The compensation for a resource includes all money, real or personal property, food, shelter, or services received by the individual or eligible spouse at or after the time of transfer in exchange for the resource only if the compensation was provided pursuant to a binding and legally enforceable agreement in effect at the time of the transfer. Compensation also includes all money, real or personal property, food, shelter, or services received prior to the actual transfer if they were provided pursuant to a written, binding and legally enforceable agreement in effect at the time the compensation for the resource is provided whereby the eligible individual would transfer the resource or otherwise pay for such items.
S.D. Admin. R. 67:46:05:12
General Authority: SDCL 28-6-1.
Law Implemented: SDCL 28-6-1.