Common-law marriage shall be used as a basis of eligibility for a widow's admission to the home if the existence of the common-law marriage has been established by either the Social Security Administration or the United States Department of Veterans Affairs. If the question of existence of a common-law marriage has not been passed upon by either the Social Security Administration or the United States Department of Veterans Affairs, an independent evaluation of the attending facts and circumstances shall be made to determine whether or not a common-law marriage existed.
S.D. Admin. R. 50:05:01:05
General Authority: SDCL 33A-4-4.
Law Implemented: SDCL 33A-4-27.