S.D. Admin. R. 67:10:05:13
The department shall correct underpayments within 30 days after the date of discovery. The amount of a retroactive payment made to a recipient may not be considered as income or a resource in the month paid or in the following month; however, the retroactive payment or any balance remaining is considered as a resource in the determination of the continuing eligibility of the recipient in the succeeding months.
Benefits are not restored if the underpayment is caused by the assistance unit's failure to report a change timely and correctly.
If the underpayment is caused by the department, benefits are restored for no more than 12 months from the date the department receives the request for restoration from the assistance unit or the date the department is notified or otherwise discovers that a loss in benefits has occurred, whichever occurs first.
The department shall restore lost benefits to an assistance unit even if the assistance unit is currently ineligible for assistance.
When determining the amount to be restored to the assistance unit, the department shall consider whether the assistance unit has an outstanding balance due from a previous overpayment. If the assistance unit has an outstanding balance from a previous overpayment, the amount outstanding is deducted from the amount of the benefits to be restored.
S.D. Admin. R. 67:10:05:13
General Authority: SDCL 28-7A-3(1).
Law Implemented: SDCL 28-7A-3(1), 28-7A-17.