S.D. Admin. R. 67:10:10:04

Current through Register Vol. 51, page 64, December 9, 2024

Section 67:10:10:04 - Situations which require adequate notice

The department may dispense with timely notice and send an adequate notice if:

(1) The department has factual information confirming a recipient's or payee's death and there is no relative available to serve as the new payee;

(2) The department receives a verbal statement, or a clear written statement signed by the recipient:

(a) That the recipient no longer wishes to receive assistance; or

(b) That provides information requiring termination or reduction of assistance;

(3) The recipient is admitted or committed to a mental health facility or correctional institution;

(4) The recipient is placed in skilled nursing care, intermediate care, or long-term hospital care;

(5) The recipient's whereabouts are unknown and mail from the department directed to the individual is returned by the post office indicating no known forwarding address. The department must mail the recipient's check to the recipient if the whereabouts of the recipient become known during the payment period covered by the returned check;

(6) The recipient is accepted for assistance in another state and that fact is established by the department;

(7) The child is removed from the home as a result of a judicial determination or voluntarily placed in an alternative care setting by the child's legal guardian;

(8) The department takes action because of information the recipient furnished in a report or because the recipient failed to submit a complete or timely report as required by § 67:10:05:14;

(9) The department takes action because of information the individual furnished in an application form;

(10) The recipient of a one-person case has died; or

(11) The parent is participating in a work requirement under the provisions of § 67:10:06:19 and will not receive an assistance payment until after completing the required work.

S.D. Admin. R. 67:10:10:04

24 SDR 24, effective 8/31/1997; portions of this rule were transferred from; 51 SDR 003, effective 6/30/2024

General Authority: SDCL 28-7A-3(12).

Law Implemented: SDCL 28-7A-3(12).

Full determination of continuing eligibility, § 67:10:01:24. Timely notice, § 67:10:10:03.