S.D. Admin. R. 67:10:03:07

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

Section 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.

S.D. Admin. R. 67:10:03:07

24 SDR 24, effective 8/31/1997.

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

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