ARSD Article 67:10 — TEMPORARY ASSISTANCE TO NEEDY FAMILIES

Chapter 67:10:01 General provisions

ARSD 67:10:01:01 Definitions

Abbreviations and terms used in this article mean:

(1) "Applicant," an individual who has directly or through a caretaker relative applied for TANF from the department and whose application has not been denied or withdrawn;

(2) "Assistance unit," an individual or a group of related individuals within a household whose needs are recognized in one assistance grant;

(3) "BIA," the Bureau of Indian Affairs;

(4) "Caretaker relative," a parent or relative with one of the specific degrees of relationship found in § 67:10:01:06 who lives in the home and has the actual care and control of the child;

(5) "Dependent child," a child who has not attained 18 years of age or has not attained 19 years of age and is a full-time student in a secondary school and who has been deprived of support or care of a parent because of the parent's death, continued absence from the home, or physical or mental incapacity, or who is a child of unemployed parents who is living with the parents in a residence maintained by the parents as their home;

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

(7) "Parent," the natural parent, adoptive parent, or stepparent;

(8) "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 assistance is applied for or received;

(9) "Qualified alien," a legal alien who arrived in the United States after August 21, 1996, who meets either the requirements of Pub. L. 104-193, § 431(b) (110 Stat. 2274) (August 22, 1996) or the requirements of Pub. L. 104-193, § 403(b)(2) (110 Stat. 2265) (August 22, 1996);

(10) "Recipient," an individual who is receiving assistance under this article whose needs are budgeted pursuant to chapter 67:10:05 to determine the amount of the cash payment;

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

(12) "SSI," supplemental security income; and

(13) "TANF," temporary assistance to needy families.

History

Source: 24 SDR 24, effective August 31, 1997.
General Authority: SDCL 28-7A-3(1).
Law Implemented: SDCL 28-7A-3(1).

ARSD 67:10:01:02 Certain children eligible for assistance

A child is eligible for assistance under this article if the child is a dependent child and the child and the child's assistance unit meet the criteria contained in this article.

History

Source: 24 SDR 24, effective August 31, 1997.
General Authority: SDCL 28-7A-3(1).
Law Implemented: SDCL 28-7A-3(1).

ARSD 67:10:01:03 Signed application

The caretaker relative of the dependent child for whom assistance is being requested must submit a signed application to the department.

History

Source: 24 SDR 24, effective August 31, 1997.
General Authority: SDCL 28-7A-3(1)(8).
Law Implemented: SDCL 28-7A-3(1)(8), 28-7A-8.

ARSD 67:10:01:04 Individuals who must be included in assistance unit -- Option for Indian stepparent or child in foster care

Individuals who must be included in assistance unit -- Option for Indian stepparent** or child in foster care . Unless specifically ineligible under this article for a reason other than not being needy, 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 dependent child's brothers and sisters, including blood-related or adoptive brothers and sisters who meet the definition of a dependent child;

(2) The parent of the dependent child; and

(3) Except for an Indian stepparent in Indian country who is under the exclusive jurisdiction of a tribe for purposes of determining the domestic relations rights of the family, the dependent child's stepparent.

The following individuals have the option to 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:

(a) An Indian stepparent in Indian country who is under the exclusive jurisdiction of a tribe for purposes of determining the domestic relations rights of the family; or

(b) A child in foster care who meets the specified degree of relationship to be included in the assistance unit.

Cross Reference: Specific degree of relationshipb between child and parent or relative, § 67:10:01:06.

History

Source: 24 SDR 24, effective August 31, 1997; 43 SDR 31, effective September 12, 2016.
General Authority: SDCL 28-7A-3(1).
Law Implemented: SDCL 28-7A-3(1).

ARSD 67:10:01:05 Individuals ineligible for assistance

The following individuals are ineligible for assistance under this article:

(1) An individual who 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;

(2) An individual who 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, supplemental nutrition assistance, supplemental security income, or TANF benefits from two or more programs simultaneously. The period of ineligibility is ten years and begins with the date of the conviction;

(3) Unless the child is required to be included in the assistance unit under § 67:10:01:04, a dependent child not meeting the relationship criteria of § 67:10:01:06;

(4) A parent or sibling who is an alien and is ineligible for TANF because the parent or sibling does not meet the citizenship and alienage requirements;

(5) A caretaker relative other than the parent;

(6) SSI recipients; and

(7) Other than a parent, an individual not meeting the definition of a dependent child.

History

Source: 24 SDR 24, effective August 31, 1997; 36 SDR 103, effective December 21, 2009; 46 SDR 149, effective July 2, 2020.
General Authority: SDCL 28-7A-3(1).
Law Implemented: SDCL 28-7A-3(1).

ARSD 67:10:01:06 Specific degree of relationship between child and parent or relative

Except for an emergency payment made under § 67:10:07:13, there must be a specific degree of relationship between a child and the parent or relative with whom the child is living in order for the child to be eligible for assistance. Acceptable degrees of relationship are as follows:

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

(2) A person who achieves the degree of relationship specified in subdivision (1) of this section by the process of legal adoption;

(3) Spouses of any of the relatives specified in subdivisions (1) or (2) of this section, even though the marriage is terminated by death or divorce; and

(4) Any of the individuals listed in subdivisions (1), (2), or (3) of this section who have a step relationship with the child, even though the marriage is terminated by death or divorce.

History

Source: 24 SDR 24, effective August 31, 1997; 28 SDR 1, effective July 18, 2001.
General Authority: SDCL 28-7A-3(1).
Law Implemented: SDCL 28-7A-3(1).

ARSD 67:10:01:07 Citizenship and alienage

As a condition of eligibility for assistance, 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 the individual's immigration status and provide the department with documents that confirm the immigration status.

History

Source: 24 SDR 24, effective August 31, 1997.
General Authority: SDCL 28-7A-3(1)(12).
Law Implemented: SDCL 28-7A-3(1)(12).

ARSD 67:10:01:08 Assistance for qualified alien

A qualified alien is ineligible for assistance under this article for five years unless the alien meets the requirements contained in Pub. L. 104-193, 402(b)(2) (110 Stat. 2264) (August 22, 1996). The five-year period begins with the date the alien entered the United States.

Cross-Reference: Limited eligibility for designated federal programs, Pub. L. No. No.104-193, § 402(b) (110 Stat. 2264) (August 22, 1996).

History

Source: 24 SDR 24, effective August 31, 1997.
General Authority: SDCL 28-7A-3(1)(12).
Law Implemented: SDCL 28-7A-3(1)(12).

ARSD 67:10:01:09 Residency

To be eligible for assistance under this article, an individual must be a resident of South Dakota. When determining residency, the department shall consider the following:

(1) A child is a resident of South Dakota if the caretaker relative is a resident of South Dakota. The caretaker relative is considered a resident when physically present in the state with an expressed intent to remain, including when entering the state with a job commitment or when seeking employment in the state;

(2) An individual who leaves South Dakota voluntarily is considered a resident of the state to which the individual moves, unless the individual declares an intention to return to South Dakota;

(3) If an individual receives assistance from another state, the individual is not considered a resident of South Dakota;

(4) 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 shall be terminated;

(5) If an individual expects to be outside South Dakota for a temporary period of time for the purposes of attending school, visiting, or the like, the individual is considered a resident of South Dakota as long as the individual continues to provide a home to which the dependent child can return at any time and continues to have primary responsibility for the major decisions as to the dependent child's discipline and welfare; and

(6) If a recipient has lived long enough in another state to indicate that the absence is not temporary and is coupled with a declaration of intent to make that state the recipient's home, the department shall refer the recipient to the other state to apply for assistance. Assistance from South Dakota may continue for no more than three months after the referral.

History

Source: 24 SDR 24, effective August 31, 1997.
General Authority: SDCL 28-7A-3(1).
Law Implemented: SDCL 28-7A-3(1).

ARSD 67:10:01:10 Child considered to be living with caretaker relative if attending boarding school or treatment program

A child who attends a boarding school, including a school for the blind or a school for the deaf, or who is in a treatment program is considered to be living in the home of the caretaker relative as long as the caretaker relative continues to provide a home to which the child can return at any time and continues to have primary responsibility for the major decisions as to the child's discipline and welfare.

Cross-Reference: Specific degree of relationship between child and parent or relative, § 67:10:01:06.

History

Source: 24 SDR 24, effective August 31, 1997.
General Authority: SDCL 28-7A-3(1).
Law Implemented: SDCL 28-7A-3(1).

ARSD 67:10:01:11 Temporary absence of child -- Caretaker relative required to notify department

Eligibility of a dependent child is not affected if the child has been or is expected to be absent from the home for a period of not more than 90 consecutive days as long as the caretaker relative continues to provide a home to which the child can return at any time and continues to have primary responsibility for the major decisions as to the child's discipline and welfare.

The caretaker relative must notify the department of the child's absence within five days of the date it becomes clear to the parent that the child will be absent for 90 days. If the caretaker relative fails to notify the department, the caretaker relative is ineligible for assistance and an overpayment results.

Cross-Reference: Pub. L. No. 104-193, § 408(a)(10) (110 Stat. 2139) (August 22, 1996).

History

Source: 24 SDR 24, effective August 31, 1997.
General Authority: SDCL 28-7A-3(1)(12).
Law Implemented: SDCL 28-7A-3(1)(12).

ARSD 67:10:01:12 Mandatory participation in work activities

As a condition of eligibility, an individual requesting assistance under this article shall participate in the work activities established in chapter 67:10:06.

If an individual is ineligible for assistance under subdivision 67:10:01:05(1), (2), or (4), or is disqualified under the provisions of chapter 67:10:09, the individual shall participate in the work activities established in chapter 67:10:06 as a condition of eligibility for the assistance unit.

History

Source: 24 SDR 24, effective August 31, 1997; 24 SDR 177, effective June 22, 1998; 26 SDR 168, effective July 1, 2000; 46 SDR 149, effective July 2, 2020.
General Authority: SDCL 28-7A-3(2)(12), 28-7A-10.
Law Implemented: SDCL 28-7A-3(2)(12), 28-7A-10.

ARSD 67:10:01:13 Repealed

Individual ineligible if convicted of certain offenses.** Repealed.

History

Source: 24 SDR 24, effective August 31, 1997; 46 SDR 149, effective July 2, 2020.

ARSD 67:10:01:14 Eligibility restrictions for a parent under age 18

Eligibility for a parent who is under age 18 and not married is limited to an individual who meets all of the following criteria:

(1) Is living with a parent, legal guardian, or adult relative who meets the requirements of § 67:10:01:06;

(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, Pub. L. No. 104-193, § 408(a)(4) (110 Stat. 2135) (August 22, 1996); No assistance for teenage parents not living in adult-supervised settings, Pub. L. No. 104-193, § 403(a)(5) (110 Stat. 2136) (August 22, 1996); Protective payee for minor parent not living with parent, legal guardian, or relative, § 67:10:07:06.

History

Source: 24 SDR 24, effective August 31, 1997.
General Authority: SDCL 28-7A-3(1)(12).
Law Implemented: SDCL 28-7A-3(1)(12).

ARSD 67:10:01:15 Exceptions to eligibility requirements for parents under age 18

The department shall waive the requirement contained in subdivision 67:10:01:14(1) if one of the following conditions exists:

(1) There is no living adult relative or legal guardian;

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

(3) The department determines that it is not in the best interests of the minor parent and child to live with an adult relative or legal guardian.

The determination made in subdivision (3) of this section is based on evidence such as police reports, physician statements, and school records, which indicates 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 parenting skills, including child development, family budgeting, and health and nutrition, and other skills to promote the minor parent's long-term economic independence and the well-being of the child.

Cross-Reference: Exceptions to living arrangements, Pub. L. No. 104-193, § 408(a)(5)(B) (110 Stat. 2136) (August 22, 1996).

History

Source: 24 SDR 24, effective August 31, 1997.
General Authority: SDCL 28-7A-3(1)(12).
Law Implemented: SDCL 28-7A-3(1)(12).

ARSD 67:10:01:16 Assistance unit ineligible after 60 months

An assistance unit that includes a parent who has received assistance for 60 months is ineligible for assistance under this article unless the unit meets the hardship criteria contained in § 67:10:01:16.01. This limit applies to those cases in which the parent is ineligible for assistance under the provisions of subdivision 67:10:01:05(1), (2), or (4) and to those cases in which the parent is disqualified from assistance under the provisions of chapter 67:10:09. The 60 months do not have to be consecutive and do not begin to count until December 1996.

In determining the number of months the parent received assistance, the department shall disregard 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 any months during which the parent lived on an Indian reservation if, during the month, at least 50 percent of the adults living on the reservation were unemployed.

Cross-References: No assistance for more than five years, Pub. L. 104-193, § 408(a)(7) (110 Stat. 2137) (August 22, 1996); Disregard of months of assistance received by adult while living on an Indian reservation or in an Alaskan native village with 50 percent unemployment, Pub. L. No. 105-33, § 5505(d)(2)(D) (111 Stat. 611) (August 5, 1997).

History

Source: 24 SDR 24, effective August 31, 1997; 24 SDR 177, effective June 22, 1998; 26 SDR 168, effective July 1, 2000; 28 SDR 84, effective December 20, 2001; 46 SDR 149, effective July 2, 2020.
General Authority: SDCL 28-7A-3(1)(3)(12).
Law Implemented: SDCL 28-7A-3(1)(3)(12).

ARSD 67:10:01:16.01 Hardship criteria for assistance unit ineligible after 60 months

An assistance unit that is ineligible for assistance because of the limits established in § 67:10:01:16 may continue to receive cash assistance if one of the following conditions is met:

(1) The physical or mental condition of the parent is expected to last longer than 30 days and prevents the parent from entering the work force;

(2) The physical or mental condition of a spouse or child residing in the home is expected to last longer than 30 days and prevents the parent from entering the work force;

(3) The low intellectual function of the parent prevents the parent from entering the work force or significantly limits earning ability; or

(4) The assistance unit has a family safety issue that prevents the parent from entering the work force. A family safety issue includes instances such as the assistance unit being homeless or involved in a domestic abuse situation.

Cross-Reference: State option to extend coverage beyond 60 months -- Limitations, 45 C.F.R. § 264.1(c)(1).

History

Source: 28 SDR 84, effective December 20, 2001.
General Authority: SDCL 28-7A-3(1)(3)(12).
Law Implemented: SDCL 28-7A-3(1)(3)(12).

ARSD 67:10:01:17 Applicants or recipients to take advantage of all income and resources

An applicant or recipient of assistance under this article must take advantage of all income and resources to which the applicant or recipient is entitled, such as social security, workers' compensation, and unemployment compensation. Failure or refusal to do so affects the applicant's or recipient's eligibility status.

History

Source: 24 SDR 24, effective August 31, 1997.
General Authority: SDCL 28-7A-3(1).
Law Implemented: SDCL 28-7A-3(1).

ARSD 67:10:01:18 Method of determining initial and continuing eligibility

Initial and continuing eligibility for assistance is based on factual statements submitted by the assistance unit. The department shall verify, through personal contacts or home visits, items such as living arrangements, family composition, school enrollment, resources, and income.

History

Source: 24 SDR 24, effective August 31, 1997.
General Authority: SDCL 28-7A-3(1)(3).
Law Implemented: SDCL 28-7A-3(1)(3).

ARSD 67:10:01:19 Applicant to provide information promptly

An applicant must provide the information and verifications needed to determine initial eligibility no later than 30 days from the date of the signed application. Failure to provide the needed information and verification shall result in a denial of the application.

History

Source: 24 SDR 24, effective August 31, 1997; 36 SDR 103, effective December 21, 2009.
General Authority: SDCL 28-7A-3(1).
Law Implemented: SDCL 28-7A-3(1).

ARSD 67:10:01:20 Determination of eligibility within 30 days

The period between the date the signed application is received by the department and the date that the application is approved or denied may not exceed 30 calendar days. If the 30^th day falls on a weekend or holiday, the notice shall be sent on the next working day.

History

Source: 24 SDR 24, effective August 31, 1997; 36 SDR 103, effective December 21, 2009.
General Authority: SDCL 28-7A-3(1).
Law Implemented: SDCL 28-7A-3(1), 28-7A-8.

ARSD 67:10:01:21 Date financial assistance begins

Financial assistance may not begin before the date of application.

History

Source: 24 SDR 24, effective August 31, 1997.
General Authority: SDCL 28-7A-3(1).
Law Implemented: SDCL 28-7A-3(1).

ARSD 67:10:01:22 Assistance denied or terminated if caseworker cannot locate recipient or applicant

The department shall terminate assistance if it cannot locate a recipient. The department shall reject an application if it cannot locate the applicant.

History

Source: 24 SDR 24, effective August 31, 1997.
General Authority: SDCL 28-7A-3(1).
Law Implemented: SDCL 28-7A-3(1).

ARSD 67:10:01:23 Assistance unit to report change of circumstances

An assistance unit not required to report according to § 67:10:05:14 must notify the department of any material change of circumstances within 10 days after the date the change occurred.

An assistance unit required to report according to § 67:10:05:14 is required to report to the department by the 10^th day of the month following the month an increase in income occurred if the increase results in the assistance unit's income exceeding the needs standard for the family size and living arrangements according to chapter 67:10:05.

