S.D. Admin. R. 67:10:10:04

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

Section 67:10:10:04 - Situations which require adequate notice

In the following situations, the department may dispense with timely notice and send an adequate notice:

(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 clear written statement signed by the individual that the individual no longer wishes to receive assistance or that gives information which requires termination or reduction of assistance;

(3) The individual has been admitted or committed to an institution;

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

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

(6) The individual has been accepted for assistance in another state and that fact has been established by the department;

(7) The child has been 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 individual furnished in a report or because the individual 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.

S.D. Admin. R. 67:10:10:04

24 SDR 24, effective 8/31/1997; portions of this rule were transferred from

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

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

Timely notice, § 67:10:10:03. Full determination of continuing eligibility, § 67:10:01:24.