ARSD Article 67:12 — ASSISTANCE PAYMENTS

ARSD 67:12:01:01 Definitions

Terms used in this article mean:

(1) "1115 waiver group," those assistance units participating in the demonstration project conducted under the waiver provisions contained in § 1115 of the Social Security Act as in effect on April 1, 1994;

(2) "Applicant," an individual who has directly or through an authorized representative applied for Aid to Families With Dependent Children from the department and whose application has not been terminated;

(3) "Assistance unit," a recipient or a group of related recipients within a household whose needs are recognized in one Aid to Families with Dependent Children grant;

(4) "Caretaker relative," a parent or relative with one of the degrees of relationship specified in § 67:12:01:27 who lives in the home and has the actual care and control of the child;

(5) "Control group," those assistance units not participating in the demonstration project conducted under the waiver provisions contained in § 1115 of the Social Security Act as in effect on April 1, 1994;

(6) "Deeming," the process in which income and resources are attributed to another person whether or not the income and resources are actually available to the other person;

(7) "Department," the Department of Social Services;

(8) "Dependent child," an individual who:

(a) Is under the age of eighteen, or age eighteen if a full-time student in a secondary school, or in the equivalent level of vocational or technical training program, and reasonably expected to graduate or complete the program before reaching age nineteen;

(b) Is living in the home of a parent or a caretaker relative; and

(c) Has been deprived of parental support or care by reason of the death, continued absence from the home, or physical or mental incapacity of a parent;

(9) "Earned income exemption," the amount determined according to § 67:12:05:14;

(10) "Medical-only," a medicaid coverage group for an individual who is ineligible for an Aid to Families With Dependent Children cash payment but is eligible for medicaid coverage under article 67:46 because they meet certain other criteria;

(11) "Parent caretaker relative," a natural parent, adoptive parent, or stepparent who lives in the home and has the actual care and control of a child for whom Aid to Families With Dependent Children is applied for or received, except for an Indian stepparent in Indian country, as defined in SDCL 1-1-12, who is under the exclusive jurisdiction of a tribe for purposes of determining the domestic relations rights of the family;

(12) "Recipient of Aid to Families With Dependent Children," an individual eligible for Aid to Families With Dependent Children assistance under article 67:12 whose needs are budgeted to determine the amount of the Aid to Families With Dependent Children cash payment;

(13) "Sponsor," a person, agency, or organization that executed an affidavit of support or similar agreement on behalf of an alien as a condition of the alien's entry into the United States;

(14) "Standard earned income deduction," or "deduction," the deduction for personal expenses according to § 67:12:05:18 associated with employment;

(15) "Strike," a work stoppage, including a work stoppage due to the expiration of a collective bargaining agreement, or deliberate slowdown or interruption of operations by a body of workers to enforce compliance with demands made on an employer; and

(16) "Student's income," either the earned income of a child who is at least a part-time student attending a school, college, or university or a course of vocational or technical training designed to fit the child for gainful employment or the earned income of a child who is a participant in the job corps program under the Job Training Partnership Act of 1982.

Collateral Reference: Indian stepparents, Arlis Iron Heart v James Ellenbecker and Otis R. Bowen, M.D., U.S. District Court for the District of South Dakota, Central Division, Civil Action No. 86-3057.

History

Source: SL 1975, ch 16, § 1; 2 SDR 88, effective July 1, 1976; 3 SDR 40, effective November 30, 1976; 4 SDR 10, effective August 28, 1977; 7 SDR 23, effective September 18, 1980; 7 SDR 66, 7 SDR 89, 7 SDR 120, effective July 1, 1981; 8 SDR 82, effective January 13, 1982; 8 SDR 95, effective February 18, 1982; 8 SDR 174, effective June 28, 1982; 9 SDR 24, effective September 2, 1982; 9 SDR 42, effective October 10, 1982; 9 SDR 148, effective May 26, 1983; 10 SDR 144, effective July 1, 1984; 12 SDR 112, effective January 16, 1986; 17 SDR 53, effective October 16, 1990; 20 SDR 196, effective May 23, 1994; 51 SDR 52, effective November 11, 2024.
General Authority: SDCL 28-6-1.
Law Implemented: SDCL 28-6-1.

ARSD 67:12:01:02 Application -- Inquiry, Repealed

67:12:01:02. Application -- Inquiry. Repealed.

History

Source: SL 1975, ch 16, § 1; 7 SDR 66, 7 SDR 89, effective July 1, 1981; 51 SDR 52, effective November 11, 2024.

ARSD 67:12:01:03 Signed application

The department shall require an application for assistance, signed under a penalty of perjury. The application must be signed by the applicant or the applicant's authorized representative or, if the applicant is incompetent or incapacitated, by someone acting for the applicant.

Cross-Reference: Application signed under penalty of perjury, 45 C.F.R. § 206.10(a)(1)(ii).

History

Source: SL 1975, ch 16, § 1; 7 SDR 66, 7 SDR 89, effective July 1, 1981; 51 SDR 52, effective November 11, 2024.
General Authority: SDCL 28-6-1.
Law Implemented: SDCL 28-6-1, 28-6-5.

ARSD 67:12:01:03.01 Client has right to be assisted or represented

The applicant or recipient may be assisted or represented by an individual of the applicant's or recipient's choice during the application process, redetermination of eligibility, and any other contacts with the department.

History

Source: 7 SDR 66, 7 SDR 89, effective July 1, 1981; 51 SDR 52, effective November 11, 2024.
General Authority: SDCL 28-6-1.
Law Implemented: SDCL 28-6-1.

ARSD 67:12:01:04 Repealed

67:12:01:04. Single application for AFDC and medical assistance.Repealed.

History

Source: SL 1975, ch 16, § 1; 7 SDR 66, 7 SDR 89, effective July 1, 1981; repealed, 23 SDR 109, effective January 5, 1997.

ARSD 67:12:01:05 Method of determining initial and continuing eligibility

Initial and continuing eligibility for assistance payments is based on factual statements submitted by the assistance unit. Verification through personal contacts or home visits is required for living arrangements, family composition, school enrollment, resources, and all income. Initial or continued eligibility may also depend on a professional or administrative determination of incapacity and whether training, employment, or cooperation with the Office of Child Support Enforcement was refused for good cause. The department shall also maintain a quality control system to sample completed initial and continuing eligibility determinations to verify client information, review agency actions, and ensure conformity with the state plan.

Cross-References:

Determination of incapacity by disability incapacity consultation team, § 67:12:01:40.

Applicant or recipient to establish good cause, § 67:12:01:66.02.

History

Source: SL 1975, ch 16, § 1; 1 SDR 53, effective January 22, 1975; 7 SDR 66, 7 SDR 89, effective July 1, 1981; 12 SDR 204, effective July 1, 1986; 51 SDR 52, effective November 11, 2024.
General Authority: SDCL 28-6-1.
Law Implemented: SDCL 28-6-1.

ARSD 67:12:01:06 Determination of eligibility within forty-five days

The department shall make an eligibility determination as soon as possible on applications. The period between the date of the signed application and the date that the assistance check or notification of denial of assistance is mailed to the applicant may not exceed forty-five days, except in circumstances described in § 67:12:01:08.

History

Source: SL 1975, ch 16, § 1; 2 SDR 88, effective July 1, 1976; 7 SDR 23, effective September 18, 1980; 7 SDR 66, 7 SDR 89, effective July 1, 1981; 51 SDR 52, effective November 11, 2024.
General Authority: SDCL 28-6-1.
Law Implemented: SDCL 28-6-1.

ARSD 67:12:01:06.01 Applicant to provide information promptly

Information and verifications needed to determine initial eligibility must be provided by the applicant no later than thirty-five days from the date of the signed application, except in circumstances described in § 67:12:01:08.

Cross-Reference: Cooperation of applicant or recipient, § 67:12:01:70.

History

Source: 7 SDR 66, 7 SDR 89, effective July 1, 1981; 51 SDR 52, effective November 11, 2024.
General Authority: 28-6-1.
Law Implemented: 28-6-1.

ARSD 67:12:01:07 Prompt determination of continuing eligibility

The department must terminate or adjust a payment no later than the second month following the month when the change of circumstances that affects eligibility or extent of entitlement occurs, unless a hearing has been requested.

Cross-Reference: Continuance of aid pending hearing decision, § 67:12:02:09.

History

Source: SL 1975, ch 16, § 1; 2 SDR 62, effective April 5, 1976; 2 SDR 88, effective July 1, 1976; 7 SDR 66, 7 SDR 89, effective July 1, 1981; 51 SDR 52, effective November 11, 2024.
General Authority: SDCL 28-6-1.
Law Implemented: SDCL 28-6-1.

ARSD 67:12:01:08 Proper application of time standards

Time standards set by §§ 67:12:01:06 to 67:12:01:07, inclusive, apply when determining Aid to Families with Dependent Children (AFDC) eligibility or AFDC continuing eligibility for services. The time standards do not apply when circumstances beyond the control of the applicant, recipient, or the department prevent the department from reaching a prompt decision on AFDC eligibility or AFDC continuing eligibility. The department shall record the circumstances in the case record. The time standards for determining AFDC eligibility ot AFDC continuing eligibility may not be used as a waiting period before granting aid, or as a basis for denial of an application or for termination of assistance.

Cross-Reference: Cooperation of applicant or recipient, § 67:12:01:70.

History

Source: SL 1975, ch 16, § 1; 3 SDR 52, effective January 27, 1977; 7 SDR 66, 7 SDR 89, effective July 1, 1981; 51 SDR 52, effective November 11, 2024.
General Authority: SDCL 28-6-1.
Law Implemented: SDCL 28-6-1.

ARSD 67:12:01:09 Case record to contain facts on eligibility decisions

The department shall note the applicant's or recipient's case record of supportive facts for each decision regarding eligibility or ineligibility except when:

(1) The applicant voluntarily withdraws the application, and there is an entry in the case record that a notice has been sent to confirm the applicant's notification to the agency that the applicant has withdrawn the application; or

(2) There is an entry in the case record that the applicant died or could not be located and the application is deemed withdrawn.

History

Source: SL 1975, ch 16, § 1; 7 SDR 66, 7 SDR 89, effective July 1, 1981; 51 SDR 52, effective November 11, 2024.
General Authority: SDCL 28-6-1.
Law Implemented: SDCL 28-6-1.

ARSD 67:12:01:10 Applicants to be informed in writing and orally

The department shall inform an applicant about eligibility requirements and conditions, coverage, scope of program, related services available, and the rights and responsibilities of applicants and recipients. This information must be given in written form and orally, as appropriate, and must be publicized in pamphlets or bulletins.

History

Source: SL 1975, ch 16, § 1; 7 SDR 23, effective September 18, 1980; 7 SDR 66, 7 SDR 89, effective July 1, 1981; 51 SDR 52, effective November 11, 2024.
General Authority: SDCL 28-6-1.
Law Implemented: SDCL 28-6-1.

ARSD 67:12:01:11 Date entitlement for financial assistance begins

Entitlement for financial assistance may not begin before the date of application. The department shall issue a payment for the remainder of the month if the assistance unit meets all eligibility conditions.

Cross-References:

Signed application, § 67:12:01:03.

Application, determination of eligibility and furnishing assistance, 45 C.F.R. § 206.10.

General provisions regarding coverage and eligibility, 45 C.F.R. § 233.10(b)(3).

Determination of initial month's benefits, § 67:12:06:38.01.

History

Source: SL 1975, ch 16, § 1; 2 SDR 88, effective July 1, 1976; 3 SDR 52, effective January 27, 1977; 7 SDR 66, 7 SDR 89, effective July 1, 1981; 8 SDR 58, effective November 29, 1981; 9 SDR 72, effective December 14, 1982; 21 SDR 172, effective April 3, 1995; 51 SDR 52, effective November 11, 2024.
General Authority: SDCL 28-6-1.
Law Implemented: SDCL 28-6-1.

ARSD 67:12:01:12 Recipient to report change of circumstances

The recipient shall report any material change of circumstances affecting eligibility to the department within ten days after the date the change occurred. In addition, a recipient shall report to the department any anticipated material changes as soon as the recipient becomes aware of them. The recipient shall also report these changes on the next monthly report required by § 67:12:06:34.

Cross-Reference: Timely and accurate reporting of changes, 45 C.F.R. § 206.10(a)(2)(ii).

History

Source: SL 1975, ch 16, § 1; 2 SDR 88, effective July 1, 1976; 4 SDR 10, effective August 28, 1977; 7 SDR 30, effective October 5, 1980; 7 SDR 66, 7 SDR 89, effective July 1, 1981; 8 SDR 58, effective November 29, 1981; 8 SDR 125, effective April 4, 1982; 51 SDR 52, effective November 11, 2024.
General Authority: SDCL 28-6-1.
Law Implemented: SDCL 28-6-1.

ARSD 67:12:01:12.01 Repealed

67:12:01:12.01. Accounting for an interim change in circumstances not reported by a recipient.Repealed.

History

Source: 1 SDR 66, effective April 6, 1975; 2 SDR 62, effective April 5, 1976; repealed, 2 SDR 88, effective July 1, 1976.

ARSD 67:12:01:13 Full determination of continuing eligibility

The department shall make a full determination of continuing eligibility and extent of entitlement at least once every twelve months for those Aid to Families with Dependent Children (AFDC) assistance units who are required to report monthly under § 67:12:06:34 and at least once every six months for those AFDC assistance units who are exempt from monthly reporting under § 67:12:06:34.01.

History

Source: SL 1975, ch 16, § 1; 3 SDR 40, effective November 30, 1976; 7 SDR 66, 7 SDR 89, effective July 1, 1981; 8 SDR 58, effective November 29, 1981; 9 SDR 24, effective September 2, 1982; 10 SDR 144, effective July 1, 1984; 12 SDR 204, effective July 1, 1986; 15 SDR 203, effective July 2, 1989; 51 SDR 52, effective November 11, 2024.
General Authority: SDCL 28-6-1.
Law Implemented: SDCL 28-6-1.

ARSD 67:12:01:14 Citizenship and alienage

In addition to meeting the eligibility criteria under this article, a person must be a resident of the United States and either a citizen or national or an alien lawfully admitted for permanent residence or otherwise permanently residing in the United States under color of law.

Aliens granted lawful temporary resident status are ineligible for Aid to Families With Dependent Children (AFDC) for a period of five years from the effective date of the status. This period of ineligibility continues throughout the five-year period even if the temporary status changes to permanent status.

Effective October 1, 1988, as a condition of eligibility for AFDC, an individual must declare in writing whether the individual is a citizen or national of the United States. If the individual is not a citizen or national of the United States, the individual must declare in writing whether the individual is in satisfactory immigration status and provide the department with documents that confirm the immigration status.

Cross-Reference: Citizenship and alienage, 45 C.F.R. § 233.50.

History

Source: SL 1975, ch 16, § 1; 7 SDR 66, 7 SDR 89, effective July 1, 1981; 8 SDR 95, effective February 18, 1982; 15 SDR 67, effective November 6, 1988; 51 SDR 52, effective November 11, 2024.
General Authority: SDCL 28-6-1.
Law Implemented: SDCL 28-6-1.

ARSD 67:12:01:14.01 Deeming of sponsor's income and resources to alien when sponsor is an individual -- Cooperation of sponsor is condition of eligibility

If the alien's sponsor is an individual, the income and resources of the sponsor and the sponsor's spouse, if any, are deemed to be the unearned income and resources of the alien.

The alien must obtain the cooperation of the sponsor for purposes of determining the income and resources that can be available to the alien. An alien who is unable to obtain this cooperation is ineligible for assistance.

This section applies to an alien whose first application for assistance is received after September 30, 1981, and applies for a period of three consecutive years following the date the alien entered the United States.

Cross-References:

Eligibility of sponsored aliens, 45 C.F.R. § 233.51.

Aliens exempt from sponsor deeming, § 67:12:01:14.02.

History

Source: 8 SDR 95, effective February 18, 1982; 12 SDR 112, effective January 16, 1986; 51 SDR 52, effective November 11, 2024.
General Authority: SDCL 28-6-1.
Law Implemented: SDCL 28-6-1.

ARSD 67:12:01:14.02 Aliens exempt from sponsor deeming

An alien who meets the following requirements is exempt from complying with §§ 67:12:01:14.01 and 67:12:01:14.03:

(1) An asylee or refugee under sections 203(a)(7), 207(c), 212(d)(5), or 208 of the Immigration and Nationality Act of 1952, Pub. L. No. 82-414, § 101, 66 Stat. 163, 167 (1952) (codified as amended at 8 U.S.C. § 1101);

(2) A Cuban or Haitian entrant, as defined in the Refugee Education Assistance Act of 1980, Pub. L. No. 96-422, § 501(e), 94 Stat. 1809 (1980); or

(3) The dependent child of the sponsor or the sponsor's spouse.

Cross-Reference: Eligibility of sponsored aliens -- Exemptions, 45 C.F.R. § 233.51(g).

History

Source: 8 SDR 95, effective February 18, 1982; 9 SDR 114, effective March 6, 1983; 12 SDR 112, effective January 16, 1986; 51 SDR 52, effective November 11, 2024.
General Authority: SDCL 28-6-1.
Law Implemented: SDCL 28-6-1.

ARSD 67:12:01:14.03 Eligibility of alien sponsored by public or private organization or agency -- Cooperation of sponsor is condition of eligibility

If the alien's sponsor is a public or private agency or organization, the alien is ineligible for assistance for a period of three consecutive years following entry for permanent residence into the United States unless the department determines that the agency or organization no longer exists or has become unable to meet the alien's needs.

The alien is responsible for providing the information and documentation necessary for the department to determine eligibility and for obtaining the cooperation of the sponsor, if necessary. An alien who is unable to obtain the sponsor's cooperation is ineligible for assistance.

This section applies to an alien whose first application for assistance is received after September 30, 1984.

Cross-References:

Eligibility of sponsored aliens, 45 C.F.R. § 233.51(e).

Aliens exempt from sponsor deeming, § 67:12:01:14.02.

History

Source: 12 SDR 112, effective January 16, 1986; 51 SDR 52, effective November 11, 2024.
General Authority: SDCL 28-6-1.
Law Implemented: SDCL 28-6-1.

ARSD 67:12:01:15 Determination of residence of child in aid to families with dependent children program

For the aid to families with dependent children program, a child is a resident of the state where the caretaker relative is a resident. The caretaker relative is considered a resident of the state of South Dakota when physically present in the state with an expressed intent to remain, when entering the state with a job commitment, or when seeking employment in the state, whether or not currently employed in the state.

Cross-Reference: Residence, 45 C.F.R. §§ 233.40(a)(1).

History

Source: SL 1975, ch 16, § 1; 7 SDR 23, effective September 18, 1980; 7 SDR 66, 7 SDR 89, effective July 1, 1981; 51 SDR 52, effective November 11, 2024; 52 SDR 55, effective December 2, 2025.
General Authority: SDCL 28-6-1.
Law Implemented: SDCL 28-6-1.

ARSD 67:12:01:16 Residence determination for applicants or recipients who leave the state

The following circumstances must be considered when determining the residence of, and the conditions of payments for, an applicant or recipient who leaves the state:

(1) An applicant or recipient who leaves the state voluntarily is considered a resident of the state where the applicant or recipient moves, unless the applicant or recipient declares an intention to return to South Dakota. An applicant or recipient who leaves South Dakota involuntarily, such as a person with an intellectual disability or a child, retains residence in South Dakota until eligibility is established for assistance in another state;

(2) If a recipient meets residence requirements in another state but delays unreasonably in applying for assistance or if the recipient meets residence requirements of and applies in another state but the application is rejected, assistance from South Dakota must be terminated;

(3) If the recipient expects to be temporarily absent from the state, the provisions of § 67:12:01:50 apply; and

(4) If a recipient has lived in another state long enough to indicate that the absence is not temporary and the recipient declares an intent to make that state the recipient's home, the caseworker must refer the recipient to the other state agency to apply for assistance. Assistance from South Dakota must be continued for up to three months after the referral.

History

Source: SL 1975, ch 16, § 1; 3 SDR 52, effective January 27, 1977; 5 SDR 48, effective December 19, 1978; 7 SDR 66, 7 SDR 89, effective July 1, 1981; 51 SDR 52, effective November 11, 2024.
General Authority: SDCL 28-6-1.
Law Implemented: SDCL 28-6-1.

ARSD 67:12:01:17 Eligibility of applicant or recipient who receives assistance from another state

An applicant or recipient who receives assistance from another state for the same need is not eligible for Aid to Families With Dependent Children from the department in any period for which assistance is received from the other state.

History

Source: SL 1975, ch 16, § 1; 7 SDR 23, effective September 18, 1980; 7 SDR 66, 7 SDR 89, effective July 1, 1981; 12 SDR 112, effective January 16, 1986; 13 SDR 193, effective June 22, 1987; 51 SDR 52, effective November 11, 2024.
General Authority: SDCL 28-6-1.
Law Implemented: SDCL 28-6-1.

ARSD 67:12:01:18 Termination to result if caseworker cannot locate recipient applicant

67:12:01:18. Termination to result if caseworker cannot locate recipient or applicant. If the caseworker cannot locate a recipient, assistance must be terminated. If the caseworker cannot locate an applicant, the application must be rejected.

History

Source: SL 1975, ch 16, § 1; 4 SDR 10, effective August 28, 1977; 7 SDR 30, effective October 5, 1980; 7 SDR 66, 7 SDR 89, effective July 1, 1981; 51 SDR 52, effective November 11, 2024.
General Authority: SDCL 28-6-1.
Law Implemented: SDCL 28-6-1.

ARSD 67:12:01:19 Age requirements for aid to families with dependent children

A child may be eligible for the aid to families with dependent children program if the child is a dependent child.

History

Source: SL 1975, ch 16, § 1; 7 SDR 23, effective September 18, 1980; 7 SDR 66, 7 SDR 89, effective July 1, 1981; 10 SDR 68, effective January 1, 1984; 51 SDR 52, effective November 11, 2024; 52 SDR 55, effective December 2, 2025.
General Authority: SDCL 28-6-1.
Law Implemented: SDCL 28-6-1.

ARSD 67:12:01:20 Repealed

67:12:01:20. Payments during school vacation.Repealed.

History

Source: SL 1975, ch 16, § 1; repealed, 7 SDR 66, 7 SDR 89, effective July 1, 1981.

ARSD 67:12:01:21 "Regularly attending school" defined

A child may be considered a student regularly attending a school or training course if:

(1) The child is enrolled in and physically attending a full-time program of study or training leading to a certificate, diploma, or degree, as certified by the school or institute attended;

(2) The child is enrolled in and physically attending at least half-time a program of study or training leading to a certificate, diploma, or degree, as certified by the school or institute attended, and is regularly employed in or available for and actively seeking part-time employment; or

(3) The child is enrolled in and physically attending at least half-time a program of study or training leading to a certificate, diploma, or degree, as certified by the school or institute attended, and is precluded from full-time attendance or part-time employment because of a verified physical disability.

A child is considered in regular attendance in the months when the child is not attending because of official school or training program vacation if there is an intent and a plan to attend an educational institute within the next three months and in the months when the child is unable to attend because of illness, convalescence, or family emergency. A child is also considered in regular attendance for the month the child discontinues school or the training program.

History

Source: SL 1975, ch 16, § 1; 7 SDR 66, 7 SDR 89, effective July 1, 1981; 51 SDR 52, effective November 11, 2024.
General Authority: SDCL 28-6-1.
Law Implemented: SDCL 28-6-1.

ARSD 67:12:01:22 "Full-time" and "half-time" student defined

Full-time and half-time attendance are defined as follows:

(1) In a trade or technical school program involving shop practice, full time is thirty clock hours per week and half time is fifteen clock hours;

(2) In a trade or technical school program without shop practice, full time is twenty-five clock hours per week and half time is twelve clock hours per week;

(3) In a college or university, full time is twelve semester or quarter hours and half time is eight semester or quarter hours;

(4) In a secondary school, full time is twenty-five clock hours per week or four Carnegie units per year and half time is twelve clock hours or two Carnegie units; and

(5) In a secondary education program of cooperative training or in apprenticeship training, full-time attendance is as defined by the Department of Education.

History

Source: SL 1975, ch 16, § 1; 7 SDR 66, 7 SDR 89, effective July 1, 1981; 51 SDR 52, effective November 11, 2024.
General Authority: SDCL 28-6-1.
Law Implemented: SDCL 28-6-1.

ARSD 67:12:01:23 Medical-only coverage for certain children and pregnant women

The following individuals are eligible for Aid to Families With Dependent Children (AFDC) medical-only services provided under article 67:46:

(1) A pregnant woman who meets the AFDC income and resource requirements of an assistance unit composed of the pregnant woman, her unborn child, and, if living in the home, the pregnant woman's spouse and any other family member who is applying for or receiving medical-only assistance under this section. At the family's option, any other household member who could be included in an AFDC assistance unit may be included in the determination. The pregnancy must be verified by a licensed or certified physician, physician's assistant, nurse practitioner, nurse midwife, community health nurse, or family planning nurse. Eligibility continues throughout the pregnancy without regard to income changes;

(2) A woman who applied for medicaid while pregnant and who was eligible for and received medicaid on the date the pregnancy ended. Eligibility continues to the end of the month sixty days after the pregnancy ends if the AFDC resource limit is not exceeded. Coverage is limited to postpartum care and family planning services;

(3) A child under age seven, if the AFDC assistance unit meets the AFDC income and resource requirements. The AFDC assistance unit comprises the child, the child's parents living in the home, and any other family member who is applying for or receiving medical-only assistance under this section. At the family's option, any other household member who could be included in an AFDC assistance unit may be included in the determination;

(4) A dependent child of a minor parent who is ineligible for AFDC because of the deeming of the income of the minor parent's parent or the income of a sibling of the child;

(5) A child under age six, whose family income is up to one hundred thirty-three percent of the federal poverty level established in § 67:11:01:03. Eligibility continues up to age six as long as the family income remains below one hundred thirty-three percent of the federal poverty level. Persons considered in the determination are the child and any parents of the child living in the household as well as any other family member who is applying for or receiving medical-only assistance under this section. At the family's option, any other household member who could be included in an AFDC assistance unit may be included in the determination. Income is determined according to AFDC eligibility criteria;

(6) A pregnant woman whose family income is up to one hundred thirty-three percent of the federal poverty level established in § 67:11:01:03. Eligibility continues throughout the pregnancy and to the end of the month sixty days after the pregnancy ends without regard to income changes. Services payable are limited to those services that are related to pregnancy, postpartum care, or family planning. The pregnancy must be verified by a licensed or certified physician, physician's assistant, nurse practitioner, nurse midwife, community health nurse, or family planning nurse. Persons considered in the poverty level determination include the pregnant woman, her unborn child, and, if living in the home, the pregnant woman's spouse and any other family member who is applying for or receiving medical-only assistance under this section. At the family's option, any other household member who could be included in an AFDC assistance unit may be included in the income determination. Income is determined according to AFDC eligibility criteria;

(7) A child who is age six but not yet age nineteen, whose family income is up to one hundred percent of the federal poverty level established in § 67:11:01:03. Persons considered in the determination are the child and the child's parents living in the home and other family members in the household who are applying for or receiving medical-only assistance under this section. At the family's option, any other household member who could be included in the AFDC assistance unit may be included in the income determination. Income is determined according to AFDC eligibility criteria; and

(8) A child born to a woman eligible for and receiving medicaid on the date of the child's birth. Eligibility continues for up to one year as long as the child is in the mother's household and the mother remains a resident of the state.

Cross-References:

Medicaid coverage for children and pregnant women, Deficit Reduction Act of 1984, Pub. L. No. 98-369, § 2361, 98 Stat. 1104 (1984).

Individuals who must be included in assistance unit, § 67:12:01:69.

Consideration of income of parent of minor parent, § 67:12:05:52.01.

Eligibility requirements, § 67:46:01:02.

History

Source: SL 1975, ch 16, § 1; 7 SDR 66, 7 SDR 89, effective July 1, 1981; repealed, 8 SDR 82, effective January 13, 1982; readopted, 8 SDR 174, effective June 28, 1982; 12 SDR 4, effective July 21, 1985; 12 SDR 112, effective January 16, 1986; 13 SDR 193, effective June 22, 1987; 15 SDR 2, effective July 17, 1988; 15 SDR 171, effective May 15, 1989; 17 SDR 8, effective July 23, 1990; 17 SDR 200, effective July 1, 1991; 19 SDR 68, effective November 9, 1992; 20 SDR 92, effective December 21, 1993; 21 SDR 67, effective October 13, 1994; 21 SDR 162, effective March 23, 1995; 22 SDR 32, effective September 11, 1995; 51 SDR 52, effective November 11, 2024.
General Authority: SDCL 28-6-1.
Law Implemented: SDCL 28-6-1.

ARSD 67:12:01:23.01 Repealed

67:12:01:23.01. Unemancipated minor parent not eligible for ADC.Repealed.

History

Source: 4 SDR 60, effective March 26, 1978; 7 SDR 23, effective September 18, 1980; 7 SDR 66, 7 SDR 89, effective July 1, 1981; repealed, 8 SDR 58, effective November 29, 1981.

ARSD 67:12:01:24 Repealed

67:12:01:24. Age of applicant.Repealed.

History

Source: SL 1975, ch 16, § 1; 3 SDR 52, effective January 27, 1977; 4 SDR 10, effective August 28, 1977; 4 SDR 60, effective March 26, 1978; 7 SDR 66, 7 SDR 89, effective July 1, 1981; 21 SDR 172, effective April 3, 1995; repealed, 23 SDR 109, effective January 5, 1997.

ARSD 67:12:01:25 Beginning of eligibility when only year of birth known

If the age verification establishes the year but not the month and day of birth, the applicant is eligible for payment effective July first. If the applicant claims a birth date after July first, eligibility for payment begins the first day of the month following the stated month of birth.

History

Source: SL 1975, ch 16, § 1; 3 SDR 52, effective January 27, 1977; 7 SDR 66, 7 SDR 89, effective July 1, 1981; 51 SDR 52, effective November 11, 2024.
General Authority: SDCL 28-6-1.
Law Implemented: SDCL 28-6-1.

ARSD 67:12:01:26 Repealed

67:12:01:26. Relative must provide physical care and protection.Repealed.

History

Source: SL 1975, ch 16, § 1; repealed, 7 SDR 66, 7 SDR 89, effective July 1, 1981.

