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

Current through Register Vol. 51, page 57, November 12, 2024

Section 67:10:04:04 - Resources excluded from consideration

When determining the maximum resource limit, the department excludes the following from consideration:

(1) An individual's home if it is the usual residence of the assistance unit. The residence may not include different lots and tracts unless they are contiguous or consistently or regularly used as part of the residence. If the individual has two or more homes which are used at different times, the individual may claim only one home as the residence. If the individual is temporarily absent from the home, the home may be excluded if the conditions of § 67:10:04:05 are met;

(2) Household goods essential for day-to-day living, such as clothing, furniture, appliances, utensils, and similar essential personal effects;

(3) One primary vehicle;

(4) A vehicle that has a fair market value of no more than $4,650 and is used by the assistance unit to transport members of the assistance unit, obtain or continue employment, attend training preparatory to employment, or attend school;

(5) A vehicle used by the assistance unit which is necessary to transport a member of the assistance unit who has a physical disability, or is on SSI and would be a member of the assistance unit if not on SSI;

(6) A vehicle used by the assistance unit to carry water or fuel for home heating purposes if the assistance unit does not have piped-in water or fuel for heat;

(7) An income-producing vehicle;

(8) The equity value of a prepaid burial contract up to a maximum of $1,500 if designated for use by a member of the assistance unit and if it meets the criteria established in SDCL 55-11-1, 55-11-2, and 55-11-3;

(9) Real property held in trust by the United States government for a member of the assistance unit;

(10) Burial spaces owned by a member of the assistance unit if the spaces are intended for use by a member of the assistance unit. The number of burial spaces may not exceed the number of persons in the assistance unit. Burial spaces include gravesites, crypts, mausoleums, urns or other repositories, caskets, and concrete vaults; and

(11) Educational loans and grants which are excluded as income under § 67:10:03:03 are excluded as a resource for the period the loans or grants are intended to cover.

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

24 SDR 24, effective 8/31/1997; 26 SDR 168, effective 7/1/2000.

General Authority: SDCL 28-7A-3(1)(3)(12)

Law Implemented: SDCL 28-7A-3(1)(3)(12).