S.D. Admin. R. 67:12:01:01

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

Section 67:12:01:01 - Definitions

Terms used in this article mean:

(1) "1115 waiver group," those assistance units participating in the demonstration project conducted under the waiver provisions contained in § 1115 of the Social Security Act as in effect on April 1, 1994;

(2) "Applicant," an individual who has directly or through an authorized representative applied for Aid to Families With Dependent Children from the department and whose application has not been terminated;

(3) "Assistance unit," a recipient or a group of related recipients within a household whose needs are recognized in one Aid to Families with Dependent Children grant;

(4) "Caretaker relative," a parent or relative with one of the degrees of relationship specified in § 67:12:01:27 who lives in the home and has the actual care and control of the child;

(5) "Control group," those assistance units not participating in the demonstration project conducted under the waiver provisions contained in § 1115 of the Social Security Act as in effect on April 1, 1994;

(6) "Deeming," the process in which income and resources are attributed to another person whether or not the income and resources are actually available to the other person;

(7) "Department," the Department of Social Services;

(8) "Dependent child," an individual who:

(a) Is under the age of eighteen, or age eighteen if a full-time student in a secondary school, or in the equivalent level of vocational or technical training program, and reasonably expected to graduate or complete the program before reaching age nineteen;

(b) Is living in the home of a parent or a caretaker relative; and

(c) Has been deprived of parental support or care by reason of the death, continued absence from the home, or physical or mental incapacity of a parent;

(9) "Earned income exemption," the amount determined according to § 67:12:05:14;

(10) "Medical-only," a medicaid coverage group for an individual who is ineligible for an Aid to Families With Dependent Children cash payment but is eligible for medicaid coverage under article 67:46 because they meet certain other criteria;

(11) "Parent caretaker relative," a natural parent, adoptive parent, or stepparent who lives in the home and has the actual care and control of a child for whom Aid to Families With Dependent Children is applied for or received, except for an Indian stepparent in Indian country, as defined in SDCL 1-1-12, who is under the exclusive jurisdiction of a tribe for purposes of determining the domestic relations rights of the family;

(12) "Recipient of Aid to Families With Dependent Children," an individual eligible for Aid to Families With Dependent Children assistance under article 67:12 whose needs are budgeted to determine the amount of the Aid to Families With Dependent Children cash payment;

(13) "Sponsor," a person, agency, or organization that executed an affidavit of support or similar agreement on behalf of an alien as a condition of the alien's entry into the United States;

(14) "Standard earned income deduction," or "deduction," the deduction for personal expenses according to § 67:12:05:18 associated with employment;

(15) "Strike," a work stoppage, including a work stoppage due to the expiration of a collective bargaining agreement, or deliberate slowdown or interruption of operations by a body of workers to enforce compliance with demands made on an employer; and

(16) "Student's income," either the earned income of a child who is at least a part-time student attending a school, college, or university or a course of vocational or technical training designed to fit the child for gainful employment or the earned income of a child who is a participant in the job corps program under the Job Training Partnership Act of 1982.

S.D. Admin. R. 67:12:01:01

SL 1975, ch 16, § 1; 2 SDR 88, effective 7/1/1976; 3 SDR 40, effective 11/30/1976; 4 SDR 10, effective 8/28/1977; 7 SDR 23, effective 9/18/1980; 7 SDR 66, 7 SDR 89, 7 SDR 120, effective 7/1/1981; 8 SDR 82, effective 1/13/1982; 8 SDR 95, effective 2/18/1982; 8 SDR 174, effective 6/28/1982; 9 SDR 24, effective 9/2/1982; 9 SDR 42, effective 10/10/1982; 9 SDR 148, effective 5/26/1983; 10 SDR 144, effective 7/1/1984; 12 SDR 112, effective 1/16/1986; 17 SDR 53, effective 10/16/1990; 20 SDR 196, effective 5/23/1994; 51 SDR 052, effective 11/11/2024

General Authority: SDCL 28-6-1.

Law Implemented: SDCL 28-6-1.

Indian stepparents, Arlis Iron Heart v James Ellenbecker and Otis R. Bowen, M.D., U.S. District Court for the District of South Dakota, Central Division, Civil Action No. 86-3057.