ARSD 67:12:01:27 Specific degree of relationship between child and parent or relative

There shall be a specific degree of relationship between a child and a parent or relative in order to be eligible for assistance. This does not include emergency protective or foster care payees. Acceptable degrees of relationship are as follows:

(1) Father, mother, brother, sister, uncle, aunt, first cousin, nephew, or niece, including those of half-blood; relatives of the preceding generation denoted by the prefixes of grand, great, or great-great; first cousin once removed; and great-great-great grandparent;

(2) Stepfather, stepmother, stepbrother, or stepsister;

(3) A person who achieves the degree of relationship specified in subdivisions (1) or (2) by the process of legal adoption; and

(4) Spouses of any of the relatives specified in subdivisions (1), (2) or (3), even though the marriage is terminated by death or divorce.

Cross-Reference: Requirement of living with a specified relative, 45 C.F.R. § 233.90(c)(1)(v).

History

Source: SL 1975, ch 16, § 1; 5 SDR 48, effective December 19, 1978; 7 SDR 66, 7 SDR 89, effective July 1, 1981; 8 SDR 58, effective November 29, 1981; 19 SDR 68, effective November 9, 1992; 51 SDR 52, effective November 11, 2024.
General Authority: SDCL 28-6-1.
Law Implemented: SDCL 28-6-1.

ARSD 67:12:01:28 Repealed

67:12:01:28. WIN registration required.Repealed.

History

Source: SL 1975, ch 16, § 1; 2 SDR 88, effective July 1, 1976; 7 SDR 66, 7 SDR 89, effective July 1, 1981; 8 SDR 174, effective June 28, 1982; repealed, 16 SDR 99, effective December 7, 1989.

ARSD 67:12:01:29 Deprivation of parental support or care because of continued absence from the home

Continued absence of the parent from the home is regarded as deprivation of parental support or care according to the following criteria:

(1) The parent is physically absent from the home;

(2) Facts exist supporting the presumption that the absence will continue for a period longer than thirty days; and

(3) The absence results in the child losing or having a substantial reduction of physical care, communication, guidance, and support by at least one of the child's parents, either natural, adoptive, or stepparent.

History

Source: SL 1975, ch 16, § 1; 2 SDR 88, effective July 1, 1976; 7 SDR 66, 7 SDR 89, effective July 1, 1981; 51 SDR 52, effective November 11, 2024.
General Authority: SDCL 28-6-1.
Law Implemented: SDCL 28-6-1.

ARSD 67:12:01:30 Absence of parent because of employment, seeking employment, or attending school

The absence of a parent from the home for the purposes of seeking employment, actual employment, or attending school is not considered deprivation of parental support or care unless the criteria in § 67:12:01:29 are met.

History

Source: SL 1975, ch 16, § 1; 4 SDR 60, effective March 26, 1978; 7 SDR 66, 7 SDR 89, effective July 1, 1981; 51 SDR 52, effective November 11, 2024.
General Authority: SDCL 28-6-1.
Law Implemented: SDCL 28-6-1.

ARSD 67:12:01:31 Absence of parent due to hospitalization, imprisonment, and deportation

In accordance with the criteria in § 67:12:01:29, hospitalization, imprisonment, and deportation is considered deprivation of parental support. A parent who is a convicted offender serving a court-imposed sentence but permitted to live at home while earning no income and performing unpaid public work or unpaid community service during the work day is considered absent from the home.

Cross-Reference: Continued absence of the parent from the home, 45 C.F.R. § 233.90(c)(1)(iii).

History

Source: SL 1975, ch 16, § 1; 7 SDR 53, effective December 11, 1980; 7 SDR 66, 7 SDR 89, effective July 1, 1981; 51 SDR 52, effective November 11. 2024.
General Authority: SDCL 28-6-1.
Law Implemented: SDCL 28-6-1.

ARSD 67:12:01:32 Absence of parent due to uniformed service

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 not considered deprived of parental support or care.

For purposes of this section, "uniformed services" consist of the United States Army, Navy, Air Force, Marine Corps, Coast Guard, National Oceanographic and Atmospheric Administration, and Public Health Service.

Cross-Reference: Continued absence of the parent from the home, 45 C.F.R. § 233.090(c)(1)(iii).

History

Source: SL 1975, ch 16, § 1; 7 SDR 66, 7 SDR 89, effective July 1, 1981; 10 SDR 144, effective July 1, 1984; 51 SDR 52, effective November 11, 2024.
General Authority: SDCL 28-6-1.
Law Implemented: SDCL 28-6-1.

ARSD 67:12:01:33 Absence of parent if mother not married to father of child

When the mother of the child is not and has not been married to the father of the child, the continued absence of either parent from the home may be considered deprivation of parental support or care if the criteria of § 67:12:01:29 are met.

History

Source: SL 1975, ch 16, § 1; 7 SDR 66, 7 SDR 89, effective July 1, 1981; 51 SDR 52, effective November 11, 2024.
General Authority: SDCL 28-6-1.
Law Implemented: SDCL 28-6-1.

ARSD 67:12:01:34 Absence of parent due to divorce or separate maintenance decrees

A divorce or separate maintenance decree constitutes deprivation of parental support by continued absence of the parent from the home if one of the parents leaves the marital home and the criteria of § 67:12:01:29 are met. If financial need exists while awaiting a divorce or separate maintenance decree, approval of the application may not be held up pending the completion of the court actions.

History

Source: SL 1975, ch 16, § 1; 7 SDR 66, 7 SDR 89, effective July 1, 1981; 51 SDR 52, effective November 11, 2024.
General Authority: SDCL 28-6-1.
Law Implemented: SDCL 28-6-1.

ARSD 67:12:01:35 Absence of parent by mutual agreement of separation

A mutual agreement of separation shall constitute deprivation of parental support if the criteria of § 67:12:01:29 are met.

History

Source: SL 1975, ch 16, § 1; 7 SDR 66, 7 SDR 89, effective July 1, 1981; 51 SDR 52, effective November 11, 2024.
General Authority: SDCL 28-6-1.
Law Implemented: SDCL 28-6-1.

ARSD 67:12:01:36 Repealed

67:12:01:36. Absence of parent by desertion.Repealed.

History

Source: SL 1975, ch 16, § 1; 7 SDR 66, 7 SDR 89, effective July 1, 1981; repealed, 21 SDR 172, effective April 3, 1995.

ARSD 67:12:01:37 Absence of parent in unstable family situation

Notwithstanding § 67:12:01:29, in unstable family situations where the absent parent is in and out of the home intermittently and does not function as the provider of maintenance or fails to provide physical care and guidance for the child on a relatively permanent and continuing basis, the child involved is considered deprived of parental support or care within the meaning of the Aid to Families With Dependent Children program.

History

Source: SL 1975, ch 16, § 1; 4 SDR 60, effective March 26, 1978; 7 SDR 66, 7 SDR 89, effective July 1, 1981; 8 SDR 58, effective November 29, 1981; 51 SDR 52, effective November 11, 2024.
General Authority: SDCL 28-6-1.
Law Implemented: SDCL 28-6-1.

ARSD 67:12:01:38 Repealed

67:12:01:38. Determination of continued payments when absent parent returns to family.Repealed.

History

Source: SL 1975, ch 16, § 1; 7 SDR 23, effective September 18, 1980; 7 SDR 66, 7 SDR 89, effective July 1, 1981; 8 SDR 82, effective January 13, 1982; 12 SDR 4, effective July 21, 1985; repealed, 17 SDR 53, effective October 16, 1990.

ARSD 67:12:01:39 Deprivation of parental support or care because of physical or mental incapacity of parent

Sections 67:12:01:40 to 67:12:01:48, inclusive, implement the 45 C.F.R. § 233.90(c) (May 19, 1994) eligibility requirement of deprivation of parental support or care by reason of the mental or physical incapacity of parent.

History

Source: SL 1975, ch 16, § 1; 7 SDR 66, 7 SDR 89, effective July 1, 1981; 17 SDR 53, effective October 16, 1990; 51 SDR 52, effective November 11, 2024.
General Authority: SDCL 28-6-1.
Law Implemented: SDCL 28-6-1.

ARSD 67:12:01:40 Determination of incapacity by disability incapacity consultation team

The disability incapacity consultation team shall determine eligibility because of incapacity on the basis of medical evidence supplemented by a social history and work history completed by the caseworker. Medical evidence may be a physician's report from the physician's records, a copy of records, or if necessary, the findings of an examination completed for this purpose.

Cross-Reference: Definition of "disability/incapacity consultation team", § 67:16:01:01(7).

History

Source: SL 1975, ch 16, § 1; 7 SDR 66, 7 SDR 89, effective July 1, 1981; 18 SDR 67, effective October 13, 1991; 51 SDR 52, effective November 11, 2024.
General Authority: SDCL 28-6-1.
Law Implemented: SDCL 28-6-1.

ARSD 67:12:01:41 Definition of "physical or mental incapacity."

"Physical or mental incapacity" of a parent exists when one parent has a physical or mental defect, illness, or impairment. The incapacity must be:

(1) Supported by competent medical testimony;

(2) So debilitating as to reduce substantially or eliminate the parent's ability to support or care for the otherwise eligible child; and

(3) Expected to last for a period of at least thirty days.

History

Source: SL 1975, ch 16, § 1; 1 SDR 30, effective October 13, 1974; 7 SDR 66, 7 SDR 89, effective July 1, 1981; 51 SDR 52, effective November 11, 2024.
General Authority: SDCL 28-6-1.
Law Implemented: SDCL 28-6-1.

ARSD 67:12:01:42 Patient's consent for release of medical information

No medical information is obtainable without the patient's written consent. The caseworker shall obtain the consent for release from the patient.

History

Source: SL 1975, ch 16, § 1; 7 SDR 66, 7 SDR 89, effective July 1, 1981; 51 SDR 52, effective November 11, 2024.
General Authority: SDCL 28-6-1.
Law Implemented: SDCL 28-6-1.

ARSD 67:12:01:43 Medical examinations if information not available -- Choice of examiners

The department may request a medical examination of the applicant or recipient only when medical information is not available from physicians' records and other medical sources to establish mental or physical incapacity. If requested, the examination must be completed by a licensed physician, physician's assistant, or nurse practitioner of the applicant's or recipient's choice.

History

Source: SL 1975, ch 16, § 1; 7 SDR 23, effective September 18, 1980; 7 SDR 66, 7 SDR 89, effective July 1, 1981; 51 SDR 52, effective November 11, 2024.
General Authority: SDCL 28-6-1.
Law Implemented: SDCL 28-6-1.

ARSD 67:12:01:44 Psychiatric reports and records from mental hospital may be sufficient

The department may determine whether an individual is disabled upon review of psychiatric reports and records from a mental hospital. However, if the patient also has a physical disability, the department must obtain a medical report. If a disability is based on intellectual disability, a medical report and evidence of an intellectual disability are necessary for the department to determine initial eligibility. Specific information on mental ability must be obtained in all cases where the question of mental inadequacy may have a bearing on the eligibility determination. Likewise, copies of records from a mental hospital or reports from mental health clinics are important sources of information, and must be obtained unless the applicant is so severely physically disabled that eligibility is apparent.

History

Source: SL 1975, ch 16, § 1; 7 SDR 66, 7 SDR 89, effective July 1, 1981; 40 SDR 122, effective January 8, 2014; 51 SDR 52, effective November 11, 2024.
General Authority: SDCL 28-6-1.
Law Implemented: SDCL 28-6-1.

ARSD 67:12:01:45 Basis for payments for medical examinations and reports -- Authorization required for intensive procedures

Payments for medically necessary examinations, x-rays, laboratory tests, and reports must be made in compliance with chapter 67:16:02. The provider shall obtain prior authorization approval from the department if additional services are necessary to determine a disability before supplying services.

History

Source: SL 1975, ch 16, § 1; 1 SDR 53, effective January 22, 1975; 2 SDR 88, effective July 1, 1976; 17 SDR 23, effective September 18, 1980; 7 SDR 66, 7 SDR 89, effective July 1, 1981; 51 SDR 52, effective November 11, 2024.
General Authority: SDCL 28-6-1.
Law Implemented: SDCL 28-6-1.

ARSD 67:12:01:46 Incapacity related to ability to carry full-time job

Incapacity must be related to the ability to carry a full-time job that might reasonably be expected to provide a living for a family. When incapacity permits part-time work only, Aid to Families With Dependent Children (AFDC) may be granted only if there is 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 group, AFDC must be granted for supplementation.

History

Source: SL 1975, ch 16, § 1; 1 SDR 53, effective January 22, 1975; 7 SDR 66, 7 SDR 89, effective July 1, 1981; 51 SDR 52, effective November 11, 2024.
General Authority: SDCL 28-6-1.
Law Implemented: SDCL 28-6-1.

ARSD 67:12:01:47 Repealed

67:12:01:47. Eligibility for ADC payments if mother is incapacitated and father ablebodied.Repealed.

History

Source: SL 1975, ch 16, § 1; 7 SDR 23, effective September 18, 1980; 7 SDR 66, 7 SDR 89, effective July 1, 1981; repealed, 10 SDR 68, effective January 1, 1984.

ARSD 67:12:01:48 Parents receiving disability payments under other programs

A parent under the age of sixty-five who receives a disability payment through social security disability insurance or supplemental security income is regarded as meeting the requirements for incapacity for Aid to Families With Dependent Children. Before assistance may be granted to children of parents over the age of sixty-five, the department must determine that the children are deprived of parental support or care because of the death, continued absence from the home, or physical or mental incapacity of a parent.

History

Source: SL 1975, ch 16, § 1; 1 SDR 53, effective January 22, 1975; 7 SDR 66, 7 SDR 89, effective July 1, 1981; 51 SDR 52, effective November 11, 2024.
General Authority: SDCL 28-6-1.
Law Implemented: SDCL 28-6-1.

ARSD 67:12:01:48.01 Eligibility of parents participating in vocational rehabilitation training programs

An incapacitated recipient who is a parent receiving training under the programs offered by the Department of Human Services meets the continued incapacity requirements for Aid to Families With Dependent Children. The disability incapacity consultation team shall redetermine a recipient parent's incapacity when the training program ends, using the sources specified in § 67:12:01:40.

History

Source: 5 SDR 48, effective December 19, 1978; 5 SDR 102, effective June 6, 1979; 7 SDR 23, effective September 18, 1980; 7 SDR 66, 7 SDR 89, effective July 1, 1981; 8 SDR 58, effective November 29, 1981; 51 SDR 52, effective November 11, 2024.
General Authority: SDCL 28-6-1.
Law Implemented: SDCL 28-6-1.

ARSD 67:12:01:49 Cessation of incapacity

If the department determines that financial need exists but the disability incapacity consultation team has determined that an incapacity no longer exists, assistance payments may continue for not more than three months. If the previously incapacitated recipient obtains employment during this three-month period, the department must apply the earned income exemption according to § 67:12:05:14.

Cross-Reference: Definition of "physical or mental incapacity," § 67:12:01:41.

History

Source: SL 1975, ch 16, § 1; 3 SDR 52, effective January 27, 1977; 7 SDR 66, 7 SDR 89, effective July 1, 1981; 8 SDR 58, effective November 29, 1981; repealed, 17 SDR 53, effective October 16, 1990; readopted, 21 SDR 172, effective April 3, 1995; 51 SDR 52, effective November 11, 2024.
General Authority: SDCL 28-6-1.
Law Implemented: SDCL 28-6-1.

ARSD 67:12:01:50 Temporary absence of child or payee relative

Aid to Families With Dependent Children eligibility is not affected if either the child or the payee relative is temporarily absent from the home, as long as the payee relative continues to:

(1) Provide a home where the child can return at any time; and

(2) Have primary responsibility for the major decisions as to the child's discipline and welfare.

History

Source: SL 1975, ch 16, § 1; 7 SDR 66, 7 SDR 89, effective July 1, 1981; 51 SDR 52, effective November 11, 2024.
General Authority: SDCL 28-6-1.
Law Implemented: SDCL 28-6-1.

ARSD 67:12:01:51 Emergency payee

In the case of a sudden death, desertion, imprisonment, mental health commitment, or other traumatic emergency situation of the relative payee, the Aid to Families With Dependent Children may be continued for a temporary period to persons acting for the relative with whom the child was living, provided:

(1) Payment is on behalf of a child for whom no relative is immediately responsible and the payment is expended for the child; and

(2) The department shall make payments for a temporary period necessary to make and carry out plans for the continuing care and support of the child.

Cross-Reference: Payments made in emergency situations, 45 C.F.R. § 233.90(c)(2)(iv).

History

Source: SL 1975, ch 16, § 1; 2 SDR 88, effective July 1, 1976; 7 SDR 66, 7 SDR 89, effective July 1, 1981; 51 SDR 52, effective November 11, 2024.
General Authority: SDCL 28-6-1.
Law Implemented: SDCL 28-6-1.

ARSD 67:12:01:52 Unsuitable home

The department may not deny an Aid to Families With Dependent Children payment because of the condition of the home where a child resides unless a court of competent jurisdiction has declared the home unsuitable and provision is made for the care and assistance of the child. When the department has reason to believe that the home where a relative and child receiving aid reside is unsuitable because of the neglect, abuse, or exploitation of the child, it will bring the condition to the attention of the Division of Child Protection Services.

History

Source: SL 1975, ch 16, § 1; 7 SDR 66, 7 SDR 89, effective July 1, 1981; 8 SDR 58, effective November 29, 1981; 51 SDR 52, effective November 11, 2024.
General Authority: SDCL 28-6-1.
Law Implemented: SDCL 28-6-1.

ARSD 67:12:01:53 Man not married to mother and living in household

Eligibility for Aid to Families With Dependent Children may not be affected because a man who is not married to the mother is living in the household, unless the man is the acknowledged father of the child or children included in the AFDC grant.

Cross-Reference: "Substitute parent" or "man in the house," 45 C.F.R. § 233.90(a)(1).

History

Source: SL 1975, ch 16, § 1; 7 SDR 66, 7 SDR 89, effective July 1, 1981; 51 SDR 52, effective November 11, 2024.
General Authority: SDCL 28-6-1.
Law Implemented: SDCL 28-6-1.

ARSD 67:12:01:54 Inclusion of caretaker relative other than parent in aid to families with dependent children grant

A caretaker relative other than the parent may be included in the aid to families with dependent children grant if the caretaker relative meets the following conditions:

(1) The caretaker relative is not receiving a supplemental security income payment or state supplement;

(2) The caretaker relative's income and that of the caretaker relative's spouse, if any, is insufficient to meet needs; and

(3) The caretaker relative and the caretaker relative's spouse do not own real or personal property that exceed department limits.

Cross-References:

Limitations on real property, ch 67:12:04.

Limitations on personal property, ch 67:12:05.

Individuals who must be included in assistance unit, § 67:12:01:69.

History

Source: SL 1975, ch 16, § 1; 2 SDR 88, effective July 1, 1976; 7 SDR 23, effective September 18, 1980; 7 SDR 66, 7 SDR 89, effective July 1, 1981; 11 SDR 54, effective October 1, 1984; 51 SDR 52, effective November 11, 2024; 52 SDR 55, effective December 2, 2025.
General Authority: SDCL 28-6-1.
Law Implemented: SDCL 28-6-1.

ARSD 67:12:01:55 Eligibility of second parent in aid to families with dependent children grant

The department must include the second parent in the aid to families with dependent children (AFDC) grant if the AFDC household meets the following qualifications:

(1) The second natural or adoptive parent or stepparent is living in the home;

(2) The incapacity of the natural or adoptive parent or stepparent of one or more of the eligible children or the family is receiving temporary assistance to need families benefits under article 67:10; and

(3) The second natural or adoptive parent or stepparent is not excluded from the assistance unit under § 67:12:05:51.

Cross-Reference: Needy child deprived by reason of, 45 C.F.R. § 233.90(c)(1)(i).

History

Source: SL 1975, ch 16, § 1; 2 SDR 88, effective July 1, 1976; 3 SDR 52, effective January 27, 1977; 5 SDR 48, effective December 19, 1978; 7 SDR 23, effective September 18, 1980; 7 SDR 66, 7 SDR 89, effective July 1, 1981; 12 SDR 4, effective July 21, 1985; 17 SDR 53, effective October 16, 1990; 51 SDR 52, effective November 11, 2024; 52 SDR 55, effective December 2, 2025.
General Authority: SDCL 28-6-1.
Law Implemented: SDCL 28-6-1.

ARSD 67:12:01:56 Repealed

67:12:01:56. Child care only case.Repealed.

History

Source: SL 1975, ch 16, § 1; repealed, 2 SDR 88, effective July 1, 1976.

ARSD 67:12:01:57 Confidentiality of client's records

In addition to the South Dakota statutes on confidentiality, a client may request, either personally or by an authorized representative, any information from records pertaining to the client that the client has given directly to the department. Information that has been supplied and obtained by the department from other sources may not be released to the client, unless the person, agency, or organization furnishing the information to the department consents in writing to the release.

For purposes of an Aid to Families With Dependent Children fair hearing, a claimant or a representative of the claimant must have an opportunity, before the date of the hearing and during normal office hours, to examine the contents of the claimant's case record and all documents and records to be used by the department at the hearing.

History

Source: SL 1975, ch 16, § 1; 7 SDR 66, 7 SDR 89, effective July 1, 1981; 51 SDR 52, effective November 11, 2024.
General Authority: SDCL 28-1-32.
Law Implemented: SDCL 28-1-32.

ARSD 67:12:01:58 Repealed

67:12:01:58. Eligibility for aid to dependent children foster care.Repealed.

History

Source: 1 SDR 53, effective January 22, 1975; repealed, 2 SDR 74, effective May 13, 1976.

ARSD 67:12:01:59 Repealed

67:12:01:59. Certification of payment.Repealed.

History

Source: 1 SDR 53, effective January 22, 1975; repealed, 2 SDR 74, effective May 13, 1976.

ARSD 67:12:01:60 Date of entitlement for medical coverage

Medical assistance may begin as early as the first day of the third month prior to the month of application for Aid to Families With Dependent Children (AFDC) in accordance with § 67:46:01:03. Determination of AFDC eligibility for possible retroactive medical assistance must be in accordance with the guidelines established in chapters 67:12:01, 67:12:04, and 67:12:05.

Cross-Reference: Determination of Medicaid eligibility -- Effective date, 42 C.F.R. § 435.915.

History

Source: 1 SDR 53, effective January 22, 1975; 4 SDR 60, effective March 26, 1978; 7 SDR 66, 7 SDR 89, 7 SDR 120, effective July 1, 1981; 51 SDR 52, effective November 11, 2024.
General Authority: SDCL 28-6-1.
Law Implemented: SDCL 28-6-1.

ARSD 67:12:01:61 Transferred

67:12:01:61. Transferred to §§ 67:12:17:02 and 67:12:17:14.

ARSD 67:12:01:61.01 Continued medical coverage -- Child support

A recipient who becomes ineligible for financial assistance because of child or spousal support collected by the department on behalf of a member of the assistance unit, continues to be eligible for Aid to Families With Dependent Children (AFDC) medical only services provided under article 67:46 if AFDC has been received in at least three of the six months preceding ineligibility. Eligibility for medical services continues for a period of four months beginning with the month of ineligibility.

Cross-Reference: Extension of eligibility under Title XIX when support collection results in termination of AFDC eligibility, Child Support Enforcement Amendments of 1984, Pub. L. No. 98-378, § 20, 98 Stat. 1322 (1984).

History

Source: 12 SDR 4, effective July 21, 1985; 15 SDR 67, effective November 6, 1988; 51 SDR 52, effective November 11, 2024.
General Authority: SDCL 28-6-1.
Law Implemented: SDCL 28-6-1.

ARSD 67:12:01:61.02 Transferred

67:12:01:61.02 Transferred to §§ 67:12:17:02 and 67:12:17:14.

ARSD 67:12:01:62 Incapacity based on blindness or visual impairment -- Medical findings required. Aid to Families With Dependent Children assistance may be granted to a child whose parent suffers from physical incapacity because of blindness or visual impairment. To conclude the parent suffers from a physical incapacity, the disability incapacity consultation team must, based upon a review of sources described in § 67:12:01:40, find that the incapacity is so debilitating that it reduces substantially or eliminates the parent's ability to support or care for the otherwise eligible child. A determination of incapacity shall be made by the disability incapacity consultation team as provided in § 67:12:01:40. Notwithstanding this section, any parent who meets the definition of a blind individual as defined under the supplemental security income, social security disability insurance, or supplemental security income disability program has established conclusive proof of physical incapacity due to blindness. Source: 1 SDR 66, effective April 3, 1975; 7 SDR 23, effective September 18, 1980; 7 SDR 66, 7 SDR 89, effective July 1, 1981; 18 SDR 67, effective October 13, 1991; 51 SDR 52, effective November 11, 2024. General Authority: SDCL 28-6-1. Law Implemented: SDCL 28-6-1. Cross-References: Definition of a blind individual, 42 U.S.C. § 1382c(a)(2). Definition of terms, 45 C.F.R. § 233.80. Physical or mental incapacity, 45 C.F.R. § 233.90(c)(1)(iv)

Incapacity based on blindness or visual impairment -- Medical findings required. Aid to Families With Dependent Children assistance may be granted to a child whose parent suffers from physical incapacity because of blindness or visual impairment. To conclude the parent suffers from a physical incapacity, the disability incapacity consultation team must, based upon a review of sources described in § 67:12:01:40, find that the incapacity is so debilitating that it reduces substantially or eliminates the parent's ability to support or care for the otherwise eligible child. A determination of incapacity shall be made by the disability incapacity consultation team as provided in § 67:12:01:40.

Notwithstanding this section, any parent who meets the definition of a blind individual as defined under the supplemental security income, social security disability insurance, or supplemental security income disability program has established conclusive proof of physical incapacity due to blindness.

Cross-References:

Definition of a blind individual, 42 U.S.C. § 1382c(a)(2).

Definition of terms, 45 C.F.R. § 233.80.

Physical or mental incapacity, 45 C.F.R. § 233.90(c)(1)(iv).

History

Source: 1 SDR 66, effective April 3, 1975; 7 SDR 23, effective September 18, 1980; 7 SDR 66, 7 SDR 89, effective July 1, 1981; 18 SDR 67, effective October 13, 1991; 51 SDR 52, effective November 11, 2024.
General Authority: SDCL 28-6-1.
Law Implemented: SDCL 28-6-1.

ARSD 67:12:01:63 Repealed

67:12:01:63. Redetermination of deprivation for continued eligibility for aid to dependent children foster care.Repealed.

History

Source: 1 SDR 66, effective April 3, 1975; repealed, 2 SDR 74, effective May 13, 1976.

ARSD 67:12:01:64 Repealed

67:12:01:64. Furnishing social security numbers as a condition of eligibility.Repealed.

History

Source: 1 SDR 66, effective April 6, 1975; 3 SDR 52, effective January 27, 1977; repealed, 5 SDR 102, effective June 6, 1979.

ARSD 67:12:01:65 Repealed

67:12:01:65. Application for aid to dependent children is an automatic assignment of rights of support.Repealed.

History

Source: 1 SDR 66, effective April 6, 1975; 4 SDR 60, effective March 26, 1978; repealed, 7 SDR 23, effective September 18, 1980.

ARSD 67:12:01:66 Cooperation of caretaker relative as condition of eligibility

Applicants for, or recipients of, Aid to Families With Dependent Children shall cooperate with the department in identifying and locating the absent parent or parents of, obtaining child support payments for, or establishing paternity of a dependent child, or obtaining any other payments or resources legally due to the applicants or recipients. Refusal by the caretaker relative to comply with this requirement renders the caretaker relative ineligible for assistance. However, the children are eligible to receive assistance payments under a protective payee arrangement as defined in chapter 67:10:07.

History

Source: 2 SDR 2, effective July 16, 1975; 7 SDR 66, 7 SDR 89, effective July 1, 1981; 51 SDR 52, effective November 11, 2024.
General Authority: SDCL 28-6-1.
Law Implemented: SDCL 28-6-1.

ARSD 67:12:01:66.01 Cooperation of applicant or recipient not required

Section 67:12:01:66 does not apply to an applicant or recipient who can establish good cause for refusing to cooperate with the department in identifying and locating the absent parent or parents, obtaining support payments, establishing paternity, or obtaining any other payments or resources legally due the applicant or recipient.

History

Source: 12 SDR 4, effective July 21, 1985; 15 SDR 67, effective November 6, 1988; 51 SDR 52, effective November 11, 2024.
General Authority: SDCL 28-6-1.
Law Implemented: SDCL 28-6-1.

ARSD 67:12:01:66.02 Applicant or recipient to establish good cause

For the purposes of § 67:12:01:66.01, the applicant or recipient may establish good cause when evidence of one or more of the following situations is presented to the department and the department decides that it would not be in the best interest of the child or caretaker relative to require compliance with § 67:12:01:66:

(1) The child for whom support is sought was conceived as a result of incest or forcible rape;

(2) Legal proceedings for the child's adoption are pending in court;

(3) The child for whom support is being sought can reasonably be expected to experience physical or emotional harm from the absent parent or parents if cooperation with § 67:12:01:66 is required;

(4) The mother or other caretaker relative with whom the child is living can reasonably be expected to experience physical or emotional harm from the absent parent or parents if cooperation with § 67:12:01:66 is required that would significantly reduce the caretaker's capacity to care for the child; or

(5) A licensed public or private social agency is currently assisting the applicant or recipient to decide whether a child should be kept or relinquished for adoption and this assistance has not exceeded three months.

History

Source: 5 SDR 48, effective December 19, 1978; 5 SDR 102, effective June 6, 1979; 7 SDR 66, 7 SDR 89, effective July 1, 1981; 51 SDR 52, effective November 11, 2024.
General Authority: SDCL 28-6-1.
Law Implemented: SDCL 28-6-1.

ARSD 67:12:01:66.03 Applicant or recipient to provide timely evidence -- Extensions -- Failure to respond

An applicant or recipient who submits a written good cause claim shall provide confirming evidence within twenty days after the day the claim was made to the department. An extension of time is allowed if the department determines that the applicant or recipient requires the extension because of difficulty in obtaining evidence. If the applicant or recipient does not respond within twenty days or within the extension period, when allowed, the department must determine that good cause does not exist and the notice requirements of § 67:12:01:66.08 shall apply.

