CHAPTER 67:13:01
SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM
Section
67:13:01:00 Definitions.
67:13:01:01 Repealed.
67:13:01:02 Standard utility allowance.
67:13:01:03 Repealed.
67:13:01:04 Repealed.
67:13:01:05 Households ineligible for standard utility allowance but billed for telephone.
67:13:01:06 Households ineligible for standard utility allowance but billed separately for various utilities.
67:13:01:07 Repealed.
67:13:01:08 Repealed.
67:13:01:09 Determination of initial month's benefits.
67:13:01:10 Suspension of eligibility when net income exceeds standard.
67:13:01:10.01 Repealed.
67:13:01:11 Calculation of household's allotment.
67:13:01:12 Repealed.
67:13:01:13 Repealed.
67:13:01:14 Repealed.
67:13:01:15 Repealed.
67:13:01:16 Categorical eligibility.
67:13:01:17 Repealed.
67:13:01:17.01 Repealed.
67:13:01:00. Definitions.
Terms used in this chapter mean:
(1) "Categorical
eligibility," eligibility established for the supplemental nutrition
assistance program simply because the individual or household is eligible for
or authorized to receive benefits under another qualifying assistance program;
(2) "Month," a
calendar month; and
(3) "TANF," the
temporary assistance for needy families program administered under the
provisions of article 67:10.
Source:
9 SDR 28, effective September 5, 1982; 27 SDR 21, effective September 20, 2000;
36 SDR 103, effective December 21, 2009.
General
Authority: SDCL 28-12-1.
Law
Implemented: SDCL 28-12-1; 78 Stat. 703 (1964) as amended; 91 Stat. 958 (1977) as amended; 7 U.S.C §§ 2011 - 2027, inclusive.
Cross-References:
Determination
of initial month's benefits, § 67:13:01:09.
Month of application -- Determination
of eligibility and benefit levels, 7 C.F.R. § 273.10(a)(1)(i).
Categorical eligibility,
§ 67:13:01:16.
67:13:01:01. Food
stamp program -- Use of federal methods and rules. Repealed.
Source:
SL 1975, ch 16, § 1; 1 SDR 44, effective December 9, 1974; 2 SDR 62,
effective April 5, 1976; 5 SDR 102, effective June 6, 1979; 6 SDR 5, effective
July 30, 1979; 6 SDR 12, effective August 15, 1979; 6 SDR 49, effective
November 18, 1979; 6 SDR 66, effective January 10, 1980; 7 SDR 9, effective
August 10, 1980; 7 SDR 27, effective September 8, 1980; 7 SDR 70, effective
January 7, 1981; 7 SDR 86, effective February 26, 1981; 7 SDR 92, effective
March 18, 1981; 7 SDR 117, effective June 1, 1981; transferred from
§ 67:12:10:01, 7 SDR 66, 7 SDR 89, 8 SDR 2, effective July 1, 1981; 8 SDR
41, effective October 1, 1981; 8 SDR 81, effective December 21, 1981; 8 SDR
133, effective April 1, 1982; 9 SDR 17, effective July 29, 1982; 9 SDR 43,
effective September 22, 1982; 9 SDR 46, effective October 1, 1982; 9 SDR 50,
effective October 5, 1982; 9 SDR 96, effective January 10, 1983; 9 SDR 108,
effective February 1, 1983; 9 SDR 138, effective May 8, 1983; 9 SDR 147,
effective May 3, 1983; 10 SDR 20, effective August 15, 1983; 10 SDR 62,
effective December 2, 1983; 10 SDR 66, effective December 7, 1983; 11 SDR 26,
effective August 1, 1984; 11 SDR 92, effective December 27, 1984; 11 SDR 120,
effective February 20, 1985; 12 SDR 16, effective July 24, 1985; 12 SDR 28,
effective August 7, 1985; 12 SDR 74, effective October 18, 1985; 12 SDR 190,
effective May 13, 1986; 12 SDR 201, effective June 2, 1986; 13 SDR 21,
effective August 4, 1986; 13 SDR 21, effective August 6, 1986; 13 SDR 57,