Cross-Reference: Completed report form required, § 67:10:05:14.

History

Source: 24 SDR 24, effective August 31, 1997; 36 SDR 103, effective December 21, 2009.
General Authority: SDCL 28-7A-3(1)(3)(4).
Law Implemented: SDCL 28-7A-3(1)(3)(4).

ARSD 67:10:01:24 Full determination of continuing eligibility

An assistance unit is required to complete a new application at least once every 12 months. If the assistance unit does not complete the new application within the required time, eligibility ceases.

History

Source: 24 SDR 24, effective August 31, 1997; 36 SDR 103, effective December 21, 2009.
General Authority: SDCL 28-7A-3(1)(3).
Law Implemented: SDCL 28-7A-3(1)(3), 28-7A-14.

ARSD 67:10:01:25 Individual to supply necessary information

In addition to the cooperation requirements contained in SDCL 28-7A-6, an individual must provide the department with the necessary verifications to establish initial or continuing eligibility or information necessary for federal reporting requirements or quality control efforts. Failure or refusal to supply the necessary information results in the denial of an application or the termination of current benefits.

An alien who fails or refuses to obtain the cooperation of the alien's sponsor is ineligible for assistance.

History

Source: 24 SDR 24, effective August 31, 1997.
General Authority: SDCL 28-7A-3(1)(3).
Law Implemented: SDCL 28-7A-3(1)(3).

ARSD 67:10:01:26 Individual to supply third-party liability information -- Penalty

The department may request information from the individual concerning the existence of actual or potential third-party liability coverage for medical expenses. If the individual refuses to provide the information, the department shall impose the penalty contained in § 67:10:06:23, unless the good cause criteria contained in § 67:10:01:27 is met.

History

Source: 24 SDR 24, effective August 31, 1997; 28 SDR 1, effective July 18, 2001.
General Authority: SDCL 28-7A-3(4).
Law Implemented: SDCL 28-7A-3(4).

ARSD 67:10:01:27 Good cause for refusing to cooperate

For the purposes of SDCL 28-7A-6, an individual may establish good cause for refusing to cooperate 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 the individual to cooperate:

(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) Physical or emotional harm can reasonably be expected to come to the child for whom support is being sought;

(4) Physical or emotional harm can reasonably be expected to come to the mother or other caretaker relative with whom the child is living which would significantly reduce her capacity to care for the child; or

(5) The department, a licensed private social services agency, or a tribal or BIA social services 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.

Cross-Reference: Reduction or elimination of assistance for noncooperation in establishing paternity or obtaining child support, Pub. L. No. 104-193, § 488(a)(2) (110 Stat. 2135) (August 22, 1996).

History

Source: 24 SDR 24, effective August 31, 1997.
General Authority: SDCL 28-7A-3(1)(4)(12).
Law Implemented: SDCL 28-7A-3(1)(4)(12).

ARSD 67:10:01:28 Good cause -- Individual to provide timely evidence -- Extensions -- Failure to respond

An individual who submits a written good cause claim under § 67:10:01:27 must provide confirming evidence within 20 days after the date the claim was made to the department. The department shall allow an extension of time if it determines that the individual requires the extension because of difficulty in obtaining evidence. If the individual does not respond within 20 days or within the extension period, the department shall determine that good cause does not exist and the notice requirements of § 67:10:01:33 apply.

History

Source: 24 SDR 24, effective August 31, 1997.
General Authority: SDCL 28-7A-3(1)(4).
Law Implemented: SDCL 28-7A-3(1)(4).

ARSD 67:10:01:29 Evidence of good cause

To meet the requirements of § 67:10:01:27, the department shall accept any of the following as evidence of good cause:

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

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

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

(4) Medical records which indicate the emotional health history and present health status of the caretaker relative or the child for whom support is 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;

(5) A written statement from a public or private agency confirming that the caretaker relative is being assisted in resolving the issue of whether to keep the child or give it up for adoption; or

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

History

Source: 24 SDR 24, effective August 31, 1997.
General Authority: SDCL 28-7A-3(1)(4).
Law Implemented: SDCL 28-7A-3(1)(4).

ARSD 67:10:01:30 Criteria for basing good cause on emotional harm

The department shall determine that emotional harm exists if the individual can demonstrate that an emotional impairment substantially affects the individual's ability to function. The department considers the following when determining that emotional harm exists:

(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 as set forth in § 67:10:01:25; and

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

History

Source: 24 SDR 24, effective August 31, 1997.
General Authority: SDCL 28-7A-3(1)(4).
Law Implemented: SDCL 28-7A-3(1)(4).

ARSD 67:10:01:31 Department to investigate good cause claims

The department may investigate any good cause claim; however, the department shall investigate all good cause claims which are based on anticipated physical harm whenever the claim of physical harm cannot be supported by the evidence and the department believes the claim is credible.

History

Source: 24 SDR 24, effective August 31, 1997.
General Authority: SDCL 28-7A-3(1)(4).
Law Implemented: SDCL 28-7A-3(1)(4).

ARSD 67:10:01:32 Departmental contact with absent parent

While conducting a good cause investigation, the department may determine that it is necessary to contact the absent parent. Before contacting the absent parent, the department shall notify the applicant or recipient of its intention to contact the absent parent and shall allow the applicant or recipient to:

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

(2) Decide not to receive assistance;

(3) Withdraw the good cause claim;

(4) Request a hearing; or

(5) If the child is not required to be a part of the assistance unit according to § 67:10:01:04, have the child removed from the application.

The department may not contact the absent parent if the applicant or recipient chooses to exercise any of the above options.

History

Source: 24 SDR 24, effective August 31, 1997.
General Authority: SDCL 28-7A-3(1)(4).
Law Implemented: SDCL 28-7A-3(1)(4).

ARSD 67:10:01:33 Department to determine good cause and notify individual -- Contents of notice

Based on the evidence supplied by the individual or the department's own investigation, or a combination of both, the department shall determine whether good cause exists. If the department determines that good cause does not exist, the department shall notify the individual according to §§ 67:10:10:02 and 67:10:10:03. The notice shall afford the individual 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 § 67:10:01:04, have the child removed from the application. The notice shall include a statement that the individual's refusal to cooperate will result in ineligibility for assistance.

History

Source: 24 SDR 24, effective August 31, 1997.
General Authority: SDCL 28-7A-3(1)(4).
Law Implemented: SDCL 28-7A-3(1)(4).

ARSD 67:10:01:34 Biannual redetermination of good cause -- Notice of rescindment

The department shall biannually review all approved good cause claims which are established on circumstances subject to change. If the department determines that good cause no longer exists, it shall rescind the original good cause determination and shall notify the recipient of this fact and the reasons for the rescindment. The notice shall afford the recipient the opportunity to agree in writing to cooperate; have assistance terminated or, if the child is not required to be a part of the assistance unit according to § 67:10:01:04, remove the specific child from the grant; reestablish the good cause claim; or appeal the department's determination by requesting a fair hearing under chapter 67:17:02.

History

Source: 24 SDR 24, effective August 31, 1997.
General Authority: SDCL 28-7A-3(3)(4).
Law Implemented: SDCL 28-7A-3(3)(4), 28-7A-14.

ARSD 67:10:01:35 Availability of information

Information in the department's possession that concerns an applicant or recipient is considered confidential, and its use is limited to purposes directly related to the administration of the TANF program. The following uses or purposes are considered to be directly related to the administration of the TANF program:

(1) Establishing eligibility for the TANF program;

(2) Determining the amount of TANF assistance;

(3) Providing services to or on behalf of an eligible individual; and

(4) Conducting or assisting in an investigation, prosecution, or civil or criminal proceeding relating to the administration of the TANF assistance program.

For purposes of a fair hearing, the appellant or a representative of the appellant must have an opportunity, during normal office hours, to examine the contents of the appellant's case record and all documents and records to be used by the department at the hearing.

On request from a federal, state, tribal, or local law enforcement officer, the department shall furnish the officer with the current address of any recipient. The information must be needed to enable the law enforcement office to conduct official duties.

Cross-References:

Exchange of information with law enforcement agencies, Pub. L. No. 104-193, § 408(a)(9)(B) (110 Stat. 2139) (August 22, 1996).

Public assistance records confidential -- Exceptions, SDCL 28-1-29.

History

Source: 24 SDR 24, effective August 31, 1997; 26 SDR 168, effective July 1, 2000; 36 SDR 103, effective December 21, 2009.
General Authority: SDCL 28-7A-3(12).
Law Implemented: SDCL 28-7A-3(12).

ARSD 67:10:01:35.01 Release of confidential information

An individual or entity outside of the department requesting confidential information about an applicant or recipient must make the request in writing. The information being requested must be for the purposes provided in § 67:10:01:35.

The department must receive an authorization form completed and signed by the applicant or recipient or the applicant's or recipient's parent or guardian before the department may release any confidential information. The department must have the original, completed, and signed form in its possession before releasing any confidential information.

The department may not disclose information received from a source other than the applicant or recipient or the applicant's or recipient's parent or guardian even if an authorization form regarding the requested information is provided to the department.

Federal agencies that oversee the department's TANF program, other federally-funded, state-administered public assistance programs, and other state-administered programs that have data use agreements with the department are exempt from the provisions of this section.

History

Source: 36 SDR 103, effective December 21, 2009.
General Authority: SDCL 28-7A-3(12).
Law Implemented: SDCL 28-7A-3(12).

Chapter 67:10:02 Deprivation

ARSD 67:10:02:01 Definitions

Definitions** . Terms used in this chapter mean:

(1) "Disability/incapacity consultation team," a three-member team consisting of a consultant physician, a consultant nurse, and a representative from the department;

(2) "Unemployment insurance" or "UI," unemployment insurance benefits available through the Department of Labor and Regulation.

History

Source: 24 SDR 24, effective August 31, 1997; 39 SDR 220, effective June 27, 2013.
General Authority: SDCL 28-7A-3(1)(3).
Law Implemented: SDCL 28-7A-3(1)(3).

ARSD 67:10:02:02 Deprivation of parental support or care

In order to receive assistance under this article, a child must be deprived of parental support or care. The department considers that a child is deprived of parental support or care if any of the following situations exist:

(1) A parent is physically absent from the home and facts exist supporting the presumption that the absence will continue for a period longer than 30 days. The department considers that a parent is physically present in the home if evidence exists that the parent was in the home for four consecutive days during a 30-day period or if there are other facts, such as employment applications, bank records, or witness statements which support a presumption that the parent is physically present. A child who has a parent gone from the home only because the parent is performing active duty for the United States uniformed services, is seeking employment, is employed elsewhere, or is attending school is not considered deprived of parental support or care and the parent is not considered absent from the home unless estrangement from the spouse has also occurred and the parent has not returned to the home for four consecutive days following the estrangement;

(2) A parent is hospitalized for either a physical or a mental problem and the hospitalization is expected to last at least 30 days;

(3) A parent is participating in an inpatient drug or alcohol treatment program and the treatment program is expected to last at least 30 days;

(4) A parent is imprisoned or has been deported. Deprivation exists if the parent is a convicted offender, is serving a court-imposed sentence, and is permitted to live at home while earning no income and performing unpaid public work or unpaid community service during the work day;

(5) A parent is mentally or physically incapacitated; or

(6) The parents are unemployed.

If the parent is an Indian stepparent in Indian country who is under the exclusive jurisdiction of a tribe for purposes of determining the domestic relations rights of the family, the stepparent's presence in the home is not a factor when determining if a child is deprived of parental support or care.

History

Source: 24 SDR 24, effective August 31, 1997.
General Authority: SDCL 28-7A-3(1)(3).
Law Implemented: SDCL 28-7A-3(1)(3).

ARSD 67:10:02:03 Physical or mental incapacity of a parent

The department considers that a parent is physically or mentally incapacitated if the parent has a physical or mental illness or impairment which is expected to last for a period of at least 30 days. The incapacity must be supported by medical evidence and must be of such a debilitating nature that it substantially reduces or eliminates the parent's ability to support or care for the otherwise eligible child.

The determination of eligibility on the basis of incapacity is made by the disability/incapacity consultation team on the basis of medical evidence supplemented by a social history and a work history. Medical evidence consists of a written report from a licensed or certified physician, physician's assistant, nurse practitioner, psychologist, optometrist, chiropractor, or social worker-PIP; a copy of medical records; or the findings of an examination completed for this purpose. Medical evidence must include the individual's diagnosis and prognosis, a statement containing treatment recommendations, a statement of the individual's ability to perform work-related activities, a statement of the individual's restrictions which limit the individual's ability to perform work-related activities, and a statement as to the need for vocational training.

Incapacity is related to the ability to hold a full-time job which might reasonably be expected to provide a living for a family. When incapacity permits part-time work only, assistance is allowed only if there is a financial need and if the family is otherwise eligible. In the case of incapacity when full-time work does not provide fully for the needs of the family, assistance is allowed to supplement the family's income. If an individual is capable of performing another type of work despite the incapacity, the individual is not considered to be incapacitated.

A parent is considered incapacitated if the parent has a 100 percent disability rating from the Veterans' Administration, receives a disability payment through social security disability insurance, or receives a disability payment from SSI.

The department may request an examination if the required medical evidence is not available or is insufficient to establish incapacity. This examination, when requested, shall be completed by a licensed or certified physician, physician's assistant, nurse practitioner, psychologist, optometrist, chiropractor, or social worker-PIP.

History

Source: 24 SDR 24, effective August 31, 1997.
General Authority: SDCL 28-7A-3(1)(3).
Law Implemented: SDCL 28-7A-3(1)(3).

ARSD 67:10:02:04 Incapacity -- Basis for payments for medical examinations and reports -- Authorization required for intensive procedures

Payments for medical examinations and reports are made according to chapter 67:16:02. Routine X-ray and laboratory procedures considered necessary for the incapacity determination may be included. The individual must have prior authorization from the department if additional X rays or laboratory tests or an admission to a hospital is necessary to determine whether an incapacity exists.

History

Source: 24 SDR 24, effective August 31, 1997.
General Authority: SDCL 28-7A-3(1)(3).
Law Implemented: SDCL 28-7A-3(1)(3).

ARSD 67:10:02:05 Cessation of incapacity

If the department determines that financial need exists but the disability/incapacity consultation team determines that an incapacity no longer exists, assistance may continue for no more than three months. If the previously incapacitated recipient obtains employment during this three-month period, the department shall apply the earned income deduction according to § 67:10:03:05.

History

Source: 24 SDR 24, effective August 31, 1997.
General Authority: SDCL 28-7A-3(1)(3).
Law Implemented: SDCL 28-7A-3(1)(3).

ARSD 67:10:02:06 Deprivation because of unemployment

A child is considered to be deprived of parental support because of the parents' unemployment if the parents meet all of the following criteria:

(1) The parents' combined gross earnings from employment within the six months immediately prior to the date of application totals at least $1,500;

(2) The parents' combined work hours are expected to be less than 100 hours in the payment month or the parents' combined work hours are expected to be more than 100 hours in the payment month but the combined work hours were less than 100 hours in the two months immediately preceding the payment month and the parents' combined work hours are expected to be less than 100 hours in the month following the payment month;

(3) The parents have not, without good cause, terminated employment, reduced hours of employment, or refused an offer of employment within the six months immediately prior to the date of application;

(4) The parents are available for employment;

(5) The parents have applied for and accepted UI benefits, if applicable; and

(6) The household is otherwise eligible for assistance under this article.

History

Source: 24 SDR 24, effective August 31, 1997; 26 SDR 168, effective July 1, 2000.
General Authority: SDCL 28-7A-3(1)(3).
Law Implemented: SDCL 28-7A-3(1)(3).

ARSD 67:10:02:07 Circumstances under which parent not considered unemployed

A parent is not considered unemployed in any of the following situations:

(1) The parent is participating in a labor dispute;

(2) The parent's conduct has resulted or would result in disqualification for UI benefits under the provisions of article 47:06 and SDCL chapters 61-6 and 61-7; or

(3) The parent has been or would be disqualified for UI benefits because of the existence of other circumstances determined under the provisions of article 47:06 and SDCL chapters 61-6 and 61-7.

History

Source: 24 SDR 24, effective August 31, 1997.
General Authority: SDCL 28-7A-3(1)(3).
Law Implemented: SDCL 28-7A-3(1)(3).

Chapter 67:10:03 Income requirements

ARSD 67:10:03:01 Definitions

Terms used in this chapter mean:

(1) "Earned income," for an individual who is employed, income earned by the individual through the receipt of wages, salary, commissions, or fees in cash or in kind, before deductions such as income taxes, social security taxes, insurance premiums, or savings bonds; for an individual who is self-employed, that income remaining after deducting the business expenses allowed in § 67:10:03:12;

(2) "Gift," anything that is bestowed voluntarily and without compensation;

(3) "Vendor payment," a payment that is made directly to a third party on behalf of an assistance unit; and

(4) "WIA," the Workforce Investment Act of 1998, Pub. L. 105-220, as amended to July 1, 2009.

History

Source: 24 SDR 24, effective August 31, 1997; 36 SDR 103, effective December 21, 2009.
General Authority: SDCL 28-7A-3(1)(3).
Law Implemented: SDCL 28-7A-3(1)(3).

