S.D. Admin. R. 67:12:01:16

Current through Register Vol. 51, page 67, December 16, 2024

Section 67:12:01:16 - Residence determination for applicants or recipients who leave the state

The following circumstances must be considered when determining the residence of, and the conditions of payments for, an applicant or recipient who leaves the state:

(1) An applicant or recipient who leaves the state voluntarily is considered a resident of the state where the applicant or recipient moves, unless the applicant or recipient declares an intention to return to South Dakota. An applicant or recipient who leaves South Dakota involuntarily, such as a person with an intellectual disability or a child, retains residence in South Dakota until eligibility is established for assistance in another state;

(2) If a recipient meets residence requirements in another state but delays unreasonably in applying for assistance or if the recipient meets residence requirements of and applies in another state but the application is rejected, assistance from South Dakota must be terminated;

(3) If the recipient expects to be temporarily absent from the state, the provisions of § 67:12:01:50 apply; and

(4) If a recipient has lived in another state long enough to indicate that the absence is not temporary and the recipient declares an intent to make that state the recipient's home, the caseworker must refer the recipient to the other state agency to apply for assistance. Assistance from South Dakota must be continued for up to three months after the referral.

S.D. Admin. R. 67:12:01:16

SL 1975, ch 16, § 1; 3 SDR 52, effective 1/27/1977; 5 SDR 48, effective 12/19/1978; 7 SDR 66, 7 SDR 89, effective 7/1/1981; 51 SDR 052, effective 11/11/2024

General Authority: SDCL 28-6-1.

Law Implemented: SDCL 28-6-1.