effective October 27, 1986; 13 SDR 76, effective December 1, 1986; 13 SDR 108,
effective January 21, 1987; 13 SDR 141, effective March 16, 1987; 13 SDR 154,
effective April 7, 1987; 13 SDR 175, effective May 5, 1987; 13 SDR 196,
effective June 8, 1987; 14 SDR 4, effective July 1, 1987; 14 SDR 29, effective
August 30, 1987; 14 SDR 54, effective September 24, 1987; 14 SDR 70, effective
October 26, 1987; 14 SDR 76, effective November 10, 1987; 15 SDR 61, effective
October 7, 1988; 15 SDR 94, effective December 12, 1988; 15 SDR 159, effective
April 7, 1989; 15 SDR 210, effective June 21, 1989; 16 SDR 27, effective July
24, 1989; 16 SDR 33, effective July 31, 1989; 17 SDR 22, effective July 25,
1990; 17 SDR 59, effective October 11, 1990; 17 SDR 200, effective June 11,
1991; 18 SDR 62, effective September 19, 1991; 18 SDR 148, effective March 3,
1992; 18 SDR 162, effective March 17, 1992; 19 SDR 202, effective June 15,
1993; 20 SDR 218, effective June 7, 1994; 21 SDR 62, effective September 15,
1994; 21 SDR 114, effective December 8, 1994; 21 SDR 148, effective February
16, 1995; 23 SDR 8, effective July 1, 1996; 23 SDR 55, effective October 3,
1996; 24 SDR 40, effective September 19, 1997; 24 SDR 99, effective January 15,
1998; 25 SDR 115, effective March 24, 1999; 25 SDR 167, effective June 14,
1999; 26 SDR 177, effective June 22, 2000; 27 SDR 111, effective April 19,
2001; repealed, 36 SDR 103, effective December 21, 2009.
67:13:01:02. Standard utility allowance. The standard utility allowance includes charges to the household for heating or cooling, cooking fuel, electricity, water, garbage collection, sewer, and telephone. Households do not have to incur either a heating or a cooling expense in every month. Only those households that are billed separately from their rent or mortgage payments for heating or cooling and those households that receive low income energy assistance may deduct the standard utility allowance when computing the shelter expense.
Heating costs are those costs incurred from a primary source of heat, such as propane, oil, and electricity.
Cooling costs are limited to either the utility costs required to operate an evaporative cooling system or the electricity required to operate a window air conditioner or a central air conditioning unit.
Source: 6 SDR 49, effective November 18, 1979; 7 SDR 53, effective December 11, 1980; transferred from § 67:12:10:02, 7 SDR 66, 7 SDR 89, effective July 1, 1981; 8 SDR 79, effective January 7, 1982; 9 SDR 72, effective December 14, 1982; 9 SDR 138, effective May 8, 1983; 10 SDR 11, effective August 15, 1983; 10 SDR 94, effective March 8, 1984; 11 SDR 129, effective March 31, 1985; 12 SDR 102, effective December 26, 1985; 14 SDR 87, effective December 27, 1987; 16 SDR 114, effective January 15, 1990; 17 SDR 127, effective March 3, 1991; 20 SDR 104, effective January 10, 1994; 23 SDR 122, effective February 6, 1997; 25 SDR 115, effective March 24, 1999; 27 SDR 111, effective April 19, 2001; 28 SDR 84, effective December 20, 2001; 30 SDR 116, effective February 4, 2004; 31 SDR 107, effective February 1, 2005; 32 SDR 129, effective February 1, 2006; 34 SDR 180, effective December 26, 2007; 35 SDR 184, effective February 4, 2009; 39 SDR 220, effective June 27, 2013.
General Authority: SDCL 28-12-1.