ARSD 67:10:03:02 Income considered

Unless otherwise excluded under the provisions of this chapter, the department considers all income in the month received. Funds held beyond the month of receipt become a resource and are considered under the provisions of chapter 67:10:04. Income includes items such as the following:

(1) Earned income;

(2) Income from unemployment insurance;

(3) Money accumulated as a result of the investment of funds, including excluded funds;

(4) Except for SSI, benefits received through the Social Security Administration;

(5) Self-employment income;

(6) Earnings received by a parent who is participating in a WIA on-the-job training program;

(7) Training allowances which duplicate a portion of the payment standard as defined in § 67:10:05:01;

(8) County welfare funds or BIA general assistance funds which duplicate a portion of the need standard; and

(9) Child support and alimony passed through to the assistance unit by the Office of Child Support Enforcement.

Cross-References:

Recurring monthly or semi-monthly income, § 67:10:03:11.

Treatment of income from ineligible individual because of an action or inaction on the part of the individual, § 67:10:03:15.

History

Source: 24 SDR 24, effective August 31, 1997; 36 SDR 103, effective December 21, 2009.
General Authority: SDCL 28-7A-3(1)(3).
Law Implemented: SDCL 28-7A-3(1)(3).

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

The following income is not considered available to meet the assistance unit's needs and is exempt from consideration:

(1) Student financial assistance such as Pell grants, supplemental educational opportunity grants, state student incentive grants, college work study, Perkins loans, guaranteed student loans, and scholarships;

(2) County welfare funds or BIA general assistance grants for medical or hospital expenses;

(3) An amount up to $100 which is received by a member of the assistance unit in the form of a gift received as a result of a recurring occasion such as a birthday or Christmas. A gift received by one member of the assistance unit without evidence that it is intended for the entire assistance unit is divided in a way that is most financially advantageous to the assistance unit if the recipient claims the gift is intended for the entire assistance unit;

(4) Interest income from a source other than a trust;

(5) Income earned by a dependent child under age 18 who is at least a half-time student;

(6) Income earned by a dependent child who is 18 years old and a full-time student;

(7) Payments received as a result of the agent orange product liability settlement (Pub. L. 101-201, as amended to July 1, 2009; Pub. L. No. 101-239, as amended to July 1, 2009);

(8) Income received as a result of participating in the WIA program, other than income received from on-the-job training;

(9) Payments received as a volunteer in the Service Corps of Retired Executives (SCORE), the Active Corps of Executives (ACE), or any other program under Title II or Title III of the federal Social Security Act (42 U.S.C. ch 7, as amended to January 1, 2014);

(10) Payments received as a volunteer under Title I (VISTA) of Pub. L. No. 93-113, as amended to July 1, 2009;

(11) Judgment funds paid under Pub. L. No. 92-254, as amended to July 1, 2009, to members of the Blackfeet Tribe of the Blackfeet Indian Reservation, Montana, and the Gros Ventre Tribe of the Fort Belknap Reservation, Montana;

(12) Per capita payments of Indian judgment funds made pursuant to the provisions of Pub. L. No. 93-134, as amended to July 1, 2009.

(13) Payments exempt from taxation under Alaska Native Claims Settlement Act, Pub. L. No. 92-203, as amended to July 1, 2009;

(14) The value of the assistance unit's supplemental nutrition assistance allotment;

(15) A loan obtained by the assistance unit in good faith and expected to be paid back as evidenced by an agreement and a repayment schedule;

(16) Educational assistance from the BIA, tribal scholarships, and tribal educational grants;

(17) Advance payments or reimbursements to the participant from the work program for child care, transportation, work-related expenses, or work-related support services. Payments and reimbursements received under this subdivision include those payments and reimbursements received by the household from the Native Employment Work program;

(18) Earned income tax credit received by a member of the assistance unit;

(19) Tax refunds;

(20) Foster care payments for a child placed into a household under court order or placed by a federal, state, tribal, or local government foster care program if the child does not meet the specified degree of relationship to be included in the assistance unit. If the foster child meets the specified degree of relationship to be included in the assistance unit, the family has the option of including the child in the assistance unit and counting the foster care payment as income available to the unit, or excluding the foster child from the assistance unit and excluding the foster care payment as income available to the unit;

(21) A reimbursement for past or future expenses to the extent it does not exceed the actual expenses being reimbursed and does not represent a gain or benefit to the household;

(22) A vendor payment unless the payment is legally obligated and otherwise payable to the assistance unit but is diverted to a third party for a household expense;

(23) A charitable donation or assistance from a business, organization, agency, community endeavor, or church which is intended and used for purposes other than the assistance unit's basic month-to-month needs; and

(24) Compensation received from the crime victim's compensation program under Article 67:55.

History

Source: 24 SDR 24, effective August 31, 1997; 26 SDR 168, effective July 1, 2000; 36 SDR 103, effective December 21, 2009; 44 SDR 94, effective December 4, 2017.
General Authority: SDCL 28-7A-3(1)(3)(12).
Law Implemented: SDCL 28-7A-3(1)(3)(12).

ARSD 67:10:03:04 Deductions from income

The department shall deduct the following from the assistance unit's countable monthly gross income:

(1) The standard earned income deduction calculated according to § 67:10:03:05; and

(2) Child support paid by a member of the assistance unit under court or administrative order or under any other legally enforceable separation agreement to maintain, in whole or in part, children in another household.

History

Source: 24 SDR 24, effective August 31, 1997.
General Authority: SDCL 28-7A-3(1)(3).
Law Implemented: SDCL 28-7A-3(1)(3).

ARSD 67:10:03:05 Standard earned income deduction

After the department determines the assistance unit's countable monthly gross income, each employed member of the assistance unit whose earned income is considered when determining the assistance grant is allowed a standard earned income deduction of $90 plus 20 percent of the individual's remaining gross earned income. If the individual is self-employed, the deduction is calculated after the allowable deductions specified in § 67:10:03:12. The standard earned income deduction may not exceed the earnings.

History

Source: 24 SDR 24, effective August 31, 1997.
General Authority: SDCL 28-7A-3(1)(3).
Law Implemented: SDCL 28-7A-3(1)(3).

ARSD 67:10:03:06 Income of parent considered available to dependent child

Except as specified in § 67:10:03:08, the income of the child's parent living in the home with the child is considered available to meet the needs of the dependent child.

History

Source: 24 SDR 24, effective August 31, 1997.
General Authority: SDCL 28-7A-3(1)(3).
Law Implemented: SDCL 28-7A-3(1)(3).

ARSD 67:10:03:07 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 assistance if the minor parent's parent lives in the same household as the minor parent and the dependent child. The department shall consider the income of the minor parent's parent available after the following disregards are applied:

(1) Ninety dollars plus 20 percent of the remaining gross earnings of each employed minor parent's parent;

(2) An amount equal to the applicable need standard contained in § 67:10:05:03 for an assistance unit having the same living arrangement and consisting of the minor parent's parent or parents living in the home and any other individual living in the home who is not a part of the assistance unit but is a dependent of the minor parent's parent;

(3) Amounts paid by the minor parent's parent to support an individual outside the home who could be claimed as a dependent;

(4) Payments by the minor parent's parent for child support and alimony to an individual outside the home; and

(5) Dependent care costs for an individual living in the home who is not a part of the assistance unit but who is a dependent of the minor parent's parent. The dependent care costs must be necessary because of the employment or training of the minor parent's parent and the cost must be paid by the minor parent's parent.

The needs of an individual who is not included in the assistance unit because of an action or inaction on the part of the individual may not be taken into consideration when computing the allowable disregards.

For purposes of this rule, a minor is one who is under age 18, regardless of school attendance or marital status.

History

Source: 24 SDR 24, effective August 31, 1997.
General Authority: SDCL 28-7A-3(1)(3).
Law Implemented: SDCL 28-7A-3(1)(3).

ARSD 67:10:03:08 Income of Indian stepparents in Indian country not considered

When determining an assistance unit's eligibility for and amount of assistance, the department may not consider the income of an Indian stepparent in Indian country if the Indian stepparent lives in the same household as the applicant or recipient stepchild but is not a member of the assistance unit.

History

Source: 24 SDR 24, effective August 31, 1997.
General Authority: SDCL 28-7A-3(1)(3).
Law Implemented: SDCL 28-7A-3(1)(3).

ARSD 67:10:03:09 Consideration of sponsor's income and resources to alien

The income and resources of an alien's sponsor and the sponsor's spouse, if any, are considered to be the unearned income and resources of the alien until the alien meets the criteria contained in Pub. L. No. 104-193, § 421(b) (110 Stat. 2270) (August 22, 1996).

History

Source: 24 SDR 24, effective August 31, 1997.
General Authority: SDCL 28-7A-3(1)(3)(12).
Law Implemented: SDCL 28-7A-3(1)(3)(12).

ARSD 67:10:03:10 Periodic and lease income considered

The department considers income received from trust land leases by the fiscal year, July 1 through June 30.

The department shall exclude up to $2,000 a year of lease income received by an Indian from real property held in trust by the federal government. If the income from the trust land lease is expected to continue to be over $2,000 after the date of application or after the date of the continuing eligibility determination, the department shall prorate for the current fiscal year the lease income received in the previous fiscal year, less $2,000, when determining eligibility and computing the assistance grant. The department may consider only that portion of income from the previous fiscal year's lease that is expected to continue in the current fiscal year.

All other periodic or contractual lease income is prorated over the length of the lease.

History

Source: 24 SDR 24, effective August 31, 1997; 36 SDR 103, effective December 21, 2009.
General Authority: SDCL 28-7A-3(1)(3).
Law Implemented: SDCL 28-7A-3(1)(3).

ARSD 67:10:03:11 Recurring monthly or semi-monthly income

If recurring monthly or semi-monthly income is not paid or received on the regular day because of mailing cycles, holidays, weekends, or similar circumstances, the department considers the income for the period the income is intended to cover.

History

Source: 24 SDR 24, effective August 31, 1997.
General Authority: SDCL 28-7A-3(1)(3).
Law Implemented: SDCL 28-7A-3(1)(3).

ARSD 67:10:03:12 Earned income from self-employment

The department considers net earned income from self-employment available to the assistance unit. To determine net income, subtract the costs of producing the income from gross income. Costs of producing the income include the cost of merchandise and building or equipment rental, but do not include depreciation, personal shelter expenses, or the purchase of capital assets, such as a building, equipment, machinery, or property. Personal expenses, such as income tax, social security tax, lunches, and transportation to and from work are not considered a cost of producing income.

Income from rental property is not considered earned income from self-employment unless an individual in the assistance unit is involved in the management of the rental business at least 20 hours a week.

History

Source: 24 SDR 24, effective August 31, 1997.
General Authority: SDCL 28-7A-3(1)(3).
Law Implemented: SDCL 28-7A-3(1)(3).

ARSD 67:10:03:13 Treatment of income from boarder

The cash contribution of a boarder is considered income if the contribution is for meals and non-shelter related expenses. If the payment includes shelter expenses, the portion stipulated for shelter is excluded from income if the amount is less than the assistance unit's monthly shelter obligation. The portion of the shelter expense contribution which exceeds the assistance unit's shelter obligation is counted as income to the assistance unit.

If the household offers board to people as a business, the provisions of § 67:10:03:12 apply.

For purposes of this rule, a boarder is an individual who pays a home owner a stipulated sum for regular meals or for meals and lodging.

History

Source: 24 SDR 24, effective August 31, 1997.
General Authority: SDCL 28-7A-3(1)(3).
Law Implemented: SDCL 28-7A-3(1)(3).

ARSD 67:10:03:14 Treatment of income from roomer

The cash contribution of a roomer is considered income if the contribution is for non-shelter related expenses. If the payment is for shelter expenses, the portion stipulated for shelter is excluded from income if the amount is less than the assistance unit's monthly shelter obligation. The portion of the shelter expense contribution which exceeds the assistance unit's shelter obligation is counted as income to the assistance unit.

If the household offers rooms to people as a business, the provisions of § 67:12:03:12 apply.

For purposes of this rule, a roomer is an individual who pays a home owner a stipulated sum for a room and generally does not receive meals in addition to the room.

History

Source: 24 SDR 24, effective August 31, 1997.
General Authority: SDCL 28-7A-3(1)(3).
Law Implemented: SDCL 28-7A-3(1)(3).

ARSD 67:10:03:15 Treatment of income from ineligible individual because of an action or inaction on the part of the individual

The income of an individual who, except for the individual's action or inaction would be required to be included in the assistance unit according to § 67:10:01:04, is considered available to meet the needs of the assistance unit.

History

Source: 24 SDR 24, effective August 31, 1997.
General Authority: SDCL 28-7A-3(1)(3)(4).
Law Implemented: SDCL 28-7A-3(1)(3)(4).

ARSD 67:10:03:16 Pre-strike income considered for individuals on strike

If an individual is on strike and the individual's income must be considered when determining eligibility and the amount of assistance, the assistance unit is ineligible unless it was or could have been found eligible for assistance the day before the strike. In making this determination, the day before the date of the strike is used as the date of application and income is considered as if the strike had not occurred.

If the department determines that the assistance unit was eligible the day before the date of the strike, eligibility and the amount of assistance is determined using either the individual's income before the strike or the individual's current earned income, whichever is higher. In either case, the department applies the standard earned income deduction to the earned income.

Cross-References: Standard earned income deduction, § 67:10:03:05; Striker defined, § 67:10:03:17.

History

Source: 24 SDR 24, effective August 31, 1997.
General Authority: SDCL 28-7A-3(1)(3).
Law Implemented: SDCL 28-7A-3(1)(3).

ARSD 67:10:03:17 Striker defined

A striker is an individual involved in a strike or concerted work stoppage, work slowdown, or interruption of work operations.

An individual is not considered a striker in the following situations:

(1) The individual's workplace is closed by the employer in order to resist demands of employees;

(2) The individual is unable to work because of striking employees, such as a newspaper delivery employee not working because striking pressmen prevent newspapers from being printed; and

(3) The individual is not a part of the bargaining unit on strike but does not want to cross a picket line because of a fear of personal injury or death.

History

Source: 24 SDR 24, effective August 31, 1997.
General Authority: SDCL 28-7A-3(1)(3).
Law Implemented: SDCL 28-7A-3(1)(3).

ARSD 67:10:03:18 Treatment of lump sum income

The first $2,000 of nonrecurring lump sum income is excluded as income. When nonrecurring income is more than $2,000, each member of the assistance unit is ineligible for assistance for the full number of months derived by dividing the amount of the nonrecurring income greater than $2,000 by the need standard for the family. If the lump sum income is the result of earned income, the department applies the earned income disregard before calculating the period of ineligibility.

Lump sum income includes gifts received as a result of a nonrecurring occasion, such as a graduation or a wedding; insurance settlements; proceeds from life insurance; personal injury awards; workers' compensation awards; retroactive payments, such as old age, survivors, and disability insurance (OASDI); child support; and windfalls, such as inheritances or lottery winnings. A windfall is a sum that is not earned, does not occur regularly, and does not represent accumulated monthly income received in a single sum.

Lump sum income earmarked and used for the purpose for which it was paid, for example, money for back medical bills resulting from an accident or injury, funeral and burial costs, replacement or repair of resources, or any portion of the lump sum designated for a specific purpose, such as attorney fees involved in obtaining the lump sum income, is subtracted from the total lump sum income amount before determining the length of ineligibility.

The department considers a change in circumstances which requires the expenditure of resources or income in connection with medical and life-threatening situations as justification for shortening the period of ineligibility.

History

Source: 24 SDR 24, effective August 31, 1997.
General Authority: SDCL 28-7A-3(1)(3).
Law Implemented: SDCL 28-7A-3(1)(3).

ARSD 67:10:03:19 Contract income intended for annual support

Contract income intended for annual support, such as a teacher's contract, is annualized when determining eligibility. To determine the annualized amount, use the annual amount stated in the contract, divide by 12, and deduct the standard earned income deduction allowed in § 67:10:03:05. If the individual is determined eligible, the income is counted when it is received and in the amount received when computing the amount of assistance.

History

Source: 24 SDR 24, effective August 31, 1997.
General Authority: SDCL 28-7A-3(1)(3).
Law Implemented: SDCL 28-7A-3(1)(3).

ARSD 67:10:03:20 Treatment of interest income from trust

The department shall annualize interest income from a trust as long as the source of the interest income continues.

History

Source: 24 SDR 24, effective August 31, 1997.
General Authority: SDCL 28-7A-3(1)(3).
Law Implemented: SDCL 28-7A-3(1)(3).

ARSD 67:10:03:21 Unearned income from rental property

Income from rental property is considered unearned income from self-employment if an individual in the assistance unit is involved in the management of the rental business less than 20 hours a week.

History

Source: 24 SDR 24, effective August 31, 1997.
General Authority: SDCL 28-7A-3(1)(3).
Law Implemented: SDCL 28-7A-3(1)(3).

ARSD 67:10:03:22 Repealed

Unearned income of student.** Repealed.

History

Source: 24 SDR 24, effective August 31, 1997; repealed, 26 SDR 168, effective July 1, 2000.

