S.D. Admin. R. 67:12:05:52

Current through Register Vol. 51, page 48, October 7, 2024

Section 67:12:05:52 - Treatment of income from nonrecipient

Except for those nonrecipients whose income is deemed available to the assistance unit according to §§ 67:12:01:14.01 and 67:12:05:52.01, income from a nonrecipient is treated as follows:

(1) The cash contribution of a boarder shall be considered as income. A boarder is an individual who pays a home owner a stipulated sum for regular meals or meals and lodging. If the household offers board to people as a business, provisions of § 67:12:05:12 apply;

(2) The cash contribution of a roomer shall be considered as income. A roomer generally does not receive meals in addition to room. If the household offers room to people as a business, provisions of § 67:12:05:12 apply;

(3) The income of a sanctioned individual who except for the sanction would be required to be included in the assistance unit according to § 67:12:01:69 shall be considered available to meet and shall be deducted from the budgetary needs of the assistance unit; and

(4) For an assistance unit in an independent living arrangement, the cash contribution made by a nonrecipient household member for the assistance unit's rent or mortgage shall be considered unearned income to the assistance unit when either the rent contribution is made in the absence of a landlord-tenant agreement between the nonrecipient and the landlord or the mortgage contribution is made in the absence of an agreement between the nonrecipient and the mortgage holder.

For purposes of this rule, a nonrecipient is an individual who is not a part of the assistance unit for which income is being considered.

S.D. Admin. R. 67:12:05:52

SL 1975, ch 16, § 1; 5 SDR 102, effective 6/6/1979; 7 SDR 23, effective 9/18/1980; 7 SDR 66, 7 SDR 89, effective 7/1/1981; 8 SDR 82, effective 1/13/1982; 11 SDR 54, effective 10/1/1984; 12 SDR 204, effective 7/1/1986.

General Authority: SDCL 28-7-2.

Law Implemented: SDCL 28-7-4.

Definitions, § 67:12:06:00.