Law Implemented: SDCL 28-12-1; 78 Stat. 703 (1964) as amended; 91 Stat. 958 (1977) as amended; 7 U.S.C. §§ 2011-2027, inclusive; 43 Fed. Reg. 47,906 (October 17, 1978).
Cross-Reference: Standard utility allowance, 7 C.F.R. § 273.9(d)(6).
67:13:01:03. Utilities which exceed standard utility allowance. Repealed.
Source: 8 SDR 79, effective January 7, 1982; repealed, 25 SDR 115, effective March 24, 1999.
67:13:01:04. Household may switch between actual costs and standard utility allowance. Repealed.
Source: 8 SDR 79, effective January 7, 1982; repealed, 11 SDR 34, effective September 6, 1984.
67:13:01:05. Households ineligible for standard utility allowance but billed for telephone. Households not eligible for the standard utility allowance but billed for a telephone are entitled to a standard telephone allowance when the shelter expense is computed. These households may not deduct the actual costs for telephone services.
Source: 8 SDR 79, effective January 7, 1982; 10 SDR 94, effective March 8, 1984; 11 SDR 129, effective March 31, 1985; 12 SDR 102, effective December 26, 1985; 13 SDR 145, effective April 12, 1987; 14 SDR 87, effective December 27, 1987; 16 SDR 114, effective January 15, 1990; 18 SDR 163, effective April 6, 1992; 20 SDR 104, effective January 10, 1994; 23 SDR 122, effective February 6, 1997; 31 SDR 107, effective February 1, 2005; 32 SDR 129, effective February 1, 2006; 34 SDR 180, effective December 26, 2007; 35 SDR 184, effective February 4, 2009; 39 SDR 220, effective June 27, 2013.
General Authority: SDCL 28-12-1.
Law Implemented: SDCL 28-12-1; 78 Stat. 703 (1964) as amended; 91 Stat. 958 (1977) as amended; 7 U.S.C. §§ 2011-2027, inclusive; 43 Fed. Reg. 47,906 (October 17, 1978).
Cross-Reference: States to develop telephone allowance, 7 C.F.R. § 273.9(d)(6)(iv)(C).
67:13:01:06. Households ineligible for standard utility allowance but billed separately for various utilities. A household that is not eligible for the standard utility allowance but which incurs expenses for at least two separate types of utilities is eligible for a limited utility allowance. Types of utilities considered include electricity and fuel used for purposes other than heating or cooling, water, sewage, telephone, or garbage collection.
A household that is not eligible for either the standard or limited utility allowance but which incurs an expense for one type of utility is eligible for a one-utility allowance. Types of utilities considered include electricity and fuel used for purposes other than heating or cooling, water, sewage, or garbage collection.
Source: 8 SDR 79, effective January 7, 1982; 9 SDR 138, effective May 8, 1983; repealed, 25 SDR 115, effective March 24, 1999; readopted, 30 SDR 116, effective February 4, 2004; 31 SDR 107, effective February 1, 2005; 32 SDR 129, effective February 1, 2006; 34 SDR 180, effective December 26, 2007; 35 SDR 184, effective February 4, 2009; 39 SDR 220, effective June 27, 2013.
General Authority: SDCL 28-12-1.
Law Implemented: SDCL 28-12-1.
Cross-Reference: Standard utility allowances, 7 C.F.R. § 273.9(d)(6)(iii).
67:13:01:07. Application of standard utility allowance when one or more households reside in same home. Repealed.
Source: 8 SDR 79, effective January 7, 1982; repealed, 9 SDR 138, effective May 8, 1983.
67:13:01:08. Application of standard utility allowance when utilities included in cost of rent. Repealed.
Source: 8 SDR 79, effective January 7, 1982; repealed, 9 SDR 138, effective May 8, 1983.
67:13:01:09. Determination
of initial month's benefits. Supplemental nutrition assistance benefits for
the initial month of application are prorated based on the date of application.
The benefit level is computed as follows: subtract the date of application from
31 and multiply by the full month's benefit; then divide the total by 30.
