S.D. Admin. R. 67:10:04:14
Current through Register Vol. 51, page 57, November 12, 2024
The department considers personal property held in trust as a resource if the trust instrument is revocable, allows the administrator to sell property subject to the trust and use the proceeds to meet the needs of any member of the assistance unit, or allows the administrator to invade the principal and use the principal to meet the needs of any member of the assistance unit. The department considers a personal property trust created for the purpose of rendering an individual eligible to receive public assistance to be a transfer resulting in ineligibility.
S.D. Admin. R. 67:10:04:14
General Authority: SDCL 28-7A-3(1)(3)(4).
Law Implemented: SDCL 28-7A-3(1)(3)(4).
Determining periods of ineligibility, § 67:10:04:20.