History

Source: 5 SDR 48, effective December 19, 1978; 7 SDR 23, effective September 18, 1980; 7 SDR 66, 7 SDR 89, effective July 1, 1981; 51 SDR 52, effective November 11, 2024.
General Authority: SDCL 28-6-1.
Law Implemented: SDCL 28-6-1.

ARSD 67:12:01:66.04 Evidence of good cause

To meet the requirements of § 67:12:01:66.02, the department shall accept any of the following as evidence of good cause:

(1) Birth certificates or medical or law enforcement records that indicate the child was conceived as a result of incest or forcible rape;

(2) Court documents or other records that indicate legal proceedings for adoption are pending in court;

(3) Court, medical, criminal, child protective services, social services, psychological, or law enforcement records that indicate the alleged or absent parent might inflict physical or emotional harm on the child or caretaker relative;

(4) Medical records that indicate the emotional health history and present health status of the caretaker relative or the child for whom support should be sought; or written statements from a mental health professional indicating a diagnosis or prognosis concerning the emotional health of the caretaker relative or the child would be negatively affected by compliance with § 67:12:01:66;

(5) A written statement from a public or private agency confirming that the caretaker relative is being assisted in deciding whether a child should be kept or relinquished for adoption; or

(6) Sworn statements from individuals, other than the applicant or recipient, with knowledge of the circumstances that provide a basis for the good cause claim.

History

Source: 5 SDR 48, effective December 19, 1978; 7 SDR 66, 7 SDR 89, effective July 1, 1981; 51 SDR 52, effective November 11, 2024.
General Authority: SDCL 28-6-1.
Law Implemented: SDCL 28-6-1.

ARSD 67:12:01:66.05 Department to investigate good cause claims

The department may investigate any good cause claim. The department shall investigate any good cause claim believed to be credible based on anticipated physical harm if the claim of physical harm cannot be supported by the evidence.

History

Source: 5 SDR 48, effective December 19, 1978; 7 SDR 66, 7 SDR 89, effective July 1, 1981; 51 SDR 52, effective November 11, 2024.
General Authority: SDCL 28-6-1.
Law Implemented: SDCL 28-6-1.

ARSD 67:12:01:66.06 Additional evidence may be required

If the department requests additional evidence of the types specified in § 67:12:01:66.04 to determine good cause, the department must promptly notify the applicant or recipient and shall specify the types of documents needed. Upon request, the department shall assist the applicant or recipient by advising how to obtain the documents, and attempt to obtain documents the applicant or recipient cannot reasonably obtain without assistance.

History

Source: 5 SDR 48, effective December 19, 1978; 7 SDR 66, 7 SDR 89, effective July 1, 1981; 51 SDR 52, effective November 11, 2024.
General Authority: SDCL 28-6-1.
Law Implemented: SDCL 28-6-1.

ARSD 67:12:01:66.07 Departmental contact with absent parent

In a good cause investigation, before contacting the absent parent, the department shall notify the applicant or recipient of its intention to contact the absent parent. After notice, the department may not contact the absent parent if the applicant or recipient:

(1) Provides additional information or evidence that good cause exists;

(2) Decides not to receive assistance;

(3) Withdraws the good cause claim;

(4) Requests a hearing; or

(5) Removes the child from the application if the child is not required to be a part of the assistance unit according to § 67:12:01:69.

History

Source: 5 SDR 48, effective December 19, 1978; 7 SDR 66, 7 SDR 89, effective July 1, 1981; 8 SDR 58, effective November 29, 1981; 11 SDR 54, effective October 3, 1984; 51 SDR 52, effective November 11, 2024.
General Authority: SDCL 28-6-1.
Law Implemented: SDCL 28-6-1.

ARSD 67:12:01:66.08 Department to determine good cause and notify applicant or recipient -- Contents of notice

Based on the evidence supplied by the applicant or recipient under § 67:12:01:66.04, or the department's own investigation as specified in § 67:12:01:66.05, or a combination of both, the department shall determine whether good cause exists. If the department determines that good cause does not exist, the applicant or recipient must be notified according to §§ 67:12:02:01 and 67:12:02:02. The notice must afford the applicant or recipient the opportunity to agree in writing to cooperate; withdraw the application; have the case closed; request a hearing; or, if the child is not required to be a part of the assistance unit according to § 67:12:01:69, have the child removed from the application. The notice must contain a statement that the applicant or reipient's refusal to cooperate will result in ineligibility for assistance.

Cross-Reference: Cooperation of caretaker relative as a condition of eligibility, § 67:12:01:66.

History

Source: 5 SDR 48, effective December 19, 1978; 7 SDR 23, effective September 18, 1980; 7 SDR 66, 7 SDR 89, effective July 1, 1981; 8 SDR 58, effective November 29, 1981; 11 SDR 54, effective October 1, 1984; 51 SDR 52, effective November 11, 2024.
General Authority: SDCL 28-6-1.
Law Implemented: SDCL 28-6-1.

ARSD 67:12:01:66.09 Appeal of good cause determination

If the applicant or recipient disagrees with the department's determination arrived at under § 67:12:01:66.08, the applicant or recipient may appeal the determination by requesting a fair hearing under the provisions of chapter 67:17:02.

History

Source: 5 SDR 48, effective December 19, 1978; 7 SDR 66, 7 SDR 89, effective July 1, 1981; 51 SDR 52, effective November 11, 2024.
General Authority: SDCL 28-6-1.
Law Implemented: SDCL 28-6-6.

ARSD 67:12:01:66.10 Criteria for basing good cause on emotional harm

The department may make a finding of good cause based on emotional harm upon a demonstration of emotional impairment that substantially affects the applicant's or recipient's functioning. The following must be considered in determining emotional harm:

(1) The present emotional state of the applicant or recipient subject to harm;

(2) The emotional health history of the applicant or recipient subject to harm;

(3) The intensity and probable duration of emotional impairment;

(4) The degree of cooperation required in § 67:12:01:66; and

(5) The degree of involvement of the applicant or recipient in establishing paternity or enforcement activity.

History

Source: 5 SDR 48, effective December 19, 1978; 7 SDR 66, 7 SDR 89, effective July 1, 1981; 51 SDR 52, effective November 11, 2024.
General Authority: SDCL 28-6-1.
Law Implemented: SDCL 28-6-1.

ARSD 67:12:01:66.11 Biannual redetermination of good cause -- Notice of rescindment

The department shall biannually review all approved good cause claims established on circumstances that are subject to change. If the department determines that good cause no longer exists, it must rescind the original good cause determination and notify the recipient of the rescindment and reasons therefor. The notice must afford the applicant or recipient the opportunity to:

(1) Agree in writing to cooperate;

(2) Have assistance terminated or, if the child is not required to be a part of the assistance unit according to § 67:12:01:69, remove the specific child from the grant;

(3) Reestablish the good cause claim; or

(4) Appeal the department's determination by requesting a fair hearing under chapter 67:17:02.

History

Source: 5 SDR 48, effective December 19, 1978; 7 SDR 23, effective September 18, 1980; 7 SDR 66, 7 SDR 89, effective July 1, 1981; 8 SDR 58, effective November 29, 1981; 11 SDR 54, effective October 1, 1984.
General Authority: SDCL 28-6-1.
Law Implemented: SDCL 28-6-1.

ARSD 67:12:01:67 Repealed

67:12:01:67. Prompt notice to the office of child support enforcement.Repealed.

History

Source: 2 SDR 24, effective October 1, 1975; 2 SDR 88, effective July 1, 1976; 7 SDR 66, 7 SDR 89, effective July 1, 1981; repealed, 15 SDR 67, effective November 6, 1988.

ARSD 67:12:01:68 Repealed

67:12:01:68. Availability of administrative rules and regulations to the public.Repealed.

History

Source: 2 SDR 24, effective October 1, 1975; repealed, 4 SDR 60, effective March 26, 1978.

ARSD 67:12:01:69 Individuals who must be included in assistance unit

Unless specifically excluded under § 67:12:05:51, the following individuals must be included in the assistance unit if they live in the same household as the dependent child for whom assistance is being requested or for whom assistance is being received:

(1) The parent of the dependent child; and

(2) The dependent child's brothers and sisters, whether blood-related or adoptive.

History

Source: 3 SDR 52, effective January 27, 1977; 7 SDR 66, 7 SDR 89, effective July 1, 1981; 11 SDR 54, effective October 1, 1984; 13 SDR 193, effective June 22, 1987; 20 SDR 144, effective March 10, 1994; 51 SDR 52, effective November 11, 2024.
General Authority: SDCL 28-6-1.
Law Implemented: SDCL 28-6-1.

ARSD 67:12:01:70 Cooperation of applicant or recipient

If an applicant or recipient fails to provide the department with the necessary verifications to establish initial or continuing eligibility, the department must reject the initial application or terminate the present benefits.

History

Source: 3 SDR 52, effective January 27, 1977; 7 SDR 66, 7 SDR 89, effective July 1, 1981; 51 SDR 52, effective November 11, 2024.
General Authority: SDCL 28-6-1.
Law Implemented: SDCL 28-6-1.

ARSD 67:12:01:71 Denial of aid to families with dependent children benefits to strikers

Aid to families with dependent children (AFDC) benefits in the payment month are affected if an eligible household member or a nonrecipient parent is participating in a strike on the last day of the payment month. If the participating striker is the parent, the department must deny benefits to the entire household.

If the participating striker is someone other than the parent, only the participating striker's needs will be removed from the AFDC grant, unless the participating striker is the only child in the AFDC grant. In this case, benefits must be denied to the entire household.

AFDC eligibility is not affected if the participating striker returns to work by the last day of the payment month.

For purposes of this section, "parent" means that parent with whom the dependent child is living.

For purposes of this section, "participating in a strike" means actual refusal, in concert with others, to provide services to one's employer.

Cross-References:

Denial of AFDC benefits to strikers, 45 C.F.R. § 233.106.

Recovery of overpayments, § 67:12:06:01.

History

Source: 8 SDR 82, effective January 13, 1982; 10 SDR 144, effective July 1, 1984; 51 SDR 52, effective November 11, 2024; 52 SDR 55, effective December 2, 2025.
General Authority: SDCL 28-6-1.
Law Implemented: SDCL 28-6-1.

ARSD 67:12:01:72 Pregnant women referred to Department of Health

The department shall refer a pregnant applicant or recipient to the Department of Health for the women, infants, and children nutrition program and for case management services.

History

Source: 15 SDR 2, effective July 17, 1988; 51 SDR 52, effective November 11, 2024.
General Authority: SDCL 28-6-1.
Law Implemented: SDCL 28-6-1.

ARSD 67:12:01:73 Assistance unit randomly assigned to groups

The department shall randomly assign Aid to Families With Dependent Children assistance units either to the control group or the 1115 waiver group. Once the assistance unit is assigned, the parent caretaker relative remains in the assigned group as long as the parent caretaker relative resides in South Dakota or until notified otherwise by the department.

History

Source: 20 SDR 196, effective May 23, 1994; 51 SDR 52, effective November 11, 2024.
General Authority: SDCL 28-6-1.
Law Implemented: SDCL 28-6-1.

ARSD 67:12:01:74 Eligibility determinations for assigned groups

For a family assigned to the control group, the department determines eligibility and benefit levels according to article 67:12, except for §§ 67:12:05:76 to 67:12:05:79, inclusive, 67:12:06:42.01, 67:12:06:42.02, and 67:12:06:43.01.

For a family assigned to the 1115 waiver group, the department determines eligibility and benefit levels according to article 67:12.

History

Source: 20 SDR 196, effective May 23, 1994; 51 SDR 52, effective November 11, 2024.
General Authority: SDCL 28-6-1.
Law Implemented: SDCL 28-6-1.

ARSD 67:12:01:75 Eligibility restrictions for a parent under the age of eighteen

Eligibility for a parent who is under the age of eighteen and not married is limited to an individual who:

(1) Is living with a parent, legal guardian, or adult relative who meets the requirements of § 67:12:01:27;

(2) Has a child in the individual's care; and

(3) Has completed high school or its equivalent or is participating in educational activities directed toward the attainment of a high school diploma or its equivalent.

Cross-References:

No assistance for teenage parents who do not attend high school or other equivalent training program, Personal Responsibility and Work Opportunity Reconciliation Act of 1996, Pub. L. No. 104-193, § 408(a)(4) 110 Stat. 2135 (1996).

No assistance for teenage parents not living in adult-supervised settings, Personal Responsibility and Work Opportunity Reconciliation Act of 1996, Pub. L. No. 104-193, § 403(a)(5) 110 Stat. 2136 (1996).

History

Source: 23 SDR 152, effective March 14, 1997; 51 SDR 52, effective November 11, 2024.
General Authority: SDCL 28-6-1.
Law Implemented: SDCL 28-6-1.

ARSD 67:12:01:76 Exceptions to eligibility requirements for parents under the age of eighteen

The department shall waive the requirement contained in subdivision 67:12:01:75(1) if:

(1) There is no living adult relative;

(2) No living adult relatives will allow the minor parent and child to live with them; or

(3) The department determines, based on evidence, that the minor parent and child would be subjected to serious physical or emotional harm if they were to live with an adult relative.

If the department determines that it is not in the best interests of the minor parent and child to live with an adult relative, the department may require the minor parent and child to live in an adult-supervised living arrangement. The adult-supervised living arrangement must be approved by the department and must provide child development, family budgeting, health and nutrition, and other parenting skills to promote the minor parent's long-term economic independence and the well-being of the child.

Cross-Reference: Exceptions to living arrangements, No assistance for teenage parents not living in adult-supervised settings--Exception, Personal Responsibility and Work Opportunity Reconciliation Act of 1996, Pub. L. No. 104-193, § 408(a)(5)(B) 110 Stat. 2136 (1996).

History

Source: 23 SDR 152, effective March 14, 1997; 51 SDR 52, effective November 11, 2024.
General Authority: SDCL 28-6-1.
Law Implemented: SDCL 28-6-1.

ARSD 67:12:01:77 Denial of assistance for fugitive felons and probation and parole violators

An individual is ineligible for assistance under this article if the individual is fleeing to avoid prosecution, custody, or confinement for committing or attempting to commit a felony or for violating a condition of probation or parole.

Cross-Reference: Denial of assistance for fugitive felons and probation and parole violators, Personal Responsibility and Work Opportunity Reconciliation Act of 1996, Pub. L. No. 104-193, § 408(a)(9) 110 Stat. 2139 (1996).

History

Source: 23 SDR 152, effective March 14, 1997; 51 SDR 52, effective November 11, 2024.
General Authority: SDCL 28-6-1.
Law Implemented: SDCL 28-6-1.

ARSD 67:12:01:78 Denial of assistance for fraudulently misrepresenting place of residence

An individual is ineligible for assistance under this article if the individual is convicted in a federal or state court of having made a fraudulent statement or representation regarding the individual's place of residence in order to receive medicaid, food stamps, supplemental security income, or benefits under this article from two or more states simultaneously.

The period of ineligibility is ten years and begins with the date of the conviction.

Cross-Reference: Denial of assistance for ten years to a person found to have fraudulently misrepresented residence in order to obtain assistance in two or more states, Personal Responsibility and Work Opportunity Reconciliation Act of 1996, Pub. L. No. 104-193, § 408(a)(8) 110 Stat. 2138 (1996).

History

Source: 23 SDR 152, effective March 14, 1997; 51 SDR 52, effective November 11, 2024.
General Authority: SDCL 28-6-1.
Law Implemented: SDCL 28-6-1.

ARSD 67:12:01:79 Assistance unit ineligible after sixty months

An assistance unit which includes an adult who has received assistance for sixty months is ineligible for assistance under this article. The sixty months do not have to be consecutive and do not begin to count until December 1996.

In determining the number of months the adult received assistance, the department shall disregard:

(1) Any months during which the individual was a minor child and not the head of a household or married to the head of the household; and

(2) Any months during which the adult lived on an Indian reservation or in an Alaskan native village if, during the month, at least one thousand individuals were living on the reservation or in the village and at least fifty percent of the adults living on the reservation or in the village were unemployed.

Cross-References:

No assistance for more than five years, Personal Responsibility and Work Opportunity Reconciliation Act of 1996, Pub. L. No.104-193, § 408(a)(7) 110 Stat. 2137 (1996).

Disregard of months of assistance received by adult while living on an Indian reservation or in an Alaskan native village with fifty percent unemployment, Personal Responsibility and Work Opportunity Reconciliation Act of 1996, Pub. L. No. 104-193, § 408(a)(7)(D) 110 Stat. 2138 (1996).

History

Source: 23 SDR 152, effective March 14, 1997; 51 SDR 52, effective November 11, 2024.
General Authority: SDCL 28-6-1.
Law Implemented: SDCL 28-6-1.

ARSD 67:12:02:01 Adequate notice to applicants

The department must send adequate written notice to an applicant of public assistance and medical care when an application is approved or rejected. The written notice must include:

(1) A statement of what action the agency intends to take;

(2) The reasons for the intended agency action;

(3) The specific regulations supporting the action; and

(4) An explanation of the applicant's right to:

(a) Request a conference and be represented by others at the conference;

(b) Request a fair hearing and the procedure and time for requesting a fair hearing; and

This notice must explain the applicant's rights under the Civil Rights Act of 1964, Pub. L. No. 88-352, 78 Stat. 236 (1975). The department may not pay for an applicant's legal fees for any conference or hearing held pursuant to this section.

History

Source: SL 1975, ch 16, § 1; 7 SDR 66, 7 SDR 89, effective July 1, 1981; 52 SDR 55, effective December 2, 2025.
General Authority: SDCL 28-6-1.
Law Implemented: SDCL 28-6-1.

ARSD 67:12:02:02 Requirements for timely and adequate notice

The department shall mail timely and adequate notice to each recipient detailing the reason for a proposed action that may result in termination or reduction of payment or inability to authorize payment. The notice must:

(1) Inform recipients of any changes in federal or state law requiring automatic grant adjustments for classes of recipients, or changes to the manner or form of payment to a protective, vendor, or two-party payment;

(2) State the specific rules supporting the action taken;

(3) Explain the recipient's right to request a conference and to be represented by others at the conference;

(4) Explain the right to request a fair hearing and the procedure and time requirements for requesting a fair hearing; and

(5) Explain the right to be represented by others at the hearing.

The department shall mail the timely notice ten days before the recipient would normally receive an assistance check, or, in the case of a medicaid recipient, ten days before the intended action would become effective.

In cases of probable fraud, notice of a proposed action that may result in termination or reduction of payment or inability to authorize payment is considered timely if the notice is mailed at least five days before the action would become effective. This notice must also explain the circumstances under which assistance may be continued if a hearing is requested. Timely and adequate notice is not required when the recipient of a one-person case has died.

Cross-Reference: Continuance of aid pending hearing decision, § 67:12:02:09.

History

Source: SL 1975, ch 16, § 1; 4 SDR 10, effective August 28, 1977; 7 SDR 23, effective September 18, 1980; 7 SDR 30, effective October 5, 1980; 7 SDR 66, 7 SDR 89, effective July 1, 1981; 8 SDR 174, effective June 28, 1982; 21 SDR 172, effective April 3, 1995; 52 SDR 55, effective December 2, 2025.
General Authority: SDCL 28-6-1.
Law Implemented: SDCL 28-6-1.

ARSD 67:12:02:03 Adequate notice to recipients without timely notice

The department may dispense with timely notice and send an adequate notice as provided in § 67:12:02:02 no later than the date when the recipient would normally receive an assistance payments check or, in the case of a medicaid recipient, the date the intended action would be effective, if:

(1) The department has factual information confirming the death of the recipient or of the aid to families with dependent children (AFDC) payee when there is no relative available to serve as new payee;

(2) The department receives a clear, written statement signed by the recipient that:

(a) The recipient no longer wishes assistance; or

(b) Provides information that requires termination or reduction of assistance, and indicates the recipient has knowledge of the consequence of supplying the information;

(3) The recipient has been admitted or committed to an institution and further payments to the recipient do not qualify for federal financial participation under the state plan;

(4) The recipient has been placed in skilled nursing care, intermediate care, or long-term hospitalization;

(5) The claimant's whereabouts are unknown and mail from the department to the claimant has been returned by the post office indicating no known forwarding address. The department must mail the claimant's check to the claimant if the whereabouts of the claimant become known during the payment period covered by a returned check;

(6) A recipient has been accepted for assistance in another state and that fact is established by the department;

(7) An AFDC child is removed from the home as a result of a judicial determination or is voluntarily placed in an alternative care setting by the child's legal guardian; or

(8) The department takes action because of information the recipient furnished in a monthly report or because the recipient failed to submit a complete or timely monthly report as required by § 67:12:06:34.

Cross-Reference: Alternative care, chapter 67:14:31.

History

Source: SL 1975, ch 16, § 1; 1 SDR 53, effective January 22, 1975; 2 SDR 88, effective July 1, 1976; 7 SDR 66, 7 SDR 89, effective July 1, 1981; 8 SDR 174, effective June 28, 1982; 52 SDR 55, effective December 2, 2025.
General Authority: SDCL 28-6-1.
Law Implemented: SDCL 28-6-1.

ARSD 67:12:02:03.01 Adequate notice to recipients using monthly report form

The department shall send adequate notice as provided in § 67:12:02:02 when reducing or terminating assistance to a recipient who submits a completed monthly report form and to a recipient who fails to submit timely or completed monthly report form. The adequate notice must be received by the recipient no later than the date the recipient would normally receive the assistance payment check or, in the case of medicaid eligibility, before the intended change would become effective.

Cross-References:

How monthly reports are treated and what notices are required (AFDC), 45 C.F.R. § 233.37.

Completed monthly report form required, § 67:12:06:34.

Assistance to be terminated if required report form not received on time, § 67:12:06:37.

History

Source: 7 SDR 30, effective October 5, 1980; 7 SDR 66, 7 SDR 89, effective July 1, 1981; 8 SDR 125, effective April 4, 1982; 52 SDR 55, effective December 2, 2025.
General Authority: SDCL 28-6-1.
Law Implemented: SDCL 28-6-1.

ARSD 67:12:02:04 Recipient's right to request conference -- Time to make request

67:12:02:04. Recipients' right to request conference -- Time to make request. A recipient whose payment cannot be authorized, is terminated or reduced, or is changed in manner or form has the right to have a conference with department staff if the request is made during the ten-day advance written notice period, or within ten days from the date of action.

An applicant who receives written notice of a decision made regarding the applicant's application may also request a conference within ten days after the written notice has been mailed.

History

Source: SL 1975, ch 16, § 1; 4 SDR 10, effective August 28, 1977; 7 SDR 23, effective September 18, 1980; 7 SDR 66, 7 SDR 89, effective July 1, 1981; 52 SDR 55, effective December 2, 2025.
General Authority: SDCL 28-6-1.
Law Implemented: SDCL 28-6-1.

ARSD 67:12:02:05 Conference held as soon as possible

The department shall arrange for a conference within five working days after receipt of a conference request made pursuant to § 67:12:02:04.

History

Source: SL 1975, ch 16, § 1; 7 SDR 66, 7 SDR 89, effective July 1, 1981; 52 SDR 55, effective December 2, 2025.
General Authority: SDCL28-6-1.
Law Implemented: SDCL 28-6-1.

ARSD 67:12:02:06 Final decision of conference

The department shall advise the applicant or recipient of the final decision at the end of the conference held pursuant to § 67:12:02:04. If a final decision cannot be made, the conference may be extended until a decision is rendered, after which written notice of final decision must be delivered to the applicant or recipient. The applicant or recipient has thirty days from the final decision of the conference to request a hearing.

History

Source: SL 1975, ch 16, § 1; 7 SDR 66, 7 SDR 89, effective July 1, 1981; 52 SDR 55, effective December 2, 2025.
General Authority: SDCL 28-6-1.
Law Implemented: SDCL 28-6-1.

ARSD 67:12:02:07 Definition of conference

A conference is an informal meeting between the applicant or recipient and the caseworker or the caseworker's supervisor who was involved in determining the proposed action. At the conference, the reasons for the proposed action must be explained to the applicant or recipient, and the applicant or recipient may present information that demonstrates the proposed action is incorrect. The applicant or recipient may be represented by legal counsel, a friend, or another person. The department is not responsible for the payment of fees for the applicant or recipient's representation.

History

Source: SL 1975, ch 16, § 1; 7 SDR 66, 7 SDR 89, effective July 1, 1981; 52 SDR 55, effective December 2, 2025.
General Authority: SDCL 28-6-1.
Law Implemented: SDCL 28-6-1.

ARSD 67:12:02:08 Conference not required before fair hearing

An applicant or recipient may request a hearing without a conference with agency staff.

History

Source: SL 1975, ch 16, § 1; 7 SDR 66, 7 SDR 89, effective July 1, 1981; 52 SDR 55, effective December 2, 2025.
General Authority: SDCL 28-6-1.
Law Implemented: SDCL 28-6-1.

ARSD 67:12:02:09 Continuance of aid pending hearing decision

If a recipient requests a hearing within ten days after the department mails the notice of adverse action, the department must continue to provide aid to families with dependent children assistance without reducing, terminating, suspending, or changing the manner or form of payment until the hearing decision, unless the recipient requests that continued assistance not be paid during that time.

Assistance may not be continued if:

(1) The recipient fails to submit a required, completed monthly report;

(2) The hearing examiner determines at the hearing that the sole issue is one of state or federal law or policy and not of an incorrect grant computation; or

(3) Pending the hearing decision, the recipient's circumstances change in a way that affects the recipient's eligibility for or amount of assistance.

Aid continued under this section is subject to recovery by the department if, as a result of the fair hearing, the department's action is upheld.

Cross-References:

Aid paid pending hearing decision, 45 C.F.R. § 205.10(a)(7).

Requirements for timely and adequate notice, § 67:12:02:02.

History

Source: SL 1975, ch 16, § 1; transferred from § 67:12:03:06, 2 SDR 71, effective April 29, 1976; 7 SDR 66, 7 SDR 89, effective July 1, 1981; 8 SDR 174, effective June 28, 1982; transferred from § 67:17:02:06, 21 SDR 172, effective April 3, 1995; 22 SDR 188, effective July 8, 1996; 52 SDR 55, effective December 2, 2025.
General Authority: SDCL 28-6-1.
Law Implemented: SDCL 28-6-1.

ARSD 67:12:02:10 Written notice required if aid discontinued pending hearing decision

The department must promptly inform the recipient in writing if aid to families with dependent children assistance is discontinued pending the hearing decision.

History

Source: SL 1975, ch 16, § 1; transferred from § 67:12:03:07, 2 SDR 71, effective April 29, 1976; 7 SDR 66, 7 SDR 89, effective July 1, 1981; transferred from § 67:17:02:07, 21 SDR 172, effective April 3, 1995; 52 SDR 55, effective December 2, 2025.
General Authority: SDCL 28-6-1.
Law Implemented: SDCL 28-6-1.

ARSD 67:12:02:11 Corrective payments

If the hearing decision is favorable to the aid to families with dependent children recipient, or if the department decides in favor of the recipient before the hearing, the department must promptly make corrective payments retroactive to the date the incorrect action was taken. Retroactive corrective payments may only be made for the twelve months preceding the month in which the underpayment is discovered.

History

Source: SL 1975, ch 16, § 1; transferred from § 67:12:03:29, 2 SDR 71, effective April 29, 1976; 7 SDR 66, 7 SDR 89, effective July 1, 1981; transferred from § 67:17:02:29, 21 SDR 172, effective April 3, 1995; 52 SDR 55, effective December 2, 2025.
General Authority: SDCL 28-6-1.
Law Implemented: SDCL 28-6-1.

ARSD 67:12:02:12 Modification of aid

Nothing contained in the hearing decision precludes the department from modifying the aid to families with dependent children grant or other benefits of the recipient after the decision if there is a change in circumstances related to eligibility.

History

Source: SL 1975, ch 16, § 1; transferred from § 67:12:03:30, 2 SDR 71, effective April 29, 1976; 7 SDR 66, 7 SDR 89, effective July 1, 1981; transferred from § 67:17:02:30, 21 SDR 172, effective April 3, 1995; 52 SDR 55, effective December 2, 2025.
General Authority: SDCL 28-6-1.
Law Implemented: SDCL 28-6-1.

ARSD 67:12:04:01 Definitions

Terms used in this chapter mean:

(1) "Equity value," the current fair market value minus any encumbrances of record as of the date of valuation;

(2) "Fair market value," the price an item is likely to sell for on the open market in the geographic area involved;

(3) "Homestead property," as defined in SDCL 43-31-2 and 43-31-3;

(4) "Other real property," real property other than homestead property or real property held in trust;

(5) "Property transferred or assigned," real or personal property that was at one time owned by an applicant or recipient of public assistance, or by the spouse of the applicant or recipient, if the spouse and applicant or recipient were living together, but was transferred or assigned to another;

(6) "Real property," as defined in SDCL 43-1-3; and

(7) "Real property held in trust," real property to which the federal government has legal title but is held for the benefit of Indians or other citizens.

History

Source: SL 1975, ch 16, § 1; 7 SDR 23, effective September 18, 1980; 7 SDR 66, 7 SDR 89, effective July 1, 1981; 10 SDR 144, effective July 1, 1984; 52 SDR 55, effective December 2, 2025.
General Authority: SDCL 28-6-1.
Law Implemented: SDCL 28-6-1.

ARSD 67:12:04:01.01 Classification of real property

For purposes of this article, real property is classified as homestead property, real property held in trust, or other real property.

History

Source: 7 SDR 23, effective September 18, 1980; 7 SDR 66, 7 SDR 89, effective July 1, 1981; 52 SDR 55, effective December 2, 2025.
General Authority: SDCL 28-6-1.
Law Implemented: SDCL 28-6-1.

ARSD 67:12:04:02 Repealed

67:12:04:02. Homestead property definition.Repealed.

History

Source: SL 1975, ch 16, § 1; repealed, 7 SDR 23, effective September 18, 1980.

ARSD 67:12:04:03 Home exempt from consideration

The real property of an applicant or recipient that is the usual residence of the assistance unit may not be considered when determining eligibility for aid to families with dependent children. If the applicant or recipient is temporarily absent from the usual residence, the usual residence may be exempted if:

(1) The applicant or recipient intends to return to the residence on a specific date;

(2) The applicant or recipient agrees to immediately inform the department if the intention of the applicant or recipient to return to the residence changes; and

(3) The absence will not exceed one year, unless the department authorizes a longer period of time.

If the applicant or recipient has more than one residence, the applicant or recipient may only claim one residence as exempt under this rule.

