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.
S.D. Admin. R. 67:10:03:16
General Authority: SDCL 28-7A-3(1)(3).
Law Implemented: SDCL 28-7A-3(1)(3).
Standard earned income deduction, § 67:10:03:05; Striker defined, § 67:10:03:17.