Households applying on the thirty-first of the month are considered as having
applied on the thirtieth.
Source:
8 SDR 79, effective January 7, 1982; 36 SDR 103, effective December 21, 2009.
General
Authority: SDCL 28-12-1.
Law
Implemented: SDCL 28-12-1; 78 Stat. 703 (1964) as amended; 91 Stat. 958 (1977) as amended; 7 U.S.C. §§ 2011-2027, inclusive; 46 Fed. Reg. 44,725 (September 4, 1981).
67:13:01:10. Suspension
of eligibility when net income exceeds standard. The department shall
certify a household with three or more members which is entitled to no benefits
because 30 percent of its net income is equal to or greater than the thrifty
food plan amount for the household size but shall suspend its participation.
Source:
8 SDR 79, effective January 7, 1982; 13 SDR 145, effective April 12, 1987.
General
Authority: SDCL 28-12-1.
Law
Implemented: SDCL 28-12-1; 78 Stat. 703 (1964) as amended; 91 Stat. 958 (1977) as amended; 7 U.S.C. §§ 2011-2027, inclusive; 46 Fed. Reg. 44,725 (September 4, 1981).
Cross-Reference:
Eligibility and benefits for household
with three or more members entitled to no benefits, 7 C.F.R.
§ 273.10(e)(2)(ii)(C)(iii).
67:13:01:10.01. Child support considered income. Repealed.
Source: 14 SDR 87, effective December 27, 1987; repealed, 25 SDR 115, effective March 24, 1999.
67:13:01:11. Calculation of household's allotment. To determine a household's supplemental nutrition assistance allotment, calculate 30 percent of the household's net income, round the answer up to the next highest dollar, and subtract the rounded amount from the appropriate thrifty food plan amount.
Source: 9 SDR 72, effective December 14, 1982; 27 SDR 111, effective April 19, 2001; 36 SDR 103, effective December 21, 2009; 39 SDR 220, effective June 27, 2013.
General Authority: SDCL 28-12-1.
Law Implemented: SDCL 28-12-1; 78 Stat. 703 (1964) as amended; 91 Stat. 958 (1977) as amended; 7 U.S.C. §§ 2011-2027, inclusive.
Cross-Reference:
Rounding procedures, 7 C.F.R. § 273.10(e)(2)(ii)(A).
67:13:01:12. Applications for social security numbers. Repealed.
Source: 9 SDR 138, effective May 8, 1983; 12 SDR 83, effective November 19, 1985; repealed, 25 SDR 115, effective March 24, 1999.
67:13:01:13. Adequate notice. Repealed.
Source: 9 SDR 138, effective May 8, 1983; repealed, 39 SDR 220, effective June 27, 2013.
67:13:01:14. ADC households not categorically eligible for food stamps. Repealed.
Source: 9 SDR 183, effective May 8, 1983; repealed, 13 SDR 145, effective April 12, 1987.
67:13:01:15. Child in foster care not household member -- May be boarder.Repealed.
Source: 15 SDR 61, effective October 23, 1988; 15 SDR 128, effective February 26, 1989; repealed, 25 SDR 115, effective March 24, 1999.
67:13:01:16. Categorical
eligibility. A household is considered to be categorically eligible for the
supplemental nutrition assistance program if the household meets one of the
following conditions:
(1) All of the household
members are receiving or are authorized to receive Supplemental Security Income
(SSI);
(2) All of the household
members are receiving or are authorized to receive TANF benefits;
(3) The household's TANF
case was closed within the last 12 months;
(4) All of the household
members are receiving or are authorized to receive tribal TANF benefits;
(5) The household is
comprised of individuals all of whom are receiving or are authorized to receive
either TANF or SSI benefits;
(6) The household's tribal
TANF case was closed within the last three months;
(7) The household's TANF
benefits were diverted because the household qualified for support services
under the provisions of § 67:10:06:18 during the last 12 months; and
(8) At least one household
member receives childcare benefits under the provisions of article 67:47.