The residence may not include different lots and tracts unless the lots or tracts are contiguous to, or consistently or regularly used as part of, the residence.

History

Source: SL 1975, ch 16, § 1; 2 SDR 24, effective October 1, 1975; 7 SDR 66, 7 SDR 89, effective July 1, 1981; 8 SDR 58, effective November 29, 1981; 10 SDR 144, effective July 1, 1984; 12 SDR 112, effective January 16, 1986; 52 SDR 55, effective December 2, 2025.
General Authority: SDCL 28-6-1.
Law Implemented: SDCL 28-6-1.

ARSD 67:12:04:04 Repealed

67:12:04:04. Definition of real property held in trust.Repealed.

History

Source: SL 1975, ch 16, § 1; repealed, 7 SDR 23, effective September 18, 1980.

ARSD 67:12:04:05 Real property held in trust affecting eligibility

Ownership of real property held in trust does not affect aid to families with dependent children eligibility.

Cross-Reference: Periodic and lease income considered, § 67:12:05:49.

History

Source: SL 1975, ch 16, § 1; 7 SDR 66, 7 SDR 89, effective July 1, 1981; 10 SDR 144, effective July 1, 1984; 52 SDR 55, effective December 2, 2025.
General Authority: SDCL 28-6-1.
Law Implemented: SDCL 28-6-1.

ARSD 67:12:04:06 Repealed

67:12:04:06. Income derived from real property held in trust.Repealed.

History

Source: SL 1975, ch 16, § 1; 7 SDR 66, 7 SDR 89, effective July 1, 1981; repealed, 10 SDR 144, effective July 1, 1984.

ARSD 67:12:04:07 Proceeds from sale of real property held in trust

Proceeds received from the sale of real property held in trust are considered a resource and are subject to the resource limit contained in § 67:12:05:05, unless the proceeds are paid under the Act of March 18, 1972, Pub. L. No. 92-254, 86 Stat. 671 (1972); the Indian Tribal Judgment Funds Use or Distribution Act, Pub. L. No. 93-134, 87 Stat. 466 (1973); the Act of October 17, 1975, Pub. L. No. 94-114, 89 Stat. 577 (1975); or the Act of October 18, 1976, Pub. L. No. 94-540, 90 Stat. 2503 (1976).

History

Source: SL 1975, ch 16, § 1; 7 SDR 66, 7 SDR 89, effective July 1, 1981; 8 SDR 82, effective January 13, 1982; 15 SDR 67, effective November 6, 1988; 52 SDR 55, effective December 2, 2025.
General Authority: SDCL 28-6-1.
Law Implemented: SDCL 28-6-1.

ARSD 67:12:04:08 Repealed

67:12:04:08. Definition of other real property.Repealed.

History

Source: SL 1975, ch 16, § 1; repealed, 7 SDR 66, 7 SDR 89, effective July 1, 1981.

ARSD 67:12:04:09 Other real property subject to resource limit

The equity value of other real property is subject to the maximum resource limit contained in § 67:12:05:05.

History

Source: SL 1975, ch 16, § 1; 2 SDR 24, effective October 1, 1975; 7 SDR 66, 7 SDR 89, effective July 1, 1981; 10 SDR 144, effective July 1, 1984; 52 SDR 55, effective December 2, 2025.
General Authority: SDCL 28-6-1.
Law Implemented: SDCL 28-6-1.

ARSD 67:12:04:10 Other real property to be placed on market

The limitation on ownership in § 67:12:04:09 may be waived for six months if the other real property is placed on the market. Applications may be approved and assistance paid regardless of the ownership of other real property if the owner or owners sign an agreement to sell the property and to reimburse the department for 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 to sell the property, the owner must immediately list 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 according to § 67:12:04:10.01. If the property is not sold within the six-month limit, or the family becomes ineligible for aid to families with dependent children, the entire amount of assistance paid during the six-month period is considered an overpayment.

Cross-Reference: Exclusion of other real property, 45 C.F.R. § 233.20(a)(3)(i)(B)(5).

History

Source: SL 1975, ch 16, § 1; 2 SDR 24, effective October 1, 1975; 7 SDR 66, 7 SDR 89, effective July 1, 1981; repealed, 10 SDR 144, effective July 1, 1984; readopted, 12 SDR 112, effective January 16, 1986; 52 SDR 55, effective December 2, 2025.
General Authority: SDCL 28-6-1.
Law Implemented: SDCL 28-6-1.

ARSD 67:12:04:10.01 Determining value of other real property -- Responsibility of applicant or recipient

An aid to families with dependent children applicant or recipient shall provide to the department evidence of the value of other real property that the applicant or recipient owns or in which the applicant or recipient has an interest. Evidence of value consists of a list of current encumbrances of record against the property and the fair market value as determined:

(1) By a real estate appraiser;

(2) By a Bureau of Indian Affairs realty office;

(3) From 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) By a bank or savings and loan official; or

(5) By the Farmers Home Administration.

The department may verify evidence submitted under this section.

Cross-References:

Applicant to provide information promptly, § 67:12:01:06.01.

Cooperation of applicant or recipient, § 67:12:01:70.

History

Source: 10 SDR 144, effective July 1, 1984; 52 SDR 55, effective December 2, 2025.
General Authority: SDCL 28-6-1.
Law Implemented: SDCL 28-6-1.

ARSD 67:12:04:10.02 Department reserves right to obtain independent valuation

The department shall accept the evidence of the fair market value submitted by the applicant or recipient unless, in the opinion of the department, the fair market value submitted by the applicant or recipient is unreasonably high or low. The department may then obtain an independent fair market valuation of the property that must be used when determining equity value.

If discrepancies exist between the list of encumbrances obtained by the department and the list submitted by the applicant or recipient, the department's list of encumbrances must be used when determining equity value.

Cross-Reference: Determining value of other real property -- Responsibility of applicant or recipient, § 67:12:04:10.01.

History

Source: 10 SDR 144, effective July 1, 1984; 52 SDR 55, effective December 2, 2025.
General Authority: SDCL 28-6-1.
Law Implemented: SDCL 28-6-1.

ARSD 67:12:04:11 Repealed

67:12:04:11. Sale or transfer of real or personal property by a recipient affecting eligibility.Repealed.

History

Source: SL 1975, ch 16, § 1; 3 SDR 52, effective January 27, 1977; 7 SDR 66, 7 SDR 89, effective July 1, 1981; repealed, 9 SDR 42, effective October 10, 1982.

ARSD 67:12:04:12 Repealed

67:12:04:12. Budget plan required for recipient.Repealed.

History

Source: SL 1975, ch 16, § 1; 7 SDR 23, effective September 18, 1980; 7 SDR 66, 7 SDR 89, effective July 1, 1981; repealed, 8 SDR 82, effective January 13, 1982.

ARSD 67:12:04:13 Property transferred, sold, or assigned by applicant

An applicant is ineligible for assistance if the department determines the applicant's intent in transferring, selling, or assigning real or personal property, with or without reservations, was to render the applicant eligible for assistance. To determine the applicant's intent in making the transfer, sale, or assignment of real or personal property, the department shall consider:

(1) The time period between the applicant's transfer, sale, or assignment of real or personal property and the time of the application for assistance; and

(2) Information indicating that the applicant made the transfer, sale, or assignment with the intent of rendering the applicant eligible for assistance.

Any legal reservation retained by the applicant in the transfer, sale, or assignment of real or personal property is subject to the limitations on real property contained in chapter 67:12:04 and the limitations on personal property contained in chapter 67:12:05.

History

Source: SL 1975, ch 16, § 1; 3 SDR 52, effective January 27, 1977; 4 SDR 10, effective August 28, 1977; 7 SDR 66, 7 SDR 89, effective July 1, 1981; 52 SDR 55, effective December 2, 2025.
General Authority: SDCL 28-6-1.
Law Implemented: SDCL 28-6-1.

ARSD 67:12:04:14 Repealed

67:12:04:14. Definition of property transferred or assigned.Repealed.

History

Source: SL 1975, ch 16, § 1; repealed, 7 SDR 66, 7 SDR 89, effective July 1, 1981.

ARSD 67:12:04:15 Repealed

67:12:04:15. Transfer or assignment of property made three years prior to application.Repealed.

History

Source: SL 1975, ch 16, § 1; repealed, 3 SDR 52, effective January 27, 1977.

ARSD 67:12:04:16 Repealed

67:12:04:16. Transfer or assignment of property made within three years prior to application.Repealed.

History

Source: SL 1975, ch 16, § 1; repealed, 3 SDR 52, effective January 27, 1977.

ARSD 67:12:04:17 Full and adequate consideration in money or money's worth for property transferred

Any item or service received for property transferred or assigned is within the meaning of the phrase "full and adequate consideration in money or money's worth" if the value of the item or service equals the reasonable market value of the property transferred or assigned. If property is transferred or assigned without full and adequate consideration, the fair market value, determined according to § 67:12:04:10.01, less encumbrances of record, must be used in determining if the recipient received the full and adequate consideration in money or money's worth.

History

Source: SL 1975, ch 16, § 1; 3 SDR 52, effective January 27, 1977; 7 SDR 66, 7 SDR 89, effective July 1, 1981; 12 SDR 112, effective January 16, 1986; 52 SDR 55, effective December 2, 2025.
General Authority: SDCL 28-6-1.
Law Implemented: SDCL 28-6-1.

ARSD 67:12:04:18 Repealed

67:12:04:18. Transfer or assignment of property as gift to a relative.Repealed.

History

Source: SL 1975, ch 16, § 1; repealed, 3 SDR 52, effective January 27, 1977.

ARSD 67:12:04:19 Repealed

67:12:04:19. Transfer or assignment of property creating a joint tenancy.Repealed.

History

Source: SL 1975, ch 16, § 1; repealed, 3 SDR 52, effective January 27, 1977.

ARSD 67:12:04:20 Periods of ineligibility

The department shall close the case or deny assistance to a recipient or applicant who fails or refuses to disclose the consideration or absence of consideration in the property transferred or assisgned, or the property sold, or who fails to disclose the receipt of a resource. The applicant or recipient remains ineligible for assistance until the treatment of lump sum income requirements of § 67:12:05:59 have been met. Section 67:12:05:59 applies when determining periods of ineligibility for:

(1) A recipient who previously failed or refused to provide a full disclosure to the department;

(2) An applicant who transferred, sold, or assigned property to become eligible for assistance; or

(3) A recipient who received money or should have received money from the sale, transfer, or assignment of property.

Cross-References:

Full and adequate consideration in money or money's worth of property transferred, § 67:12:04:17.

Determining periods of ineligibility, § 67:12:04:21.

History

Source: SL 1975, ch 16, § 1; 3 SDR 52, effective January 27, 1977; 4 SDR 10, effective August 28, 1977; 7 SDR 66, 7 SDR 89, effective July 1, 1981; 8 SDR 82, effective January 13, 1982; 52 SDR 55, effective December 2, 2025.
General Authority: SDCL 28-6-1.
Law Implemented: SDCL 28-6-1.

ARSD 67:12:04:21 Determining periods of ineligibility

The period of ineligibility for an assistance unit is determined according to § 67:12:05:59 and includes the fair market value received or the appraised fair market value of the property transferred or assigned, or the property sold as lump sum income.

Cross-Reference: Treatment of lump sum income, § 67:12:05:59.

History

Source: SL 1975, ch 16, § 1; 7 SDR 66, 7 SDR 89, effective July 1, 1981; 8 SDR 82, effective January 13, 1982; 52 SDR 55, effective December 2, 2025.
General Authority: SDCL 28-6-1.
Law Implemented: SDCL 28-6-1.

ARSD 67:12:04:22 Repealed

67:12:04:22. Monthly rate of charge-off for ineligibility period.Repealed.

History

Source: SL 1975, ch 16, § 1; 7 SDR 66, 7 SDR 89, effective July 1, 1981; repealed, 8 SDR 82, effective January 13, 1982.

ARSD 67:12:04:23 Repealed

67:12:04:23. Deductible expenditures before charge-off rates apply.Repealed.

History

Source: SL 1975, ch 16, § 1; 3 SDR 52, effective January 27, 1977; 5 SDR 48, effective December 19, 1978; 7 SDR 23, effective September 18, 1980; 7 SDR 66, 7 SDR 89, effective July 1, 1981; repealed, 8 SDR 82, effective January 13, 1982.

ARSD 67:12:04:24 Repealed

67:12:04:24. Liquid assets not included in charge-off.Repealed.

History

Source: SL 1975, ch 16, § 1; 3 SDR 52, effective January 27, 1977; 4 SDR 10, effective August 28, 1977; 7 SDR 23, effective September 18, 1980; 7 SDR 66, 7 SDR 89, effective July 1, 1981; repealed, 8 SDR 82, effective January 13, 1982.

ARSD 67:12:04:25 Date to begin charge-off computation to determine length of ineligibility

For an applicant who transferred, sold, or assigned property for the purpose of becoming eligible for aid to families with dependent children, the date to begin charge-off computations to determine length of ineligibility is the month when the instrument evidencing a transfer or assignment was delivered. If the date of delivery cannot be determined, the department must consider the month when the instrument was recorded or filed to be the month of the transfer or assignment.

For a recipient who transferred, sold, or assigned property, the date to begin the charge-off computation to determine length of ineligibility is computed forward from the date that ineligibility was determined and is not retroactive to the date of transfer or receipt of the resources.

History

Source: SL 1975, ch 16, § 1; 3 SDR 52, effective January 27, 1977; 7 SDR 66, 7 SDR 89, effective July 1, 1981; 52 SDR 55, effective December 2, 2025.
General Authority: SDCL 28-6-1.
Law Implemented: SDCL 28-6-1.

ARSD 67:12:04:26 Repealed

67:12:04:26. Disposition of proceeds during period of ineligibility.Repealed.

History

Source: SL 1975, ch 16, § 1; repealed, 3 SDR 52, effective January 27, 1977.

ARSD 67:12:04:27 Repealed

67:12:04:27. Period of ineligibility ceases.Repealed.

History

Source: SL 1975, ch 16, § 1; 7 SDR 66, 7 SDR 89, effective July 1, 1981; repealed, 8 SDR 82, effective January 13, 1982.

ARSD 67:12:04:28 Repealed

67:12:04:28. Failure to disclose money received.Repealed.

History

Source: SL 1975, ch 16, § 1; repealed, 3 SDR 52, effective January 27, 1977.

ARSD 67:12:04:29 Repealed

67:12:04:29. Land consolidation sales affecting eligibility.Repealed.

History

Source: SL 1975, ch 16, § 1; 4 SDR 60, effective March 26, 1978; repealed, 5 SDR 48, effective December 19, 1978.

ARSD 67:12:04:30 Repealed

67:12:04:30. Proceeds received from a land consolidation sale.Repealed.

History

Source: SL 1975, ch 16, § 1; 2 SDR 24, effective October 1, 1975; repealed, 5 SDR 48, effective December 19, 1978.

ARSD 67:12:04:31 Repealed

67:12:04:31. Accounting procedures for money received from land consolidated sales.Repealed.

History

Source: SL 1975, ch 16, § 1; repealed, 5 SDR 102, effective June 6, 1979.

ARSD 67:12:05:01 Definitions

Terms used in this chapter mean:

(1) "Earned income," income in cash or in kind, before income taxes, social security taxes, insurance premiums, or savings bond deductions, earned by an applicant or recipient through the receipt of wages, salary, commissions, or fees. For a self-employed individual, it is the income remaining after deducting the business expenses allowed in § 67:12:05:12;

(2) "Encumbrance," a claim, lien, charge, legal debt, chattel mortgage, or liability of record attached to and binding real property, personal property, or real and personal property;

(3) "Equity value," the current fair market value minus encumbrances of record as of the date of evaluation;

(4) "Fair market value," the price an item of a particular make, model, size, material, or condition is likely to sell for on the open market in the geographic area involved;

(5) "Liquid assets," cash on hand, plus tangible or intangible personal property that may be readily converted into cash within thirty days; and

(6) "Personal property," as defined in SDCL 43-1-2 and 43-1-3.

History

Source: SL 1975, ch 16, § 1; 7 SDR 66, 7 SDR 89, effective July 1, 1981; 8 SDR 82, effective January 13, 1982; 8 SDR 95, effective February 18, 1982; 9 SDR 46, effective October 1, 1982; 52 SDR 55, effective December 12, 2025.
General Authority: SDCL 28-6-1.
Law Implemented: SDCL 28-6-1.

ARSD 67:12:05:02 Sale, transfer, or assignment of personal property

The rules governing the sale, transfer, or assisgnment of real property also apply to personal property and include any resulting ineligibility periods.

Cross-Reference: Limitations on real property, §§ 67:12:04:13 to 67:12:04:25, inclusive.

History

Source: SL 1975, ch 16, § 1; 7 SDR 66, 7 SDR 89, effective July 1, 1981; 52 SDR 55, effective December 2, 2025.
General Authority: SDCL 28-6-1.
Law Implemented: SDCL 28-6-1.

ARSD 67:12:05:03 Repealed

67:12:05:03. Definition of liquid assets and tangible personal property.Repealed.

History

Source: SL 1975, ch 16, § 1; 4 SDR 10, effective August 28, 1977; repealed, 7 SDR 66, 7 SDR 89, effective July 1, 1981.

ARSD 67:12:05:04 Repealed

67:12:05:04. Liquid asset and tangible personal property limitation allowed once.Repealed.

History

Source: SL 1975, ch 16, § 1; repealed, 4 SDR 35, effective December 22, 1977.

ARSD 67:12:05:05 Maximum resource limit

For an aid to families with dependent children assistance unit, the maximum resource limit is one thousand dollars. Real and personal property with an equity value of no more than one thousand dollars may be reserved for each assistance unit.

Cross-References:

Need and amount of assistance, 45 C.F.R. § 233.20.

Cooperation of caretaker relative as a condition of eligibility, § 67:12:01:66.

Other real property to be placed on market, § 67:12:04:10.

History

Source: SL 1975, ch 16, § 1; 2 SDR 24, effective October 1, 1975; 3 SDR 52, effective January 27, 1977; 4 SDR 10, effective August 28, 1977; 7 SDR 23, effective September 18, 1980; 7 SDR 66, 7 SDR 89, effective July 1, 1981; 8 SDR 95, effective February 18, 1982; 12 SDR 112, effective January 16, 1986; 52 SDR 55, effective December 2, 2025.
General Authority: SDCL 28-6-1.
Law Implemented: SDCL 28-6-1.

ARSD 67:12:05:05.01 Repealed

67:12:05:05.01. Liquid resources excluded from liquid assets and tangible personal property limitations for ADC recipients.Repealed.

History

Source: 3 SDR 52, effective January 27, 1977; 4 SDR 10, effective August 28, 1977; 7 SDR 23, effective September 18, 1980; 7 SDR 66, 7 SDR 89, effective July 1, 1981; repealed, 14 SDR 140, effective May 1, 1988.

ARSD 67:12:05:06 Tangible personal property considered a resource

Tangible personal property of an applicant or recipient is considered a resource subject to § 67:12:05:05 and valued according to its equity value, except:

(1) Household goods essential for day-to-day living;

(2) Items that have an equity value of less than five hundred dollars. 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;

(3) A personal wedding and engagement ring, made with precious stones or metals; and

(4) The equity in one vehicle of no more than one thousand five hundred dollars, if the vehicle is the assistance unit's primary mode of transportation.

Cross-References:

Need and amount of assistance, 45 C.F.R. § 233.20.

Maximum resource limit, § 67:12:05:05.

Exclusion of vehicle owned by dependent child, § 67:12:05:76.

History

Source: SL 1975, ch 16, § ; 2 SDR 24, effective October 1, 1975; 7 SDR 23, effective September 18, 1980; 7 SDR 66, 7 SDR 89, effective July 1, 1981; 8 SDR 95, effective February 18, 1982; 14 SDR 140, effective May 1, 1988; 20 SDR 196, effective May 23, 1994; 52 SDR 55, effective December 2, 2025.
General Authority: SDCL 28-6-1.
Law Implemented: SDCL 28-6-1.

ARSD 67:12:05:07 Bank account considered liquid asset

Money on deposit in a bank is included as a liquid resource when applying the resource limit in § 67:12:05:05 whether in a checking account, savings account, or 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 a liquid resource of the applicant or recipient, when applying the resource limit in § 67:12:05:05, if the applicant or recipient is permitted to make withdrawals from the account.

History

Source: SL 1975, ch 16, § 1; 7 SDR 66, 7 SDR 89, effective July 1, 1981; 12 SDR 112, effective January 16, 1986; 20 SDR 196, effective May 23, 1994; 52 SDR 55, effective December 2, 2025.
General Authority: SDCL 28-6-1.
Law Implemented: SDCL 28-6-1.

ARSD 67:12:05:08 Savings bond considered liquid asset

A savings bond is included as a liquid resource when applying the resource limit in § 67:12:05:05 to the extent of its current value. Unless the applicant or recipient produces clear and convincing evidence to the contrary, a savings bond co-owned with another individual is considered a liquid resource of the applicant or recipient, when applying the resource limit in § 67:12:05:05, if the applicant or recipient is the actual purchaser or has the power to cash the bond.

History

Source: SL 1975, ch 16, § 1; 7 SDR 66, 7 SDR 89, effective July 1, 1981; 12 SDR 112, effective January 16, 1986; 52 SDR 55, effective December 2, 2025.
General Authority: SDCL 28-6-1.
Law Implemented: SDCL 28-6-1.

ARSD 67:12:05:09 Life insurance considered a resource

The cash value of a life insurance policy is included as a liquid resource when applying the resource limit in § 67:12:05:05.

Cross-References:

Need and amount of assistance, 45 C.F.R. § 233.20.

Maximum resource limit, § 67:12:05:05.

History

Source: SL 1975, ch 16, § 1; 2 SDR 24, effective October 1, 1975; 2 SDR 88, effective July 1, 1976; 7 SDR 23, effective September 18, 1980; 7 SDR 66, 7 SDR 89, effective July 1, 1981; 8 SDR 95, effective February 18, 1982; 52 SDR 55, effective December 2, 2025.
General Authority: SDCL 28-6-1.
Law Implemented: SDCL 28-6-1.

ARSD 67:12:05:09.01 Prepaid burial contracts

The equity value, up to one thousand five hundred dollars, of a prepaid burial contract designated for use by a member of the assistance unit is excluded as a resource when applying the resource limit in § 67:12:05:05. The burial contract must meet the criteria of SDCL 55-11-1, 55-11-2, and 55-11-3.

Cross-Reference: Exclusion of bona fide funeral agreements, 45 C.F.R. § 233.20(a)(3)(i)(B)(4).

History

Source: 12 SDR 112, effective January 16, 1986; 52 SDR 55, effective December 2, 2025.
General Authority: SDCL 28-6-1.
Law Implemented: SDCL 28-6-1.

ARSD 67:12:05:09.02 Burial spaces excluded from resources

Burial spaces owned by the applicant or recipient are excluded as a resource when applying the resource limit in § 67:12:05:05 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. For purposes of this section, "burial space" is a gravesite, crypt, mausoleum, urn, or other repository, casket, or concrete vault.

A grave marker is part of the burial space.

Cross-Reference: Need and amount of assistance, 45 C.F.R. § 233.20(a)(3)(i)(B)(3).

History

Source: 12 SDR 112, effective January 16, 1986; 52 SDR 55, effective December 2, 2025.
General Authority: SDCL 28-6-1.
Law Implemented: SDCL 28-6-1.

ARSD 67:12:05:10 Personal property held in trust considered a resource

The department must consider personal property held in trust as a resource when applying the resource limit in § 67:12:05:05 if the trust instrument:

(1) Is revocable;

(2) 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

(3) 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 consider a personal property trust created to render an applicant, recipient, or dependent child eligible to receive public assistance to be a transfer that results in ineligibility. The department shall account for the income received from a personal property trust in the same manner as any other income.

History

Source: SL 1975, ch 16, § 1; 4 SDR 10, effective August 28, 1977; 7 SDR 66, 7 SDR 89, effective July 1, 1981; 21 SDR 172, effective April 3, 1995; 52 SDR 55, effective December 2, 2025.
General Authority: SDCL 28-6-1.
Law Implemented: SDCL 28-6-1.

ARSD 67:12:05:11 Repealed

67:12:05:11. Definition of earned income.Repealed.

History

Source: SL 1975, ch 16, § 1; repealed, 7 SDR 66, 7 SDR 89, effective July 1, 1981.

ARSD 67:12:05:12 Earned income from business

Net earned income or profit from a business is computed by subtracting business expenses 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. Income tax, lunches, 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 specified in § 67:12:05:14 is applied to the net income after the standard earned income deduction specified in § 67:12:05:18 and the dependent care disregard specified in § 67:12:05:21.

History

Source: SL 1975, ch 16, § 1; 1 SDR 53, effective January 22, 1975; 7 SDR 66, 7 SDR 89, effective July 1, 1981; 8 SDR 82, effective January 13, 1982; 9 SDR 24, effective September 2, 1982; 52 SDR 55, effective December 2, 2025.
General Authority: SDCL 28-6-1.
Law Implemented: SDCL 28-6-1.

ARSD 67:12:05:13 Repealed

67:12:05:13. Gross earned income.Repealed.

History

Source: SL 1975, ch 16, § 1; repealed, 7 SDR 66, 7 SDR 89, effective July 1, 1981.

ARSD 67:12:05:14 Earned income exemption for aid to families with dependent children

After the standard earned income deduction has been applied, employed recipients whose financial needs are considered in the aid to families with dependent children (AFDC) grant shall each receive an earned income exemption. The amount of the earned income exemption is thirty dollars per month plus one-third of the remaining income until the exemption has been applied for four consecutive months. For the next eight consecutive months, the exemption is thirty dollars. The eight months are continuous regardless of whether the thirty-dollar exemption was applied in those months.

A person who becomes ineligible for AFDC after receiving the earned income exemption for four consecutive months, but before the eight additional months of the thirty-dollar exemption have run out, is eligible for the remaining months of the thirty-dollar 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 twelve consecutive months.

Cross-References:

Disregard of income and resources applicable only to AFDC, 45 C.F.R. § 233.20(a)(11)(i)(D) and 45 C.F.R. § 233.20(a)(11).

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.

History

Source: SL 1975, ch 16, § 1; 7 SDR 66, 7 SDR 89, effective July 1, 1981; 8 SDR 82, effective January 13, 1982; 12 SDR 4, effective July 21, 1985; 16 SDR 58, effective October 1, 1989; 52 SDR 55, effective December 2, 2025.
General Authority: SDCL 28-6-1.
Law Implemented: SDCL 28-6-1.

ARSD 67:12:05:15 Reserves accumulated from earnings

Reserves accumulated from earnings are treated in the same manner as reserves accumulated from any other source.

History

Source: SL 1975, ch 16, § 1; 4 SDR 10, effective August 28, 1977; 7 SDR 66, 7 SDR 89, effective July 1, 1981; 52 SDR 55, effective December 2, 2025.
General Authority: SDCL 28-6-1.
Law Implemented: SDCL 28-6-1.

ARSD 67:12:05:16 Treatment of tax refunds

Tax refunds received by an applicant or recipient are considered an allowable deduction for the purposes of determining available earned income.

History

Source: SL 1975, ch 16, § 1; 7 SDR 23, effective September 18, 1980; 7 SDR 66, 7 SDR 89, effective July 1, 1981; 8 SDR 82, effective January 13, 1982; 16 SDR 58, effective October 1, 1989; 52 SDR 55, effective December 2, 2025.
General Authority: SDCL 28-6-1.
Law Implemented: SDCL 28-6-1.

ARSD 67:12:05:16.01 Treatment of earned income tax credit

An earned income tax credit received by an applicant or recipient is considered an allowable deduction for the purposes or determining available earned income.

Cross-Reference: Treatment of earned income tax credit, 45 C.F.R. § 233.20(a)(11)(viii).

History

Source: 8 SDR 125, effective April 4, 1982; 12 SDR 4, effective July 21, 1985; 16 SDR 58, effective October 1, 1989; 16 SDR 161, effective March 20, 1990; 17 SDR 153, effective April 16, 1991; 52 SDR 55, effective December 2, 2025.
General Authority: SDCL 28-6-1.
Law Implemented: SDCL 28-6-1.

ARSD 67:12:05:17 Repealed

67:12:05:17. Social security contribution as a deduction from earnings.Repealed.

History

Source: SL 1975, ch 16, § 1; 4 SDR 10, effective August 28, 1977; 7 SDR 66, 7 SDR 89, effective July 1, 1981; repealed, 8 SDR 82, effective January 13, 1982.

ARSD 67:12:05:18 Standard earned income deduction

The standard earned income deduction is ninety dollars. 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 aid to families with dependent children 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 income tax, social security, lunches, transportation to and from work, and mandatory insurance premiums or retirement contributions.

Cross-References:

Earned income from business, § 67:12:05:12.

Farming or other self-employment business expenses as deductions from income, § 67:12:05:20.

Exemption of vocational rehabilitation training allowances, § 67:12:05:27.

Consideration of income of parent of minor parent, § 67:12:05:52.01.

History

Source: SL 1975, ch 16, § 1; 2 SDR 88, effective July 1, 1976; 4 SDR 10, effective August 28, 1977; 4 SDR 60, effective March 26, 1978; 7 SDR 23, effective September 18, 1980; 7 SDR 66, 7 SDR 89, effective July 1, 1981; 8 SDR 82, effective January 13, 1982; 9 SDR 46, effective October 1, 1982; 10 SDR 144, effective July 1, 1984; 12 SDR 4, effective July 21, 1985; 14 SDR 40, effective September 24, 1987; 16 SDR 58, effective October 1, 1989; 52 SDR 55, effective December 2, 2025.
General Authority: SDCL 28-6-1.
Law Implemented: SDCL 28-6-1.

ARSD 67:12:05:19 Repealed

67:12:05:19. Mandatory payroll deductions.Repealed.

History

Source: SL 1975, ch 16, § 1; 7 SDR 66, 7 SDR 89, effective July 1, 1981; repealed, 8 SDR 82, effective January 13, 1982.

ARSD 67:12:05:20 Farming or other self-employment business expenses as deductions from income

Farming or other self-employment business expenses directly related to producing the goods or services of the business, and without which the goods or services could not be produced, are considered allowable deductions for the purposes of determining available earned income.

Cross-References:

Need and amount of assistance, 45 C.F.R. § 233.20(a)(6)(v)(B).