Chapter 67:10:04 Resource requirements

ARSD 67:10:04:01 Definitions

Terms used in this chapter mean:

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

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

(3) "Other real property," real property other than the individual's home or real property held in trust;

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

(5) "Real property," that property defined in SDCL 43-1-3;

(6) "Real property held in trust," that real property to which the federal government has the legal title but which is being held for the benefit of Indians and other citizens; and

(7) "Resources," real, personal, or business property such as inventories, livestock, implements, vehicles, stored grain, and similar properties; and assets which are in cash or payable in cash on demand or financial instruments which can be converted into cash within 30 workdays, such as savings or checking accounts, stocks, bonds, mutual fund shares, promissory notes, mortgages, contracts for deed, and similar properties.

History

Source: 24 SDR 24, effective August 31, 1997.
General Authority: SDCL 28-7A-3(1)(3).
Law Implemented: SDCL 28-7A-3(1)(3).

ARSD 67:10:04:02 Resources considered

When determining eligibility, the department considers all resources which are available to the members of the assistance unit and which are not otherwise excluded under the provisions of this chapter. This includes resources which a member of the assistance unit is entitled to receive but does not because of some action or inaction on the part of the member.

Resources considered are subject to the maximum resource limit established § 67:10:04:03.

History

Source: 24 SDR 24, effective August 31, 1997.
General Authority: SDCL 28-7A-3(1)(3).
Law Implemented: SDCL 28-7A-3(1)(3).

ARSD 67:10:04:03 Maximum resource limit

The maximum resource limit for an assistance unit is $2,000.

History

Source: 24 SDR 24, effective August 31, 1997.
General Authority: SDCL 28-7A-3(1)(3).
Law Implemented: SDCL 28-7A-3(1)(3).

ARSD 67:10:04:04 Resources excluded from consideration

When determining the maximum resource limit, the department excludes the following from consideration:

(1) An individual's home if it is the usual residence of the assistance unit. The residence may not include different lots and tracts unless they are contiguous or consistently or regularly used as part of the residence. If the individual has two or more homes which are used at different times, the individual may claim only one home as the residence. If the individual is temporarily absent from the home, the home may be excluded if the conditions of § 67:10:04:05 are met;

(2) Household goods essential for day-to-day living, such as clothing, furniture, appliances, utensils, and similar essential personal effects;

(3) One primary vehicle;

(4) A vehicle that has a fair market value of no more than $4,650 and is used by the assistance unit to transport members of the assistance unit, obtain or continue employment, attend training preparatory to employment, or attend school;

(5) A vehicle used by the assistance unit which is necessary to transport a member of the assistance unit who has a physical disability, or is on SSI and would be a member of the assistance unit if not on SSI;

(6) A vehicle used by the assistance unit to carry water or fuel for home heating purposes if the assistance unit does not have piped-in water or fuel for heat;

(7) An income-producing vehicle;

(8) The equity value of a prepaid burial contract up to a maximum of $1,500 if designated for use by a member of the assistance unit and if it meets the criteria established in SDCL 55-11-1, 55-11-2, and 55-11-3;

(9) Real property held in trust by the United States government for a member of the assistance unit;

(10) Burial spaces owned by a member of the assistance unit if the spaces are intended for use by a member of the assistance unit. The number of burial spaces may not exceed the number of persons in the assistance unit. Burial spaces include gravesites, crypts, mausoleums, urns or other repositories, caskets, and concrete vaults; and

(11) Educational loans and grants which are excluded as income under § 67:10:03:03 are excluded as a resource for the period the loans or grants are intended to cover.

History

Source: 24 SDR 24, effective August 31, 1997; 26 SDR 168, effective July 1, 2000.
General Authority: SDCL 28-7A-3(1)(3)(12)
Law Implemented: SDCL 28-7A-3(1)(3)(12).

ARSD 67:10:04:05 Individual temporarily absent from home -- Conditions for exclusion

If an individual is temporarily absent from the home, the home may be excluded under the following conditions:

(1) The individual intends to return to the home on a specific date;

(2) The individual agrees to immediately inform the department when and if the individual's intentions to return to the home change; and

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

History

Source: 24 SDR 24, effective August 31, 1997.
General Authority: SDCL 28-7A-3(1)(3).
Law Implemented: SDCL 28-7A-3(1)(3).

ARSD 67:10:04:06 Exclusion of earned income tax credit

An earned income tax credit received by an individual is excluded from consideration as a resource for 12 months from the date of receipt if the individual was receiving assistance at the time of receipt and continues to receive assistance.

If the individual was not receiving assistance when the tax credit was received, the tax credit is excluded from consideration in the month received and in the month following the month of receipt.

History

Source: 24 SDR 24, effective August 31, 1997; 36 SDR 103, effective December 21, 2009.
General Authority: SDCL 28-7A-3(1)(3).
Law Implemented: SDCL 28-7A-3(1)(3).

ARSD 67:10:04:07 Exclusion of funds owned by dependent child

The department excludes the first $1,000 of the cumulative balance of a dependent child's savings account, checking account, bonds, or certificates of deposits if all of the following conditions are met:

(1) The excluded funds are owned solely by the dependent child or jointly with the caretaker or another adult relative;

(2) The child is at least a half-time student;

(3) The child is employed at least part-time or has been employed at least part-time in the preceding 12 months; and

(4) A portion of the account was derived from the child's earnings.

History

Source: 24 SDR 24, effective August 31, 1997.
General Authority: SDCL 28-7A-3(1)(3).
Law Implemented: SDCL 28-7A-3(1)(3).

ARSD 67:10:04:08 Other real property to be placed on market

Other real property is valued according to its equity value. The department may waive the maximum resource limit for up to six months if the other real property is placed on the market. The department may approve an application for assistance and may pay assistance regardless of the ownership of other real property if the owner or owners sign an agreement to sell the property and to repay the department the amount of assistance received that would not have been received had the property been sold at the beginning of the period. Repayment may not exceed the amount of the net proceeds of the sale.

After signing the agreement, the owner must take immediate action to sell the property. The action to sell must consist of listing the other real property with a reputable and active real estate broker who will use best efforts to find a buyer. Listing the property in the local newspaper is not sufficient. The property must be sold for a reasonable price as determined according to § 67:10:04:09. If the property is not sold within the six-month limit or the family becomes ineligible for assistance, the department considers the entire amount of assistance paid during this period to be an overpayment.

History

Source: 24 SDR 24, effective August 31, 1997.
General Authority: SDCL 28-7A-3(1)(3).
Law Implemented: SDCL 28-7A-3(1)(3).

ARSD 67:10:04:09 Determining value of other real property

An individual must provide evidence to the department of the value of other real property which the individual owns or in which the individual has an interest. To provide this evidence, an individual must submit a list of current encumbrances of record against the property and the fair market value as determined by any of the following:

(1) A real estate appraiser;

(2) A BIA or tribal realty office;

(3) An average of three estimates from individuals, other than the applicant or recipient, familiar with and able to place a value on the property;

(4) A bank or savings and loan official; or

(5) The Farmers Home Administration.

Evidence submitted under this section may be verified by the department.

History

Source: 24 SDR 24, effective August 31, 1997.
General Authority: SDCL 28-7A-3(1)(3).
Law Implemented: SDCL 28-7A-3(1)(3).

ARSD 67:10:04:10 Department reserves right to obtain independent valuation

The department shall accept the evidence of the fair market value submitted by the individual unless the fair market value is obviously too high or too low. If, in the department's opinion, the fair market value submitted is obviously too high or too low, the department may obtain an independent fair market valuation of the property. The department's fair market valuation shall be used when determining equity value.

If discrepancies exist between the list of encumbrances obtained by the department and the list submitted by the individual, the department's list of encumbrances shall be used when determining equity value.

History

Source: 24 SDR 24, effective August 31, 1997.
General Authority: SDCL 28-7A-3(1)(3).
Law Implemented: SDCL 28-7A-3(1)(3).

ARSD 67:10:04:11 Proceeds from sale of real property held in trust

The department considers the proceeds received from the sale of real property held in trust to be a resource and subject to the maximum resource limit contained in § 67:10:04:03 unless they were paid under Pub. L. No. 92-254 (March 22, 1974), Pub. L. No. 93-134 (October 19, 1973), Pub. L. No. 94-114 (October 17, 1975), or Pub. L. No. 94-540 (October 18, 1976).

History

Source: 24 SDR 24, effective August 31, 1997.
General Authority: SDCL 28-7A-3(1)(3)(12).
Law Implemented: SDCL 28-7A-3(1)(3)(12).

ARSD 67:10:04:12 Vehicles considered

A licensed vehicle which is not excluded under the provisions of § 67:10:04:04 is valued according to the equity value and the fair market value which exceeds $4,650. The greater of the results of these two calculations is counted towards the assistance unit's maximum resource limit.

An unlicensed vehicle is valued according to its equity value. The equity value counts towards the assistance unit's maximum resource limit.

History

Source: 24 SDR 24, effective August 31, 1997.
General Authority: SDCL 28-7A-3(1)(3).
Law Implemented: SDCL 28-7A-3(1)(3).

ARSD 67:10:04:13 Personal property valued according to equity value

The department values an individual's personal property according to its equity value.

Cross-Reference: Determining periods of ineligibility, § 67:10:04:20.

History

Source: 24 SDR 24, effective August 31, 1997.
General Authority: SDCL 28-7A-3(1)(3).
Law Implemented: SDCL 28-7A-3(1)(3).

ARSD 67:10:04:14 Personal property held in trust

The department considers personal property held in trust as a resource if the trust instrument is revocable, allows the administrator to sell property subject to the trust and use the proceeds to meet the needs of any member of the assistance unit, or allows the administrator to invade the principal and use the principal to meet the needs of any member of the assistance unit. The department considers a personal property trust created for the purpose of rendering an individual eligible to receive public assistance to be a transfer resulting in ineligibility.

Cross-Reference: Determining periods of ineligibility, § 67:10:04:20.

History

Source: 24 SDR 24, effective August 31, 1997.
General Authority: SDCL 28-7A-3(1)(3)(4).
Law Implemented: SDCL 28-7A-3(1)(3)(4).

ARSD 67:10:04:15 Money held in joint account

Unless the conditions of § 67:10:04:07 apply or the individual produces clear and convincing evidence to the contrary, the department considers money held in a joint account available to the individual if the individual has the power to draw on the account.

History

Source: 24 SDR 24, effective August 31, 1997.
General Authority: SDCL 28-7A-3(1)(3).
Law Implemented: SDCL 28-7A-3(1)(3).

ARSD 67:10:04:16 Savings bonds

The department considers a savings bond according to its current value. Unless the individual produces clear and convincing evidence to the contrary, the department considers a bond held in co-ownership with another available to the individual if the individual is the actual purchaser or has the power to cash the bond.

History

Source: 24 SDR 24, effective August 31, 1997.
General Authority: SDCL 28-7A-3(1)(3).
Law Implemented: SDCL 28-7A-3(1)(3).

ARSD 67:10:04:17 Life insurance

The department considers a life insurance policy according to its cash value.

History

Source: 24 SDR 24, effective August 31, 1997.
General Authority: SDCL 28-7A-3(1)(3).
Law Implemented: SDCL 28-7A-3(1)(3).

ARSD 67:10:04:18 Ineligibility if property transferred, sold, or assigned for purposes of establishing eligibility

An assistance unit is ineligible for assistance if it can be shown that a member of the assistance unit transferred, sold, or assigned a resource for the purpose of making the assistance unit eligible for assistance. The lookback period for a transfer, sale, or assignment is three months prior to the date of the application for assistance. In determining intent, the department considers the following factors:

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

(2) Any information which would indicate that the transfer, sale, or assignment was made with the intent of making the assistance unit eligible for assistance.

Any legal reservation retained by a member of the assistance unit in the transfer, sale, or assignment of real or personal property, such as life estates, interest payments, rental payments, or installment payments, is subject to the requirements of this chapter and the income requirements contained in chapter 67:10:03.

History

Source: 24 SDR 24, effective August 31, 1997.
General Authority: SDCL 28-7A-3(1)(3)(4).
Law Implemented: SDCL 28-7A-3(1)(3)(4).

ARSD 67:10:04:19 Full and adequate consideration for property transferred

The department considers any item or service which the individual receives for transferred property to be for full and adequate consideration as long as the value of the item or service equals the reasonable market value of the property transferred or assigned.

If it appears that the property was transferred or assigned without full and adequate consideration, the department shall use the fair market value, determined according to § 67:10:04:09, less encumbrances of record, to determine if the individual received the full and adequate consideration.

History

Source: 24 SDR 24, effective August 31, 1997.
General Authority: SDCL 28-7A-3(1)(3).
Law Implemented: SDCL 28-7A-3(1)(3).

ARSD 67:10:04:20 Determining periods of ineligibility

The period of ineligibility for an assistance unit which transferred, assigned, or sold property for the purpose of establishing or maintaining eligibility is up to one year from the date the department discovers the transfer.

The period of ineligibility is based on the amount by which the transferred, assigned, or sold resource, when added to other countable resources, exceeds the allowable resource limit. The following chart is used to calculate the period of ineligibility:

AMOUNT BY WHICH RESOURCE LIMIT

IS EXCEEDED

MONTH(S) OF

INELIGIBILITY

$ 0 up to $ 250.00

250 up to 1,000.00

1,000 up to 3,000.00

3,000 up to 5,000.00

5,000 or more

History

Source: 24 SDR 24, effective August 31, 1997.
General Authority: SDCL 28-7A-3(1)(3)(4).
Law Implemented: SDCL 28-7A-3(1)(3)(4).

Chapter 67:10:05 Budgeting

ARSD 67:10:05:01 Definitions

Terms used in this chapter mean:

(1) "Independent living arrangement," a situation in which a member of the assistance unit does not reside in a shared living arrangement as defined in subdivision (5) and has sole responsibility for all shelter costs, with the exception of low income energy assistance. This includes situations in which the assistance unit is residing in a homeless or domestic violence shelter, a car, a tent, an outdoor setting, or an abandoned house to which no one else pays any cost towards upkeep, utilities, mortgage, rent, or other homeowner expenses even if the living situation includes an SSI recipient or an individual who is at least 18 years of age and not a member of the assistance unit;

(2) "Payment month," the calendar month for which the assistance payment is made;

(3) "Payment standard," the amount recognized by the department when determining an assistance unit's basic living needs, such as shelter, utilities, food, clothing, household items, and personal care items;

(4) "Prospective budgeting," "prospectively," the computation used when determining an assistance unit's eligibility and grant amount which is based on the best estimate of income and circumstances which will exist in that month; and

(5) "Shared living arrangement," a situation in which the household contains an individual who is at least 18 years of age and not a member of the assistance unit; or a situation in which the assistance unit receives a subsidy for shelter expenses, resides in public housing, receives assistance for the payment of shelter costs from someone not residing in the home, is not solely responsible for the assistance unit's shelter costs, or has an SSI recipient residing in the home.

History

Source: 24 SDR 24, effective August 31, 1997; 36 SDR 103, effective December 21, 2009.
General Authority: SDCL 28-7A-3(1)(3).
Law Implemented: SDCL 28-7A-3(1)(3).

ARSD 67:10:05:02 Computing amount of assistance grant -- Limitation

The amount of assistance which may be paid to an assistance unit is derived by the following computation:

(1) Add the countable earned and unearned income and other benefits available to or received by the assistance unit, except the deductions allowed in § 67:10:03:04;

(2) Subtract the sum from the applicable payment standard contained in § 67:10:05:03 or 67:10:05:05; and

(3) Round the resulting figure down to the nearest dollar.

No payment is made to a recipient if the amount of the assistance payment, not considering recoupment amounts, is less than ten dollars.

History

Source: 24 SDR 24, effective August 31, 1997; 36 SDR 103, effective December 21, 2009; 52 SDR 9, effective August 4, 2025.
General Authority: SDCL 28-7A-3.
Law Implemented: SDCL 28-7A-3, 28-7A-4.

ARSD 67:10:05:03 Payment standard -- Assistance unit includes parent -- Independent or shared living arrangement

Based on the number of eligible persons in the assistance unit and the unit's living arrangement, the payment standard for a household that includes at least one parent of a dependent child is as follows:

PAYMENT STANDARD

UNIT SIZE

INDEPENDENT LIVING

ARRANGEMENT

SHARED LIVING

ARRANGEMENT

1 person

$ 491

$ 304

2 persons

601

414

3 persons

672

486

4 persons

743

557

5 persons

812

627

6 persons

884

697

7 persons

954

767

8 persons

1,025

839

9 persons

1,093

909

10 persons

1,163

977

11 persons

1,233

1,047

12 persons

1,304

1,118

For a unit size greater than twelve eligible persons, add fifty-three dollars for each additional person.

History

Source: 24 SDR 24, effective August 31, 1997; 28 SDR 1, effective July 18, 2001; 28 SDR 178, effective July 3, 2002; 29 SDR 177, effective July 1, 2003; 30 SDR 211, effective July 1, 2004; 32 SDR 33, effective August 31, 2005; 34 SDR 93, effective October 17, 2007; 34 SDR 323, effective July 1, 2008; 36 SDR 22, effective August 18, 2009; 39 SDR 113, effective December 26, 2012; 40 SDR 229, effective June 30, 2014; 43 SDR 31, effective September 12, 2016; 47 SDR 138, effective July 1, 2021; 48 SDR 131, effective July 4, 2022; 49 SDR 125, effective July 3, 2023; 52 SDR 9, effective August 4, 2025; 52 SDR 125, effective July 1, 2026.
General Authority: SDCL 28-7A-3.
Law Implemented: SDCL 28-7A-3(1), 28-7A-4.

