S.D. Admin. R. 67:12:05:34

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

Section 67:12:05:34 - Use of earned income exemption in determining eligibility and computing the assistance payment

In determining eligibility and computing the assistance payment, the earned income exemption shall be applied as follows:

(1) Initial eligibility for a new applicant shall be determined without using the earned income exemption. If eligibility for a money payment can be established, the amount of the assistance payment shall be computed using the earned income exemption;

(2) When determining continuing eligibility and the amount of assistance, the earned income exemption shall be applied according to § 67:12:05:14;

(3) If a recipient is penalized for failing to report earned income or for terminating employment, reducing earned income, or refusing an offer of employment, the earned income exemption may not be applied for the month the penalty is in effect; and

(4) The earned income exemption shall be applied as follows in determining initial eligibility for a former recipient who is reapplying:

(a) The $30 plus one-third exemption shall be applied if the former recipient is eligible for it under § 67:12:05:14 and received AFDC in one or more of the four preceding months;

(b) The $30 exemption shall be applied if the former recipient is eligible for it under § 67:12:05:14; or

(c) Eligibility shall be determined according to subdivision (1) of this section if the former recipient does not qualify under (a) or (b) of this subdivision but is otherwise eligible under § 67:12:05:14.

S.D. Admin. R. 67:12:05:34

SL 1975, ch 16, § 1; 2 SDR 88, effective 7/1/1976; 7 SDR 66, 7 SDR 89, effective 7/1/1981; 8 SDR 82, effective 1/13/1982; 12 SDR 4, effective 7/21/1985.

General Authority: SDCL 28-7-2.

Law Implemented: SDCL 28-7-4.

Earned income exemption for AFDC, § 67:12:05:14.