Earned income from business, § 67:12:05:12.

History

Source: SL 1975, ch 16, § 1; 7 SDR 66, 7 SDR 89, effective July 1, 1981; 9 SDR 42, effective October 10, 1982; 21 SDR 172, effective April 3, 1995; 52 SDR 55, effective December 2, 2025.
General Authority: SDCL 28-6-1.
Law Implemented: SDCL 28-6-1.

ARSD 67:12:05:21 Dependent care disregard from earnings -- Employed caretaker relatives

An employed recipient caretaker relative whose earnings are considered when determining eligibility for aid to families with dependent children (AFDC) and the amount of the assistance grant are allowed a deduction from the earnings in the amount of the cost of dependent care.

For a recipient caretaker relative who is employed full time throughout the budget month, the deductible dependent care cost is the amount actually paid by the caretaker, not to exceed one hundred seventy-five dollars per month for each dependent aged two or older, or two hundred dollars per month for each dependent under the age of two.

For a recipient caretaker relative who is employed part time throughout the budget month, the deductible dependent care cost is the amount actually paid by the caretaker, not to exceed one hundred seventy-four dollars per month for each dependent aged two or older, or one hundred ninety-nine dollars per month for each dependent under the age of two.

The deduction must be made after the earned income exemption in § 67:12:05:14 is applied.

Charges for dependent care must include all costs associated with the care.

Dependent care services are limited to those care services provided for the care of a dependent child or an incapacitated adult who is living in the home and who is receiving AFDC.

Dependent care services do not include those care services provided by the dependent child's parent or caretaker relative.

Cross-References:

Disregard of cost for care of dependent child or incapacitated adult, 45 C.F.R. § 233.20(a)(11)(i)(D).

Use of earned income exemption in determining eligibility and computing the assistance payment, § 67:12:05:34.

History

Source: SL 1975, ch 16, § 1; 2 SDR 88, effective July 1, 1976; 3 SDR 40, effective November 30, 1976; 7 SDR 23, effective September 18, 1980; 7 SDR 66, 7 SDR 89, effective July 1, 1981; 9 SDR 24, effective September 2, 1982; 14 SDR 40, effective September 24, 1987; 16 SDR 58, effective October 1, 1989; 52 SDR 55, effective December 2, 2025.
General Authority: SDCL 28-6-1.
Law Implemented: SDCL 28-6-1.

ARSD 67:12:05:22 Alimony and child support paid by member of assistance unit considered exempt income

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 considered an allowable deduction for the purposes of determining available income.

Cross-Reference: Collection of child support, SDCL chapter 25-7A.

History

Source: SL 1975, ch 16, § 1; 7 SDR 23, effective September 18, 1980; 7 SDR 66, 7 SDR 89, effective July 1, 1981; 13 SDR 193, effective June 22, 1987; 52 SDR 55, effective December 2, 2025.
General Authority: SDCL 28-6-1.
Law Implemented: SDCL 28-6-1.

ARSD 67:12:05:22.01 Repealed

67:12:05:22.01. Consideration of child and spousal support.Repealed.

History

Source: 12 SDR 4, effective July 21, 1985; 13 SDR 193, effective June 22, 1987; 15 SDR 67, effective November 6, 1988; repealed, 23 SDR 83, effective November 24, 1996.

ARSD 67:12:05:23 Supplementary medical insurance benefit premiums as deductible from available income

The supplemental medical insurance premiums paid by a medical-only applicant or recipient eligible for supplemental medical coverage under medicare part B are considered an allowable deduction for the purposes of determining available earned income.

History

Source: SL 1975, ch 16, § 1; 7 SDR 66, 7 SDR 89, effective July 1, 1981; 52 SDR 55, effective December 2, 2025.
General Authority: SDCL 28-6-1.
Law Implemented: SDCL 28-6-1.

ARSD 67:12:05:24 Foster care payment not considered as available income

In aid to families with dependent children (AFDC) households where a child has been placed for foster care by the department, the foster care payment to the foster parents is considered an allowable deduction for the purposes of determining available earned income in determining the AFDC grant. The foster care payment is considered sufficient only to meet the needs of the foster child and may not result in any significant income or profit available to the foster parent. The foster child must not be shown in the assistance plan.

History

Source: SL 1975, ch 16, § 1; 7 SDR 66, 7 SDR 89, effective July 1, 1981; 52 SDR 55, effective December 2, 2025.
General Authority: SDCL 28-6-1.
Law Implemented: SDCL 28-6-1.

ARSD 67:12:05:25 Consideration of JOBS participant's income, Repealed

67:12:05:25. Consideration of JOBS participant's income. Repealed.

History

Source: SL 1975, ch 16, § 1; 7 SDR 66, 7 SDR 89, effective July 1, 1981; 8 SDR 82, effective January 13, 1982; 8 SDR 174, effective June 28, 1982; 16 SDR 99, effective December 7, 1989; 21 SDR 172, effective April 3, 1995; 52 SDR 55, effective December 2, 2025.

ARSD 67:12:05:26 Repealed

67:12:05:26. Work allowances and incentive payments of MDTA participants.Repealed.

History

Source: SL 1975, ch 16, § 1; repealed, 1 SDR 66, effective April 3, 1975.

ARSD 67:12:05:27 Exemption of vocational rehabilitation training allowances

A training allowance paid to an applicant or recipient in 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.

History

Source: SL 1975, ch 16, § 1; 1 SDR 30, effective October 13, 1974; 2 SDR 88, effective July 1, 1976; 7 SDR 23, effective September 18, 1980; 7 SDR 66, 7 SDR 89, effective July 1, 1981; 9 SDR 24, effective September 2, 1982; 12 SDR 204, effective July 1, 1986; 21 SDR 172, effective April 3, 1995; 52 SDR 55, effective December 2, 2025.
General Authority: SDCL 28-6-1.
Law Implemented: SDCL 28-6-1.

ARSD 67:12:05:28 Educational grants, stipends, or loans insured by the Secretary of Education not considered available income

Any grant, stipend, or loan to any undergraduate student for educational purposes made or insured under any program administered by the United States Secretary of Education is considered an allowable deduction for the purposes of determining available earned income.

Cross-Reference: Educational grants insured by the Secretary of Education, 45 C.F.R. § 233.20(a)(4)(ii)(d).

History

Source: SL 1975, ch 16, § 1; 5 SDR 48, effective December 19, 1978; 7 SDR 66, 7 SDR 89, effective July 1, 1981; 52 SDR 55, effective December 2, 2025.
General Authority: SDCL 28-6-1.
Law Implemented: SDCL 28-6-1.

ARSD 67:12:05:29 Scholarships, grants, awards, and loans for educational purposes

Scholarships, grants, awards, and loans for educational purposes that 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. The total amount of complementary assistance must 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 are considered income when determining eligibility and the amount of the assistance grant.

Cross-Reference: No duplication of other assistance, 45 C.F.R. § 233.20(a)(3)(vii).

History

Source: SL 1975, ch 16, § 1; 1 SDR 53, effective January 22, 1975; 7 SDR 66, 7 SDR 89, effective July 1, 1981; 9 SDR 42, effective October 10, 1982; 52 SDR 55, effective December 2, 2025.
General Authority: SDCL 28-6-1.
Law Implemented: SDCL 28-6-1.

ARSD 67:12:05:29.01 Treatment of moneys received under a college work-study program

Moneys received under a college work-study program are disregarded for the purposes of the aid to families with dependent children program.

History

Source: 7 SDR 66, 7 SDR 89, effective July 1, 1981; 16 SDR 58, effective October 1, 1989; 52 SDR 55, effective December 2, 2025.
General Authority: SDCL 28-6-1.
Law Implemented: SDCL 28-6-1.

ARSD 67:12:05:29.02 Treatment of loans

A loan obtained in good faith and expected to be paid back is considered an allowable deduction for the purposes of determining available earned income.

Cross-Reference: Income and resources -- Treatment of loans, 45 C.F.R. § 233.20(a)(3)(xxi).

History

Source: 14 SDR 140, effective May 1, 1988; 17 SDR 200, effective July 1, 1991; 52 SDR 55, effective December 2, 2025.
General Authority: SDCL 28-6-1.
Law Implemented: SDCL 28-6-1.

ARSD 67:12:05:30 Repealed

67:12:05:30. Value of home produce not income.Repealed.

History

Source: SL 1975, ch 16, § 1; 7 SDR 66, 7 SDR 89, effective July 1, 1981; repealed, 23 SDR 109, effective January 5, 1997.

ARSD 67:12:05:31 Supplemental nutrition assistance benefits not considered available income

Supplemental nutrition assistance benefits are not considered available income when determining eligibility and the amount of the aid to families with dependent children assistance grant.

History

Source: SL 1975, ch 16, § 1; 7 SDR 66, 7 SDR 89, effective July 1, 1981; 52 SDR 55, effective December 2, 2025.
General Authority: SDCL 28-6-1.
Law implemented: SDCL 28-6-1.

ARSD 67:12:05:32 Value of federal donated commodities not considered available income

The value of United States Department of Agriculture donated foods is not considered available income when determining eligibility and the amount of the aid to families with dependent children assistance grant.

History

Source: SL 1975, ch 16, § 1; 7 SDR 66, 7 SDR 89, effective July 1, 1981; 52 SDR 55, effective December 2, 2025.
General Authority: SDCL 28-6-1.
Law Implemented: SDCL 28-6-1.

ARSD 67:12:05:33 Payment received under the Relocation Act not considered available income

Any payment received under Title II of the federal Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, 42 U.S.C. §§ 4601 et.seq. (April 2, 1987) is not considered a resource and may not count against the liquid asset limitation or as income to meet current needs.

Cross-References:

Disregard of income, 45 C.F.R. § 233.20(a)(4)(ii)(c).

Maximum resource limit, § 67:12:05:05.

Collateral Reference: Definitions, "need standard", subdivision 67:12:06:00(7).

History

Source: SL 1975, ch 16, § 1; 7 SDR 66, 7 SDR 89, effective July 1, 1981; 52 SDR 55, effective December 2, 2025.
General Authority: SDCL 28-6-1.
Law Implemented: SDCL 28-6-1.

ARSD 67:12:05:34 Use of earned income exemption in determining eligibility and computing the assistance payment

In determining eligibility and computing the assistance payment, the earned income exemption is applied as follows:

(1) Initial eligibility for a new applicant is determined without using the earned income exemption. If eligibility for a money payment can be established, the amount of the assistance payment is computed using the earned income exemption;

(2) When determining continuing eligibility and the amount of assistance, the earned income exemption is 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 is applied as follows in determining initial eligibility for a former recipient who is reapplying:

(a) A thirty-dollar plus one-third of the remaining income exemption is applied if the former recipient is eligible under § 67:12:05:14 and received aid to families with dependent children in one or more of the four preceding months;

(b) A thirty-dollar exemption is applied if the former recipient is eligible under § 67:12:05:14; and

(c) Eligibility is determined according to subdivision (1) of this section if the former recipient does not qualify under subsection (a) or (b) of this section but is otherwise eligible under § 67:12:05:14.

Cross-Reference: Earned income exemption for aid to families with dependent children, § 67:12:05:14.

History

Source: SL 1975, ch 16, § 1; 2 SDR 88, effective July 1, 1976; 7 SDR 66, 7 SDR 89, effective July 1, 1981; 8 SDR 82, effective January 13, 1982; 12 SDR 4, effective July 21, 1985; 52 SDR 55, effective December 2, 2025.
General Authority: SDCL 28-6-1.
Law Implemented: SDCL 28-6-1.

ARSD 67:12:05:35 Repealed

67:12:05:35. Child care only case.Repealed.

History

Source: SL 1975, ch 16, § 1; repealed, 2 SDR 88, effective July 1, 1976.

ARSD 67:12:05:36 Determining continuing eligibility

To determine continuing eligibility, the department shall apply total income, minus exclusions, against the applicable need standard in § 67:12:06:04.01 for a similar aid to families with dependent children (AFDC) household. If the income exceeds one hundred eighty-five percent of the standard, the assistance unit is no longer eligible for AFDC.

If the assistance unit is eligible, the department must 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 must 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 must 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.

Cross-References:

Income and resources, 45 C.F.R. § 233.20(a)(3).

Standard earned income deduction, § 67:12:05:18.

Dependent care disregard from earnings -- Employed caretaker relatives, § 67:12:05:21.

History

Source: SL 1975, ch 16, § 1; 2 SDR 88, effective July 1, 1976; 7 SDR 66, 7 SDR 89, effective July 1, 1981; 8 SDR 82, effective January 13, 1982; 8 SDR 174, effective June 28, 1982; 12 SDR 4, effective July 21, 1985; 12 SDR 112, effective January 16, 1986; 12 SDR 204, effective July 1, 1986; 16 SDR 58, effective October 1, 1989; 52 SDR 55, effective December 2, 2025.
General Authority: SDCL 28-6-1.
Law Implemented: SDCL 28-6-1.

ARSD 67:12:05:37 Repealed

67:12:05:37. Earned income of full-time or part-time student receiving ADC.Repealed.

History

Source: SL 1975, ch 16, § 1; 7 SDR 66, 7 SDR 89, effective July 1, 1981; repealed, 9 SDR 42, effective October 10, 1982.

ARSD 67:12:05:38 Application of child's earned income

When determining aid to families with dependent children eligibility and the amount of the assistance grant, the earned income of a dependent child, except income earned from participation in the Job Training Partnership Act summer youth employment program, is:

(1) Considered when the child is not a student or is a part-time student working full-time when determining eligibility and the amount of the assistance grant;

(2) Considered when the child is a part-time student working part time when determining eligibility and disregarded when determining the amount of the assistance grant; and

(3) Excluded when the child is a full-time student 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.

Cross-References:

Disregard of income and resources applicable only to AFDC, 45 C.F.R. § 233.20(a)(11).

Exclusion of dependent child's income received from Job Training Partnership Act summer youth employment program, § 67:12:05:74.

Exclusion of dependent child's earnings, § 67:12:05:79.

Financial eligibility -- Gross income limit, § 67:12:06:03.

History

Source: SL 1975, ch 16, § 1; 7 SDR 66, 7 SDR 89, effective July 1, 1981; 8 SDR 82, effective January 13, 1982; 9 SDR 42, effective October 10, 1982; 12 SDR 4, effective July 21, 1985; 20 SDR 196, effective May 23, 1994; 52 SDR 55, effective December 2, 2025.
General Authority: SDCL 28-6-1.
Law Implemented: SDCL 28-6-1.

ARSD 67:12:05:39 Repealed

67:12:05:39. Stepparent household.Repealed.

History

Source: SL 1975, ch 16, § 1; 3 SDR 52, effective January 27, 1977; repealed, 7 SDR 23, effective September 18, 1980.

ARSD 67:12:05:40 Repealed

67:12:05:40. Contributing stepparent.Repealed.

History

Source: SL 1975, ch 16, § 1; repealed, 3 SDR 52, effective January 27, 1977.

ARSD 67:12:05:41 Repealed

67:12:05:41. Limited contribution of stepparent.Repealed.

History

Source: SL 1975, ch 16, § 1; repealed, 3 SDR 52, effective January 27, 1977.

ARSD 67:12:05:42 Repealed

67:12:05:42. Noncontributing stepparent.Repealed.

History

Source: SL 1975, ch 16, § 1; repealed, 3 SDR 52, effective January 27, 1977.

ARSD 67:12:05:43 Repealed

67:12:05:43. Income received for providing day care services.Repealed.

History

Source: SL 1975, ch 16, § 1; 7 SDR 66, 7 SDR 89, effective July 1, 1981; 13 SDR 193, effective June 22, 1987; repealed, 21 SDR 172, effective April 3, 1995.

ARSD 67:12:05:44 Real or personal property income or profits of applicants or recipients of aid to families with dependent children

The net income or profits a dependent child derives from real or personal property is considered available to the dependent child and deducted from the need standard.

Cross-Reference: Need standard, § 67:12:06:04.01.

History

Source: SL 1975, ch 16, § 1; 7 SDR 66, 7 SDR 89, effective July 1, 1981; 21 SDR 172, effective April 3, 1995; 52 SDR 55, effective December 2, 2025.
General Authority: SDCL 28-6-1.
Law Implemented: SDCL 28-6-1.

ARSD 67:12:05:45 Real or personal property income or profits of parents of dependent children

If a dependent child is living in the home of the child's natural or adoptive parents or stepparent, the department must consider the net income or profits the child's parents derive from real or personal property to be available to meet the needs of the dependent child and deduct the net income or profits from the assistance plan.

History

Source: SL 1975, ch 16, § 1; 4 SDR 10, effective August 28, 1977; 7 SDR 23, effective September 18, 1980; 7 SDR 66, 7 SDR 89, effective July 1, 1981; 52 SDR 55, effective December 2, 2025.
General Authority: SDCL 28-6-1.
Law Implemented: SDCL 28-6-1.

ARSD 67:12:05:46 Repealed

67:12:05:46. All income and resources to be considered.Repealed.

History

Source: SL 1975, ch 16, § 1; 7 SDR 66, 7 SDR 89, effective July 1, 1981; repealed, 8 SDR 82, effective January 13, 1982.

ARSD 67:12:05:47 Interest from savings

If an 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.

Cross-References:

Maximum resource limit, § 67:12:05:05.

Interest from child's savings account excluded, § 67:12:05:78.

History

Source: SL 1975, ch 16, § 1; 7 SDR 66, 7 SDR 89, effective July 1, 1981; 13 SDR 193, effective June 22, 1987; 20 SDR 196, effective May 23, 1994; 52 SDR 55, effective December 2, 2025.
General Authority: SDCL 28-6-1.
Law Implemented: SDCL 28-6-1.

ARSD 67:12:05:48 Tips considered

Tips are considered earned income when determining the assistance unit's financial eligibility and the amount of the assistance grant.

History

Source: SL 1975, ch 16, § 1; 2 SDR 88, effective July 1, 1976; 7 SDR 66, 7 SDR 89, effective July 1, 1981; 21 SDR 172, effective April 3, 1995; 52 SDR 55, effective December 2, 2025.
General Authority: SDCL 28-6-1.
Law Implemented: SDCL 28-6-1.

ARSD 67:12:05:49 Periodic and lease income considered

The department considers income received from trust land leases from July first to June thirtieth.

The department shall exclude up to two thousand dollars per 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 two thousand dollars after the date of application or after the date of the continuing eligibility determination, the department must 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.

History

Source: SL 1975, ch 16,§ 1; 7 SDR 66, 7 SDR 89, effective July 1, 1981; 10 SDR 48, effective November 21, 1983; 20 SDR 144, effective March 10, 1994; 52 SDR 55, effective December 2, 2025.
General Authority: SDCL 28-6-1.
Law Implemented: SDCL 28-6-1.

ARSD 67:12:05:50 Repealed

67:12:05:50. Nonrecipient dependent household members.Repealed.

History

Source: SL 1975, ch 16, § 1; 2 SDR 88, effective July 1, 1976; 3 SDR 52, effective January 27, 1977; 5 SDR 48, effective December 19, 1978; 7 SDR 23, effective September 18, 1980; 7 SDR 66, 7 SDR 89, effective July 1, 1981; 8 SDR 58, effective November 29, 1981; 12 SDR 112, effective January 16, 1986; repealed, 17 SDR 53, effective October 16, 1990.

ARSD 67:12:05:51 Individuals excluded from assistance unit -- Nondependent household members

A nondependent household member must be excluded from the assistance unit. The needs of a nondependent household member may not be considered when determining the amount of the assistance grant. The following individuals are nondependent household members:

(1) A parent or sibling who receives supplemental security income benefits;

(2) A parent or sibling who is an alien and is ineligible for aid to families with dependent children (AFDC) because of the application of sponsor-to-alien deeming required by § 67:12:01:14.01;

(3) A parent or sibling who is an alien and is ineligible for AFDC because the parent or sibling does not meet the citizenship and alienage requirements;

(4) A parent or sibling who is ineligible for AFDC as the result of the imposition of a sanction;

(5) A parent or sibling previously entitled to AFDC who is ineligible due to receipt of lump sum income; and

(6) A parent or sibling for whom foster care maintenance payments are received.

Cross-References:

Application, determination of eligibility and furnishing of assistance, 45 C.F.R. § 206.10.

Citizenship and alienage, 45 C.F.R. § 233.50.

Eligibility of sponsored aliens, 45 C.F.R. § 233.51.

Factors specific to AFDC, 45 C.F.R. § 233.90(a).

Individuals who must be included in assistance unit, § 67:12:01:69.

History

Source: SL 1975, ch 16, § 1; 2 SDR 88, effective July 1, 1976; 3 SDR 52, effective January 27, 1977; 5 SDR 48, effective December 19, 1978; 5 SDR 102, effective June 6, 1979; 7 SDR 23, effective September 18, 1980; 7 SDR 66, 7 SDR 89, effective July 1, 1981; 11 SDR 54, effective October 1, 1984; 21 SDR 172, effective April 3, 1995; 22 SDR 70, effective November 19, 1995; 52 SDR 55, effective December 2, 2025.
General Authority: SDCL 28-6-1.
Law Implemented: SDCL 28-6-1.

ARSD 67:12:05:52 Treatment of income from nonrecipient

Except for a nonrecipient 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 is considered 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, the provisions of § 67:12:05:12 apply;

(2) The cash contribution of a roomer is considered income. A roomer generally does not receive meals in addition to room. If the household offers room to people as a business, the 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 is considered available to meet and must be deducted from the budgetary needs of the assistance unit; and

(4) For an assistance unit in an independent living arrangement, as defined in § 67:12:06:00, the cash contribution made by a nonrecipient household member for the assistance unit's rent or mortgage is considered unearned income to the assistance unit if 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.

History

Source: SL 1975, ch 16, § 1; 5 SDR 102, effective June 6, 1979; 7 SDR 23, effective September 18, 1980; 7 SDR 66, 7 SDR 89, effective July 1, 1981; 8 SDR 82, effective January 13, 1982; 11 SDR 54, effective October 1, 1984; 12 SDR 204, effective July 1, 1986; 52 SDR 55, effective December 2, 2025.
General Authority: SDCL 28-6-1.
Law Implemented: SDCL 28-6-1.

ARSD 67:12:05:52.01 Consideration of income of parent of minor parent

The department shall consider the income of a minor parent's parent when determining eligibility for and the amount of the aid to families with dependent children (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 to meet the needs of the dependent child 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 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 an individual under the age of eighteen, regardless of school attendance or marital status.

Cross-References:

Consideration of income of minor parent's parent, 45 C.F.R. § 233.20(a)(3)(xviii).

Definitions, "need standard", subdivision 67:12:06:00(7).

History

Source: 12 SDR 4, effective July 21, 1985; 12 SDR 204, effective July 1, 1986; 13 SDR 193, effective June 22, 1987; 16 SDR 58, effective October 1, 1989; 19 SDR 68, effective November 9, 1992; 52 SDR 55, effective December 2, 2025.
General Authority: SDCL 28-6-1.
Law Implemented: SDCL 28-6-1.

ARSD 67:12:05:53 Repealed

67:12:05:53. Allocation of income.Repealed.

History

Source: SL 1975, ch 16, § 1; 1 SDR 30, effective October 13, 1974; 2 SDR 88, effective July 1, 1976; 5 SDR 48, effective December 19, 1978; 5 SDR 102, effective June 6, 1979; 7 SDR 23, effective September 18, 1980; 7 SDR 66, 7 SDR 89, effective July 1, 1981; 12 SDR 112, effective January 16, 1986; 16 SDR 58, effective October 1, 1989; repealed, 17 SDR 53, effective October 16, 1990.

ARSD 67:12:05:54 Proceeds from life insurance

Proceeds from life insurance are treated as specified in § 67:12:05:59.

History

Source: SL 1975, ch 16, § 1; 7 SDR 66, 7 SDR 89, effective July 1, 1981; 8 SDR 82, effective January 13, 1982; 52 SDR 55, effective December 2, 2025.
General Authority: SDCL 28-6-1.
Law Implemented: SDCL 28-6-1.

ARSD 67:12:05:55 Repealed

67:12:05:55. Income specifically designated for group of children or child.Repealed.

History

Source: SL 1975, ch 16, § 1; 7 SDR 66, 7 SDR 89, effective July 1, 1981; repealed, 8 SDR 82, effective January 13, 1982.

ARSD 67:12:05:56 Applicants or recipients to take advantage of all resources

An applicant or recipient of assistance payments must take advantage of all resources to which the applicant or recipient is entitled. Failure or refusal to do so may result in ineligibility for the applicant or recipient.

History

Source: SL 1975, ch 16, § 1; 7 SDR 66, 7 SDR 89, effective July 1, 1981; 52 SDR 55, effective December 2, 2025.
General Authority: SDCL 28-6-1.
Law Implemented: SDCL 28-6-1.

ARSD 67:12:05:57 Benefits to children and adults derived from government sources

All benefits derived from governmental sources and compensations that are actually received by applicants for or recipients of public assistance must 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 supplemental security income (SSI), the department may not consider that individual's income or resources when determining aid to families with dependent children (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, the part of the payment that is for the student and is used for items for school purposes and child care services necessary for school attendance is not considered income for purposes of the AFDC program. The part of the payment received from the Veterans' Administration for the individual's dependents who are in an AFDC assistance unit must be considered available as nonexempt income.

Cross-Reference: Need and amount of assistance -- Income and resources, 45 C.F.R. § 233.20(a)(3)(vii)(x).

History

Source: SL 1975, ch 16, § 1; 2 SDR 88, effective July 1, 1976; 4 SDR 27, effective November 6, 1977; 7 SDR 66, 7 SDR 89, effective July 1, 1981; 9 SDR 42, effective October 10, 1982; 11 SDR 54, effective October 1, 1984; 52 SDR 55, effective December 2, 2025.
General Authority: SDCL 28-6-1.
Law Implemented: SDCL 28-6-1.

ARSD 67:12:05:58 Repealed

67:12:05:58. Social security increases.Repealed.

History

Source: SL 1975, ch 16, § 1; repealed, 7 SDR 23, effective September 18, 1980.

ARSD 67:12:05:59 Treatment of lump sum income

Nonrecurring earned or unearned lump sum income not otherwise excluded must 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). If the total exceeds the need standard for the family, each member of the assistance unit is ineligible for aid to families with dependent children 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 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 old-age, survivors, and disability insurance and child support; and windfalls. 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, or any portion of the lump sum designated for a specific purpose must 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.

Cross-Reference: Need and amount of assistance -- Income and resources, 45 C.F.R. § 233.20(a)(3)(ii)(F).

History

Source: SL 1975, ch 16, § 1; 5 SDR 48, effective December 19, 1978; 7 SDR 23, effective September 18, 1980; 7 SDR 66, 7 SDR 89, effective July 1, 1981; 8 SDR 88, effective January 13, 1982; 9 SDR 24, effective September 2, 1982; 10 SDR 11, effective August 15, 1983; 12 SDR 4, effective July 21, 1985; 13 SDR 110, effective February 15, 1987; 15 SDR 67, effective November 6, 1988; 16 SDR 161, effective March 20, 1990; 17 SDR 200, effective July 1, 1991; 52 SDR 55, effective December 2, 2025.
General Authority: SDCL 28-6-1.
Law Implemented: SDCL 28-6-1.

ARSD 67:12:05:60 County welfare funds or Bureau of Indian Affairs general assistance grants

County welfare funds or Bureau of Indian Affairs (BIA) general assistance grants payable to applicants for or recipients of aid to families with dependent children (AFDC) must be considered 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 are not considered in determining eligibility for or the amount of the AFDC grant.

History

Source: SL 1975, ch 16, § 1; 3 SDR 52, effective January 27, 1977; 7 SDR 66, 7 SDR 89, effective July 1, 1981; 12 SDR 112, effective January 16, 1986; 13 SDR 193, effective June 22, 1987; 52 SDR 55, effective December 2, 2025.
General Authority: SDCL 28-6-1.
Law Implemented: SDCL 28-6-1.

ARSD 67:12:05:61 Benefits derived from private sources

All benefits derived from private sources, pensions, and annuities, must 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.

History

Source: SL 1975, ch 16, § 1; 1 SDR 30, effective October 13, 1974; 2 SDR 88, effective July 1, 1976; 7 SDR 66, 7 SDR 89, effective July 1, 1981; 52 SDR 55, effective December 2, 2025.
General Authority: SDCL 28-6-1.
Law Implemented: SDCL 28-6-1.

ARSD 67:12:05:61.01 Income received as gift

Nonrecurring income in the amount of thirty dollars or less that is received in the form of a gift is excluded up to a maximum of thirty dollars 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 must be divided if the recipient claims that the gift is intended for the entire assistance unit. A gift for the entire assistance unit must be divided in the way that is most financially advantageous to the assistance unit.

For purposes of this section, "gift" means anything that is bestowed voluntarily and without compensation. Birthday, Christmas, and graduation gifts are considered nonrecurring.

Cross-Reference: Small nonrecurring gifts, 45 C.F.R. § 233.20(a)(3)(iv)(F).

History

Source: 13 SDR 193, effective June 22, 1987; 14 SDR 40, effective September 24, 1987; 52 SDR 55, effective December 2, 2025.
General Authority: SDCL 28-6-1.
Law Implemented: SDCL 28-6-1.

ARSD 67:12:05:62 Income received by volunteers in the retired senior volunteer program, foster grandparent program, and older Americans community service program

Compensation provided to individual volunteers under the retired senior volunteer program, foster grandparent, or older Americans community service programs established under Title VI of the Older Americans Act of 1965, 42 U.S.C. § 3001, (September 30, 1992), is excluded when determining initial and continuing eligibility for the aid to families with dependent children program.

History

Source: SL 1975, ch 16, § 1; 7 SDR 66, 7 SDR 89, effective July 1, 1981; 21 SDR 172, effective April 3, 1995; 52 SDR 55, effective December 2, 2025.
General Authority: SDCL 28-6-1.
Law Implemented: SDCL 28-6-1.

ARSD 67:12:05:63 Repealed

67:12:05:63. Special training, medical care, and tuition costs as income.Repealed.

History

Source: SL 1975, ch 16, § 1; repealed, 2 SDR 88, effective July 1, 1976.