ARSD 67:10:05:04 Payment standard -- Child not living with parent and placed by child placement agency, Repealed

Payment standard -- Child not living with parent and placed by child placement agency. Repealed.

History

Source: 24 SDR 24, effective August 31, 1997; 28 SDR 1, effective July 18, 2001; 28 SDR 178, effective, July 3, 2002; 29 SDR 177, effective July 1, 2003; 30 SDR 211, effective July 1, 2004; 32 SDR 33, effective August 31, 2005; 52 SDR 9, effective August 4, 2025.

ARSD 67:10:05:05 Payment standard -- Child not living with parent

Based on the number of eligible persons in the assistance unit, the payment standard for a household that does not include a parent is:

UNIT SIZE

PAYMENT STANDARD

1 child

$ 414

2 children

486

3 children

557

4 children

627

5 children

697

6 children

767

7 children

839

8 children

909

9 children

977

10 children

1,047

11 children

1,118

12 children

1,190

For a unit size greater than twelve children, add fifty-three dollars for each additional child.

History

Source: 24 SDR 24, effective August 31, 1997; 28 SDR 1, effective July 18, 2001; 28 SDR 178, effective July 3, 2002; 29 SDR 177, effective July 1, 2003; 30 SDR 211, effective July 1, 2004; 32 SDR 33, effective August 31, 2005; 34 SDR 93, effective October 17, 2007; 34 SDR 323, effective July 1, 2008; 36 SDR 22, effective August 18, 2009; 39 SDR 113, effective December 26, 2012; 40 SDR 229, effective June 30, 2014; 43 SDR 31, effective September 12, 2016; 47 SDR 138, effective July 1, 2021; 48 SDR 131, effective July 4, 2022; 49 SDR 125, effective July 3, 2023; 52 SDR 9, effective August 4, 2025; 52 SDR 125, effective July 1, 2026.
General Authority: SDCL 28-7A-3.
Law Implemented: SDCL 28-7A-3(1), 28-7A-4.

ARSD 67:10:05:06 Payment standard when assistance unit contains children meeting conditions of §§ 67:10:05:04 and 67:10:05:05, Repealed

Payment standard when assistance unit contains children meeting conditions of §§ 67:10:05:04 and 67:10:05:05. Repealed.

History

Source: 24 SDR 24, effective August 31, 1997; 52 SDR 9, effective August 4, 2025.

ARSD 67:10:05:07 Determining eligibility and computing assistance payment

The department shall determine eligibility and compute the assistance payment prospectively.

History

Source: 24 SDR 24, effective August 31, 1997; 36 SDR 103, effective December 21, 2009.
General Authority: SDCL 28-7A-3(1).
Law Implemented: SDCL 28-7A-3(1), 28-7A-4.

ARSD 67:10:05:08 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 subtracting the date of the application from 31, multiplying by the full month's benefit, and dividing the total by 30. Assistance units applying on the 31st of the month are considered to have applied on the 30th. For purposes of this rule, a month consists of 30 days.

History

Source: 24 SDR 24, effective August 31, 1997.
General Authority: SDCL 28-7A-3(1).
Law Implemented: SDCL 28-7A-3(1), 28-7A-4.

ARSD 67:10:05:09 Suspending eligibility after initial month of assistance

The department may suspend rather than close the case if the department has knowledge of or reason to believe that ineligibility would be only for one payment month and ineligibility for that month was caused by income.

History

Source: 24 SDR 24, effective August 31, 1997; 36 SDR 103, effective December 21, 2009.
General Authority: SDCL 28-7A-3(1)(3).
Law Implemented: SDCL 28-7A-3(1)(3), 28-7A-4.

ARSD 67:10:05:10 Repealed

Computing assistance payment after initial month of assistance.** Repealed.

History

Source: 24 SDR 24, effective August 31, 1997; repealed, 36 SDR 103, effective December 21, 2009.

ARSD 67:10:05:11 Change in amount of assistance because of change in living arrangement or assistance unit size

A change in the amount of the assistance unit's grant because of a change in the assistance unit's living arrangement is made the first of the month following the month the change is reported. A change in assistance is made the first of the month following the month the change is reported and is based on the number of members in the assistance unit on the first of the month. In situations of domestic violence, a change in the assistance unit's living arrangement or in assistance size which results in an increase in the grant amount is made for the month the change is reported.

The provisions of § 67:10:05:17 must also be applied before living arrangement or assistance unit size changes may be made after the initial month.

History

Source: 24 SDR 24, effective August 31, 1997; 36 SDR 103, effective December 21, 2009.
General Authority: SDCL 28-7A-3(1)(3).
Law Implemented: SDCL 28-7A-3(1)(3), 28-7A-4, 28-7A-14.

ARSD 67:10:05:12 Recovery of overpayments from assistance unit

The department recovers overpayments as soon as possible through restitution by the individual or through recoupment by reducing the amount of the assistance grant. The amount of the recoupment may not exceed ten percent of the assistance grant. If the assistance unit no longer receives benefits under TANF, the department may submit the overpayment to the federal government for collection through the federal tax refund intercept program.

An overpayment results if an assistance unit receives a larger allotment than the assistance unit is entitled to receive. For recovery purposes, overpayments may result if the assistance unit:

(1) Fails to report a change in circumstances as required under § 67:10:05:14 or 67:10:01:23;

(2) Reports a change in circumstances but the change was reported incorrectly; or

(3) Provides incorrect information on the application.

If the overpayment is the result of a misunderstanding or unintended error on the part of the caretaker relative, recovery of the overpayment is made on those claims for which 12 months or less have elapsed between the month the overpayment occurred and the month the department discovered the overpayment.

If the overpayment is the result of a determination of fraud or an intentional program violation, recovery of the overpayment is made on those claims for which six years or less have elapsed between the month the overpayment occurred and the month the department discovered the overpayment.

History

Source: 24 SDR 24, effective August 31, 1997; 36 SDR 103, effective December 21, 2009.
General Authority: SDCL 28-7A-3(6).
Law Implemented: SDCL 28-7A-3(6), 28-7A-17.

ARSD 67:10:05:13 Correction of underpayments

The department shall correct underpayments within 30 days after the date of discovery. The amount of a retroactive payment made to a recipient may not be considered as income or a resource in the month paid or in the following month; however, the retroactive payment or any balance remaining is considered as a resource in the determination of the continuing eligibility of the recipient in the succeeding months.

Benefits are not restored if the underpayment is caused by the assistance unit's failure to report a change timely and correctly.

If the underpayment is caused by the department, benefits are restored for no more than 12 months from the date the department receives the request for restoration from the assistance unit or the date the department is notified or otherwise discovers that a loss in benefits has occurred, whichever occurs first.

The department shall restore lost benefits to an assistance unit even if the assistance unit is currently ineligible for assistance.

When determining the amount to be restored to the assistance unit, the department shall consider whether the assistance unit has an outstanding balance due from a previous overpayment. If the assistance unit has an outstanding balance from a previous overpayment, the amount outstanding is deducted from the amount of the benefits to be restored.

History

Source: 24 SDR 24, effective August 31, 1997; 36 SDR 103, effective December 21, 2009.
General Authority: SDCL 28-7A-3(1).
Law Implemented: SDCL 28-7A-3(1), 28-7A-17.

ARSD 67:10:05:14 Completed report form required

The department shall furnish each assistance unit with a report form within six months following the date of application. If the assistance unit is also a recipient of supplemental nutrition assistance, the report form will be due during the same time frame as the supplemental nutrition assistance program. A report form may be required prior to six months if the assistance unit is also a recipient of supplemental nutrition assistance. The assistance unit must complete, sign, and return the report form to the department by the twentieth of the month in which the form was mailed to the assistance unit. The department considers a report which is postmarked by the twentieth of the month as timely. The report form is considered incomplete if it is returned unsigned, does not contain all information requested, or does not have the necessary verification attached. The assistance unit may preserve the right to have continued eligibility determined by filing a completed report before the end of the payment month.

An assistance unit is exempt from meeting the requirements of this section if the child has no countable earned income and the caretaker relative is either a parent receiving an SSI payment or is not the parent of any child in the assistance unit.

Cross-References:

Signed application, § 67:10:01:03.

Full determination of continuing eligibility, § 67:10:01:24.

History

Source: 24 SDR 24, effective August 31, 1997; 26 SDR 168, effective July 1, 2000; 36 SDR 103, effective December 21, 2009.
General Authority: SDCL 28-7A-3(1)(3)(4)(8).
Law Implemented: SDCL 28-7A-3(1)(3)(4)(8).

ARSD 67:10:05:15 Repealed

Assistance terminated if required report form not received on time -- Reinstatement -- Penalty.** Repealed.

History

Source: 24 SDR 24, effective August 31, 1997; repealed, 36 SDR 103, effective December 21, 2009.

ARSD 67:10:05:16 Repealed

Good cause for late filing of monthly report.** Repealed

History

Source: 24 SDR 24, effective August 31, 1997; repealed, 36 SDR 103, effective December 21, 2009.

ARSD 67:10:05:17 Eligibility and amount of assistance payment

If an assistance unit is required to report according to § 67:10:05:14, the department shall determine eligibility and the amount of assistance based on the most recently reported information if a change in income or circumstances is obtained from one of the following:

(1) The application, recertification, or report form completed by the assistance unit;

(2) The Systematic Alien Verification for Entitlements program available through the United States Citizenship and Immigration Services;

(3) The State Data Exchange or Beneficiary Data Exchange computer interface system match with the Social Security Administration;

(4) The unemployment insurance benefits computer interface system match with the Department of Labor and Regulation;

(5) A hearing decision, including a decision establishing an intentional program violation;

(6) A department employment specialist, a Department of Labor and Regulation employment specialist, or a Department of Labor and Regulation supplemental nutrition assistance employment and training representative;

(7) Report of refusal to cooperate as specified in §§ 67:10:01:25 and 67:10:01:26;

(8) The assistance unit reports their income exceeds the need standard in chapter 67:10:05 based on household size and living arrangements;

(9) The assistance unit requests their case closed;

(10) A member of the assistance unit applies for TANF in another state on their own behalf or with another assistance unit in the state;

(11) The assistance unit reports moving out-of-state or the postal service returns mail indicating an assistance unit member has moved out-of-state;

(12) An action to budget a future known change;

(13) An action to correct information that was incorrectly reported or budgeted;

(14) The assistance unit, Division of Child Protection Services, Division of Child Support, or the appropriate tribal child protection office reports a change in individuals residing in the household;

(15) Public Assistance Reporting Information System (PARIS);

(16) Information is received indicating an individual in the household is residing in an institution for a period longer than 90 days; or

(17) Information is received that an individual in the household received more than $2000 in gambling or lottery winnings.

If a change other than those specified above is reported to the department and verification is provided, the department may change the amount of assistance based on the reported and verified changes only if the calculation results in an increase in the amount of the assistance payment.

History

Source: 36 SDR 103, effective December 21, 2009; 36 SDR 215, effective July 1, 2010; 39 SDR 220, effective June 27, 2013; 41 SDR 93, effective December 3, 2014.
General Authority: SDCL 28-7A-3(1)(3)(4).
Law Implemented: SDCL 28-7A-3(1)(3)(4).

Chapter 67:10:06 Work provisions

ARSD 67:10:06:01 Definitions

Terms used in this chapter mean:

(1) "CWEA" or "combined work and education activity," the combined work and education activity established under the provisions of SDCL 28-7A-20 to 28-7A-24, inclusive, for individuals eligible for TANF assistance;

(2) "Personal responsibility agreement," an agreement between an individual applying for assistance under this article and the department in which the individual agrees to comply with the requirements established under this chapter as a condition of receiving assistance;

(3) "Personal responsibility plan," a plan prepared by the department in consultation with the individual applying for or receiving assistance and which meets the requirements of § 67:10:06:02; and

(4) Reporting month," a four or five week month calculated by the number of Saturdays in that calendar month. For example, the week of July 26 - August 1 would be included in the August calculation if August 1 falls on a Saturday.

History

Source: 24 SDR 24, effective August 31, 1997; 26 SDR 168, effective July 1, 2000; 36 SDR 103, effective December 21, 2009.
General Authority: SDCL 28-7A-3(1)(2)(3)(4), 28-7A-10, 28-7A-24.
Law Implemented: SDCL 28-7A-3(1)(2)(3)(4), 28-7A-10, 28-7A-20.

ARSD 67:10:06:02 Personal responsibility plan

Unless exempt under § 67:10:06:07, an individual must work with the department to develop a personal responsibility plan. Failure to complete and sign the plan results in ineligibility for the assistance unit. At a minimum, the personal responsibility plan must contain the following:

(1) An employment goal for the individual and a plan for moving the individual into private sector employment;

(2) The obligations of the individual, which may include a requirement that the individual attend school, maintain certain grades and attendance, keep school age children of the individual in school, immunize children, attend parenting and money management classes, or do other things that will help the individual become and remain employed in the private sector;

(3) A plan to move the individual into whatever private sector employment the individual is capable of handling as quickly as possible and to increase the responsibility and amount of work the individual is to handle over time;

(4) A description of the services the state will provide the individual so that the individual will be able to obtain and keep employment in the private sector and a description of the job counseling and other services that the state will provide; and

(5) If applicable, a requirement that the individual attend substance abuse treatment.

If an assistance unit contains a teen parent or a child under the age of 18 who is not otherwise exempt, there must be a separate personal responsibility plan for each of these individuals. Failure to complete and sign the plan results in the penalty established in § 67:10:06:21.

Cross-Reference: Personal responsibility plan, Pub. L. No. 104-193, § 408(b)(2), (110 Stat. 2141) (August 22, 1997).

History

Source: 24 SDR 24, effective August 31, 1997.
General Authority: SDCL 28-7A-3(1)(2)(3)(4)(12), 28-7A-10, 28-7A-11.
Law Implemented: SDCL 28-7A-3(1)(2)(3)(4)(12), 28-7A-10, 28-7A-11.

ARSD 67:10:06:03 Personal responsibility agreement

Unless exempt under § 67:10:06:07, as a condition of eligibility for assistance under this article, the parent must sign a personal responsibility agreement. Failure to sign the agreement results in ineligibility for the assistance unit.

History

Source: 24 SDR 24, effective August 31, 1997.
General Authority: SDCL 28-7A-3(1)(2)(3)(4), 28-7A-10, 28-7A-11.
Law Implemented: SDCL 28-7A-3(1)(2)(3)(4), 28-7A-10, 28-7A-11.

ARSD 67:10:06:04 Repealed

Certain parents ineligible until transitioned to TANF.** Repealed.

History

Source: 24 SDR 24, effective August 31, 1997; repealed, 26 SDR 168, effective July 1, 2000.

ARSD 67:10:06:05 Work activities

Unless otherwise exempt, an individual is required to participate in work activities. The number of hours of required participation is established in the individual's personal responsibility plan. Work activities include the following:

(1) Unsubsidized employment which is not directly supplemented by federal or state funds as defined in 45 C.F.R § 261.2 (June 29, 2006);

(2) Subsidized private sector employment as defined in 45 C.F.R. § 261.2 (June 29, 2006);

(3) Subsidized public sector employment as defined in 45 C.F.R. § 261.2 (June 29, 2006);

(4) Community service as defined in 45 C.F.R. § 261.2 (June 29, 2006);

(5) Job search and job readiness as defined in 45 C.F.R. § 261.2 (June 29, 2006);

(6) Vocational educational training as defined in 45 C.F.R. § 261.2 (June 29, 2006);

(7) CWEA;

(8) Job skills training directly related to employment as defined in 45 C.F.R. § 261.2 (June 29, 2006);

(9) Education directly related to employment as defined in 45 C.F.R. § 261.2 (June 29, 2006);

(10) Satisfactory attendance at secondary school or in a course of study leading to a certificate of general equivalence as defined in 45 C.F.R. § 261.2 (June 29, 2006); and

(11) On-the-job training as defined in 45 C.F.R. § 261.2 (June 29, 2006).

An individual may not use the work activities described in subdivisions (8), (9), and (10) as primary activities; however, the department shall allow the individual to count the hours of participation if the individual has completed 20 hours of other countable activities.

Cross-Reference: Work activities, Pub. L. No. 104-193, § 407(d) (110 Stat. 2133) (August 22, 1996).

History

Source: 24 SDR 24, effective August 31, 1997; 26 SDR 168, effective July 1, 2000; 36 SDR 103, effective December 21, 2009.
General Authority: SDCL 28-7A-3(1)(2)(3)(4)(12), 28-7A-10, 28-7A-24.
Law Implemented: SDCL 28-7A-3(1)(2)(3)(4)(12), 28-7A-10, 28-7A-20.

ARSD 67:10:06:06 Work activities -- Level of participation

The minimum level of participation for required work activities is as follows:

One-parent household that has a child under the age of six

20 hours a week

One-parent household that has a child or children over the age of six

30 hours a week

Two-parent household that does not receive financial assistance for child care services under article 67:47

35 hours a week

Two-parent household that receives financial assistance for child care services under article 67:47

55 hours a week

A two-parent household that includes a parent who is exempt from participating in work activities under subdivision 67:10:06:07(3) or (4) is considered to be a one-parent household when determining the number of work hours required under this section.