Source:
27 SDR 21, effective September 20, 2000; 28 SDR 163, effective May 9, 2002; 36
SDR 103, effective December 21, 2009.
General
Authority: SDCL 28-12-1.
Law
Implemented: SDCL 28-12-1.
67:13:01:17. Thrifty food plan. Repealed.
Source: 27 SDR 111, effective April 19, 2001; 28 SDR 51, effective October 1, 2001; 29 SDR 187, effective June 26, 2003; 30 SDR 34, effective October 1, 2003; 31 SDR 107, effective February 1, 2005; 32 SDR 129, effective February 1, 2006; 33 SDR 123, effective January 2, 2007; 34 SDR 135, effective November 1, 2007; 35 SDR 146, effective November 17, 2008; repealed, 39 SDR 220, effective June 27, 2013.
67:13:01:17.01. Thrifty food plan -- American Recovery and Reinvestment Act of 2009 increase. Repealed.
Source: 35 SDR 238, effective April 8, 2009; repealed, 39 SDR 220, effective June 27, 2013.
CHAPTER 67:13:02
EMPLOYMENT AND TRAINING
Section
67:13:02:01 Required participation.
67:13:02:02 Affidavit requirement.
67:13:02:03 Repealed.
67:13:02:04 Refusal to register.
67:13:02:05 Repealed.
67:13:02:06 Repealed.
67:13:02:07 Exemptions from employment and training.
67:13:02:08 Employment and training components.
67:13:02:09 Requirements -- Job search component.
67:13:02:10 Repealed.
67:13:02:10.01 Requirements -- Other secondary education.
67:13:02:10.02 Requirements -- Unsubsidized work.
67:13:02:10.03 Requirements -- Community work.
67:13:02:11 Repealed.
67:13:02:12 Payments available for employment and training components.
67:13:02:13 Number of required work hours -- Community work.
67:13:02:14 Repealed.
67:13:02:15 Penalties for failing or refusing to participate.
67:13:02:01. Required
participation. Only those households residing in Minnehaha and Pennington
counties must participate in the supplemental nutrition assistance employment
and training program.
Source:
8 SDR 95, effective February 18, 1982; 12 SDR 102, effective December 26, 1985;
14 SDR 29, effective August 30, 1987; 15 SDR 61, effective October 23, 1988; 17
SDR 127, effective March 3, 1991; 25 SDR 155, effective March 24, 1999; 36 SDR
103, effective December 21, 2009; 37 SDR 236, effective June 28, 2011.
General
Authority: SDCL 28-12-1.
Law
Implemented: SDCL 28-12-1.
Cross-Reference:
Requirements for participation, 7
C.F.R. 273.7(c)(4)(vi).
67:13:02:02. Affidavit
requirement. Unless otherwise exempt under subdivision 67:13:02:07(1), an
individual must sign an affidavit stating that the individual will meet the
following criteria:
(1) Will accept employment,
if offered;
(2) Will provide the
department or its representative with the information necessary to determine
the individual's employment status;
(3) Will provide the
department or its representative with the information necessary to determine
the individual's job availability;
(4) Will continue
employment, if hired; and
(5) Will not voluntarily
reduce the individual's employment hours or quit employment without good cause.
Source:
8 SDR 95, effective February 18, 1982; 25 SDR 115, effective March 24, 1999; 36
SDR 103, effective December 21, 2009; 37 SDR 236, effective June 28, 2011.
General
Authority: SDCL 28-12-1.
Law
Implemented: SDCL 28-12-1.
Cross-References:
Good cause criteria, 7 C.F.R.
§ 273.7(n)(3).
Penalties for failing or refusing to
participate, § 67:13:02:15.
67:13:02:03. Work registration exemption for households certified for one month. Repealed.
Source: 8 SDR 95, effective February 18, 1982; repealed, 13 SDR 145, effective April 12, 1987.