ARSD 67:12:05:64 Judgment funds paid to Blackfeet Tribe and Gros Ventre Tribe of Montana

Per capita judgment funds paid under the Act of March 18, 1972, Pub. L. No. 92-254, 82 Stat. 671 (1972). to members of the Blackfeet Tribe of the Blackfeet Indian Reservation, Montana, and the Gros Ventre Tribe of the Fort Belknap Reservation, Montana, are excluded as income or resources when determining eligibility and the amount of the aid to families with depdendent children assistance grant. Payments received by the member as a result of the investment of the per capita judgment funds are considered income.

History

Source: SL 1975, ch 16, § 1; 7 SDR 66, 7 SDR 89, effective July 1, 1981; 8 SDR 82, effective January 13, 1982; 52 SDR 55, effective December 2, 2025.
General Authority: SDCL 28-6-1.
Law Implemented: SDCL 28-6-1.

ARSD 67:12:05:65 Indian judgment funds pursuant to Pub. L. No. 93-134

The per capita payments of Indian judgment funds made pursuant to the provisions of the Indian Tribal Judgment Funds Use or Distribution Act, Pub. L. No. 93-134, 87 Stat. 466 (1973), are excluded as income or resources when determining eligibility for, and the amount of, the aid to families with dependent children assistance payment. Payments received by the member as a result of the investment of the per capita judgment funds are considered income.

History

Source: SL 1975, ch 16, § 1; 7 SDR 66, 7 SDR 89, effective July 1, 1981; 8 SDR 82, effective January 13, 1982; 52 SDR 55, effective December 2, 2025.
General Authority: SDCL 28-6-1.
Law Implemented: SDCL 28-6-1.

ARSD 67:12:05:66 Exclusion of payments received pursuant to Alaska Native Claims Settlement Act

Payments under the Alaska Native Claims Settlement Act, 43 U.S.C. § 1601 (August 13, 2018), which are exempt from taxation under 43 U.S.C. § 1620 (October 14, 1992), are excluded as income when determining eligibility for, or the amount of, the aid to families with dependent children assistance payment. Income that is not exempted from taxation under the Alaska Native Claims Settlement Act must be considered to the same extent as any other income. Payments received by the member as a result of the investment of funds under this Act are considered income.

History

Source: 1 SDR 53, effective January 22, 1975; 7 SDR 66, 7 SDR 89, effective July 1, 1981; 8 SDR 82, effective January 13, 1982; 52 SDR 55, effective December 2, 2025.
General Authority: SDCL 28-6-1.
Law Implemented: SDCL 28-6-1.

ARSD 67:12:05:67 Repealed

67:12:05:67. Cheyenne Sioux benefits paid to 18-year-old enrolled members treated as income.Repealed.

History

Source: 1 SDR 53, effective January 22, 1975; 7 SDR 66, 7 SDR 89, effective July 1, 1981; 8 SDR 82, effective January 13, 1982; repealed, 20 SDR 92, effective December 21, 1993.

ARSD 67:12:05:68 Repealed

67:12:05:68. Housing and urban development payments to tornado victims disregarded under certain conditions.Repealed.

History

Source: 1 SDR 53, effective January 22, 1975; 7 SDR 66, 7 SDR 89, effective July 1, 1981; repealed, 8 SDR 82, effective January 13, 1982.

ARSD 67:12:05:69 Repealed

67:12:05:69. Incentive allowances and employment earnings received through CETA.Repealed.

History

Source: 1 SDR 30, effective October 13, 1974; 1 SDR 53, effective January 22, 1975; 7 SDR 66, 7 SDR 89, effective July 1, 1981; 8 SDR 82, effective January 13, 1982; repealed, 10 SDR 144, effective July 1, 1984.

ARSD 67:12:05:70 Repealed

67:12:05:70. Definition of an encumbrance.Repealed.

History

Source: 1 SDR 53, effective January 22, 1975; repealed, 7 SDR 66, 7 SDR 89, effective July 1, 1981.

ARSD 67:12:05:71 Exclusion of payments received as volunteer under Title I (VISTA)

Payments received as a volunteer under Title I (VISTA) of the Domestic Volunteer Service Act of 1973, Pub. L. No. 93-113, 87 Stat.394 (1973), must be excluded in determining aid to families with dependent children (AFDC) eligibility and the amount of AFDC payment.

Cross-Reference: Disregard of certain income received by participants in the VISTA program, 45 C.F.R. § 233.20(a)(4)(ii)(h).

History

Source: 3 SDR 52, effective January 27, 1977; 7 SDR 66, 7 SDR 89, effective July 1, 1981; 8 SDR 82, effective January 13, 1982; 52 SDR 55, effective December 2, 2025.
General Authority: SDCL 28-6-1.
Law Implemented: SDCL 28-6-1.

ARSD 67:12:05:72 Exclusion of value of supplemental food assistance

The value of supplemental food assistance under the Child Nutrition Act of 1966, Pub. L. No. 89-642, 80 Stat. 885 (October 11, 1966), as amended through Pub. L. No. 117-362 (January 5, 2023), and the special food service program for children under the National School Lunch Act, 60 Stat. 230 (June 4, 1946), as amended through Pub. L. No. 118-42 (March 9, 2024), is excluded in determining aid to families with dependent children (AFDC) eligibility and the amount of AFDC payment.

Cross-References:

Disregard of income from supplemental food assistance, 45 C.F.R. § 233.20(a)(4)(ii)(i).

History

Source: 3 SDR 52, effective January 27, 1977; 7 SDR 66, 7 SDR 89, effective July 1, 1981; 8 SDR 82, effective January 13, 1982; 52 SDR 55, effective December 2, 2025.
General Authority: SDCL 28-6-1.
Law Implemented: SDCL 28-6-1.

ARSD 67:12:05:73 Payments received as volunteer under Titles II and III

Payments received as a volunteer in the Service Corps of Retired Executives, the Active Corps of Executives, or any other program under Title II or Title III of the Domestic Volunteer Service Act of 1973, Pub. L. No. 93-113 § 418 (1973), are excluded in determining aid to families with dependent children (AFDC) eligibility and the amount of AFDC payment.

Cross-Reference: Disregard of income from volunteering for SCORE and ACE, 45 C.F.R. § 233.20(a)(4)(ii)(g).

History

Source: 4 SDR 10, effective August 28, 1977; 7 SDR 66, 7 SDR 89, effective July 1, 1981; 8 SDR 82, effective January 13, 1982; 52 SDR 55, effective December 2, 2025.
General Authority: SDCL 28-6-1.
Law Implemented: SDCL 28-6-1.

ARSD 67:12:05:74 Exclusion of dependent child's income received from Job Training Partnership Act summer youth employment program

A dependent child's income received as a result of participating in the Job Training Partnership Act summer youth employment program is excluded when determining eligibility for and the amount of aid to families with dependent children benefits. This exclusion is limited to six months per calendar year.

Cross-References:

Disregard of income earned under JTPA -- Income and expenses under JOBS, 45 C.F.R. § 233.20(a)(3)(xvii)(B).

Disregard of income and resources applicable only to AFDC, 45 C.F.R. § 233.20(a)(11)(v).

History

Source: 8 SDR 82, effective January 13, 1982; 10 SDR 144, effective July 1, 1984; 11 SDR 85, effective December 30, 1984; 52 SDR 55, effective December 2, 2025.
General Authority: SDCL 28-6-1.
Law Implemented: SDCL 28-6-1.

ARSD 67:12:05:75 Exclusion of Agent Orange settlement payments

Payments received pursuant to an Agent Orange product liability settlement are excluded when determining aid to families with dependent children (AFDC) eligibility and the amount of the AFDC assistance payment.

Cross-References:

An act to exclude Agent Orange settlement payments from countable income and resources under Federal means-tested programs, 103 Stat. 1795 (December 6, 1989).

Agent Orange settlement payments excluded from countable income and resources under Federal means-tested programs, 103 Stat. 2489 (December 19, 1989).

History

Source: 17 SDR 8, effective July 23, 1990; 52 SDR 55, effective December 2, 2025.
General Authority: SDCL 28-6-1.
Law Implemented: SDCL 28-6-1.

ARSD 67:12:05:76 Exclusion of vehicle owned by dependent child

The trade-in value of a vehicle owned by a dependent child is excluded from the resource limit contained in § 67:12:05:05 if:

(1) The household is assigned to the 1115 waiver group under the provisions of § 67:12:01:73;

(2) The trade-in value does not exceed two thousand five hundred dollars;

(3) The child who owns the vehicle is at least fourteen years old;

(4) The child is at least a part-time student;

(5) The child is employed at least part-time or has been employed at least part-time in the preceding twelve months;

(6) The vehicle is owned solely by the child or is owned jointly by the child and the child's caretaker or another adult relative; and

(7) A portion of the payment for the car comes from the child's earnings.

This exclusion is limited to one vehicle for each qualifying dependent child.

History

Source: 20 SDR 196, effective May 23, 1994; 52 SDR 55, effective December 2, 2025.
General Authority: SDCL 28-6-1.
Law Implemented: SDCL 28-6-1.

ARSD 67:12:05:77 Exclusion of savings account owned by dependent child

One or more savings accounts with a cumulative balance of one thousand dollars or less is excluded as a liquid asset if:

(1) The assistance unit is assigned to the 1115 waiver group under the provisions of § 67:12:01:73;

(2) The excluded account is owned solely by the dependent child or the child owns the savings account jointly with the caretaker or another adult relative;

(3) The child is at least a part-time student;

(4) The child is employed at least part-time or has been employed at least part-time in the preceding twelve months; and

(5) A portion of the account is derived from the child's earnings.

History

Source: 20 SDR 196, effective May 23, 1994; 52 SDR 55, effective December 2, 2025.
General Authority: SDCL 28-6-1.
Law Implemented: SDCL 28-6-1.

ARSD 67:12:05:78 Interest from child's savings account excluded

The department excludes interest as a liquid asset earned on a child's savings account if the requirements of § 67:12:05:77 are met.

History

Source: 20 SDR 196, effective May 23, 1994; 52 SDR 55, effective December 2, 2025.
General Authority: SDCL 28-6-1.
Law Implemented: SDCL 28-6-1.

ARSD 67:12:05:79 Exclusion of dependent child's earnings

When determining eligibility and the amount of the assistance payment, the department excludes a dependent child's earned income if the dependent child is at least a part-time student and a member of an assistance unit assigned to the 1115 waiver group under the provisions of § 67:12:01:73.

History

Source: 20 SDR 196, effective May 23, 1994; 52 SDR 55, effective December 2, 2025.
General Authority: SDCL 28-6-1.
Law Implemented: SDCL 28-6-1.

ARSD 67:12:06:00 Definitions

Words used in this chapter mean:

(1) "Dependent living arrangement," a situation where the assistance unit resides in a household owned or rented by an individual who is neither a member of the assistance unit nor a caretaker relative who is receiving supplemental security income or where a member of the assistance unit has a landlord-tenant agreement but is not expected to contribute monetarily toward rent;

(2) "Homeowner's expenses," costs associated with residing in a home owned by the assistance unit or a caretaker relative who is receiving supplemental security income, including the mortgage payment, heat, electricity, water, real estate taxes, insurance, trailer parking fees, and general maintenance;

(3) "Independent living arrangement," a situation where a member of the assistance unit or a caretaker relative who is receiving supplemental security income has a landlord-tenant agreement and contributes or expects to contribute monetarily toward rent, or where a member of the assistance unit or a caretaker relative who is receiving supplemental security income has homeowner's expenses;

(4) "In-kind," the lodging expenses provided on behalf of the assistance unit at no cost to the assistance unit;

(5) "Landlord-tenant agreement," an agreement between a landlord and a tenant who do not reside in the same household in which the landlord gives the tenant temporary possession and use of real property for a specified sum of money and the tenant agrees to return the property to the landlord at a future time;

(6) "Lodging expenses," costs associated with residing in a home not owned by the assistance unit or a caretaker relative who is receiving supplemental security income;

(7) "Need standard," the amount recognized by the department as meeting an assistance unit's basic living needs and, if applicable, dependent care costs pursuant to § 67:12:15:02;

(8) "Payment month for retrospective budgeting," the calendar month for which the aid to families with dependent children payment is made. The payment month for retrospective budgeting immediately follows the retrospective budget month;

(9) "Rental subsidy," the difference between the amount the tenant pays for rent and the amount the U.S. Department of Housing and Urban Development or the Farmers Home Administration determines to be the rent or operating costs for a particular rental unit; and

(10) "Retrospective budget month," the fifteenth day of a month to the fourteenth day of the following month.

Cross-Reference:

Budget methods for OAA, AB, APTD, and AABD -- Definitions, 45 C.F.R. § 233.21(b).

History

Source: 12 SDR 204, effective July 1, 1986; 15 SDR 67, effective November 6, 1988; 52 SDR 55, effective December 2, 2025.
General Authority: SDCL 28-6-1.
Law Implemented: SDCL 28-6-1.

ARSD 67:12:06:01 Recovery of overpayments

The department shall recover overpayments as soon as possible through restitution by the individual or through recoupment by reducing the amount of the aid to families with dependent children (AFDC) grant. The reduced grant combined with other income and liquid resources may not be less than ninety percent of the need standard for the assistance unit.

An overpayment results when a recipient receives a larger AFDC allotment than the recipient is entitled to receive. For recovery purposes, overpayments may result when:

(1) The recipient fails to report a change in the household's circumstances;

(2) The recipient reports a change in the household's circumstances but the change is reported incorrectly;

(3) The department fails to react to a reported change in circumstances; or

(4) There is a change in the household's circumstances after the AFDC payment is made.

Cross-Reference: Recovery of overpayments and correction of underpayments for AFDC, 45 C.F.R. § 233.20(a)(13).

History

Source: SL 1975, ch 16, § 1; 1 SDR 30, effective October 13, 1974; 2 SDR 88, effective July 1, 1976; 4 SDR 10, effective August 28, 1977; 5 SDR 48, effective December 19, 1978; 5 SDR 102, effective June 6, 1979; 7 SDR 30, effective October 5, 1980; 7 SDR 66, 7 SDR 89, effective July 1, 1981; 8 SDR 95, effective February 18, 1982; 12 SDR 204, effective July 1, 1986; 15 SDR 67, effective November 6, 1988; 52 SDR 55, effective December 2, 2025.
General Authority: SDCL 28-6-1.
Law Implemented: SDCL 28-6-1.

ARSD 67:12:06:01.01 Repealed

67:12:06:01.01. Recoupment of overpayments due to an agency error.Repealed.

History

Source: 1 SDR 30, effective October 13, 1974; repealed, 5 SDR 48, effective December 19, 1978.

ARSD 67:12:06:01.02 Repealed

67:12:06:01.02. Willful misstatement, withholding of information, or failure to report changes within 10 days will result in recoupment of overpayment.Repealed.

History

Source: 1 SDR 30, effective October 13, 1974; 3 SDR 52, effective January 27, 1977; 4 SDR 10, effective August 28, 1977; 5 SDR 48, effective December 19, 1978; 7 SDR 66, 7 SDR 89, effective July 1, 1981; 8 SDR 58, effective November 29, 1981; repealed, 8 SDR 95, effective February 18, 1982.

ARSD 67:12:06:01.03 Repealed

67:12:06:01.03. Notice of overpayment.Repealed.

History

Source: 1 SDR 30, effective October 13, 1974; 4 SDR 10, effective August 28, 1977; 4 SDR 60, effective March 26, 1978; 7 SDR 66, 7 SDR 89, effective July 1, 1981; repealed, 8 SDR 95, effective February 18, 1982.

ARSD 67:12:06:01.04 Repealed

67:12:06:01.04. Collection of overpayments.Repealed.

History

Source: 1 SDR 30, effective October 13, 1974; 7 SDR 66, 7 SDR 89, effective July 1, 1981; repealed, 8 SDR 95, effective February 18, 1982.

ARSD 67:12:06:01.05 Repealed

67:12:06:01.05. Recoupment of closed cases.Repealed.

History

Source: 1 SDR 66, effective April 6, 1975; 7 SDR 66, 7 SDR 89, effective July 1, 1981; repealed, 8 SDR 95, effective February 18, 1982.

ARSD 67:12:06:01.06 Recovery of overpayment to alien

If an overpayment to an alien is made by the department because the sponsor withheld information concerning the sponsor's income and resources, the department must recover the overpayment according to § 67:12:06:01. The sponsor and the alien are jointly and severally liable for the repayment.

Cross-References:

Overpayment to aliens, 45 C.F.R. § 233.52.

Deeming of sponsor's income and resources to alien when sponsor is an individual -- Cooperation of sponsor is condition of eligibility, § 67:12:01:14.01.

Aliens exempt from sponsor deeming, § 67:12:01:14.02.

History

Source: 8 SDR 95, effective February 18, 1982; 52 SDR 55, effective December 2, 2025.
General Authority: SDCL 28-6-1.
Law Implemented: SDCL 28-6-1.

ARSD 67:12:06:02 Correction of underpayments

The department shall correct any underpayment as soon as possible. The amount of a retroactive payment made to a recipient may not be considered as income or a resource when determining eligibility and the amount of the aid to families with dependent children assistance in the month paid or in the following month. The retroactive payment or any balance remaining is considered in the determination of the continuing eligibility for aid to families with dependent children assistance of the recipient in the succeeding months.

Cross-Reference: Recovery of overpayments and correction of underpayments for AFDC, 45 C.F.R. § 233.20(a)(13).

History

Source: SL 1975, ch 16, § 1; 1 SDR 30, effective October 13, 1974; 4 SDR 10, effective August 28, 1977; 7 SDR 30, effective October 5, 1980; 7 SDR 66, 7 SDR 89, effective July 1, 1981; 8 SDR 95, effective February 18, 1982; 52 SDR 55, effective December 2, 2025.
General Authority: SDCL 28-6-1.
Law Implemented: SDCL 28-6-1.

ARSD 67:12:06:03 Financial eligibility -- Gross income limit

There is no financial eligibility if the assistance unit's nonexcluded income, without application of the disregards set forth in §§ 67:12:05:14, 67:12:05:18, 67:12:05:21, and subdivisions 67:12:05:38(2) and (3), exceeds one hundred eighty-five percent of the need standard for the assistance unit.

Cross-References:

Need and amount of assistance -- Income and resources, 45 C.F.R. § 233.20(a)(3)(xiii).

Need standard, § 67:12:06:04.01.

History

Source: SL 1975, ch 16, § 1; 1 SDR 30, effective October 13, 1974; 7 SDR 66, 7 SDR 89, effective July 1, 1981; 7 SDR 66, 7 SDR 89, effective July 1, 1981; 8 SDR 82, effective January 13, 1982; 8 SDR 174, effective June 28, 1982; 10 SDR 11, effective August 15, 1983; 12 SDR 4, effective July 21, 1985; 12 SDR 204, effective July 1, 1986; 15 SDR 67, effective November 6, 1988; 52 SDR 55, effective December 2, 2025.
General Authority: SDCL 28-6-1.
Law Implemented: SDCL 28-6-1.

ARSD 67:12:06:04 Repealed

67:12:06:04. Personal and shelter requirements expressed in units.Repealed.

History

Source: SL 1975, ch 16, § 1; repealed July 22, 1975.

ARSD 67:12:06:04.01 Need standard amount

67:12:06:04.01. Need standard amount. Based on the number of members in the assistance unit and the unit's living arrangement, the need standard amounts are:

UNIT SIZE	INDEPENDENT LIVING	DEPENDENT LIVING

1 person	$ 358	$ 204
2 persons	448	295
3 persons	507	354
4 persons	563	412
5 persons	622	470
6 persons	680	528
7 persons	738	587
8 persons	795	643
9 persons	852	701
10 persons	910	758
11 persons	968	816
12 persons	1,026	872
13 persons	1,083	931
14 persons	1,140	988
15 persons	1,198	1,047
16 persons	1,256	1,103
17 persons	1,312	1,160
18 persons	1,370	1,218
19 persons	1,428	1,275
20 persons	1,486	1,332
21 persons	1,543	1,390
22 persons	1,599	1,448
23 persons	1,658	1,505
24 persons	1,715	1,562
25 persons	1,772	1,620

Source: 1 SDR 30, effective October 13, 1974; 5 SDR 6, effective August 6, 1978; 7 SDR 66, 7 SDR 89, effective July 1, 1981; 10 SDR 144, effective July 1, 1984; 12 SDR 204, effective July 1, 1986; 15 SDR 67, effective November 6, 1988; 15 SDR 203, effective July 2, 1989; 16 SDR 99, effective December 7, 1989; 17 SDR 8, effective July 23, 1990; 17 SDR 200, effective July 1, 1991; 19 SDR 26, effective August 23, 1992; 20 SDR 18, effective August 17, 1993; 21 SDR 172, effective April 3, 1995; 52 SDR 55, effective December 2, 2025.

General Authority: SDCL 28-6-1.

Law Implemented: SDCL 28-6-1.

ARSD 67:12:06:05 Repealed

67:12:06:05. Consolidated standard allowed when living independently.Repealed.

History

Source: SL 1975, ch 16, § 1; 1 SDR 30, effective October 13, 1974; 7 SDR 66, 7 SDR 89, effective July 1, 1981; repealed, 12 SDR 204, effective July 1, 1986.

ARSD 67:12:06:06 Repealed

67:12:06:06. Consolidated standard allowed for board and room.Repealed.

History

Source: SL 1975, ch 16, § 1; 1 SDR 30, effective October 13, 1974; 4 SDR 10, effective August 28, 1977; 7 SDR 66, 7 SDR 89, effective July 1, 1981; repealed, 12 SDR 204, effective July 1, 1986.

ARSD 67:12:06:07 Need standard amount when child regularly attending school

67:12:06:07. Need standard when child regularly attending school. An otherwise eligible child who regularly attends a college, vocational school, or boarding school, as described in § 67:12:01:21, is included as a household member when determining the need standard to be used. No additional allowance for these educational arrangements is authorized.

History

Source: SL 1975, ch 16, § 1; 1 SDR 53, effective January 22, 1975; 7 SDR 23, effective September 18, 1980; 7 SDR 66, 7 SDR 89, effective July 1, 1981; 12 SDR 204, effective July 1, 1986; 52 SDR 55, effective December 2, 2025.
General Authority: SDCL 28-6-1.
Law Implemented: SDCL 28-6-1.

ARSD 67:12:06:08 Repealed

67:12:06:08. Shelter expenses to be assigned to head of household.Repealed.

History

Source: SL 1975, ch 16, § 1; 1 SDR 30, effective October 13, 1974; 7 SDR 66, 7 SDR 89, effective July 1, 1981; repealed, 12 SDR 204, effective July 1, 1986.

ARSD 67:12:06:09 Transferred

67:12:06:09. Transferred to §§ 67:12:06:12.02 and 67:12:06:12.03.

ARSD 67:12:06:10 Repealed

67:12:06:10. Units allowed for household operations.Repealed.

History

Source: SL 1975, ch 16, § 1; 1 SDR 53, effective January 22, 1975; repealed July 22, 1975.

ARSD 67:12:06:11 Repealed

67:12:06:11. Dollar amounts allowed for utilities.Repealed.

History

Source: SL 1975, ch 16, § 1; 1 SDR 53, effective January 22, 1975; 5 SDR 48, effective December 19, 1978; repealed, 6 SDR 11, effective August 15, 1979.

ARSD 67:12:06:12 In-kind shelter considered unearned income -- Dependent living arrangement

In determining the aid to families with dependent children grant, a standard amount of one hundred twelve dollars is considered unearned income to an assistance unit in a dependent living arrangement if all of the assistance unit's lodging expenses are supplied in-kind.

Cross-Reference: Lodging expenses presumed in-kind, § 67:12:06:14.

History

Source: SL 1975, ch 16, § 1; 1 SDR 53, effective January 22, 1975; 6 SDR 11, effective August 15, 1979; 7 SDR 66, 7 SDR 89, effective July 1, 1981; 12 SDR 204, effective July 1, 1986; 19 SDR 26, effective August 23, 1992; 20 SDR 18, effective August 17, 1993; 21 SDR 172, effective April 3, 1995; 52 SDR 55, effective December 2, 2025.
General Authority: SDCL 28-6-1.
Law Implemented: SDCL 28-6-1.

ARSD 67:12:06:12.01 Repealed

67:12:06:12.01. Shelter allowances when two or more recipient payees occupy and share expenses for the same premises.Repealed.

History

Source: 6 SDR 11, effective August 15, 1979; 7 SDR 66, 7 SDR 89, effective July 1, 1981; 12 SDR 112, effective January 16, 1986; repealed, 12 SDR 204, effective July 1, 1986.

ARSD 67:12:06:12.02 Repealed

67:12:06:12.02. Shelter allowance for applicants or recipients who reside in household of self-supporting or nonrecipient individual.Repealed.

History

Source: SL 1975, ch 16, § 1; 1 SDR 66, effective April 3, 1975; 2 SDR 88, effective July 1, 1976; 7 SDR 66, 7 SDR 89, effective July 1, 1981; transferred from § 67:12:06:09, 12 SDR 112, effective January 16, 1986; repealed, 12 SDR 204, effective July 1, 1986.

ARSD 67:12:06:12.03 Need standard when nonrecipient individual resides in household of applicant or recipient

If a nonrecipient individual resides in the household of an applicant or recipient, the need standard for the assistance unit is determined without additional allowances for the nonrecipient individual.

History

Source: Transferred from § 67:12:06:09, 12 SDR 112, effective January 16, 1986; 12 SDR 204, effective July 1, 1986; 52 SDR 55, effective December 2, 2025.
General Authority: SDCL 28-6-1.
Law Implemented: SDCL 28-6-1.

ARSD 67:12:06:13 Rental subsidy considered unearned income -- Independent living arrangements

In computing the aid to families with dependent children grant, an amount up to one hundred fifty dollars but not exceeding the assistance unit's average monthly rental subsidy, is considered unearned income when the assistance unit lives in an independent living arrangement and has a rental subsidy.

History

Source: SL 1975, ch 16, § 1; 1 SDR 30, effective October 13, 1974; 7 SDR 23, effective September 18, 1980; 7 SDR 66, 7 SDR 89, effective July 1, 1981; 12 SDR 204, effective July 1, 1986; 19 SDR 26, effective August 23, 1992; 20 SDR 18, effective August 17, 1993; 21 SDR 171, effective April 3, 1995; 52 SDR 55, effective December 2, 2025.
General Authority: SDCL 28-6-1.
Law Implemented: SDCL 28-6-1.

ARSD 67:12:06:14 Lodging expenses presumed in-kind

In computing the aid to families with depdendent children grant, the lodging expenses of an assistance unit in a dependent living arrangement is presumed to be furnished in-kind unless the assistance unit can provide documentation to show that it participates in meeting those costs.

Based on the documentation submitted, if the department determines that the assistance unit is participating in meeting the lodging expenses, the assistance unit is not to be subject to the unearned income standard in § 67:12:06:12.

History

Source: SL 1975, ch 16, § 1; 1 SDR 30, effective October 13, 1974; 7 SDR 66, 7 SDR 89, effective July 1, 1981; 12 SDR 204, effective July 1, 1986; 19 SDR 26, effective August 23, 1992; 20 SDR 18, effective August 17, 1993; 21 SDR 172, effective April 3, 1995; 52 SDR 55, effective December 2, 2025.
General Authority: SDCL 28-6-1.
Law Implemented: SDCL 28-6-1.

ARSD 67:12:06:15 Repealed

67:12:06:15. Two or more assistance payments payees in same household.Repealed.

History

Source: SL 1975, ch 16, § 1; 1 SDR 53, effective January 22, 1975; repealed July 22, 1975.

ARSD 67:12:06:16 Repealed

67:12:06:16. Residence ownership expenses.Repealed.

History

Source: SL 1975, ch 16, § 1; 1 SDR 53, effective January 22, 1975; 6 SDR 11, effective August 15, 1979; 7 SDR 66, 7 SDR 89, effective July 1, 1981; 10 SDR 48, effective November 21, 1983; repealed, 12 SDR 204, effective July 1, 1986.

ARSD 67:12:06:16.01 Repealed

67:12:06:16.01. Utilities allowance when applicant or recipient owns the premises in which he resides.Repealed.

History

Source: 6 SDR 11, effective August 15, 1979; 7 SDR 66, 7 SDR 89, effective July 1, 1981; repealed, 12 SDR 204, effective July 1, 1986.

ARSD 67:12:06:17 Repealed

67:12:06:17. Board and room situation.Repealed.

History

Source: SL 1975, ch 16, § 1; 1 SDR 66, effective April 3, 1975: repealed July 22, 1975.

ARSD 67:12:06:18 Repealed

67:12:06:18. Special dollar allowance for additional income tax.Repealed.

History

Source: SL 1975, ch 16, § 1; repealed July 22, 1975.

ARSD 67:12:06:18.01 Repealed

67:12:06:18.01. Contributions toward shelter in excess of the department's maximum not treated as income under certain conditions.Repealed.

History

Source: 1 SDR 53, effective January 22, 1975; 7 SDR 66, 7 SDR 89, effective July 1, 1981; repealed, 12 SDR 204, effective July 1, 1976.

ARSD 67:12:06:19 Repealed

67:12:06:19. Special dollar allowances for household furnishings and appliances.Repealed.

History

Source: SL 1975, ch 16, § 1; 1 SDR 30, effective October 13, 1974; 1 SDR 53, effective January 22, 1975; repealed July 22, 1975.

ARSD 67:12:06:19.01 Repealed

67:12:06:19.01. Shelter commitments not being paid.Repealed.

History

Source: 4 SDR 60, effective March 26, 1978; 7 SDR 66, 7 SDR 89, effective July 1, 1981; repealed, 12 SDR 204, effective July 1, 1986.

ARSD 67:12:06:20 Repealed

67:12:06:20. Special dollar allowances for major household repairs and replacements with cost exceeding $50.Repealed.

History

Source: SL 1975, ch 16, § 1; repealed July 22, 1975.

ARSD 67:12:06:21 Repealed

67:12:06:21. Major household repairs and replacements considered necessary.Repealed.

History

Source: SL 1975, ch 16, § 1; repealed July 22, 1975.

ARSD 67:12:06:22 Repealed

67:12:06:22. Hired help.Repealed.

History

Source: SL 1975, ch 16, § 1; repealed July 22, 1975.

ARSD 67:12:06:23 Repealed

67:12:06:23. Social security withholding tax for hired help.Repealed.

History

Source: SL 1975, ch 16, § 1; repealed July 22, 1975.

ARSD 67:12:06:24 Repealed

67:12:06:24. Child care allowances.Repealed.