When determining whether a two-parent household has met its required level of participation, the department shall combine the hours worked by each parent.

Cross-References:

Family with disabled parent not treated as two-parent family, Pub. L. No. 105-33, § 5504(a)(C) (111 Stat.609) (August 5, 1997)

Sharing of work requirement in two-parent families, Pub. L. No. 105-33, § 5504(d) (111 Stat. 609) (August 5, 1997).

History

Source: 24 SDR 24, effective August 31, 1997; 24 SDR 177, effective June 22, 1998; 25 SDR 157, effective June 1, 1999; 26 SDR 18, effective August 18, 1999; 36 SDR 103, effective December 23, 2009.
General Authority: SDCL 28-7A-3(1)(2)(3)(4), 28-7A-10, 28-7A-11.
Law Implemented: SDCL 28-7A-3(1)(2)(3)(4), 28-7A-10, 28-7A-11.

ARSD 67:10:06:07 Work activities -- Exemption criteria

An individual is exempt from participating in work activities if the individual meets one of the following requirements:

(1) Is a dependent child under 16 or a dependent child 16 or over who is enrolled as, or has been accepted for enrollment as, a full-time student in an elementary or secondary school or in a vocational or technical school that is equivalent to a secondary school;

(2) Is the parent who is caring for a child who is under 12 weeks of age. This exemption is limited to one parent per assistance unit;

(3) Is approved to receive social security disability payments from the Social Security Administration; or

(4) Is a veteran who has a 100 percent disability and is approved to receive disability payments from the Veterans' Administration.

History

Source: 24 SDR 24, effective August 31, 1997.
General Authority: SDCL 28-7A-3(1)(2)(3)(4), 28-7A-10, 28-7A-11.
Law Implemented: SDCL 28-7A-3(1)(2)(3)(4), 28-7A-10, 28-7A-11.

ARSD 67:10:06:08 Work activities -- Reduced participation

If an individual does not qualify for an exemption but has extenuating circumstances which are expected to last at least 30 days and which prevent full participation, the department may reduce the number of hours required. Extenuating circumstances include items such as the following:

(1) The individual has a temporary illness or incapacity;

(2) A household member has a disability and needs care until family support services are available;

(3) The individual is a victim of domestic violence;

(4) The individual is a victim of rape;

(5) There is a family illness or a family crisis, such as the death of an immediate family member; or

(6) The individual is participating in an alcohol, drug, or mental health treatment program.

Except for individuals covered under subdivisions (3) and (4) of this section, the individual must submit evidence to the department which substantiates the reduction in participation. To provide this evidence, the individual must submit a report completed by a physician, physician's assistant, nurse practitioner, psychologist, optometrist, chiropractor, or social worker-PIP which supports the reduction. Participation may still be required if the report indicates the person can participate at a reduced level.

The department may request a second opinion.

History

Source: 24 SDR 24, effective August 31, 1997; 36 SDR 103, effective December 21, 2009.
General Authority: SDCL 28-7A-3(1)(2)(3)(4), 28-7A-10, 28-7A-11.
Law Implemented: SDCL 28-7A-3(1)(2)(3)(4), 28-7A-10, 28-7A-11.

ARSD 67:10:06:09 Repealed

Work activities -- Subsidized private sector employment.** Repealed.

History

Source: 24 SDR 24, effective August 31, 1997; 28 SDR 1, effective July 18, 2001; repealed, 36 SDR 103, effective December 21, 2009.

ARSD 67:10:06:10 Repealed

Work activities -- Subsidized public sector employment.** Repealed.

History

Source: 24 SDR 24, effective August 31, 1997; repealed, 36 SDR 103, effective December 21, 2009.

ARSD 67:10:06:11 Work activities -- Community service

The individual may make up work hours scheduled but not worked if the work is made up within the same reporting month and the department determines according to § 67:10:06:25 that the individual had good cause. If the individual is not able to make up work hours scheduled but not worked and the department has determined that good cause exists for the unworked hours, the individual's TANF cash grant is not affected.

The individual is credited with no hours worked if the individual fails to complete, sign, and submit a time sheet to the department. The time sheet must be postmarked or received by the 5th of the following calendar month in order to be considered.

If an individual's community work activity involves providing child care for another individual participating in a work activity under the provisions of this chapter, supervision is not required.

The department shall make an incentive payment to the individual if the individual meets the requirements of the personal responsibility plan and is not subject to any of the penalties contained in subdivision 67:10:06:23(2) or (3). The incentive payment is mailed after the participation requirements are met and the timesheet is timely received by the department.

History

Source: 24 SDR 24, effective August 31, 1997; 24 SDR 177, effective June 22, 1998; 28 SDR 1, effective July 18, 2001; 36 SDR 103, effective December 21, 2009.
General Authority: SDCL 28-7A-3(1)(2)(3)(4), 28-7A-10.
Law Implemented: SDCL 28-7A-3(1)(2)(3)(4), 28-7A-10.

ARSD 67:10:06:12 Work activities -- Job search and job readiness

An individual in job search must complete the following activities:

(1) Register for work with the Department of Labor and Regulation;

(2) Apply for unemployment insurance benefits, if eligible;

(3) Attend the training and workshops specified in the individual's personal responsibility plan; and

(4) Make employer contacts.

History

Source: 24 SDR 24, effective August 31, 1997; 24 SDR 177, effective June 22, 1998; 36 SDR 103, effective December 21, 2009; 39 SDR 220, effective June 27, 2013.
General Authority: SDCL 28-7A-3(1)(2)(3)(4), 28-7A-10.
Law Implemented: SDCL 28-7A-3(1)(2)(3)(4), 28-7A-10.

ARSD 67:10:06:13 Work activities -- Vocational educational training

Vocational educational training must be approved by the department. Approval is based on the following criteria:

(1) The course is consistent with the individual's personal responsibility plan and is directed toward a goal of employment;

(2) The individual is attending a full-time curriculum of study or at least 20 hours a week of training as determined by the institution or the training site the individual is attending;

(3) The individual is maintaining acceptable attendance and performance as defined by the institution or training site the individual is attending;

(4) The job outlook in the local labor market for people who have completed the proposed training is favorable or the participant is willing to relocate; and

(5) There is a training slot available from the limited number of slots the department has available for its use.

Cross-Reference: Work activities -- Vocational training, Pub. L. No. 104-193, § 407(d)(8) (110 Stat. 2133) (August 22, 1996).

History

Source: 24 SDR 24, effective August 31, 1997; 26 SDR 168, effective July 1, 2000; 28 SDR 1, effective July 18, 2001; 36 SDR 103, effective December 21, 2009.
General Authority: SDCL 28-7A-3(1)(2)(3)(4)(12), 28-7A-10.
Law Implemented: SDCL 28-7A-3(1)(2)(3)(4)(12), 28-7A-10.

ARSD 67:10:06:13.01 Work activities -- Combined work and education

The combined work and education activity is designed to provide an individual with marketable skills directly related to employment. To qualify for this activity, the individual must either be a second year student in a vocational training activity or an undergraduate student attending postsecondary education at an institution accredited by the North Central Association of Colleges and Secondary Schools. The department must approve the individual's combined work and education activity. Approval is based on the following criteria:

(1) The individual does not have a marketable job skill or has a job skill level and earnings that, in the department's judgment, would be significantly improved by the proposed educational program;

(2) The individual must meet the requirements contained in SDCL 28-7A-22;

(3) The course of study must meet the requirements of SDCL 28-7A-21;

(4) The potential entry-level earnings resulting from the course of study are at least 125 percent of the federal poverty level for a family of three; and

(5) There is a work and education slot available from the limited number of slots the department has available.

When calculating the individual's level of participation for the number of work hours required under § 67:10:06:06, the department shall count as hours worked the number of credit hours the individual is taking, the number of classroom hours the individual attends, or a combination of credit hours and classroom hours, up to a maximum of 15 hours. Consistent, unexcused absences from class or work shall result in the penalties established in § 67:10:06:20.

Within ten calendar days after the individual receives a copy of the grades earned for the semester just completed, the individual must provide a copy of the grades to the department. Failure to meet the 2.5 cumulative grade-point average required under SDCL 28-7A-22, results in ineligibility for the combined work and education activity.

For purposes of calculating the 24-month limit established in SDCL 28-7A-20, the department shall count those months in which the individual receives a TANF benefit and is a full-time student for more than one-half of the month. In addition, the department shall count those months during which the individual participated in vocational training under the provisions of § 67:10:06:13.

Cross-Reference: Federal poverty level, § 67:11:01:03.

History

Source: 26 SDR 168, effective July 1, 2000.
General Authority: SDCL 28-7A-3, 28-7A-10, 28-7A-11, 28-7A-24.
Law Implemented: SDCL 28-7A-3, 28-7A-10,.28-7A-11, 28-7A-20, 28-7A-23.

ARSD 67:10:06:14 Repealed

Work activities -- Job skills training.** Repealed.

History

Source: 24 SDR 24, effective August 31, 1997; 28 SDR 1, effective July 18, 2001; repealed, 36 SDR 103, effective December 21, 2009.

ARSD 67:10:06:15 Repealed

Work activities – Secondary education.** Repealed.

History

Source: 24 SDR 24, effective August 31, 1997; 24 SDR 177, adopted June 22, 1998, effective April 1, 1999; 28 SDR 1, effective July 18, 2001; repealed, 36 SDR 103, effective December 21, 2009.

ARSD 67:10:06:16 Work activities -- Satisfactory attendance at secondary school or in a course of study leading to a certificate of general equivalence

Participation in secondary school or course of study is a required activity for an unmarried parent who is under the age of 20, is caring for a child who is at least 12 weeks old, and has not obtained a high school diploma or a high school equivalency diploma. The teen parent must maintain satisfactory attendance in accordance with the requirements of the secondary school or course of study.

Cross-References:

No assistance for teenage parents who do not attend high school or other equivalent training program, Pub. L. No. 104-193, § 408(a)(4) (110 Stat. 2135) (August 22, 1996).

No assistance for teenage parents not living in adult-supervised settings, Pub. L. No. 104-193,§ 403(a)(5) (110 Stat. 2136) (August 22, 1996).

Protective payee for minor parent not living with parent, legal guardian, or adult relative, § 67:10:07:06.

History

Source: 24 SDR 24, effective August 31, 1997; 36 SDR 103, effective December 21, 2009.
General Authority: SDCL 28-7A-3(1)(2)(3)(4)(12), 28-7A-10.
Law Implemented: SDCL 28-7A-3(1)(2)(3)(4)(12), 28-7A-10.

ARSD 67:10:06:17 Repealed

Work activities -- Approved training.** Repealed.

History

Source: 24 SDR 24, effective August 31, 1997; repealed, 26 SDR 168, effective July 1, 2000.

ARSD 67:10:06:18 Support services -- Payment

The department shall pay for support services if payment for the services is not available from another source. The support service must aid the individual in resolving problems that interfere with the individual's employment. Support services include items such as the following:

(1) Transportation;

(2) Relocation;

(3) Interview expenses;

(4) Minor medical expenses not covered under article 67:16;

(5) Clothing related to training or employment;

(6) Tools or equipment related to employment;

(7) Limited counseling;

(8) Job-related education; and

(9) Rent and utilities.

An individual applying for assistance is ineligible for assistance for three months if the department pays for a support service and the individual subsequently withdraws the application for assistance.

If an emergency forces the family to reapply for assistance before the three-month period of ineligibility has expired, the individual must repay the amount of the support service payment. The department shall prorate the repayment over a three-month period and deduct the amount of the repayment from the individual's assistance payment.

History

Source: 24 SDR 24, effective August 31, 1997.
General Authority: SDCL 28-7A-3(1)(2)(3)(4), 28-7A-10.
Law Implemented: SDCL 28-7A-3(1)(2)(3)(4), 28-7A-10.

ARSD 67:10:06:19 Participation required before payment if deprivation based on unemployment

If an assistance unit's deprivation is based on unemployment, the parents must meet the work participation requirements contained in § 67:10:06:06 before a cash assistance payment is mailed to the assistance unit. A payment made under the provisions of this rule is mailed on the last working day of the month.

History

Source: 24 SDR 24, effective August 31, 1997; 24 SDR 177, effective June 22, 1998.
General Authority: SDCL 28-7A-3(1)(2)(3)(4), 28-7A-10.
Law Implemented: SDCL 28-7A-3(1)(2)(3)(4), 28-7A-10.

ARSD 67:10:06:20 Repealed

Reduction of assistance if individual fails to meet participation requirements.** Repealed.

History

Source: 24 SDR 24, effective August 31, 1997; 24 SDR 177, effective June 22, 1998; repealed, 36 SDR 103, effective December 21, 2009.

ARSD 67:10:06:21 Penalty if child fails to participate

The department shall reduce the assistance unit's grant if any of the following occurs:

(1) A dependent child fails to attend school;

(2) A dependent child who is 16 or 17 years old, is not exempt from the work requirements, and fails to sign and complete a personal responsibility plan; or

(3) A dependent child who is 16 or 17 years old, is not exempt from the work requirements, and fails to comply with the requirements of the personal responsibility plan.

The amount of the grant reduction is $50 a month for each child affected, up to a maximum of $150 a month. The penalty continues until the child complies with the requirements.

Cross-Reference: Work activities -- Exemption criteria, § 67:10:06:07.

History

Source: 24 SDR 24, effective August 31, 1997.
General Authority: SDCL 28-7A-3(1)(2)(3)(4)(5), 28-7A-10, 28-7A-11.
Law Implemented: SDCL 28-7A-3(1)(2)(3)(4)(5), 28-7A-10, 28-7A-11.

ARSD 67:10:06:22 Penalty for failing to comply -- Applicant

The department shall deny assistance for an applicant who fails to abide by the personal responsibility agreement or who fails to comply with the activities contained in the personal responsibility plan before assistance is approved.

History

Source: 24 SDR 24, effective August 31, 1997; 24 SDR 177, effective June 22, 1998.
General Authority: SDCL 28-7A-3(1)(2)(3)(4)(5), 28-7A-10, 28-7A-11.
Law Implemented: SDCL 28-7A-3(1)(2)(3)(4)(5), 28-7A-10, 28-7A-11.

ARSD 67:10:06:23 Penalty for failing to comply -- Parent

If a parent fails to abide by the personal responsibility agreement or fails to comply with the activities contained in the personal responsibility plan, the department shall implement the following penalties:

(1) For the first occurrence, the department shall give the parent a written warning that continued noncompliance shall result in reduced assistance and possible case closure;

(2) For the second occurrence, the department shall reduce the assistance unit's cash assistance by 50 percent for one month. If the parent continues to be noncompliant, the department shall close the case in the month following the month the assistance was reduced; and

(3) For any subsequent occurrence, the assistance unit is disqualified for one month and must reapply for assistance.

If the reason for the noncompliance is the parent's failure to keep a school age child in school, the penalty contained in § 67:10:06:21 applies.

History

Source: 24 SDR 24, effective August 31, 1997; 24 SDR 177, effective June 22, 1998.
General Authority: SDCL 28-7A-3(1)(2)(3)(4)(5), 28-7A-10, 28-7A-11.
Law Implemented: SDCL 28-7A-3(1)(2)(3)(4)(5), 28-7A-10, 28-7A-11.

ARSD 67:10:06:24 Penalty for refusing to accept employment or additional hours or terminating employment or reducing hours

If an applicant refuses to accept employment or additional hours of employment, terminates employment, or reduces hours of employment without good cause within the 60 days preceding the date of application, the assistance unit is ineligible for assistance. The period of ineligibility is limited to a maximum of 60 days from the date:

(1) Employment was terminated;

(2) An offer of employment was refused;

(3) Employment hours were reduced; or

(4) The applicant refused to accept additional hours of employment.

If a recipient refuses to accept employment or additional hours of employment, terminates employment, or reduces hours of employment without good cause within 30 days prior to the date the application or report form is received by the department, the assistance unit is ineligible for assistance. 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 67:10:10 are met. The department shall apply this penalty at any time if a report is made by the department employment specialist or Department of Labor and Regulation employment specialist following the notice requirements in chapter 67:10:10.

In either case, the length of the penalty expires if the applicant or recipient secures employment with comparable hours and earnings or is no longer living in the home.

The assistance unit must make a new application for assistance when the penalty period expires, the applicant or recipient secures employment with comparable earnings, or the applicant or recipient is no longer living in the home.

Cross-References:

Good cause for refusing to accept employment or additional hours, § 67:10:06:26.

Good cause for terminating employment or reducing hours of employment, § 67:10:06:27.

History

Source: 24 SDR 24, effective August 31, 1997; 30 SDR 211, effective July 1, 2004; 36 SDR 103, effective December 21, 2009; 39 SDR 220, effective June 27, 2013.
General Authority: SDCL 28-7A-3(1)(2)(3)(4)(5), 28-7A-10, 28-7A-11.
Law Implemented: SDCL 28-7A-3(1)(2)(3)(4)(5), 28-7A-10, 28-7A-11.

