S.D. Admin. R. 67:47:01:05

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

Section 67:47:01:05 - Income eligibility

Eligibility for child care services is based on annual income. Income is considered prospectively based on the verification required in this section. As proof of income, a recipient must provide either copies of the last two pay stubs or employer verification of current wages. A recipient who is self-employed must provide a copy of the recipient's most recent income tax return. Depreciation is not an allowable expense and will be added to the recipient's net profit or loss. Income is considered as follows:

(1) If the child resides with both parents, consider the child's unearned income and the income of both parents;

(2) If the child resides with both parents but the parents are separated due to work or school, consider the child's unearned income and the income of both parents;

(3) If the child resides with one parent, consider the child's unearned income and the income of the parent with whom the child resides;

(4) If the child resides with one parent and that parent is cohabiting with another individual who is not the child's parent, consider the child's unearned income and the income of the parent;

(5) If a child resides with one parent who is cohabiting with another individual and the parent and the cohabiting individual have a child in common, consider the unearned income of the children and the income of the parent and the cohabiting individual;

(6) If the child resides with one parent and that parent is married to an individual who is not the child's parent, consider the child's unearned income and the income of both the parent and the parent's spouse;

(7) If the child resides with one parent a majority of the time but is residing with the second parent temporarily, consider the child's unearned income and the income of the second parent with whom the child has taken temporary residency;

(8) If the child resides with a guardian but custody is held by the department or a tribe, consider only the child's unearned income;

(9) If the child resides with a guardian and the guardian has custody and is married, consider the child's unearned income and the income of the guardian and the guardian's spouse;

(10) If the child resides with an adult who is married and exercises parental control over the child, consider the child's unearned income and the income of the adult exercising parental control and the spouse of the adult exercising parental control; and

(11) If the child's parent resides with one or both parents, a guardian, or an adult exercising parental control, consider the child's unearned income and the earned and unearned income of the child's parent.

For the parent, guardian, or adult exercising parental control of the child, income includes all earned and unearned income such as child support, temporary assistance to needy families, social security income, rental or lease income, interest income, work study, tips, retirement, unemployment benefits, wages, veterans benefits, and workers' compensation.

A household with adjusted income that exceeds 209 percent of the federal poverty level or 85 percent of the state median income, whichever is less, is ineligible for child care assistance.

S.D. Admin. R. 67:47:01:05

18 SDR 112, effective 1/9/1992; 19 SDR 102, effective 1/18/1993; 21 SDR 86, effective 11/6/1994; 22 SDR 188, effective 7/8/1996; 24 SDR 30, effective 9/14/1997; 27 SDR 43, effective 10/26/2000; 37 SDR 236, effective 6/28/2011; 43 SDR 31, effective 9/12/2016; 45 SDR 159, effective 7/1/2019; 49 SDR 021, effective 9/12/2022

General Authority: SDCL 28-1-61(1).

Law Implemented: SDCL 28-1-60.

Federal poverty level, § 67:11:01:03; Definition of "eligible child,"42 U.S.C. § 9858n(4) (July 1, 2016).