History

Source: SL 1975, ch 16, § 1; repealed July 22, 1975.

ARSD 67:12:06:25 Repealed

67:12:06:25. Outside expenses upon admission to care facility.Repealed.

History

Source: SL 1975, ch 16, § 1; repealed July 27, 1977.

ARSD 67:12:06:26 Amount of assistance grant -- Limitation

The amount of assistance paid to an assistance unit is computed by:

(1) Adding the earned and unearned income and other benefits available to or received by the assistance unit, except unemployment compensation and disregarded and excluded income;

(2) Subtracting the sum from the need standard specified in § 67:12:06:04.01;

(3) Multiplying the remainder by eighty-five percent;

(4) Rounding the resulting figure down to the nearest dollar; and

(5) Subtracting unemployment compensation.

No payment may be made to a recipient in any month in which the amount of the assistance payment, not considering recoupment amounts, is less than ten dollars. A recipient denied solely because of this limitation is considered an aid to families with dependent children recipient for all other purposes.

Cross-References:

Determining financial eligibility and amount of the assistance payment, 45 C.F.R. § 233.20(a)(3)(ii)(B).

Assistance applications and eligibility, chapter 67:12:01.

Limitations on real property, chapter 67:12:04.

Limitations on personal property, chapter 67:12:05.

Budgeting, chapter 67:12:06.

History

Source: SL 1975, ch 16, § 1; 7 SDR 90, effective April 1, 1981; 7 SDR 66, 7 SDR 89, effective July 1, 1981; 8 SDR 82, effective January 13, 1982; 19 SDR 26, effective August 23, 1993; 52 SDR 55, effective December 2, 2025.
General Authority: SDCL 28-6-1.
Law Implemented: SDCL 28-6-1.

ARSD 67:12:06:26.01 Repealed

67:12:06:26.01. Amount of assistance paid.Repealed.

History

Source: 7 SDR 90, effective April 1, 1981; 7 SDR 120, effective July 1, 1981; repealed, 19 SDR 26, effective August 23, 1992.

ARSD 67:12:06:27 Unrestricted payments

The department shall make payments without direction on the warrant, without a letter or agreement as a condition of receiving the payment, or without any other notification that the recipient must use the money in a specified way or for specified purposes. The department may not:

(1) Direct that all or part of the assistance payments be applied to specific bills or for the purchase of specified foods or services;

(2) Require that the recipient submit receipts for the purpose of showing how the recipient spent all or any part of the assistance payments;

(3) Require the return of all or part of the aid to families with dependent children payments to the department or for use in a designated way determined by the department; or

(4) Provide service to a recipient's creditor or assist a creditor in the collection of the recipient's debt.

The department shall inform the client of the client's rights to an unrestricted payment.

History

Source: SL 1975, ch 16, § 1; 7 SDR 66, 7 SDR 89, effective July 1, 1981; 52 SDR 55, effective December 2, 2025.
General Authority: SDCL 28-6-1.
Law Implemented: SDCL 28-6-1.

ARSD 67:12:06:28 Repealed

67:12:06:28. Shelter commitments not being paid.Repealed.

History

Source: 1 SDR 53, effective January 22, 1975; repealed, 1 SDR 66, effective April 6, 1975.

ARSD 67:12:06:29 Repealed

67:12:06:29. Special dollar allowances for juniors and seniors.Repealed.

History

Source: 1 SDR 53, effective January 22, 1975; repealed, 1 SDR 66, effective April 6, 1975.

ARSD 67:12:06:30 Repealed

67:12:06:30. Personal units allowed when attending college or a vocational school.Repealed.

History

Source: 1 SDR 53, effective January 22, 1975; repealed, 1 SDR 66, effective April 6, 1975.

ARSD 67:12:06:31 Repealed

67:12:06:31. Contributions toward shelter in excess of the division's maximum not treated as income under certain conditions.Repealed.

History

Source: 1 SDR 53, effective January 22, 1975; repealed, 1 SDR 66, effective April 6, 1975.

ARSD 67:12:06:32 Notification by recipient to initiate procedure for writing duplicate warrant

To initiate the procedure for writing a duplicate warrant if a warrant is lost, stolen, or forged, the recipient must notify the department of the need for a duplicate warrant within ten days from the department's established mailing dates and the normal time required for postal delivery to the recipient's locality.

History

Source: 2 SDR 62, effective April 5, 1976; 7 SDR 66, 7 SDR 89, effective July 1, 1981; 52 SDR 55, effective December 2, 2025.
General Authority: SDCL 28-6-1.
Law Implemented: SDCL 28-6-1.

ARSD 67:12:06:33 Definitions, Repealed

67:12:06:33. Definitions. Repealed.

History

Source: 7 SDR 30, effective October 5, 1980; 7 SDR 66, 7 SDR 89, effective July 1, 1981; 8 SDR 125, effective April 4, 1982; 52 SDR 55, effective December 2, 2025.

ARSD 67:12:06:34 Completed monthly report form required

The department shall furnish each assistance unit with a monthly report form. A member of the assistance unit must fill out, sign, and return the monthly report form to the department. A form returned by mail must be postmarked by the twentieth of the month before the month of payment. The monthly report form must contain the information necessary to allow the caseworker to determine eligibility and compute the amount of assistance payment.

Cross-References:

Monthly reporting (AFDC), 45 C.F.R. § 233.36.

Recipient to report change of circumstances, § 67:12:01:12.

Adequate notice to recipients using monthly report form, § 67:12:02:03.01.

History

Source: 7 SDR 30, effective October 5, 1980; 7 SDR 66, 7 SDR 89, effective July 1, 1981; 8 SDR 125, effective April 4, 1982; 52 SDR 55, effective December 2, 2025.
General Authority: SDCL 28-6-1.
Law Implemented: SDCL 28-6-1.

ARSD 67:12:06:34.01 Assistance units exempt from monthly reporting

An assistance unit is exempt from the monthly reporting requirements contained in § 67:12:06:34 if:

(1) The caretaker relative is not a member of the assistance unit and is not currently sanctioned for not cooperating with the department; and

(2) The members of the assistance unit have no earned income and have not received any earned income in the past two months.

Cross-References:

Recipient to report change of circumstances, § 67:12:01:12.

Cooperation of applicant or recipient, § 67:12:01:70.

History

Source: 15 SDR 203, effective July 2, 1989; 52 SDR 55, effective December 2, 2025.
General Authority: SDCL 28-6-1.
Law Implemented: SDCL 28-6-1.

ARSD 67:12:06:35 Repealed

67:12:06:35. Recipients required to submit report form.Repealed.

History

Source: 7 SDR 30, effective October 5, 1980; 7 SDR 66, 7 SDR 89, effective July 1, 1981; repealed, 8 SDR 125, effective April 4, 1982.

ARSD 67:12:06:36 Repealed

67:12:06:36. Assistance payment made within 25 days from close of retrospective budget month.Repealed.

History

Source: 7 SDR 30, effective October 5, 1980; 7 SDR 66, 7 SDR 89, effective July 1, 1981; repealed, 8 SDR 125, effective April 4, 1982.

ARSD 67:12:06:37 Assistance to be terminated if required report form not received on time

If the department does not receive the required report form from the recipient by the date specified in § 67:12:06:34, the department must terminate assistance and notify the recipient according to § 67:12:02:03.01. If the recipient notifies the department to reclaim a need for assistance and files a completed report within ten days after the notice, assistance must be reinstated subject to penalty, as specified in § 67:12:06:37.01, provided the recipient is still eligible.

Cross-References:

Action necessary due to non-receipt of report form, 45 C.F.R. § 233.29(c).

Completed monthly report not received by agency, 45 C.F.R. § 233.37(b).

Adequate notice to recipients using monthly report form, § 67:12:02:03.01.

History

Source: 7 SDR 30, effective October 5, 1980; 7 SDR 66, 7 SDR 89, effective July 1, 1981; 8 SDR 125, effective April 4, 1982; 52 SDR 55, effective December 2, 2025.
General Authority: SDCL 28-6-1.
Law Implemented: SDCL 28-6-1.

ARSD 67:12:06:37.01 Penalty for late filing of monthly report

If the caretaker relative fails, without good cause, to report earned income on the monthly report form by the date specified in § 67:12:06:34, the department must determine eligibility and compute the amount of assistance without considering the disregards in §§ 67:12:05:14, 67:12:05:18, and 67:12:05:21. If earned income is present, the disregard in § 67:12:05:14 is counted as one of the four consecutive months in the limitation specified in subdivision 67:12:05:34(4).

Cross-References:

Completed monthly report received but not timely, 45 C.F.R. § 233.20(a)(11)(iii)(C).

Good cause for late filing of monthly report, § 67:12:06:37.02.

History

Source: 8 SDR 125, effective April 4, 1982; 9 SDR 24, effective September 2, 1982; 10 SDR 68, effective January 1, 1984; 15 SDR 67, effective November 6, 1988; 52 SDR 55, effective December 2, 2025.
General Authority: SDCL 28-6-1.
Law Implemented: SDCL 28-6-1.

ARSD 67:12:06:37.02 Good cause for late filing of monthly report

The department shall consider an applicant's transition into a reporting cycle and circumstances that are beyond a recipient's control as good cause for late filing of the monthly report. If the recipient can verify good cause, the assistance may not be affected.

Cross-Reference: Good cause for failing to make a timely report, 45 C.F.R. § 233.20(a)(11)(iii)(C).

History

Source: 8 SDR 125, effective April 4, 1982; 52 SDR 55, effective December 2, 2025.
General Authority: SDCL 28-6-1.
Law Implemented: SDCL 28-6-1.

ARSD 67:12:06:38 Computing assistance payment and determining eligibility in initial month of assistance for applicant or former recipient

The department shall determine eligibility for aid to families with dependent children assistance for an applicant or a former recipient and compute the assistance payment prospectively in the initial month of assistance.

If a former recipient requests an assistance payment in the same month that the former recipient was determined to be ineligible and the case was subsequently terminated, the provisions of §§ 67:12:06:39 and 67:12:06:41 apply.

Cross-References:

Retrospective budgeting; determining eligibility and computing the assistance payment in the initial one or two months, 45 C.F.R. § 233.24(a).

Determination of initial month's benefits, § 67:12:06:38.01.

History

Source: 7 SDR 30, effective October 5, 1980; 7 SDR 66, 7 SDR 89, effective July 1, 1981; 9 SDR 114, effective March 6, 1983; 52 SDR 55, effective December 2, 2025.
General Authority: SDCL 28-6-1.
Law Implemented: SDCL 28-6-1.

ARSD 67:12:06:38.01 Determination of initial month's benefits

The first month's assistance payment is prorated based on the date of application. The payment level is computed by:

(1) Subtracting the date of application from thirty-one;

(2) Multiplying the result by the full month's benefit; and

(3) Dividing the total by thirty.

An assistance unit that applies on the thirty-first of the month is considered to have applied on the thirtieth of the month. For purposes of this section, a month is thirty days.

Cross-References:

Application, determination of eligibility and furnishing assistance, 45 C.F.R. § 206.10.

Date entitlement for financial assistance begins, § 67:12:01:11.

History

Source: 9 SDR 72, effective December 14, 1982; 52 SDR 55, effective December 2, 2025.
General Authority: SDCL 28-6-1.
Law Implemented: SDCL 28-6-1.

ARSD 67:12:06:39 Computing assistance payment after initial month of assistance

After the initial month of assistance, the department shall compute the amount of each subsequent payment retrospectively and shall base the amount on the income received in the corresponding budget month.

Noncontinuous income received before the month of application or previously considered under § 67:12:06:38 may not be counted again.

The needs and income of an individual determined eligible for families with dependent children assistance and added to an existing assistance unit must be considered prospectively. Computing the amount of assistance prospectively is based on the caseworker's best estimate of income and circumstances that will exist in that calendar month.

Cross-Reference: Computing the assistance payment under restrospective budgeting after the initial one or two months (AFDC), 45 C.F.R. § 233.35(a).

History

Source: 7 SDR 30, effective October 5, 1980; 7 SDR 66, 7 SDR 89, effective July 1, 1981; 8 SDR 125, effective April 4, 1982; 9 SDR 24, effective September 2, 1982; 9 SDR 114, effective March 6, 1983; 52 SDR 55, effective December 2, 2025.
General Authority: SDCL 28-6-1.
Law Implemented: SDCL 28-6-1.

ARSD 67:12:06:40 Repealed

67:12:06:40. Treatment of income during the first month of retrospective budgeting.Repealed.

History

Source: 7 SDR 30, effective October 5, 1980; 7 SDR 66, 7 SDR 89, effective July 1, 1981; repealed, 8 SDR 125, effective April 4, 1982.

ARSD 67:12:06:41 Determining eligibility after initial month of assistance

Continued eligibility is determined both retrospectively and prospectively. A regular and periodic extra paycheck is considered retrospectively but not prospectively.

Cross-References:

Restrospective budgeting; determining eligibility after the initial one or two months, 45 C.F.R. § 233.26.

Determining eligibility prospectively for all payment months (AFDC), 45 C.F.R. § 233.33.

History

Source: 7 SDR 30, effective October 5, 1980; 7 SDR 66, 7 SDR 89, effective July 1, 1981; 8 SDR 125, effective April 4, 1982; 9 SDR 42, effective October 10, 1982; 52 SDR 55, effective December 2, 2025.
General Authority: SDCL 28-6-1.
Law Implemented: SDCL 28-6-1.

ARSD 67:12:06:42 Penalty for terminating employment, reducing earned income, and refusing offer of employment

If an applicant or recipient terminates employment, reduces earned income, or refuses an offer of employment without good cause, the amount of assistance is computed without benefit of the disregards in §§ 67:12:05:14, 67:12:05:18, and 67:12:05:21. The disregard in § 67:12:05:14 is counted as one of the four consecutive months in the limitation specified in subdivision 67:12:05:34(4).

Cross-References:

Penalty for terminating employment, reducing earned income, and for refusing an offer of employment, 45 C.F.R. § 233.20(a)(11)(iii).

Good cause for terminating employment or reducing earned income, § 67:12:06:43.

Good cause for refusal to accept employment, § 67:12:06:44.

History

Source: 8 SDR 125, effective April 4, 1982; 9 SDR 24, effective September 2, 1982; 52 SDR 55, effective December 2, 2025.
General Authority: SDCL 28-6-1.
Law Implemented: SDCL 28-6-1.

ARSD 67:12:06:42.01 Penalty for terminating employment -- 1115 waiver group

If an applicant is a parent caretaker relative, is assigned to the 1115 waiver group, and terminates employment without good cause within the sixty days preceding the date of application, the assistance unit is ineligible for aid to families with dependent children (AFDC) cash payments. The period of ineligibility is limited to a maximum of ninety days from the date the employment was terminated.

If a recipient is a parent caretaker relative, is assigned to the 1115 waiver group, and terminates employment without good cause, the assistance unit is ineligible for AFDC cash payments. The period of ineligibility is limited to three payment months. The first month of ineligibility is the first month after the notice requirements of chapter 67:12:02 are met.

The length of the penalty expires if the parent caretaker relative secures employment with comparable hours and earnings or is no longer living in the home.

A member of the assistance unit must make a new application for AFDC cash benefits when the penalty period expires, the parent caretaker relative secures employment with comparable earnings, or the parent caretaker relative is no longer living in the home.

Cross-Reference: Assistance unit randomly assigned to groups, § 67:12:01:73.

History

Source: 20 SDR 196, effective May 23, 1994; 52 SDR 55, effective December 2, 2025.
General Authority: SDCL 28-6-1.
Law Implemented: SDCL 28-6-1.

ARSD 67:12:06:42.02 Medicaid eligibility when employment terminated -- 1115 waiver group

An assistance unit that is ineligible for aid to families with depdendent children (AFDC) under § 67:12:06:42.01 is eligible for medicaid if, except for the penalty for terminating employment, the assistance unit meets all other AFDC eligibility requirements.

History

Source: 20 SDR 196, effective May 23, 1994; 52 SDR 55, effective December 2, 2025.
General Authority: SDCL 28-6-1.
Law Implemented: SDCL 28-6-1.

ARSD 67:12:06:43 Good cause for terminating employment or reducing earned income

Good cause criteria for voluntarily leaving employment or reducing earned income is established if:

(1) Continued employment or full-time work is a hazard to the applicant's or recipient's health;

(2) The employer required the applicant or recipient to relocate the applicant's or recipient's residence to hold the job;

(3) The employer's conduct demonstrated a substantial disregard of the standards of behavior that the applicant or recipient as an employee has a right to expect from the employer;

(4) The employer breached or substantially altered the employment contract; or

(5) While on layoff, the applicant or recipient accepted employment that the applicant or recipient quit in order to return to work for the applicant's or recipient's regular employer.

Cross-Reference: Medical verification of evidence supporting applicant's or recipient's inability to be employed, § 67:12:06:45.

History

Source: 8 SDR 125, effective April 4, 1982; 52 SDR 55, effective December 2, 2025.
General Authority: SDCL 28-6-1.
Law Implemented: SDCL 28-6-1.

ARSD 67:12:06:43.01 Good cause for terminating employment -- 1115 waiver group

In addition to the criteria established in § 67:12:06:43, good cause criteria for an applicant or recipient who is part of the 1115 waiver group and who voluntarily terminates employment is established if:

(1) The employment was less than twenty hours per week at federal minimum wage;

(2) Child care arrangements are not available;

(3) The employer discriminated against the applicant or recipient;

(4) Working conditions or demands from the employer make continued employment unreasonable;

(5) The applicant or recipient accepted other employment with comparable salary or hours;

(6) The applicant or recipient is enrolled in an approved training program that requires the applicant or recipient to leave employment; or

(7) After accepting employment, the employment did not materialize for a reason beyond the control of the applicant or recipient or became unsuitable for one of the reasons contained in § 67:12:06:44.

Cross-References:

Minimum wage, 29 U.S.C. § 206(a)(1).

Assistance unit randomly assigned to groups, § 67:12:01:73.

History

Source: 20 SDR 196, effective May 23, 1994; 52 SDR 55, effective December 2, 2025.
General Authority: SDCL 28-6-1.
Law Implemented: SDCL 28-6-1.

ARSD 67:12:06:44 Good cause for refusal to accept employment

For purposes of public assistance, good cause for refusing to accept employment is established if:

(1) The individual is not physically or mentally capable of performing the work on a regular basis;

(2) The offered wages, hours, or other work conditions are substantially less favorable than those found for similar work in the locality;

(3) The position is vacant due directly to a strike, lockout, or other labor dispute;

(4) The individual is, as a condition of employment, required to join, resign from, or refrain from joining a labor organization; or

(5) The total daily commuting time to and from home to the work site by available transportation exceeds two hours, exclusive of the time necessary to transport children to and from a child care facility. If a longer commuting time is common in the community, the round trip commuting time may not exceed the commuting time common in the community.

Cross-References:

Good cause for refusing employment, 45 C.F.R. § 233.20(a)(11)(iii)(B).

Medical verification supporting applicant's or recipient's inability to be employed, § 67:12:06:45.

History

Source: 8 SDR 125, effective April 15, 1982; 52 SDR 55, effective December 2, 2025.
General Authority: SDCL 28-6-1.
Law Implemented: SDCL 28-6-1.

ARSD 67:12:06:45 Medical verification supporting applicant's or recipient's inability to be employed

If an applicant or recipient indicates an inability to accept employment or continue employment for physical or mental health reasons, the applicant or recipient must obtain a written statement signed by a licensed or certified physician, physician's assistant, nurse practitioner, psychologist, or psychiatric social worker which verifies the applicant's or recipient's inability to accept or continue employment.

History

Source: 8 SDR 125, effective April 4, 1982; 52 SDR 55, effective December 2, 2025.
General Authority: SDCL 28-6-1.
Law Implemented: SDCL 28-6-1.

ARSD 67:12:11:01 Repealed

67:12:11:01. Qualifications for refugee assistance. Repealed.

History

Source: 2 SDR 10, effective August 12, 1975; 3 SDR 52, effective January 27, 1977; 7 SDR 66, 7 SDR 89, effective July 1, 1981; 8 SDR 11, effective August 13, 1981; 43 SDR 31, effective September 12, 2016.

ARSD 67:12:11:01.01 Repealed

67:12:11:01.01. Documentation required. Repealed.

History

Source: 8 SDR 11, effective August 13, 1981; 8 SDR 58, effective November 29, 1981; 43 SDR 31, effective September 12, 2016.

ARSD 67:12:11:02 Repealed

67:12:11:02. Eligibility factors relating to refugees with children -- Exceptions. Repealed.

History

Source: 2 SDR 10, effective August 12, 1975; 7 SDR 66, 7 SDR 89, effective July 1, 1981; 8 SDR 11, effective August 13, 1981; 43 SDR 31, effective September 12, 2016.

ARSD 67:12:11:02.01 Repealed

67:12:11:02.01. Period of time during which assistance will be provided. Repealed.

History

Source: 7 SDR 90, effective April 1, 1981; 8 SDR 58, effective November 29, 1981; 8 SDR 133, effective April 1, 1982; 15 SDR 61, effective October 7, 1988; 18 SDR 86, effective November 20, 1991; 43 SDR 31, effective September 12, 2016.

ARSD 67:12:11:02.02 Repealed

67:12:11:02.02. Earned income exemption not applied. Repealed.

History

Source: 8 SDR 133, effective April 1, 1982; 9 SDR 76, effective December 1, 1982; 12 SDR 4, effective July 21, 1985; 43 SDR 31, effective September 12, 2016.

ARSD 67:12:11:03 Repealed

67:12:11:03. Eligibility factors relating to adult refugees. Repealed.

History

Source: 2 SDR 10, effective August 12, 1975; 7 SDR 66, 7 SDR 89, effective July 1, 1981; 8 SDR 11, effective August 13, 1981; 43 SDR 31, effective September 12, 2016.

ARSD 67:12:11:03.01 Repealed

67:12:11:03.01. Children of refugees who are U. S. citizens. Repealed.

History

Source: 8 SDR 11, effective August 13, 1981; 8 SDR 58, effective November 29, 1981; 43 SDR 31, effective September 12, 2016.

ARSD 67:12:11:04 Repealed

67:12:11:04. SSI-eligible refugees provided assistance until SSI established.Repealed.

History

Source: 2 SDR 10, effective August 12, 1975; 7 SDR 66, 7 SDR 89, effective July 1, 1981; 8 SDR 11, effective August 13, 1981; repealed, 23 SDR 109, effective January 5, 1997.

ARSD 67:12:11:05 Repealed

67:12:11:05. Exempted income and resources. Repealed.

History

Source: 2 SDR 10, effective August 12, 1975; 3 SDR 52, effective January 27, 1977; 7 SDR 66, 7 SDR 89, effective July 1, 1981; 8 SDR 11, effective August 13, 1981; 43 SDR 31, effective September 12, 2016.

ARSD 67:12:11:06 Repealed

67:12:11:06. Medical services. Repealed.

History

Source: 2 SDR 10, effective August 12, 1975; 3 SDR 52, effective January 27, 1977; 7 SDR 66, 7 SDR 89, effective July 1, 1981; 8 SDR 11, effective August 13, 1981; 9 SDR 24, effective September 2, 1982; 15 SDR 61, effective October 7, 1988; 18 SDR 86, effective November 20, 1991; 43 SDR 31, effective September 12, 2016.

ARSD 67:12:11:07 Repealed

67:12:11:07. Social services.Repealed.

History

Source: 2 SDR 10, effective August 12, 1975; 3 SDR 52, effective January 27, 1977; 7 SDR 66, 7 SDR 89, effective July 1, 1981; repealed, 8 SDR 11, effective August 13, 1981.

ARSD 67:12:11:08 Repealed

67:12:11:08. Employable refugees to register with Lutheran Social Services. Repealed.

History

Source: 3 SDR 58, effective February 22, 1977; 7 SDR 66, 7 SDR 89, effective July 1, 1981; 8 SDR 11, effective August 13, 1981; 9 SDR 76, effective December 1, 1982; 11 SDR 85, effective December 30, 1984; 43 SDR 31, effective September 12, 2016.

ARSD 67:12:11:08.01 Repealed

67:12:11:08.01. Criteria for determining appropriate work. Repealed.

History

Source: 8 SDR 11, effective August 13, 1981; 8 SDR 58, effective November 29, 1981; 43 SDR 31, effective September 12, 2016.

ARSD 67:12:11:08.02 Repealed

67:12:11:08.02. Criteria for determining appropriate training. Repealed.

History

Source: 8 SDR 11, effective August 13, 1981; 8 SDR 58, effective November 29, 1981; 43 SDR 31, effective September 12, 2016.

ARSD 67:12:11:08.03 Repealed

67:12:11:08.03. Claims of adverse effects of physical or mental health. Repealed.

History

Source: 8 SDR 11, effective August 13, 1981; 8 SDR 58, effective November 29, 1981; 9 SDR 76, effective December 1, 1982; 43 SDR 31, effective September 12, 2016.

ARSD 67:12:11:09 Repealed

67:12:11:09. Employable refugee -- Exemptions from accepting work or training. Repealed.

History

Source: 3 SDR 58, effective February 22, 1977; 7 SDR 66, 7 SDR 89, effective July 1, 1981; 8 SDR 11, effective August 13, 1981; 9 SDR 24, effective September 2, 1982; 9 SDR 76, effective December 1, 1982; 43 SDR 31, effective September 12, 2016.

ARSD 67:12:11:09.01 Repealed

67:12:11:09.01. Good cause. Repealed.

History

Source: 8 SDR 11, effective August 13, 1981; 8 SDR 58, effective November 29, 1981; 43 SDR 31, effective September 12, 2016.

ARSD 67:12:11:10 Repealed

67:12:11:10. Refusal to apply for or to accept employment or employment training or voluntarily quitting employment affects eligibility.Repealed.

History

Source: 3 SDR 58, effective February 22, 1977; 7 SDR 66, 7 SDR 89, effective July 1, 1981; 8 SDR 11, effective August 13, 1981; 9 SDR 76, effective December 1, 1982; repealed, 11 SDR 85, effective December 30, 1984.

ARSD 67:12:11:11 Repealed

67:12:11:11. Actions to be taken when employable refugee refuses to register for, accept, or to continue employment.Repealed.

History

Source: 3 SDR 58, effective February 22, 1977; 7 SDR 66, 7 SDR 89, effective July 1, 1981; 8 SDR 11, effective August 13, 1981; repealed, 9 SDR 76, effective December 1, 1982.

ARSD 67:12:11:11.01 Repealed

67:12:11:11.01. Effects of termination on household. Repealed.

History

Source: 8 SDR 11, effective August 13, 1981; 8 SDR 58, effective November 29, 1981; 9 SDR 76, effective December 1, 1982; 11 SDR 85, effective December 30, 1984; 43 SDR 31, effective September 12, 2016.

ARSD 67:12:11:11.02 Repealed

67:12:11:11.02. Reestablishment of assistance.Repealed.

History

Source: 8 SDR 11, effective August 13, 1981; repealed, 9 SDR 76, effective December 1, 1982.

ARSD 67:12:11:11.03 Repealed

67:12:11:11.03. Period of ineligibility for refusal to comply. Repealed.

History

Source: 8 SDR 11, effective August 13, 1981; 8 SDR 58, effective November 30, 1981; 9 SDR 76, effective December 1, 1982; 11 SDR 85, effective December 30, 1984; 43 SDR 31, effective September 12, 2016.

ARSD 67:12:11:12 Repealed

67:12:11:12. English language requirements. Repealed.

History

Source: 3 SDR 58, effective February 22, 1977; 7 SDR 66, 7 SDR 89, effective July 1, 1981; 8 SDR 11, effective August 13, 1981; 11 SDR 85, effective December 30, 1984; 43 SDR 31, effective September 12, 2016.

ARSD 67:12:11:13 Repealed

67:12:11:13. Receipt of assistance while attending educational or training program. Repealed.

History

Source: 3 SDR 58, effective February 22, 1977; 7 SDR 66, 7 SDR 89, effective July 1, 1981; 8 SDR 11, effective August 13, 1981; 9 SDR 24, effective September 2, 1982; 9 SDR 76, effective December 1, 1982; 43 SDR 31, effective September 12, 2016.

ARSD 67:12:11:14 Repealed

67:12:11:14. Fair hearings. Repealed.

History

Source: 8 SDR 11, effective August 13, 1981; 8 SDR 58, effective November 29, 1981; 43 SDR 31, effective September 12, 2016.

ARSD 67:12:12:01 Eligibility for aid to families with dependent children foster care

An applicant for aid to families with dependent children (AFDC) foster care funds shall meet the following criteria:

(1) The child must have been removed from the home of the child's parent, parents, or specified relative, as provided in § 67:12:01:27, as a result of court action that determined that being in the home was contrary to the child's welfare. This subdivision applies only if the removed child:

(a) Lived with a specified relative and was a recipient of AFDC benefits during the month the court action was initiated, or would have been eligible to receive AFDC benefits had an application been made; or

(b) Did not live with a specified relative during the month the court action was initiated, but lived with a specified relative as defined in § 67:12:01:27 at any time within six months prior to the month the court action was initiated. If the specified relative requirement is met, the child must also meet all other eligibility requirements that would have been required during the month of initial court action;

(2) The court has placed the care of the child under the charge of the department or any public agency with which the department has an effective contract; and

(3) All other eligibility requirements pursuant to chapters 67:12:01, 67:12:04, and 67:12:05 related to need, deprivation, age, work incentive status, residency, submission of social security number, and notification and referral to the Office of Child Support Enforcement must be met.

Cross-Reference: Foster care maintenance and adoption assistance, 45 C.F.R. § 233.110.

History

Source: 2 SDR 74, effective May 13, 1976; 4 SDR 10, effective August 28, 1977; 4 SDR 60, effective March 26, 1978; 7 SDR 66, 7 SDR 89, effective July 1, 1981; 52 SDR 55, effective December 2, 2025.
General Authority: SDCL 28-6-1.
Law Implemented: SDCL 28-6-1.

ARSD 67:12:12:01.01 Department to develop plan for alternative care and services

If a child is removed from the home of a specified relative as a result of a court action, the department, or a public agency under contract with the department, must develop a plan for alternative care and services. The plan must:

(1) Make available emergency care for the child;

(2) Improve conditions in the home from which the child was removed;

(3) Provide for the placement and care of the child in another home approved by the department; or

(4) Proceed with plans for the adoption of the child.