ARSD 67:10:06:25 Good cause criteria for failing to comply with personal responsibility plan or agreement

The department may determine that good cause exists for an individual's noncompliance with the personal responsibility agreement or the personal responsibility plan if any of the following situations occur:

(1) The individual is a single custodial parent caring for a child under six years of age and is able to prove the unavailability of child care because of distance; the unavailability or unsuitability of child care by a relative; or the unavailability of appropriate and affordable child care;

(2) There is a breakdown in transportation arrangements and there is no readily accessible alternative means of transportation;

(3) Adverse weather conditions prevent participation by the individual and other individuals similarly situated from traveling to or participating in the prescribed activity;

(4) There is a family illness or a family crisis, such as the death of an immediate family member;

(5) The individual has a scheduled appointment to meet with a prospective employer or department staff; or

(6) The work site is closed during the individual's regularly scheduled work hours.

Except for the occurrence of subdivision (6) of this section, the individual must have informed the employer and the department before the noncompliance occurred. If the situation contained in subdivision (6) occurs, the individual must inform the department of the existence of this situation. When determining whether good cause exists, the department may contact the individual's employer and discuss the merits of the good cause request. If the department determines that good cause exists, the sanctions contained in § 67:10:06:23 are not imposed.

History

Source: 24 SDR 24, effective August 31, 1997; 24 SDR 177, effective June 22, 1998.
General Authority: SDCL 28-7A-3(1)(2)(3)(4), 28-7A-10, 28-7A-11.
Law Implemented: SDCL 28-7A-3(1)(2)(3)(4), 28-7A-10, 28-7A-11.

ARSD 67:10:06:26 Good cause for refusing to accept employment or additional hours of employment

Good cause criteria for refusing to accept employment or additional hours of employment include the following:

(1) The individual is physically or mentally unfit to do the job or to work additional hours as documented by medical evidence or other reliable information;

(2) The hourly wage offered is less than the federal minimum wage;

(3) The position is vacant or additional hours are available due directly to a strike, lockout, or other labor dispute;

(4) The individual is, as a condition of being employed or accepting additional hours of employment, required to join or to resign from or refrain from joining a labor organization;

(5) The degree of risk to health and safety is unreasonable;

(6) The working hours or nature of the employment interferes with the employee's religious observations, convictions, or beliefs; or

(7) The individual is a single custodial parent caring for a child under six years of age and is able to prove the unavailability of child care because of distance, the unavailability or unsuitability of child care by a relative, or the unavailability of appropriate and affordable child care.

History

Source: 24 SDR 24, effective August 31, 1997.
General Authority: SDCL 28-7A-3(1)(2)(3)(4), 28-7A-10, 28-7A-11.
Law Implemented: SDCL 28-7A-3(1)(2)(3)(4), 28-7A-10, 28-7A-11.

ARSD 67:10:06:27 Good cause for terminating employment or reducing hours of employment

Good cause criteria for voluntarily leaving employment or reducing hours of employment include the following:

(1) Employment was less than 20 hours a week or the equivalent of 20 hours a week at the federal minimum wage;

(2) After voluntarily reducing earned income, the hours of employment were at least 30 hours a week;

(3) After voluntarily terminating employment because the individual is enrolled in a post-secondary educational program;

(4) Continued employment or continuing to work full-time presents a hazard to the individual's health;

(5) After accepting employment, the employer required the individual to relocate the individual's residence to hold the job;

(6) After accepting employment, the degree of risk to health and safety is unreasonable;

(7) After accepting employment, the working hours or nature of the employment interferes with the individual's religious observations, convictions, and beliefs;

(8) Termination of the individual's business;

(9) Resignation at the demand of the employer if the reason for the demanded resignation is beyond the control of the individual;

(10) The individual terminated employment or reduced hours of employment to accept another job that later did not materialize or became unsuitable for one of the reasons contained in § 67:10:06:26. The fact the job did not materialize must have been beyond the control of the individual;

(11) The reason for terminating employment or reducing hours of employment was beyond the individual's control, such as illness, lack of transportation, household emergency, or inadequate child care. The individual must document that an attempt was made to resolve the problems and the problems were truly beyond the individual's control;

(12) While on layoff from the individual's regular job, the individual accepted employment which was terminated so the individual could return to the regular job;

(13) After accepting employment, the employer's demands or working conditions made continued employment unreasonable, such as the employer paying late or demonstrating a substantial disregard of the standards of behavior that the individual has a right to expect;

(14) The employer discriminated against the individual;

(15) The individual terminated employment to accept other employment that was comparable in salary or hours to the employment terminated;

(16) After accepting employment, the individual is required to join or to resign from or refrain from joining a legitimate labor organization; and

(17) The individual's resignation from employment was recognized by the employer as retirement.

Before an individual terminates employment or reduces hours of employment, the individual must notify the department. If the individual fails to notify the department, the department may not grant good cause.

History

Source: 24 SDR 24, effective August 31, 1997; 26 SDR 168, effective July 1, 2000.
General Authority: SDCL 28-7A-3(1)(2)(3)(4), 28-7A-10, 28-7A-11, 28-7A-24.
Law Implemented: SDCL 28-7A-3(1)(2)(3)(4), 28-7A-10, 28-7A-11, 28-7A-20.

Chapter 67:10:07 Protective and emergency payments

ARSD 67:10:07:01 Definitions

Terms used in this chapter mean:

(1) "Emergency payment," the payment made by the department to another individual on behalf of the assistance unit when the relative acting as the payee is no longer available to receive the payment;

(2) "Payee," the individual to whom the payment is made;

(3) "Protective payee," the individual who manages or supervises the expenditure of the assistance payment for the benefit of the assistance unit;

(4) "Protective payment," payment of the assistance unit's grant to another individual because of mismanagement;

(5) "Two-party payment," a protective payment that is payable to the caretaker relative and the vendor; and

(6) "Vendor payment," a protective payment that is for expenses incurred by the assistance unit and is made payable only to the vendor.

History

Source: 24 SDR 24, effective August 31, 1997; 39 SDR 220, effective June 27, 2013.
General Authority: SDCL 28-7A-3(7).
Law Implemented: SDCL 28-7A-3(7).

ARSD 67:10:07:02 Protective payments

For the protection of the assistance unit when the caretaker relative mismanages the assistance payment, the department shall pay the assistance payment in the method most likely to be in the child's and caretaker relative's best interests. The department shall work with the caretaker relative to determine the method of payment. Methods of protective payments include the following:

(1) Payment to a protective payee;

(2) Payment to a vendor; or

(3) Two-party payment.

History

Source: 24 SDR 24, effective August 31, 1997.
General Authority: SDCL 28-7A-3(7).
Law Implemented: SDCL 28-7A-3(7).

ARSD 67:10:07:03 Determination of mismanagement

Except for §§ 67:10:07:06 and 67:10:07:10, the department must determine that the payee has mismanaged the assistance payment to such an extent that allowing the payee to continue managing the grant would be a threat to the health and safety of the child. Evidence of mismanagement may include any of the following:

(1) Failure to meet two or more rental or mortgage payments within the previous 14 months;

(2) Nonpayment of other bills;

(3) Persistent or deliberate failure to meet obligations for food, clothing, school supplies, or other essentials; or

(4) Continued expenditures for alcoholic beverages or other nonessentials.

History

Source: 24 SDR 24, effective August 31, 1997.
General Authority: SDCL 28-7A-3(7).
Law Implemented: SDCL 28-7A-3(7).

ARSD 67:10:07:04 Mismanagement for nonpayment of bills -- Extenuating circumstances

When making a determination of mismanagement because of the nonpayment of bills, the department considers the existence of extenuating circumstances, including the following:

(1) Whether the assistance unit experienced some emergency or extraordinary event for which available funds were spent appropriately;

(2) Whether expenses for necessary bills of the assistance unit exceeded the assistance unit's grant and other income; and

(3) Whether the caretaker relative withheld the payment as a legitimate exercise of consumer rights, for example, a dispute concerning the terms of an agreement.

History

Source: 24 SDR 24, effective August 31, 1997.
General Authority: SDCL 28-7A-3(7).
Law Implemented: SDCL 28-7A-3(7).

ARSD 67:10:07:05 Standards for appointment of protective payee

A protective payee must meet the following standards:

(1) Be interested in and concerned with the well-being of the assistance unit, demonstrated by frequent visits to the family or by past efforts to help the family during times of crisis;

(2) Have the interest, ability, and time to help the family make proper use of the assistance payment demonstrated by past experience in purchasing food, clothing, and household supplies within a restricted income or by knowledge of effective household money management practices;

(3) Live geographically close to the family or be accessible to the family for consultations on household budgeting and other household money payment problems; and

(4) May not be an individual with a direct interest in the disposition of the assistance payment, such as a landlord, grocer, or other vendor of goods and services who deals with the recipient.

History

Source: 24 SDR 24, effective August 31, 1997.
General Authority: SDCL 28-7A-3(7).
Law Implemented: SDCL 28-7A-3(7).

ARSD 67:10:07:06 Protective payee for minor parent not living with parent, legal guardian, or adult relative

If a minor parent is not living with a parent, legal guardian, or adult relative, the department shall appoint a protective payee to manage the assistance payment.

Cross-References: Eligibility restrictions for a parent under age 18, § 67:10:01:14; Exceptions to eligibility requirements for parents under age 18, § 67:10:01:15.

History

Source: 24 SDR 24, effective August 31, 1997.
General Authority: SDCL 28-7A-3(7).
Law Implemented: SDCL 28-7A-3(7).

ARSD 67:10:07:07 Protective payee -- Fees

On request from the protective payee, the department shall pay the protective payee a fee for services. The fee is limited to the greater of $5 a month or five percent of the assistance grant rounded to the nearest dollar. The fee is not deducted from the recipient's assistance grant.

This section does not apply if the protective payee is a department employee.

History

Source: 24 SDR 24, effective August 31, 1997.
General Authority: SDCL 28-7A-3(7).
Law Implemented: SDCL 28-7A-3(7).

ARSD 67:10:07:08 Protective payee -- Required financial reports

Within 30 days following termination of the protective payee arrangement, the protective payee must provide to the department a list of expenditures made on behalf of the assistance unit.

If the arrangement exceeds one year, the protective payee must provide annually to the department a list of expenditures within 30 days following the end of each 12-month period. The first 12-month period begins with the month following the month of appointment.

History

Source: 24 SDR 24, effective August 31, 1997.
General Authority: SDCL 28-7A-3(7).
Law Implemented: SDCL 28-7A-3(7).

ARSD 67:10:07:09 Vendor payment

If the department and the caretaker relative determine that a vendor payment is necessary, the department shall pay the vendor directly.

History

Source: 24 SDR 24, effective August 31, 1997.
General Authority: SDCL 28-7A-3(7).
Law Implemented: SDCL 28-7A-3(7).

ARSD 67:10:07:10 Vendor payment for rent -- Voluntary

A caretaker relative may request the department to make a vendor payment for the assistance unit's rent. The caretaker relative must make the request in writing. The department shall make the vendor warrant payable to the assistance unit's landlord.

This vendor payment continues until the assistance unit is no longer eligible for assistance or the caretaker relative sends a written notice to the department requesting that the payment be discontinued.

History

Source: 24 SDR 24, effective August 31, 1997.
General Authority: SDCL 28-7A-3(7).
Law Implemented: SDCL 28-7A-3(7).

ARSD 67:10:07:11 Two-party payment

If the caretaker relative and the department determine that a two-party payment is necessary, the department shall issue a warrant made payable to both the caretaker relative and the individual or entity which is furnishing or has furnished goods or services on behalf of the assistance unit.

History

Source: 24 SDR 24, effective August 31, 1997.
General Authority: SDCL 28-7A-3(7).
Law Implemented: SDCL 28-7A-3(7).

ARSD 67:10:07:12 Termination of protective payment because of mismanagement

The department shall discontinue making a protective payment because of mismanagement when it determines that the caretaker relative has demonstrated an ability to manage the assistance payment.

History

Source: 24 SDR 24, effective August 31, 1997.
General Authority: SDCL 28-7A-3(7).
Law Implemented: SDCL 28-7A-3(7).

ARSD 67:10:07:13 Emergency payment

In an emergency situation involving the payee, such as sudden death, desertion, imprisonment, or commitment to a hospital for the mentally ill, the department may make an emergency payment to a person acting for the caretaker relative provided the child was a recipient at the time the emergency occurred.

An emergency payment shall continue for the period necessary to make and carry out plans for the continuing care and support of the child.

History

Source: 24 SDR 24, effective August 31, 1997.
General Authority: SDCL 28-7A-3(7).
Law Implemented: SDCL 28-7A-3(7).

ARSD 67:10:07:14 Fair hearing

If a fair hearing is requested to contest an action intended under the provisions of this chapter, the department may not change the form of payment until a hearing decision supports the need for the payment change.

History

Source: 24 SDR 24, effective August 31, 1997.
General Authority: SDCL 28-7A-3(7)(12).
Law Implemented: SDCL 28-7A-3(7)(12).

Chapter 67:10:08 Transitional employment allowance

ARSD 67:10:08:01 Definitions

Terms used in this chapter mean:

(1) "Transitional employment allowance," a one-time money payment intended to reimburse a family for costs associated with transitioning from the TANF program to employment.

History

Source: 24 SDR 24, effective August 31, 1997.
General Authority: SDCL 28-7A-3(1)(7).
Law Implemented: SDCL 28-7A-3(1)(7), 28-7A-12.

ARSD 67:10:08:02 Eligibility for transitional employment allowance

An assistance unit which becomes ineligible for TANF is eligible for a transitional employment allowance if the following conditions exist:

(1) The assistance unit received TANF in South Dakota in the month before becoming ineligible;

(2) The parent is a member of the assistance unit and had increased income from employment;

(3) The parent's employment averages at least 80 hours a month. A parent meets the requirements of this subdivision if the parent has multiple part-time jobs which are permanent and which together average at least 80 hours a month; and

(4) The parent's employment is anticipated to last at least 120 days.

History

Source: 24 SDR 24, effective August 31, 1997; 26 SDR 168, effective July 1, 2000; 36 SDR 103, effective December 21, 2009.
General Authority: SDCL 28-7A-3(1)(7).
Law Implemented: SDCL 28-7A-3(1)(7), 28-7A-12.

ARSD 67:10:08:03 Amount of transitional employment allowance

The transitional employment allowance is equal to the TANF payment received in the month prior to the month of ineligibility.

History

Source: 24 SDR 24, effective August 31, 1997; 36 SDR 103, effective December 21, 2009.
General Authority: SDCL 28-7A-3(1)(7).
Law Implemented: SDCL 28-7A-3(1)(7), 28-7A-12.

ARSD 67:10:08:04 Limit on transitional employment allowance

A parent who has received a transitional employment allowance is ineligible for future transitional employment allowances until the parent has been a nonrecipient of cash payments for 12 consecutive months and again meets the requirements of § 67:10:08:02.

History

Source: 24 SDR 24, effective August 31, 1997.
General Authority: SDCL 28-7A-3(1)(7).
Law Implemented: SDCL 28-7A-3(1)(7), 28-7A-12.

Chapter 67:10:09 Intentional program violations

ARSD 67:10:09:01 Definitions

Terms used in this chapter mean:

(1) "Intentional program violation," or "IPV," an intentional false or misleading statement, misrepresentation, concealment, or withholding of facts, or an intentional act intended to mislead, misrepresent, conceal, withhold facts, or propound a falsity for the purpose of establishing or maintaining the assistance unit's eligibility for assistance or for increasing or preventing a reduction in the amount of the assistance grant.

History

Source: 24 SDR 24, effective August 31, 1997.
General Authority: SDCL 28-7A-3(5).
Law Implemented: SDCL 28-7A-3(5), 28-7A-16.

ARSD 67:10:09:02 Disqualification hearing for individual suspected of committing IPV -- Postponement -- Consolidation with fair hearing

When there is an allegation that an individual has committed an IPV, the department shall conduct an investigation. The department may initiate a disqualification hearing against an individual suspected of committing an IPV and may refer the matter to federal, state, tribal, or local officials for further legal action.

An impartial hearing officer who has not had any previous involvement in the case shall conduct the disqualification hearing. If the hearing officer determines that a medical assessment is necessary, the assessment shall be obtained at the department's expense.

A disqualification hearing may be postponed once as long as the individual requests the postponement at least ten days before the date of the scheduled hearing.

An individual's fair hearing conducted under chapter 67:17:02 may be consolidated with a disqualification hearing if the hearings involve the same or related circumstances and the department notifies the individual before the date of the consolidated hearing.

History

Source: 24 SDR 24, effective August 31, 1997.
General Authority: SDCL 28-7A-3(5).
Law Implemented: SDCL 28-7A-3(5), 28-7A-16.

ARSD 67:10:09:03 Hearing waiver

An individual accused of committing an IPV may waive the right to an administrative disqualification hearing for the first and second violations. An individual who waives this right is ineligible to participate in the program for one year for the first violation and two years for the second violation. A hearing waiver may not be used for a third violation.

History

Source: 24 SDR 24, effective August 31, 1997.
General Authority: SDCL 28-7A-3(5).
Law Implemented: SDCL 28-7A-3(5), 28-7A-16.

