Statutes, codes, and regulations
South Dakota Administrative Rules
Title 67 - Department of Social ServicesArticle 67:12 - Assistance payments
Chapter 67:12:05 - Limitations on personal property
Section 67:12:05:36 - Determining continuing eligibility

S.D. Admin. R. 67:12:05:36

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Current through Register Vol. 51, page 46, September 30, 2024
Section 67:12:05:36 - Determining continuing eligibility

To determine continuing eligibility, the department shall apply total income, less exclusions, against the applicable need standard in § 67:12:06:04.01 for a similar AFDC household. If this income exceeds 185 percent of the standard, the assistance unit is no longer eligible for AFDC.

If the assistance unit is eligible, the department shall review the case to determine eligibility for the earned income exemption as specified in § 67:12:05:14. If a member of the assistance unit is eligible for the earned income exemption, the department shall apply the member's gross income minus the standard earned income deduction, the earned income exemption, and the dependent care disregard against the applicable need standard. If income exceeds the need, the assistance unit is no longer eligible for AFDC.

If a member of the assistance unit is not eligible for the earned income exemption, the department shall apply the member's gross income minus the standard earned income deduction and the dependent care disregard against the applicable need standard. If income exceeds the need, the assistance unit is no longer eligible for AFDC.

S.D. Admin. R. 67:12:05:36

SL 1975, ch 16, § 1; 2 SDR 88, effective 7/1/1976; 7 SDR 66, 7 SDR 89, effective 7/1/1981; 8 SDR 82, effective 1/13/1982; 8 SDR 174, effective 6/28/1982; 12 SDR 4, effective 7/21/1985; 12 SDR 112, effective 1/16/1986; 12 SDR 204, effective 7/1/1986; 16 SDR 58, effective 10/1/1989.

General Authority: SDCL 28-7-2.

Law Implemented: SDCL 28-7-4.

Standard earned income deduction, § 67:12:05:18. Dependent care disregard from earnings -- Employed caretaker relative, § 67:12:05:21. Need and amount of assistance, 45 C.F.R. § 233.20 (a)(3).