S.D. Admin. R. 67:10:03:03

Current through Register Vol. 50, page 159, June 17, 2024

Section 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) Other than income received from on-the-job training, income received as a result of participating in the WIA program;

(9) Payments received as a volunteer in the Service Corps of Retired Executives (SCORE), the Active Corps of Executives (ACE), or any other program under Title II or Title III;

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

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

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

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

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

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

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

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

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

(19) Tax refunds;

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

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

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

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

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

S.D. Admin. R. 67:10:03:03

24 SDR 24, effective 8/31/1997; 26 SDR 168, effective 7/1/2000; 36 SDR 103, effective 12/21/2009; 44 SDR 94, effective 12/4/2017

General Authority: SDCL 28-7A-3(1)(3)(12).

Law Implemented: SDCL 28-7A-3(1)(3)(12).