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 67:10:03:03 - Income exempt from consideration

Current through Register Vol. 51, page 10, July 15, 2024
The following income is not considered available to meet the
	 assistance unit's needs and is exempt from consideration:
(1) Student financial assistance such as Pell
  grants, supplemental educational opportunity grants, state student incentive
  grants, college work study, Perkins loans, guaranteed student loans, and
  scholarships;
(2) County welfare
  funds or BIA general assistance grants for medical or hospital
  expenses;
(3) An amount up to $100
  which is received by a member of the assistance unit in the form of a gift
  received as a result of a recurring occasion such as a birthday or Christmas. A
  gift received by one member of the assistance unit without evidence that it is
  intended for the entire assistance unit is divided in a way that is most
  financially advantageous to the assistance unit if the recipient claims the
  gift is intended for the entire assistance unit;
(4) Interest income from a source other than
  a trust;
(5) Income earned by a
  dependent child under age 18 who is at least a half-time student;
(6) Income earned by a dependent child who is
  18 years old and a full-time student;
(7) Payments received as a result of the
  agent orange product liability settlement (Pub. L. 101-201, as amended to July 1, 2009; Pub. L. No. 101-239, as amended to July 1, 2009);
(8) Other than income received from
  on-the-job training, income received as a result of participating in the WIA
  program;
(9) Payments received as a
  volunteer in the Service Corps of Retired Executives (SCORE), the Active Corps
  of Executives (ACE), or any other program under Title II or Title
  III;
(10) Payments received as a
  volunteer under Title I (VISTA) of Pub. L. No. 93-113, as amended to July 1,
  2009;
(11) Judgment funds paid
  under Pub. L. No. 92-254, as amended to July 1, 2009, to members of the
  Blackfeet Tribe of the Blackfeet Indian Reservation, Montana, and the Gros
  Ventre Tribe of the Fort Belknap Reservation, Montana;
(12) Per capita payments of Indian judgment
  funds made pursuant to the provisions of Pub. L. No. 93-134, as amended to July
  1, 2009.
(13) Payments which are
  exempt from taxation under Alaska Native Claims Settlement Act, Pub. L. No.
  92-203, as amended to July 1, 2009;
(14) The value of the assistance unit's
  supplemental nutrition assistance allotment;
(15) A loan obtained by the assistance unit
  in good faith and expected to be paid back as evidenced by an agreement and a
  repayment schedule;
(16)
  Educational assistance from the BIA, tribal scholarships, and tribal
  educational grants;
(17) Advance
  payments or reimbursements to the participant from the work program for child
  care, transportation, work-related expenses, or work-related support services.
  Payments and reimbursements received under this subdivision include those
  payments and reimbursements received by the household from the Native
  Employment Work program;
(18)
  Earned income tax credit received by a member of the assistance unit;
(19) Tax refunds;
(20) Foster care payments for a child placed
  into a household under court order or placed by a federal, state, tribal, or
  local government foster care program if the child does not meet the specified
  degree of relationship to be included in the assistance unit. If the foster
  child meets the specified degree of relationship to be included in the
  assistance unit, the family has the option of including the child in the
  assistance unit and counting the foster care payment as income available to the
  unit, or excluding the foster child from the assistance unit and excluding the
  foster care payment as income available to the unit;
(21) A reimbursement for past or future
  expenses to the extent it does not exceed the actual expenses being reimbursed
  and does not represent a gain or benefit to the household;
(22) A vendor payment unless the payment is
  legally obligated and otherwise payable to the assistance unit but is diverted
  to a third party for a household expense;
(23) A charitable donation or assistance from
  a business, organization, agency, community endeavor, or church which is
  intended and used for purposes other than the assistance unit's basic
  month-to-month needs; and
(24)
  Compensation received from the crime victim's compensation program under
  Article 67:55.
General Authority:
SDCL
		28-7A-3(1)(3)(12).
Law Implemented:
SDCL
		28-7A-3(1)(3)(12).