S.D. Admin. R. 67:12:05:49

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

Section 67:12:05:49 - Periodic and lease income considered

The department considers income received from trust land leases by the fiscal year, July 1 through June 30.

Effective January 1, 1994, the department shall exclude up to $2,000 a year of lease income received by an Indian from real property held in trust by the federal government. If the income from the trust land lease is expected to continue to be over $2,000 after the date of application or after the date of the continuing eligibility determination, the department shall prorate for the current fiscal year the lease income received in the previous fiscal year when determining eligibility and computing the current assistance grant. The department may consider only that portion of income from the previous fiscal year's lease that is expected to continue in the current fiscal year.

All other periodic or contractual lease income is prorated over the length of the lease.

S.D. Admin. R. 67:12:05:49

SL 1975, ch 16,§ 1; 7 SDR 66, 7 SDR 89, effective 7/1/1981; 10 SDR 48, effective 11/21/1983; 20 SDR 144, effective 3/10/1994.

General Authority: SDCL 28-7-2.

Law Implemented: SDCL 28-7-4.