the department considers the entire amount of assistance paid
	 during this period to be an overpayment.
General Authority:
SDCL
		28-7A-3(1)(3).
Law Implemented:
SDCL
		28-7A-3(1)(3).
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:10 - Temporary assistance to needy families › Chapter 67:10:04 - Resource requirements › Section 67:10:04:09 - Determining value of other real property

Current through Register Vol. 51, page 10, July 15, 2024
An individual must provide evidence to the department of the value of
	 other real property which the individual owns or in which the individual has an
	 interest. To provide this evidence, an individual must submit a list of current
	 encumbrances of record against the property and the fair market value as
	 determined by any of the following:
(1) A real estate appraiser;
(2) A BIA or tribal realty office;
(3) An average of three estimates from
  individuals, other than the applicant or recipient, familiar with and able to
  place a value on the property;
(4)
  A bank or savings and loan official; or
(5) The Farmers Home Administration.
Evidence submitted under this section may be verified by the
	 department.
General Authority:
SDCL
		28-7A-3(1)(3).
Law Implemented:
SDCL
		28-7A-3(1)(3).
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:10 - Temporary assistance to needy families › Chapter 67:10:04 - Resource requirements › Section 67:10:04:10 - Department reserves right to obtain independent valuation

Current through Register Vol. 51, page 10, July 15, 2024
The department shall accept the evidence of the fair market value
	 submitted by the individual unless the fair market value is obviously too high
	 or too low. If, in the department's opinion, the fair market value submitted is
	 obviously too high or too low, the department may obtain an independent fair
	 market valuation of the property. The department's fair market valuation shall
	 be used when determining equity value.
If discrepancies exist between the list of encumbrances obtained by the
	 department and the list submitted by the individual, the department's list of
	 encumbrances shall be used when determining equity value.
General Authority:
SDCL
		28-7A-3(1)(3).
Law Implemented:
SDCL
		28-7A-3(1)(3).
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:10 - Temporary assistance to needy families › Chapter 67:10:04 - Resource requirements › Section 67:10:04:11 - Proceeds from sale of real property held in trust

Current through Register Vol. 51, page 10, July 15, 2024
The department considers the proceeds received from the sale of real
	 property held in trust to be a resource and subject to the maximum resource
	 limit contained in §
									67:10:04:03 unless they were paid
	 under Pub. L. No. 92-254 (March 22, 1974), Pub. L. No. 93-134 (October 19,
	 1973), Pub. L. No. 94-114 (October 17, 1975), or Pub. L. No. 94-540 (October
	 18, 1976).
General Authority:
SDCL
		28-7A-3(1)(3)(12).
Law Implemented:
SDCL
		28-7A-3(1)(3)(12).
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:10 - Temporary assistance to needy families › Chapter 67:10:04 - Resource requirements › Section 67:10:04:12 - Vehicles considered

Current through Register Vol. 51, page 10, July 15, 2024
A licensed vehicle which is not excluded under the provisions of §
									67:10:04:04 is valued according to
	 the equity value and the fair market value which exceeds $4,650. The greater of
	 the results of these two calculations is counted towards the assistance unit's
	 maximum resource limit.
An unlicensed vehicle is valued according to its equity value. The
	 equity value counts towards the assistance unit's maximum resource
	 limit.
General Authority:
SDCL
		28-7A-3(1)(3).
Law Implemented:
SDCL
		28-7A-3(1)(3).
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:10 - Temporary assistance to needy families › Chapter 67:10:04 - Resource requirements › Section 67:10:04:13 - Personal property valued according to equity value

Current through Register Vol. 51, page 10, July 15, 2024
The department values an individual's personal property according to
	 its equity value.
General Authority:
SDCL
		28-7A-3(1)(3).
Law Implemented:
SDCL
		28-7A-3(1)(3).
Determining periods of ineligibility, §
											67:10:04:20.
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:10 - Temporary assistance to needy families › Chapter 67:10:04 - Resource requirements › Section 67:10:04:14 - Personal property held in trust

Current through Register Vol. 51, page 10, July 15, 2024
The department considers 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 considers a personal property trust created for the purpose of
	 rendering an individual eligible to receive public assistance to be a transfer
	 resulting in ineligibility.
General Authority:
SDCL
		28-7A-3(1)(3)(4).
Law Implemented:
SDCL
		28-7A-3(1)(3)(4).
Determining periods of ineligibility, §
											67:10:04:20.
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:10 - Temporary assistance to needy families › Chapter 67:10:04 - Resource requirements › Section 67:10:04:15 - Money held in joint account

Current through Register Vol. 51, page 10, July 15, 2024
Unless the conditions of §
									67:10:04:07 apply or the
	 individual produces clear and convincing evidence to the contrary, the
	 department considers money held in a joint account available to the individual
	 if the individual has the power to draw on the account.
General Authority:
SDCL
		28-7A-3(1)(3).
Law Implemented:
SDCL
		28-7A-3(1)(3).
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:10 - Temporary assistance to needy families › Chapter 67:10:04 - Resource requirements › Section 67:10:04:16 - Savings bonds

Current through Register Vol. 51, page 10, July 15, 2024
The department considers a savings bond according to its current value.
	 Unless the individual produces clear and convincing evidence to the contrary,
	 the department considers a bond held in co-ownership with another available to
	 the individual if the individual is the actual purchaser or has the power to
	 cash the bond.
General Authority:
SDCL
		28-7A-3(1)(3).
Law Implemented:
SDCL
		28-7A-3(1)(3).
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:10 - Temporary assistance to needy families › Chapter 67:10:04 - Resource requirements › Section 67:10:04:17 - Life insurance

Current through Register Vol. 51, page 10, July 15, 2024
The department considers a life insurance policy according to its cash
	 value.
General Authority:
SDCL
		28-7A-3(1)(3).
Law Implemented:
SDCL
		28-7A-3(1)(3).
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:10 - Temporary assistance to needy families › Chapter 67:10:04 - Resource requirements › Section 67:10:04:18 - Ineligibility if property transferred, sold, or assigned for purposes of establishing eligibility

Current through Register Vol. 51, page 10, July 15, 2024
An assistance unit is ineligible for assistance if it can be shown
	 that a member of the assistance unit transferred, sold, or assigned a resource
	 for the purpose of making the assistance unit eligible for assistance. The
	 lookback period for a transfer, sale, or assignment is three months prior to
	 the date of the application for assistance. In determining intent, the
	 department considers the following factors:
(1) The time period between the transfer,
  sale, or assignment of real or personal property and the time of the
  application for assistance; and
(2)
  Any information which would indicate that the transfer, sale, or assignment was
  made with the intent of making the assistance unit eligible for assistance.
Any legal reservation retained by a member of the assistance unit in
	 the transfer, sale, or assignment of real or personal property, such as life
	 estates, interest payments, rental payments, or installment payments, is
	 subject to the requirements of this chapter and the income requirements
	 contained in chapter 67:10:03.
General Authority:
SDCL
		28-7A-3(1)(3)(4).
Law Implemented:
SDCL
		28-7A-3(1)(3)(4).