An emergency award that was the result of lost income or support, emergency medical treatment expenses, or funeral and burial expenses shall first be deducted from any amounts payable to the individual for the individual's out-of-pocket losses. If repayment is not fully achieved through this deduction, the department shall reduce on a pro rata basis amounts which would otherwise be payable to other third parties on behalf of the individual.
If the amount of the final payment is less than the emergency award, the individual may be required to repay the difference.
S.D. Admin. R. 67:55:04:22
General Authority: SDCL 23A-28B-33.
Law Implemented: SDCL 23A-28B-27, 23A-28B-40.