ARSD 67:10:09:04 Notice of hearing

If a hearing waiver is not obtained before the hearing date is set, the department shall set the date and, at least 30 days before the date, send a written notice to the individual suspected of having committed the IPV. The notice must include the following information:

(1) The date, time, and location of the hearing;

(2) The charge against the individual;

(3) A summary of the evidence and a statement of how and where the individual may examine the evidence;

(4) A warning that the individual's failure to appear without good cause results in a decision by the hearing officer based solely on the information provided by the department at the hearing;

(5) A statement that the individual may request a postponement of the hearing if the request is made to the department at least ten days before the scheduled hearing;

(6) A statement that the individual has ten days from the date of the scheduled hearing to present to the department good cause for failure to appear at the hearing in order to receive a new hearing;

(7) A description of the penalties that result from a determination that the individual has committed an IPV and a statement of which penalty is applicable to the individual;

(8) A statement that the hearing does not preclude the department from prosecuting the individual for an IPV in a civil or criminal court action or from collecting an overpayment;

(9) A listing of individuals or organizations that provide free legal representation to individuals alleged to have committed an IPV;

(10) An explanation that the individual may waive the right to appear at an administrative disqualification hearing; and

(11) A statement of the individual's right to remain silent concerning the charge and that anything said or signed by the individual concerning the charge may be used against the individual in a court of law.

History

Source: 24 SDR 24, effective August 31, 1997.
General Authority: SDCL 28-7A-3(5).
Law Implemented: SDCL 28-7A-3(5), 28-7A-16.

ARSD 67:10:09:05 Individual's rights at hearing

During a disqualification hearing the individual or the individual's representative may take the following actions:

(1) Before the date of the hearing and during the hearing, examine the contents of the individual's case file and all documents and records to be used by the department at the hearing;

(2) Present the case personally or with the aid of an authorized representative;

(3) Bring witnesses;

(4) Establish pertinent facts and circumstances;

(5) Advance any arguments without undue influence; and

(6) Question or refute any testimony or evidence, including the opportunity to confront and cross-examine adverse witnesses.

History

Source: 24 SDR 24, effective August 31, 1997.
General Authority: SDCL 28-7A-3(5).
Law Implemented: SDCL 28-7A-3(5), 28-7A-16.

ARSD 67:10:09:06 Disqualification hearing decision

The hearing officer for the disqualification hearing must make a decision within 90 days after the date of the notice. The decision must be based on clear and convincing evidence which demonstrates that the individual intended to commit an IPV.

If the hearing is postponed, the 90-day limit is extended by the length of the postponement.

History

Source: 24 SDR 24, effective August 31, 1997.
General Authority: SDCL 28-7A-3(5).
Law Implemented: SDCL 28-7A-3(5), 28-7A-16.

ARSD 67:10:09:07 No disqualification until finding, plea, or waiver

An individual may not be disqualified until one of the following occurs:

(1) A department hearing officer finds through an administrative disqualification hearing that the individual committed an IPV;

(2) The individual pleads guilty or nolo contendere to an IPV charge;

(3) A state or federal court finds that the individual committed an IPV; or

(4) The individual waives the right to a disqualification hearing.

This section does not prohibit the state from discontinuing, terminating, suspending, or reducing assistance or changing the manner or form of payment to a protective, vendor, or two-party payment for other reasons.

History

Source: 24 SDR 24, effective August 31, 1997.
General Authority: SDCL 28-7A-3(5).
Law Implemented: SDCL 28-7A-3(5), 28-7A-16.

ARSD 67:10:09:08 Finding of IPV -- Notice -- Begin disqualification period

If there is a finding of an IPV, the department shall send a written notice to the individual before the disqualification becomes effective. The notice shall inform the individual of the decision, the reason for the decision, the period of disqualification, and the amount of the assistance payment the unit will receive during the disqualification period.

The disqualification shall begin no later than the first day of the second month which follows the date of the notice of disqualification.

History

Source: 24 SDR 24, effective August 31, 1997.
General Authority: SDCL 28-7A-3(5).
Law Implemented: SDCL 28-7A-3(5), 28-7A-16.

ARSD 67:10:09:09 Disqualification penalties

An individual is ineligible for assistance if the individual pleads guilty or nolo contendere to an IPV charge or if a hearing officer or court finds that the individual has committed an IPV. The periods of ineligibility are as follows:

(1) For an IPV which occurred before September 1, 1997:

(a) Six months for the first occurrence;

(b) Twelve months for the second occurrence; and

(2) For an IPV which occurred after August 31, 1997:

(a) Twelve months for the first occurrence;

(b) Twenty-four months for the second occurrence; and

During the disqualification period, the individual's needs are not considered when determining the assistance unit's need and the amount of assistance; however, the individual's resources and income are considered available to the assistance unit.

The disqualification penalty affects only the individual concerned and may not take the place of other sanctions under the program.

History

Source: 24 SDR 24, effective August 31, 1997.
General Authority: SDCL 28-7A-3(5).
Law Implemented: SDCL 28-7A-3(5), 28-7A-16.

ARSD 67:10:09:10 Penalties applied when waiver signed -- Notice

If an individual waives the right to a disqualification hearing, the disqualification and appropriate reduction of assistance result regardless of whether the individual admits or denies the charges.

The department shall send a written notice to the individual informing the individual of the period of disqualification and the amount of payment the assistance unit will receive during the disqualification period. The disqualification shall begin no later than the first day of the second month following the date of the notice of disqualification.

History

Source: 24 SDR 24, effective August 31, 1997.
General Authority: SDCL 28-7A-3(5).
Law Implemented: SDCL 28-7A-3(5), 28-7A-16.

ARSD 67:10:09:11 Disqualification penalties -- Stay -- Review

Any period for which a disqualification penalty is imposed remains in effect without the possibility of an administrative stay unless the finding on which the penalty was based is reversed by a court of appropriate jurisdiction. The duration of the disqualification period is not subject to review.

History

Source: 24 SDR 24, effective August 31, 1997.
General Authority: SDCL 28-7A-3(5).
Law Implemented: SDCL 28-7A-3(5), 28-7A-16.

ARSD 67:10:09:12 Disqualification penalty is in addition to other sanctions or penalties

If a disqualification penalty and other sanctions or penalties apply, the disqualification penalty must be adhered to and is in addition to any other sanction or penalty which may be imposed by law for the same offense.

History

Source: 24 SDR 24, effective August 31, 1997.
General Authority: SDCL 28-7A-3(5).
Law Implemented: SDCL 28-7A-3(5), 28-7A-16.

Chapter 67:10:10 Notice requirements

ARSD 67:10:10:01 Definitions

Terms used in this chapter mean:

(1) "Adequate notice," the written notice sent to an applicant or a recipient by the department informing the applicant or recipient of a department action which affects the applicant's or recipient's case;

(2) "Conference," an informal meeting between representatives from the department and an applicant or recipient at which time the applicant or recipient may present information to the department to show that the proposed action is incorrect; and

(3) "Timely notice," the written notice sent to a recipient by the department ten days before the date the department intends to take an action or ten days before the intended change would become effective.

History

Source: 24 SDR 24, effective August 31, 1997.
General Authority: SDCL 28-7A-3(12).
Law Implemented: SDCL 28-7A-3(12).

ARSD 67:10:10:02 Contents of notice

A notice shall contain the following information:

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

(2) The reason for the intended action;

(3) The specific regulation supporting the action;

(4) An explanation of the individual's right to request a conference and to be represented by others at the conference;

(5) The right to and procedure for requesting a fair hearing;

(6) The right to be represented by others at the hearing;

(7) The time limit for requesting a hearing; and

(8) An explanation of the individual's rights.

History

Source: 24 SDR 24, effective August 31, 1997.
General Authority: SDCL 28-7A-3(12).
Law Implemented: SDCL 28-7A-3(12).

ARSD 67:10:10:03 Timely notice

Unless specifically listed in § 67:10:10:04 or 67:10:10:05, the department shall send a timely notice to the assistance unit any time the department intends to take an action which will adversely affect the assistance unit's payment.

In cases of probable fraud, notice of a proposed action which 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.

History

Source: 24 SDR 24, effective August 31, 1997.
General Authority: SDCL 28-7A-3(12).
Law Implemented: SDCL 28-7A-3(12).

ARSD 67:10:10:04 Situations which require adequate notice

The department may dispense with timely notice and send an adequate notice if:

(1) The department has factual information confirming a recipient's or payee's death and there is no relative available to serve as the new payee;

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

(a) That the recipient no longer wishes to receive assistance; or

(b) That provides information requiring termination or reduction of assistance;

(3) The recipient is admitted or committed to a mental health facility or correctional institution;

(4) The recipient is placed in skilled nursing care, intermediate care, or long-term hospital care;

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

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

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

(8) The department takes action because of information the recipient furnished in a report or because the recipient failed to submit a complete or timely report as required by § 67:10:05:14;

(9) The department takes action because of information the individual furnished in an application form;

(10) The recipient of a one-person case has died; or

(11) The parent is participating in a work requirement under the provisions of § 67:10:06:19 and will not receive an assistance payment until after completing the required work.

Cross-References:

Full determination of continuing eligibility, § 67:10:01:24.

Timely notice, § 67:10:10:03.

History

Source: 24 SDR 24, effective August 31, 1997; portions of this rule were transferred from § 67:10:10:05, 26 SDR 168, effective July 1, 2000; 36 SDR 103, effective December 21, 2009; 51 SDR 3, effective June 30, 2024.
General Authority: SDCL 28-7A-3(12).
Law Implemented: SDCL 28-7A-3(12).

ARSD 67:10:10:05 Transferred

Transferred to § 67:10:10:04.**

ARSD 67:10:10:06 Conference with department staff

Any time there has been an action which adversely affects the grant, the applicant or recipient may request a conference with staff from the department. A conference may be held by way of a telephone conference or in person. The recipient must request the conference during the 10-day advance written notice period or within 10 days after the date of the action.

An applicant who has received written notice of a decision relating to an application may request a conference. The applicant must request the conference within 10 days after the written notice is mailed.

Within five days after receiving the request, the department shall arrange for a conference with the applicant or recipient.

At the end of the conference, the department shall inform the applicant or recipient of the department's final decision. If a final decision cannot be made, the conference may be extended until a decision is reached and written notice of the decision delivered to the applicant or recipient. Following receipt of the final decision, the applicant or recipient has 30 days to request a hearing.

Cross-Reference: Fair hearings, ch 67:17:02.

History

Source: 24 SDR 24, effective August 31, 1997.
General Authority: SDCL 28-7A-3(12).
Law Implemented: SDCL 28-7A-3(12).

ARSD 67:10:10:07 Continuance of aid pending hearing decision

If the recipient requests a fair hearing within ten days after the department mails the notice of adverse action, the department shall continue to provide assistance without reducing, terminating, suspending, or changing the manner or form of payment until the fair hearing decision is made. The recipient may request that continued assistance not be paid during that time.

In no case may assistance be continued if any of the following circumstances exist:

(1) The adverse action is due to a change which affects a majority of recipients and the only issue being contested is eligibility, the benefit level, or whether state or federal law or policy was improperly applied;

(2) The recipient fails to submit a completed report form if one is required;

(3) 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

(4) 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.

History

Source: 24 SDR 24, effective August 31, 1997; 36 SDR 103, effective December 21, 2009.
General Authority: SDCL 28-7A-3(12).
Law Implemented: SDCL 28-7A-3(12).

ARSD 67:10:10:08 Corrective payments

If the hearing decision is favorable to the applicant or recipient or if the department decides in favor of the applicant or recipient before the hearing, the department shall make corrective payments according to § 67:10:05:13. If the hearing decision is favorable to the department, the department shall recover the overpayment according to § 67:10:05:12.

History

Source: 24 SDR 24, effective August 31, 1997.
General Authority: SDCL 28-7A-3(12).
Law Implemented: SDCL 28-7A-3(12).

ARSD 67:10:10:09 Modification of aid

Nothing contained in the decision precludes the department from modifying assistance after the decision if there are changed conditions.

History

Source: 24 SDR 24, effective August 31, 1997.
General Authority: SDCL 28-7A-3(12).
Law Implemented: SDCL 28-7A-3(12), 28-7A-14.

ARSD Article 67:10 — TEMPORARY ASSISTANCE TO NEEDY FAMILIES

SOCIAL SERVICES SOCIAL SERVICES

Chapter 67:10:01 General provisions

ARSD 67:10:01:01 Definitions

ARSD 67:10:01:02 Certain children eligible for assistance

ARSD 67:10:01:03 Signed application

ARSD 67:10:01:04 Individuals who must be included in assistance unit -- Option for Indian stepparent or child in foster care

ARSD 67:10:01:05 Individuals ineligible for assistance

ARSD 67:10:01:06 Specific degree of relationship between child and parent or relative

ARSD 67:10:01:07 Citizenship and alienage

ARSD 67:10:01:08 Assistance for qualified alien

ARSD 67:10:01:09 Residency

ARSD 67:10:01:10 Child considered to be living with caretaker relative if attending boarding school or treatment program

ARSD 67:10:01:11 Temporary absence of child -- Caretaker relative required to notify department

ARSD 67:10:01:12 Mandatory participation in work activities

ARSD 67:10:01:13 Repealed

ARSD 67:10:01:14 Eligibility restrictions for a parent under age 18

ARSD 67:10:01:15 Exceptions to eligibility requirements for parents under age 18

ARSD 67:10:01:16 Assistance unit ineligible after 60 months

ARSD 67:10:01:16.01 Hardship criteria for assistance unit ineligible after 60 months

ARSD 67:10:01:17 Applicants or recipients to take advantage of all income and resources

ARSD 67:10:01:18 Method of determining initial and continuing eligibility

ARSD 67:10:01:19 Applicant to provide information promptly

ARSD 67:10:01:20 Determination of eligibility within 30 days

ARSD 67:10:01:21 Date financial assistance begins

ARSD 67:10:01:22 Assistance denied or terminated if caseworker cannot locate recipient or applicant

ARSD 67:10:01:23 Assistance unit to report change of circumstances

ARSD 67:10:01:24 Full determination of continuing eligibility

ARSD 67:10:01:25 Individual to supply necessary information

ARSD 67:10:01:26 Individual to supply third-party liability information -- Penalty

ARSD 67:10:01:27 Good cause for refusing to cooperate

ARSD 67:10:01:28 Good cause -- Individual to provide timely evidence -- Extensions -- Failure to respond

ARSD 67:10:01:29 Evidence of good cause

ARSD 67:10:01:30 Criteria for basing good cause on emotional harm

ARSD 67:10:01:31 Department to investigate good cause claims

ARSD 67:10:01:32 Departmental contact with absent parent

ARSD 67:10:01:33 Department to determine good cause and notify individual -- Contents of notice

ARSD 67:10:01:34 Biannual redetermination of good cause -- Notice of rescindment

ARSD 67:10:01:35 Availability of information

ARSD 67:10:01:35.01 Release of confidential information

Chapter 67:10:02 Deprivation

ARSD 67:10:02:01 Definitions

ARSD 67:10:02:02 Deprivation of parental support or care

ARSD 67:10:02:03 Physical or mental incapacity of a parent

ARSD 67:10:02:04 Incapacity -- Basis for payments for medical examinations and reports -- Authorization required for intensive procedures

ARSD 67:10:02:05 Cessation of incapacity

ARSD 67:10:02:06 Deprivation because of unemployment

ARSD 67:10:02:07 Circumstances under which parent not considered unemployed

Chapter 67:10:03 Income requirements

ARSD 67:10:03:01 Definitions

ARSD 67:10:03:02 Income considered

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

ARSD 67:10:03:04 Deductions from income

ARSD 67:10:03:05 Standard earned income deduction

ARSD 67:10:03:06 Income of parent considered available to dependent child

ARSD 67:10:03:07 Consideration of income of parent of minor parent

ARSD 67:10:03:08 Income of Indian stepparents in Indian country not considered

ARSD 67:10:03:09 Consideration of sponsor's income and resources to alien

ARSD 67:10:03:10 Periodic and lease income considered

ARSD 67:10:03:11 Recurring monthly or semi-monthly income

ARSD 67:10:03:12 Earned income from self-employment

ARSD 67:10:03:13 Treatment of income from boarder

ARSD 67:10:03:14 Treatment of income from roomer

ARSD 67:10:03:15 Treatment of income from ineligible individual because of an action or inaction on the part of the individual

ARSD 67:10:03:16 Pre-strike income considered for individuals on strike

ARSD 67:10:03:17 Striker defined

ARSD 67:10:03:18 Treatment of lump sum income

ARSD 67:10:03:19 Contract income intended for annual support

ARSD 67:10:03:20 Treatment of interest income from trust

ARSD 67:10:03:21 Unearned income from rental property

ARSD 67:10:03:22 Repealed

Chapter 67:10:04 Resource requirements

ARSD 67:10:04:01 Definitions

ARSD 67:10:04:02 Resources considered

ARSD 67:10:04:03 Maximum resource limit

ARSD 67:10:04:04 Resources excluded from consideration

ARSD 67:10:04:05 Individual temporarily absent from home -- Conditions for exclusion

ARSD 67:10:04:06 Exclusion of earned income tax credit

ARSD 67:10:04:07 Exclusion of funds owned by dependent child

ARSD 67:10:04:08 Other real property to be placed on market