Cross-References:

Foster care maintenance and adoption assistance, 45 C.F.R. § 233.110(a).

Specific degree of relationship between child and parent or relative, § 67:12:01:27.

History

Source: 4 SDR 60, effective March 26, 1978; 7 SDR 23, effective September 18, 1980; 7 SDR 66, 7 SDR 89, effective July 1, 1981; 52 SDR 55, effective December 2, 2025.
General Authority: SDCL 28-6-1.
Law Implemented: SDCL 28-6-1.

ARSD 67:12:12:01.02 Termination of parental rights not deprivation

A court order terminating parental rights is not considered deprivation of parental support or care pursuant to this article for the purpose of establishing initial eligibility for aid to families with dependent children foster care benefits.

History

Source: 4 SDR 60, effective March 26, 1978; 7 SDR 66, 7 SDR 89, effective July 1, 1981; 52 SDR 55, effective December 2, 2025.
General Authority: SDCL 28-6-1.
Law Implemented: SDCL 28-6-1.

ARSD 67:12:12:02 Redetermination of deprivation for continued eligibility

For the department to make a redetermination of deprivation of parental care or support for the purpose of determining continued eligibility for aid to families with dependent children (AFDC) foster care benefits, a recipient must meet the eligibility criteria as established in chapter 67:12:01 or must be receiving AFDC foster care benefits upon the termination of parental rights.

Cross-Reference: Application, determination of eligibility and furnishing of assistance -- When reconsidered or redetermined, 45 C.F.R. § 206.10(a)(9).

History

Source: 2 SDR 74, effective May 13, 1976; 4 SDR 60, effective March 25, 1978; 7 SDR 66, 7 SDR 89, effective July1, 1981; 52 SDR 55, effective December 2, 2025.
General Authority: SDCL 28-6-1.
Law Implemented: SDCL 28-6-1.

ARSD 67:12:12:03 Repealed

67:12:12:03. Prior approval required.Repealed.

History

Source: 2 SDR 74, effective May 13, 1976; 4 SDR 10, effective August 28, 1977; 7 SDR 23, effective September 18, 1980; 7 SDR 66, 7 SDR 89, effective July 1, 1981; repealed, 23 SDR 109, effective January 5, 1997.

ARSD 67:12:12:04 Periodic review of eligibility

Eligibility for aid to families with dependent children foster care benefits must be reviewed whenever there is a change in circumstances and at least every six months.

Cross-Reference: Recipient to report change of circumstances, § 67:12:01:12.

History

Source: 2 SDR 74, effective May 13, 1976; 7 SDR 66, 7 SDR 89, effective July 1, 1981; 52 SDR 55, effective December 2, 2025.
General Authority: SDCL 28-6-1.
Law Implemented: SDCL 28-6-1.

ARSD 67:12:12:05 Foster care rates

The department shall determine the standard rates of payment for family foster care pursuant to articles 67:12 and 67:14. The payments must cover the cost of maintenance. For short-term group home care and family foster care, reimbursement must be prorated according to days in placement. Group care rates must be determined by the department and include maintenance and service costs.

Cross-Reference:

Reimbursement for family foster care, group care, residential treatment, and intensive residential treatment, § 67:14:31:26.

History

Source: 2 SDR 74, effective May 13, 1976; 4 SDR 10, effective August 28, 1977; 4 SDR 60, effective March 26, 1978; 7 SDR 23, effective September 18, 1980; 7 SDR 66, 7 SDR 89, effective July 1, 1981; 52 SDR 55, effective December 2, 2025.
General Authority: SDCL 28-6-1.
Law Implemented: SDCL 28-6-1.

ARSD 67:12:12:06 Repealed

67:12:12:06. Family planning services.Repealed.

History

Source: 2 SDR 74, effective May 13, 1976; 4 SDR 10, effective August 28, 1977; 7 SDR 66, 7 SDR 89, effective July 1, 1981; repealed, 23 SDR 109, effective January 5, 1997.

ARSD 67:12:12:07 Repealed

67:12:12:07. Early and periodic screening, diagnosis, and treatment.Repealed.

History

Source: 2 SDR 74, effective May 13, 1976; 7 SDR 66, 7 SDR 89, effective July 1, 1981; repealed, 23 SDR 109, effective January 5, 1997.

ARSD 67:12:12:08 Repealed

67:12:12:08. Medical services.Repealed.

History

Source: 2 SDR 74, effective May 13, 1976; 7 SDR 66, 7 SDR 89, effective July 1, 1981; repealed, 23 SDR 109, effective January 5, 1997.

ARSD 67:12:13:01 Qualifications for temporary assistance to eligible U. S. citizen returning from foreign countries

67:12:13:01. Qualifications for temporary assistance to eligible U. S. citizens returning from foreign countries. The department shall provide temporary assistance to eligible U. S. citizens and their dependents returning from foreign countries if:

(1) The individual is a citizen of the United States or a dependent of a citizen of the United States;

(2) A written statement has been transmitted to the department by an authorized official of the Department of State, containing information which identifies the individual as having returned to the United States because of destitution, illness, war, threat of war, invasion, or similar crisis; and

(3) The individual is without resources immediately accessible to meet needs.

Cross-References: Pub. L. No. 94-44 (June 28, 1975); 42 U.S.C. § 1313 (October, 1975).

History

Source: 2 SDR 88, effective July 1, 1976; 7 SDR 66, 7 SDR 89, effective July 1, 1981.
General Authority: SDCL 28-1-50.
Law Implemented: SDCL 28-1-48.

ARSD 67:12:13:02 Eligibility factors for repatriated citizens and their dependents

Upon application, assistance payments and Medicaid shall be provided to any eligible person identified in Pub. L. No. 94-44 who is eligible for assistance through the AFDC program as provided in this article with the exception that the age requirements and deprivation of

parental support shall be waived.

History

Source: 2 SDR 88, effective July 1, 1976; 7 SDR 66, 7 SDR 89, effective July 1, 1981.
General Authority: SDCL 28-1-50.
Law Implemented: SDCL 28-1-48.

ARSD 67:12:13:03 Limits for financial and Medicaid assistance through Title XIX program

Temporary assistance to an eligible recipient may be furnished for a period not to exceed 90 days following arrival in the United States, unless the recipient is determined by the state disability/incapacity consultation team to be a disabled individual, as defined in subdivision 67:16:18:02(5), or is incapable of attaining self-support because of such factors as, but not necessarily limited to, age, disability, or lack of vocational preparation. In such cases, assistance may be continued for a period not to exceed 9 additional months upon prior authorization by the department.

S ource: 2 SDR 88, effective July 1, 1976; 7 SDR 66, 7 SDR 89, effective July 1, 1981; 18 SDR 67, effective October 13, 1991.

History

General Authority: SDCL 28-1-50.
Law Implemented: SDCL 28-1-48.

ARSD 67:12:13:04 Income and resources

Assistance shall be provided to eligible applicants or recipients under Pub. L. No. 94-44 (June 28, 1975), who are eligible under the income and resource limitations of the AFDC program under this article. The amount of assistance shall be determined pursuant to the rules governing the AFDC program, except as provided in § 67:12:13:02.

Cross-Reference: Pub. L. No. 94-44 (June 28, 1975).

History

Source: 2 SDR 88, effective July 1, 1976; 7 SDR 66, 7 SDR 89, effective July 1, 1981.
General Authority: SDCL 28-1-50.
Law Implemented: SDCL 28-1-48.

ARSD 67:12:13:05 Duty to report changes in circumstances

Eligible recipients who receive temporary assistance shall report changes in circumstances in accordance with rules governing the AFDC program under this article.

History

Source: 2 SDR 88, effective July 1, 1976; 7 SDR 66, 7 SDR 89, effective July 1, 1981.
General Authority: SDCL 28-1-50.
Law Implemented: SDCL 28-1-48.

ARSD 67:12:13:06 Review of eligibility

Recipients of emergency assistance under Pub. L. No. 94-44 (June 28, 1975) shall be reviewed monthly in order to determine continued eligibility and extent of entitlement.

Cross-Reference: Pub. L. No. 94-44 (June 28, 1975).

History

Source: 2 SDR 88, effective July 1, 1976; 7 SDR 66, 7 SDR 89, effective July 1, 1981.
General Authority: SDCL 28-1-50.
Law Implemented: SDCL 28-1-48.

ARSD 67:12:13:07 Repayment of temporary assistance

A recipient of temporary assistance must repay, according to the recipient's ability, any or all assistance unless recovery is deemed inadvisable based on the criteria defined in 45 C.F.R. § 212.7 (October 1, 1974).

Cross-Reference: 45 C.F.R. § 212.7 (October 1, 1974).

History

Source: 2 SDR 88, effective July 1, 1976; 7 SDR 66, 7 SDR 89, effective July 1, 1981.
General Authority: SDCL 28-1-50.
Law Implemented: SDCL 28-1-48.

ARSD 67:12:14:01 Definitions

Terms used in this chapter mean:

(1) "In-kind support and maintenance," any support or maintenance, such as room, board, and clothing necessary for an individual to maintain a normal sustenance;

(2) "Other income," any earned or unearned income except SSI and in-kind support and maintenance which may include but is not limited to wages from employment, social security retirement, survivors and disability benefits, black lung disability income, lease income, veterans administration compensation, railroad retirement benefits, veterans pensions, and employment related pensions such as civil service or private pensions;

(3) Repealed;

(4) "Child," any individual who is neither married nor the head of the household and who is either under the age of 18 or under the age of 22 and a student regularly attending a school, college, or university designed to prepare the individual for gainful employment;

(5) "Institutionalized individual," a person who is living in an institution, as defined in 20 C.F.R. § 416.231, and is receiving treatment and services which are appropriate to the person's requirements; and

(6) "Optional state supplemental program," a supplemental payment to recipients of the SSI program as defined in chapter 204, SL 1978.

Cross-References: 42 U.S.C.A. §§ 1381-1383(c); Limitation on eligibility due to institutional status, 20 C.F.R. § 416.231.

History

Source: 5 SDR 6, effective August 6, 1978; 7 SDR 66, 7 SDR 89, effective July 1, 1981.
General Authority: SDCL 28-1-50.
Law Implemented: SDCL 28-5A-1, 28-1-49.

ARSD 67:12:14:02 Eligibility requirements for optional state program

A person must meet all the following criteria to be eligible to receive benefits under the optional state supplemental program:

(1) The person is receiving SSI and may be receiving in-kind income;

(2) The person is an adult of at least 18 years of age and not in school;

(3) The person is a resident of South Dakota; and

(4) The person has independent living arrangements, such as a home, apartment, hotel room, or room in a boarding house, or resides in the household of another who provides in-kind support or maintenance. Institutionalized individuals or couples living in adult foster care or assisted living arrangements are not eligible.

History

Source: 5 SDR 6, effective August 6, 1978; 7 SDR 66, 7 SDR 89, effective July 1, 1981; 20 SDR 92, effective December 31, 1993.
General Authority: SDCL 28-1-50.
Law Implemented: SDCL 28-5A-1, 28-1-49.

ARSD 67:12:14:03 Termination of optional supplemental payment

The optional supplemental payment shall be discontinued in the month the department is notified of one or more of the following:

(1) The person is no longer receiving SSI benefits;

(2) The person is receiving other income in addition to SSI benefits;

(3) The person is no longer in an independent living arrangement as defined in subdivision 67:12:14:02(4);

(4) The person has died;

(5) The person has left South Dakota; or

(6) The person requests that the payment be discontinued.

History

Source: 5 SDR 6, effective August 6, 1978; 7 SDR 23, effective September 18, 1980; 7 SDR 66, 7 SDR 89, effective July 1, 1981; 9 SDR 42, effective October 10, 1982.
General Authority: SDCL 28-1-50.
Law Implemented: SDCL 28-5A-1, 28-1-49.

ARSD 67:12:14:04 Payment of the optional supplement

Persons eligible for the state optional supplemental program shall receive benefits at a rate approved by the department based on the annual appropriation by the state Legislature. The first payment shall be made in the month the department receives notification from the Social Security Administration that a person is currently receiving SSI payments and meets the eligibility requirements of § 67:12:14:02. Optional supplemental benefits may be paid retroactive to the month of initial SSI eligibility if the client is otherwise eligible, but no retroactive payment may be made for any month prior to the first month of the current state fiscal year.

History

Source: 5 SDR 6, effective August 6, 1978; 7 SDR 66, 7 SDR 89, effective July 1, 1981; 8 SDR 125, effective April 4, 1982.
General Authority: SDCL 28-1-50.
Law Implemented: SDCL 28-5A-1, 28-1-49.

ARSD 67:12:14:05 Death of recipient

In the event a recipient of benefits under this chapter dies after midnight of the first day of the month in which the recipient was eligible to receive an optional supplemental payment, the department shall make arrangements that the final optional supplemental payment shall be paid directly to the deceased recipient's personal representative.

History

Source: 5 SDR 6, effective August 6, 1978; 7 SDR 66, 7 SDR 89, effective July 1, 1981.
General Authority: SDCL 28-1-50.
Law Implemented: SDCL 28-5A-1, 28-1-49.

ARSD 67:12:14:06 Notice of eligibility

The department shall notify persons of their entitlement for benefits under this chapter by way of a notice of eligibility which shall accompany the first optional supplemental payment to the individual.

History

Source: 5 SDR 6, effective August 6, 1978; 7 SDR 66, 7 SDR 89, effective July 1, 1981.
General Authority: SDCL 28-1-50.
Law Implemented: SDCL 28-5A-1, 28-1-49.

ARSD 67:12:14:07 Notice of termination

A notice of termination of the optional supplemental payment shall be sent to a recipient at least 10 days prior to the date the recipient would normally receive the payment.

History

Source: 5 SDR 6, effective August 6, 1978; 7 SDR 66, 7 SDR 89, effective July 1, 1981.
General Authority: SDCL 28-1-50.
Law Implemented: SDCL 28-5A-1, 28-1-49.

ARSD 67:12:14:08 Determination of eligibility for retroactive payments

A departmental determination of a client's eligibility for retroactive payment of benefits under this chapter shall be made whenever such a determination is requested by a client. The department and client shall be jointly responsible for the development of facts needed to establish retroactive eligibility. No retroactive payment may be made for any month prior to the first month of the current state fiscal year.

History

Source: 5 SDR 6, effective August 6, 1978; 7 SDR 66, 7 SDR 89, effective July 1, 1981; 9 SDR 42, effective October 10, 1982.
General Authority: SDCL 28-1-50.
Law Implemented: SDCL 28-5A-1, 28-1-49.

ARSD 67:12:14:09 Payment of retroactive benefits

Payment of retroactive benefits as determined under § 67:12:14:08 should be made in the month following the month that retroactive eligibility is established.

History

Source: 5 SDR 6, effective August 6, 1978; 7 SDR 66, 7 SDR 89, effective July 1, 1981.
General Authority: SDCL 28-1-50.
Law Implemented: SDCL 28-5A-1, 28-1-49.

ARSD 67:12:14:10 Social security "pass-on" increases

Social security cost-of-living increases in which there is a "pass-on" provision stipulated by the federal government shall be disregarded for purposes of the mandatory and optional supplementary security income program.

Cross-Reference: Optional state supplemental program, ch 67:12:14.

History

Source: 7 SDR 23, effective September 18, 1980; 7 SDR 66, 7 SDR 89, effective July 1, 1981.
General Authority: SDCL 28-1-50.
Law Implemented: SDCL 28-1-49.

ARSD 67:12:14:11 Suspension of optional supplemental payment during SSI appeal

The department shall suspend a person appealing an SSI decision to close the person's case from the optional supplement program. When SSI eligibility is reestablished, the person may request retroactive optional supplemental payments from the department. Retroactive payments will date back to the time of suspension if the suspension is within the current state fiscal year. No retroactive payment may be made for any month before the first month of the current state fiscal year.

History

Source: 9 SDR 42, effective October 10, 1982.
General Authority: SDCL 28-1-50.
Law Implemented: SDCL 28-1-49.

ARSD 67:12:15:01 Definition of dependent care services, Repealed

67:12:15:01. Definition of dependent care services. Repealed.

History

Source: 9 SDR 24, effective September 2, 1982; 12 SDR 204, effective July 1, 1986; 13 SDR 141, effective April 5, 1987; 14 SDR 40, effective September 24, 1987; 17 SDR 8, effective July 23, 1990; 19 SDR 68, effective November 9, 1992; 21 SDR 172, effective April 3, 1995; dependent care limits transferred to § 67:12:15:02, 22 SDR 70, effective November 19, 1995; 22 SDR 188, effective July 8, 1996; 52 SDR 55, effective December 2, 2025.

ARSD 67:12:15:02 Dependent care limits -- Caretaker relative in certain activities, Repealed

67:12:15:02. Dependent care limits -- Caretaker relative in certain activities. Repealed.

History

Source: 9 SDR 24, effective September 2, 1982; 9 SDR 42, effective October 10, 1982; 13 SDR 141, effective April 5, 1987; training requirements transferred from § 67:12:15:06, 14 SDR 40, effective September 24, 1987; 14 SDR 140, effective May 1, 1988; 15 SDR 67, effective November 6, 1988; 16 SDR 99, effective December 7, 1989; 17 SDR 8, effective July 23, 1990; 21 SDR 172, effective April 3, 1995; dependent care limits transferred from § 67:12:15:01, 22 SDR 70, effective November 19, 1995; 22 SDR 188, effective July 8, 1996; 52 SDR 55, effective December 2, 2025.

ARSD 67:12:15:03 Repealed

67:12:15:03. Payment for dependent care -- Nonrecipient caretaker other than parent.Repealed.

History

Source: 9 SDR 24, effective September 2, 1982; repealed, 13 SDR 141, effective April 5, 1987.

ARSD 67:12:15:04 Required verification of dependent care costs -- Disregard from earnings, Repealed

67:12:15:04. Required verification of dependent care costs -- Disregard from earnings. Repealed.

History

Source: 9 SDR 24, effective September 2, 1982; 9 SDR 148, effective May 26, 1983; 14 SDR 40, effective September 24, 1987; 52 SDR 55, effective December 2, 2025.

ARSD 67:12:15:05 Computing disregarded dependent care cost, Repealed

67:12:15:05. Computing disregarded dependent care cost. Repealed.

History

Source: 9 SDR 24, effective September 2, 1982; 9 SDR 46, effective October 1, 1982; 13 SDR 141, effective April 5, 1987; 14 SDR 40, effective September 24, 1987; 15 SDR 67, effective November 6, 1988; 16 SDR 99, effective December 7, 1989; 17 SDR 8, effective July 23, 1990; 19 SDR 68, effective November 9, 1992; 22 SDR 70, effective November 19, 1995; 52 SDR 55, effective December 2, 2025.

ARSD 67:12:15:06 Transferred

67:12:15:06. Transferred to § 67:12:15:02.

ARSD 67:12:15:07 Repealed

67:12:15:07. Dependent care -- Caretaker ineligible for ADC.Repealed.

History

Source: 10 SDR 144, effective July 1, 1984; 14 SDR 40, effective September 24, 1987; repealed, 15 SDR 67, effective November 6, 1988.

ARSD 67:12:15:08 Supplemental amount, Repealed

67:12:15:08. Supplemental amount. Repealed.

History

Source: 22 SDR 70, effective November 19, 1995; 52 SDR 55, effective December 2, 2025.

ARSD 67:12:17:01 Definitions

Repealed.

History

Source: 17 SDR 53, effective October 16, 1990; 42 SDR 51, effective October 13, 2015.

ARSD 67:12:17:02 Initial eligibility for transitional medical benefits

Repealed.

History

Source: Transferred from §§ 67:12:01:61 and 67:12:01:61.02, 17 SDR 53, effective October 16, 1990; 21 SDR 172, effective April 3, 1995; 42 SDR 51, effective October 13, 2015.

ARSD 67:12:17:03 TMB limited to 12 consecutive months

Repealed.

History

Source: 17 SDR 53, effective October 16, 1990; 42 SDR 51, effective October 13, 2015.

ARSD 67:12:17:04 TMB eligibility during first six months

67:12:17:04. TMB eligibility during the first six months. Repealed.

History

Source: 17 SDR 53, effective October 16, 1990; 42 SDR 51, effective October 13, 2015.

ARSD 67:12:17:05 TMB eligibility during second six months

Repealed.

History

Source: 17 SDR 53, effective October 16, 1990; 20 SDR 92, effective December 21, 1993; 21 SDR 162, effective March 23, 1995; 42 SDR 51, effective October 13, 2015.

ARSD 67:12:17:06 Report forms required -- Ineligibility for delayed or incomplete reports

Repealed.

History

Source: 17 SDR 53, effective October 16, 1990; 42 SDR 51, effective October 13, 2015.

ARSD 67:12:17:07 Good cause for filing late or incomplete report form

Repealed.

History

Source: 17 SDR 53, effective October 16, 1990; 42 SDR 51, effective October 13, 2015.

ARSD 67:12:17:08 Determination of family's average monthly gross earnings

Repealed.

History

Source: 17 SDR 53, effective October 16, 1990; 42 SDR 51, effective October 13, 2015.

ARSD 67:12:17:09 Determining family's child care costs

Repealed.

History

Source: 17 SDR 53, effective October 16, 1990; 42 SDR 51, effective October 13, 2015.

ARSD 67:12:17:10 Determining family size

Repealed.

History

Source: 17 SDR 53, effective October 16, 1990; 42 SDR 51, effective October 13, 2015.

ARSD 67:12:17:11 Repealed

67:12:17:11. Premium for second six months.Repealed.

History

Source: 17 SDR 53, effective October 16, 1990; repealed, 20 SDR 92, effective December 21, 1993.

ARSD 67:12:17:12 Repealed

67:12:17:12. Ineligibility for failure to pay premium.Repealed.

History

Source: 17 SDR 53, effective October 16, 1990; 20 SDR 92, effective December 21, 1993.

ARSD 67:12:17:13 Repealed

67:12:17:13. Good cause for late premium payments.Repealed.

History

Source: 17 SDR 53, effective October 16, 1990; repealed, 20 SDR 92, effective December 21, 1993.

ARSD 67:12:17:14 Ineligibility for fraud

Repealed.

History

Source: Transferred from §§ 67:12:01:61 and 67:12:01:61.02, 17 SDR 53, effective October 16, 1990; 42 SDR 51, effective October 13, 2015.

ARSD 67:12:17:15 Notice and hearing requirements

Repealed.

History

Source: 17 SDR 53, effective October 16, 1990; 42 SDR 51, effective October 13, 2015.

ARSD 67:12:18:01 Definitions, Repealed

67:12:18:01. Definitions. Repealed.

History

Source: 17 SDR 53, effective October 16, 1990; 52 SDR 55, effective December 2, 2025.

ARSD 67:12:18:02 Unemployed parent program available to certain AFDC households, Repealed

67:12:18:02. Unemployed parent program available to certain AFDC households. Repealed.

History

Source: 17 SDR 53, effective October 16, 1990; 52 SDR 55, effective December 2, 2025.

ARSD 67:12:18:03 Determination of principal wage earner, Repealed

67:12:18:03. Determination of principal wage earner. Repealed.

History

Source: 17 SDR 53, effective October 16, 1990; 52 SDR 55, effective December 2, 2025.

ARSD 67:12:18:04 Criteria used to establish unemployment, Repealed

67:12:18:04. Criteria used to establish unemployment. Repealed.

History

Source: 17 SDR 53, effective October 16, 1990; 52 SDR 55, effective December 2, 2025.

ARSD 67:12:18:05 Circumstances under which a PWE is not considered unemployed, Repealed

67:12:18:05. Circumstances under which a PWE is not considered unemployed. Repealed.

History

Source: 17 SDR 53, effective October 16, 1990; 52 SDR 55, effective December 2, 2025.

ARSD 67:12:18:06 Initial eligibility, Repealed

67:12:18:06. Initial eligibility. Repealed.

History

Source: 17 SDR 53, effective October 16, 1990; 17 SDR 153, effective April 16, 1991; 52 SDR 55, effective December 2, 2025.

ARSD 67:12:18:07 Continuing eligibility, Repealed

67:12:18:07. Continuing eligibility. Repealed.

History

Source: 17 SDR 53, effective October 16, 1990; 17 SDR 153, effective April 16, 1991; 52 SDR 55, effective December 2, 2025.

ARSD 67:12:18:08 Cash assistance limited -- Family continues to be eligible for medical assistance, Repealed

67:12:18:08. Cash assistance limited -- Family continues to be eligible for medical assistance. Repealed.

History

Source: 17 SDR 53, effective October 16, 1990; 52 SDR 55, effective December 2, 2025.

ARSD 67:12:18:09 JOBS participation required before payment made, Repealed

67:12:18:09. JOBS participation required before payment made. Repealed.

History

Source: 17 SDR 53, effective October 16, 1990; 52 SDR 55, effective December 2, 2025.

ARSD 67:12:18:10 Sanctions for parents not cooperating with JOBS, Repealed

67:12:18:10. Sanctions for parents not cooperating with JOBS. Repealed.

History

Source: 17 SDR 53, effective October 16, 1990; 52 SDR 55, effective December 2, 2025.

ARSD Article 67:12 — ASSISTANCE PAYMENTS

SOCIAL SERVICES SOCIAL SERVICES

Chapter 67:12:01

ARSD 67:12:01:01 Definitions

ARSD 67:12:01:02 Application -- Inquiry, Repealed

ARSD 67:12:01:03 Signed application

ARSD 67:12:01:03.01 Client has right to be assisted or represented

ARSD 67:12:01:04 Repealed

ARSD 67:12:01:05 Method of determining initial and continuing eligibility

ARSD 67:12:01:06 Determination of eligibility within forty-five days

ARSD 67:12:01:06.01 Applicant to provide information promptly

ARSD 67:12:01:07 Prompt determination of continuing eligibility

ARSD 67:12:01:08 Proper application of time standards

ARSD 67:12:01:09 Case record to contain facts on eligibility decisions

ARSD 67:12:01:10 Applicants to be informed in writing and orally

ARSD 67:12:01:11 Date entitlement for financial assistance begins

ARSD 67:12:01:12 Recipient to report change of circumstances

ARSD 67:12:01:12.01 Repealed

ARSD 67:12:01:13 Full determination of continuing eligibility

ARSD 67:12:01:14 Citizenship and alienage

ARSD 67:12:01:14.01 Deeming of sponsor's income and resources to alien when sponsor is an individual -- Cooperation of sponsor is condition of eligibility

ARSD 67:12:01:14.02 Aliens exempt from sponsor deeming

ARSD 67:12:01:14.03 Eligibility of alien sponsored by public or private organization or agency -- Cooperation of sponsor is condition of eligibility

ARSD 67:12:01:15 Determination of residence of child in aid to families with dependent children program

ARSD 67:12:01:16 Residence determination for applicants or recipients who leave the state

ARSD 67:12:01:17 Eligibility of applicant or recipient who receives assistance from another state

ARSD 67:12:01:18 Termination to result if caseworker cannot locate recipient applicant

ARSD 67:12:01:19 Age requirements for aid to families with dependent children

ARSD 67:12:01:20 Repealed

ARSD 67:12:01:21 "Regularly attending school" defined

ARSD 67:12:01:22 "Full-time" and "half-time" student defined

ARSD 67:12:01:23 Medical-only coverage for certain children and pregnant women

ARSD 67:12:01:23.01 Repealed

ARSD 67:12:01:24 Repealed

ARSD 67:12:01:25 Beginning of eligibility when only year of birth known

ARSD 67:12:01:26 Repealed

ARSD 67:12:01:27 Specific degree of relationship between child and parent or relative

ARSD 67:12:01:28 Repealed

ARSD 67:12:01:29 Deprivation of parental support or care because of continued absence from the home

ARSD 67:12:01:30 Absence of parent because of employment, seeking employment, or attending school

ARSD 67:12:01:31 Absence of parent due to hospitalization, imprisonment, and deportation

ARSD 67:12:01:32 Absence of parent due to uniformed service

ARSD 67:12:01:33 Absence of parent if mother not married to father of child

ARSD 67:12:01:34 Absence of parent due to divorce or separate maintenance decrees

ARSD 67:12:01:35 Absence of parent by mutual agreement of separation

ARSD 67:12:01:36 Repealed

ARSD 67:12:01:37 Absence of parent in unstable family situation

ARSD 67:12:01:38 Repealed

ARSD 67:12:01:39 Deprivation of parental support or care because of physical or mental incapacity of parent

ARSD 67:12:01:40 Determination of incapacity by disability incapacity consultation team

ARSD 67:12:01:41 Definition of "physical or mental incapacity."

ARSD 67:12:01:42 Patient's consent for release of medical information

ARSD 67:12:01:43 Medical examinations if information not available -- Choice of examiners

ARSD 67:12:01:44 Psychiatric reports and records from mental hospital may be sufficient

ARSD 67:12:01:45 Basis for payments for medical examinations and reports -- Authorization required for intensive procedures

ARSD 67:12:01:46 Incapacity related to ability to carry full-time job

ARSD 67:12:01:47 Repealed

ARSD 67:12:01:48 Parents receiving disability payments under other programs

ARSD 67:12:01:48.01 Eligibility of parents participating in vocational rehabilitation training programs

ARSD 67:12:01:49 Cessation of incapacity

ARSD 67:12:01:50 Temporary absence of child or payee relative

ARSD 67:12:01:51 Emergency payee

ARSD 67:12:01:52 Unsuitable home

ARSD 67:12:01:53 Man not married to mother and living in household

ARSD 67:12:01:54 Inclusion of caretaker relative other than parent in aid to families with dependent children grant

ARSD 67:12:01:55 Eligibility of second parent in aid to families with dependent children grant

ARSD 67:12:01:56 Repealed

ARSD 67:12:01:57 Confidentiality of client's records

ARSD 67:12:01:58 Repealed

ARSD 67:12:01:59 Repealed

ARSD 67:12:01:60 Date of entitlement for medical coverage

ARSD 67:12:01:61 Transferred

ARSD 67:12:01:61.01 Continued medical coverage -- Child support

ARSD 67:12:01:61.02 Transferred

ARSD 67:12:01:63 Repealed

ARSD 67:12:01:64 Repealed

ARSD 67:12:01:65 Repealed

ARSD 67:12:01:66 Cooperation of caretaker relative as condition of eligibility

ARSD 67:12:01:66.01 Cooperation of applicant or recipient not required

ARSD 67:12:01:66.02 Applicant or recipient to establish good cause