CHAPTER 67:12:14
OPTIONAL STATE SUPPLEMENTAL PROGRAM
Section
67:12:14:01 Definitions.
67:12:14:02 Eligibility requirements for optional state program.
67:12:14:03 Termination of optional supplemental payment.
67:12:14:04 Payment of the optional supplement.
67:12:14:05 Death of recipient.
67:12:14:06 Notice of eligibility.
67:12:14:07 Notice of termination.
67:12:14:08 Determination of eligibility for retroactive payments.
67:12:14:09 Payment of retroactive benefits.
67:12:14:10 Social security "pass-on" increases.
67:12:14:11 Suspension of optional supplemental payment during SSI appeal.
67:12:14:01. Definitions. Terms used in this chapter mean:
(1) "In-kind support and maintenance," any support or maintenance, such as room, board, and clothing necessary for an individual to maintain a normal sustenance;
(2) "Other income," any earned or unearned income except SSI and in-kind support and maintenance which may include but is not limited to wages from employment, social security retirement, survivors and disability benefits, black lung disability income, lease income, veterans administration compensation, railroad retirement benefits, veterans pensions, and employment related pensions such as civil service or private pensions;
(3) Repealed;
(4) "Child," any individual who is neither married nor the head of the household and who is either under the age of 18 or under the age of 22 and a student regularly attending a school, college, or university designed to prepare the individual for gainful employment;
(5) "Institutionalized individual," a person who is living in an institution, as defined in 20 C.F.R. § 416.231, and is receiving treatment and services which are appropriate to the person's requirements; and
(6) "Optional state supplemental program," a supplemental payment to recipients of the SSI program as defined in chapter 204, SL 1978.
Source: 5 SDR 6, effective August 6, 1978; 7 SDR 66, 7 SDR 89, effective July 1, 1981.
General Authority: SDCL 28-1-50.
Law Implemented: SDCL 28-5A-1, 28-1-49.
Cross-References: 42 U.S.C.A. §§ 1381-1383(c); Limitation on eligibility due to institutional status, 20 C.F.R. § 416.231.
67:12:14:02. Eligibility requirements for optional state program. A person must meet all the following criteria to be eligible to receive benefits under the optional state supplemental program:
(1) The person is receiving SSI and may be receiving in-kind income;
(2) The person is an adult of at least 18 years of age and not in school;
(3) The person is a resident of South Dakota; and
(4) The person has independent living arrangements, such as a home, apartment, hotel room, or room in a boarding house, or resides in the household of another who provides in-kind support or maintenance. Institutionalized individuals or couples living in adult foster care or assisted living arrangements are not eligible.
Source: 5 SDR 6, effective August 6, 1978; 7 SDR 66, 7 SDR 89, effective July 1, 1981; 20 SDR 92, effective December 31, 1993.
General Authority: SDCL 28-1-50.
67:12:14:03. Termination of optional supplemental payment. The optional supplemental payment shall be discontinued in the month the department is notified of one or more of the following:
(1) The person is no longer receiving SSI benefits;
(2) The person is receiving other income in addition to SSI benefits;
(3) The person is no longer in an independent living arrangement as defined in subdivision 67:12:14:02(4);
(4) The person has died;
(5) The person has left South Dakota; or
(6) The person requests that the payment be discontinued.
Source: 5 SDR 6, effective August 6, 1978; 7 SDR 23, effective September 18, 1980; 7 SDR 66, 7 SDR 89, effective July 1, 1981; 9 SDR 42, effective October 10, 1982.
General Authority: SDCL 28-1-50.
67:12:14:04. Payment of the optional supplement. Persons eligible for the state optional supplemental program shall receive benefits at a rate approved by the department based on the annual appropriation by the state Legislature. The first payment shall be made in the month the department receives notification from the Social Security Administration that a person is currently receiving SSI payments and meets the eligibility requirements of § 67:12:14:02. Optional supplemental benefits may be paid retroactive to the month of initial SSI eligibility if the client is otherwise eligible, but no retroactive payment may be made for any month prior to the first month of the current state fiscal year.
Source: 5 SDR 6, effective August 6, 1978; 7 SDR 66, 7 SDR 89, effective July 1, 1981; 8 SDR 125, effective April 4, 1982.
General Authority: SDCL 28-1-50.
67:12:14:05. Death of recipient. In the event a recipient of benefits under this chapter dies after midnight of the first day of the month in which the recipient was eligible to receive an optional supplemental payment, the department shall make arrangements that the final optional supplemental payment shall be paid directly to the deceased recipient's personal representative.
Source: 5 SDR 6, effective August 6, 1978; 7 SDR 66, 7 SDR 89, effective July 1, 1981.
General Authority: SDCL 28-1-50.
67:12:14:06. Notice of eligibility. The department shall notify persons of their entitlement for benefits under this chapter by way of a notice of eligibility which shall accompany the first optional supplemental payment to the individual.
Source: 5 SDR 6, effective August 6, 1978; 7 SDR 66, 7 SDR 89, effective July 1, 1981.
General Authority: SDCL 28-1-50.
67:12:14:07. Notice of termination. A notice of termination of the optional supplemental payment shall be sent to a recipient at least 10 days prior to the date the recipient would normally receive the payment.
Source: 5 SDR 6, effective August 6, 1978; 7 SDR 66, 7 SDR 89, effective July 1, 1981.
General Authority: SDCL 28-1-50.
67:12:14:08. Determination of eligibility for retroactive payments. A departmental determination of a client's eligibility for retroactive payment of benefits under this chapter shall be made whenever such a determination is requested by a client. The department and client shall be jointly responsible for the development of facts needed to establish retroactive eligibility. No retroactive payment may be made for any month prior to the first month of the current state fiscal year.
Source: 5 SDR 6, effective August 6, 1978; 7 SDR 66, 7 SDR 89, effective July 1, 1981; 9 SDR 42, effective October 10, 1982.
General Authority: SDCL 28-1-50.
67:12:14:09. Payment of retroactive benefits. Payment of retroactive benefits as determined under § 67:12:14:08 should be made in the month following the month that retroactive eligibility is established.
Source: 5 SDR 6, effective August 6, 1978; 7 SDR 66, 7 SDR 89, effective July 1, 1981.
General Authority: SDCL 28-1-50.
67:12:14:10. Social security "pass-on" increases. Social security cost-of-living increases in which there is a "pass-on" provision stipulated by the federal government shall be disregarded for purposes of the mandatory and optional supplementary security income program.
Source: 7 SDR 23, effective September 18, 1980; 7 SDR 66, 7 SDR 89, effective July 1, 1981.
General Authority: SDCL 28-1-50.
Law Implemented: SDCL 28-1-49.
Cross-Reference: Optional state supplemental program, ch 67:12:14.
67:12:14:11. Suspension of optional supplemental payment during SSI appeal. The department shall suspend a person appealing an SSI decision to close the person's case from the optional supplement program. When SSI eligibility is reestablished, the person may request retroactive optional supplemental payments from the department. Retroactive payments will date back to the time of suspension if the suspension is within the current state fiscal year. No retroactive payment may be made for any month before the first month of the current state fiscal year.
Source: 9 SDR 42, effective October 10, 1982.
General Authority: SDCL 28-1-50.
Law Implemented: SDCL 28-1-49.
