S.D. Admin. R. 67:12:04:13

Current through Register Vol. 51, page 56, November 4, 2024

Section 67:12:04:13 - Property transferred, sold, or assigned by applicant

The department shall determine an applicant to be ineligible for assistance if it can clearly be shown that the applicant's intent in transferring, selling, or assigning real or personal property with or without reservations was to render the applicant eligible for assistance. In determining the applicant's intent in making the transfer, sale, or assignment of real or personal property the department shall consider the following factors:

(1) The time period between the applicant's 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 applicant made the transfer, sale, or assignment with the intent of rendering the applicant eligible for assistance.

Any legal reservation retained by the applicant 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 real property limitations of chapter 67:12:04 and income limitations of chapter 67:12:05.

S.D. Admin. R. 67:12:04:13

SL 1975, ch 16, § 1; 3 SDR 52, effective 1/27/1977; 4 SDR 10, effective 8/28/1977; 7 SDR 66, 7 SDR 89, effective 7/1/1981.

General Authority: SDCL 28-7-2.

Law Implemented: SDCL 28-7-4.