S.D. Admin. R. 67:13:03:10.03

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

Section 67:13:03:10.03 - Income exempt from consideration

In addition to the income considered to be exempt under the provisions of 7 C.F.R. § 273.9(c), (January 1, 2002), the following income is considered unavailable to meet the household's needs and is exempt from consideration:

(1) A charitable donation or assistance from a business, organization, agency, community endeavor, or church that is intended and used for purposes other than the household's basic month-to-month needs. If the income is used to meet the household's basic needs and is the result of a nonrecurring situation, the donation is considered as a lump sum resource;

(2) Student financial assistance such as Pell grants, supplemental educational opportunity grants, state student incentive grants, college work study, Perkins loans, guaranteed student loans, scholarships, veterans' educational benefits, Bureau of Indian Affairs deferred loans, and all other types of Bureau of Indian Affairs educational income;

(3) An amount up to $100 that is received by a member of the household in the form of a gift received as a result of a recurring occasion such as a birthday or Christmas. A gift received by one member of the household without evidence that it is intended for the entire household is divided in a way that is most financially advantageous to the household if the recipient claims the gift is intended for the entire household; and

(4) Interest income from a source other than a trust.

S.D. Admin. R. 67:13:03:10.03

30 SDR 26, effective 9/3/2003; 36 SDR 103, effective 12/21/2009; 44 SDR 94, effective 12/4/2017

General Authority: SDCL 28-12-1.

Law Implemented: SDCL 28-12-1.

Simplified definition of income, Pub. L. 107-171, § 4102 (116 stat. 306). Income excluded in computing household income, 7 U.S.C. § 2014(d).