S.D. Admin. R. 67:12:05:51

Current through Register Vol. 51, page 46, September 30, 2024

Section 67:12:05:51 - Individuals excluded from assistance unit - Nondependent household members

The following individuals are considered nondependent household members and are excluded from the assistance unit; their needs may not be considered when determining the amount of the assistance grant:

(1) Parents and siblings who receive SSI benefits;

(2) Parents and siblings who are aliens and are ineligible for AFDC because of the application of sponsor-to-alien deeming required by § 67:12:01:14.01;

(3) Parents and siblings who are aliens and are ineligible for AFDC because they do not meet the citizenship and alienage requirements;

(4) Parents and siblings who are ineligible for AFDC as the result of the imposition of a sanction;

(5) Parents and siblings previously entitled to AFDC who are ineligible due to receipt of lump sum income; and

(6) Parents and siblings for whom foster care maintenance payments are received.

S.D. Admin. R. 67:12:05:51

SL 1975, ch 16, § 1; 2 SDR 88, effective 7/1/1976; 3 SDR 52, effective 1/27/1977; 5 SDR 48, effective 12/19/1978; 5 SDR 102, effective 6/6/1979; 7 SDR 23, effective 9/18/1980; 7 SDR 66, 7 SDR 89, effective 7/1/1981; 11 SDR 54, effective 10/1/1984; 21 SDR 172, effective 4/3/1995; 22 SDR 70, effective 11/19/1995.

General Authority: SDCL 28-7-2.

Law Implemented: SDCL 28-7-1, 28-7-4.

Collateral Reference: Definition, King v Smith, 392 U.S. 309 (1968).

Definition, 45 C.F.R. § 233.90 (a). Application, determination of eligibility and furnishing of assistance, 45 C.F.R. § 206.10. Citizenship and alienage, 45 C.F.R. § 233.50. Deeming of sponsor's income and resources to sponsored alien, 45 C.F.R. § 233.51. Individuals who must be included in assistance unit, § 67:12:01:69.