S.D. Admin. R. 67:12:01:71

Current through Register Vol. 51, page 57, November 12, 2024
Section 67:12:01:71 - Denial of Aid to Families With Dependent Children benefits to strikers

Aid to Families With Dependent Children (AFDC) benefits in the payment month are affected if an eligible household member or a nonrecipient parent is participating in a strike on the last day of the payment month. If the participating striker is the parent, the department must deny benefits to the entire household.

If the participating striker is someone other than the parent, only the participating striker's needs will be removed from the AFDC grant, unless the participating striker is the only child in the AFDC grant. In this case, benefits must be denied to the entire household.

AFDC eligibility is not affected if the participating striker returns to work by the last day of the payment month.

For purposes of this section, "parent" means that parent with whom the dependent child is living.

For purposes of this section, "participating in a strike" means actual refusal, in concert with others, to provide services to one's employer.

S.D. Admin. R. 67:12:01:71

8 SDR 82, effective 1/13/1982; 10 SDR 144, effective 7/1/1984; 51 SDR 052, effective 11/11/2024

General Authority: SDCL 28-6-1.

Law Implemented: SDCL 28-6-1.

Denial of AFDC benefits to strikers, 45 C.F.R. § 233.106. Recovery of overpayments, § 67:12:06:01.