S.D. Admin. R. 67:12:06:00

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

Section 67:12:06:00 - Definitions

Words used in this chapter have the following meanings unless specifically indicated otherwise:

(1) "Need standard," the amount recognized by the department as meeting an assistance unit's basic living needs, such as shelter, utilities, food, clothing, household items, and personal care items and, if applicable, day care costs pursuant to § 67:12:15:02;

(2) "Dependent living arrangement," that situation which exists when the assistance unit resides in a household owned or rented by an individual who is neither a member of the assistance unit nor a caretaker relative who is a recipient of SSI or when a member of the assistance unit has a landlord-tenant agreement but is not expected to contribute monetarily toward rent;

(3) "Independent living arrangement," that situation which exists when a member of the assistance unit or a caretaker relative who is an SSI recipient has a landlord-tenant agreement and contributes or expects to contribute monetarily toward rent or when a member of the assistance unit or a caretaker relative who is an SSI recipient has homeowner's expenses;

(4) "Homeowner's expenses," those costs associated with residing in a home owned by the assistance unit or a caretaker relative who is an SSI recipient, such as mortgage payments, heat, lights, real estate taxes, insurance, trailer parking fees, and general maintenance;

(5) "Lodging expenses," those costs associated with residing in a home not owned by the assistance unit or a caretaker relative who is an SSI recipient, such as rent, heat, lights, and trailer parking fees;

(6) "In-kind" or "In-kind shelter," for an assistance unit in a dependent living arrangement, those lodging expenses provided in the assistance unit's behalf at no cost to the assistance unit;

(7) "Rental subsidy," for an assistance unit in an independent living arrangement, the difference between the amount the tenant pays for rent and the amount the department of housing and urban development or the farmers home administration determines to be the rent or operating costs for a particular rental unit; and

(8) "Landlord-tenant agreement," a bona fide agreement between a landlord and a tenant who do not reside in the same household in which the landlord gives the tenant temporary possession and use of real property for a specified sum of money and the tenant agrees to return the property to the landlord at a future time.

S.D. Admin. R. 67:12:06:00

12 SDR 204, effective 7/1/1986; 15 SDR 67, effective 11/6/1988.

General Authority: SDCL 28-7-2.

Law Implemented: SDCL 28-7-4, 28-7-9.