S.D. Admin. R. 67:12:05:57

Current through Register Vol. 51, page 48, October 7, 2024
Section 67:12:05:57 - Benefits to children and adults derived from government sources

All benefits derived from governmental sources, such as OASDI, unemployment compensation, worker's compensation, military allotments, and compensations which are actually received by applicants for or recipients of public assistance shall be considered available to and deductible from the requirements recognized on the assistance plan on the same basis as net income derived from real or personal property. If an individual within the household receives SSI, the department may not consider that individual's income or resources when determining AFDC eligibility and the amount of assistance. If the recipient payee's only child is determined eligible for and becomes a recipient of SSI, the recipient payee continues to be eligible for AFDC provided all other eligibility factors are met.

If an individual receives educational assistance from the veterans' administration, that part of the payment that is for the student and that actually is used for items such as tuition, books, fees, equipment, transportation for school purposes, and child care services necessary for school attendance shall not be considered as income for purposes of the AFDC program. That part of the payment received from the veterans administration for the individual's dependents who are in an AFDC assistance unit shall be counted available as nonexempt income.

S.D. Admin. R. 67:12:05:57

SL 1975, ch 16, § 1; 2 SDR 88, effective 7/1/1976; 4 SDR 27, effective 11/6/1977; 7 SDR 66, 7 SDR 89, effective 7/1/1981; 9 SDR 42, effective 10/10/1982; 11 SDR 54, effective 10/1/1984.

General Authority: SDCL 28-7-2.

Law Implemented: SDCL 28-7-4.

Consideration of grants from other agencies, 45 C.F.R. § 233.20 (a)(3)(vii); Exclusion of SSI benefits, 45 C.F.R. § 233.20 (a)(3)(x).