S.D. Admin. R. 67:12:01:62

Current through Register Vol. 51, page 67, December 16, 2024
Section 67:12:01:62 - Incapacity based on blindness or visual impairment - Medical findings required

Aid to Families With Dependent Children assistance may be granted to a child whose parent suffers from physical incapacity because of blindness or visual impairment. To conclude the parent suffers from a physical incapacity, the disability incapacity consultation team must, based upon a review of sources described in § 67:12:01:40, find that the incapacity is so debilitating that it reduces substantially or eliminates the parent's ability to support or care for the otherwise eligible child. A determination of incapacity shall be made by the disability incapacity consultation team as provided in § 67:12:01:40.

Notwithstanding this section, any parent who meets the definition of a blind individual as defined under the supplemental security income, social security disability insurance, or supplemental security income disability program has established conclusive proof of physical incapacity due to blindness.

S.D. Admin. R. 67:12:01:62

1 SDR 66, effective 4/3/1975; 7 SDR 23, effective 9/18/1980; 7 SDR 66, 7 SDR 89, effective 7/1/1981; 18 SDR 67, effective 10/13/1991; 51 SDR 052, effective 11/11/2024

General Authority: SDCL 28-6-1.

Law Implemented: SDCL 28-6-1.

Definition of a blind individual, 42 U.S.C. § 1382c(a)(2). Definition of terms, 45 C.F.R. § 233.80. Physical or mental incapacity, 45 C.F.R. § 233.90(c)(1)(iv).