67:13:02:04. Refusal
to register. Households otherwise eligible but who refuse to sign the
affidavit required by § 67:13:02:02 are not eligible for supplemental
nutrition assistance.
Source:
8 SDR 95, effective February 18, 1982; 19 SDR 155, effective April 15, 1993; 36
SDR 103, effective December 21, 2009.
General
Authority: SDCL 28-12-1.
Law
Implemented: SDCL 28-12-1.
67:13:02:05. Exemption from work registration requirement -- TWEP participants. Repealed.
Source: 14 SDR 29, effective August 30, 1987; repealed, 17 SDR 86, effective December 24, 1990.
67:13:02:06. Employment and training -- Application of JOBS rules. Repealed.
Source: 14 SDR 29, effective August 30, 1987; 19 SDR 155, effective April 15, 1993; repealed, 25 SDR 115, effective March 24, 1999.
67:13:02:07. Exemptions from employment and training. The department or its representative shall exempt an individual from participating in employment and training if the individual meets any of the following conditions:
(1) Is exempt under the provisions of 7 USCA § 2015(d)(2), August 22, 1996;
(2) Is a full-time volunteer serving under the volunteers in service to America (VISTA) program;
(3) Is a refugee or other eligible alien who is enrolled in the jobs links program;
(4) Is at least four months pregnant; or
(5) Is participating in the tribal work experience program (TWEP) administered by the Bureau of Indian Affairs.
Source: 14 SDR 29, effective August 30, 1987; 15 SDR 61, effective October 23, 1988; 19 SDR 155, effective April 15, 1993; 25 SDR 115, effective March 24, 1999.
General Authority: SDCL 28-12-1.
Law Implemented: SDCL 28-12-1.
67:13:02:08. Employment and training components. If the individual is not exempt from participation in employment and training, the department or its representative shall assign the individual to one of the following employment and training components:
(1) Job search – searching for work;
(2) Job search assistance – training in areas such as goal setting, self-assessment, interviewing techniques, and self-image development and may include mandatory participation in programs such as job skills assessment, job find clubs, training in techniques for employability, job placement services, job retention skills, or other training or educational programs to expand the individuals job search abilities or employability;
(3) Other secondary education – secondary education geared to improving the individual's employability by helping the individual achieve basic literacy needed to secure unsubsidized employment. Other secondary education includes participation in high school, alternative high school, or courses designed to assist the individual complete a GED or improve the individual's reading or math skills;
(4) Skill training – training geared to improving the participant's employability for high-demand occupations. Skill training targets the needs of the sponsoring employers;
(5) Unsubsidized work – work funded entirely by the employer without the use of a federal or state supplement;
(6) On-the-job training – placement of an individual into a permanent job where the employer trains the individual; or
(7) Community work – supervised work experience or training, or both, that enables the individual to move into regular private or public employment.
Source: 14 SDR 29, effective August 30, 1987; 15 SDR 61, effective October 23, 1988; repealed, 19 SDR 155, effective April 15, 1993; readopted, 25 SDR 115, effective March 24, 1999.
General Authority: SDCL 28-12-1.
Law Implemented: SDCL 28-12-1.
67:13:02:09. Requirements -- Job search component. At the department's or its representative's request, an individual placed into the job search component must provide a written report of the job contacts made. The individual must sign and date the report.
The job search contacts must meet the following criteria:
(1) The contacts must be made in person with the hiring authority;
(2) The contacts must be made with employers who normally have jobs suited for the individual; and
(3) The contacts may not be duplicated during the job search period without approval from the department or its representative.
Source: 14 SDR 29, effective August 30, 1987; 15 SDR 61, effective October 23, 1988; repealed, 19 SDR 155, effective April 15, 1993; readopted, 25 SDR 115, effective March 24, 1999.
General Authority: SDCL 28-12-1.
Law Implemented: SDCL 28-12-1.
67:13:02:10. Requirements for job search assistance component. Repealed.
Source: 14 SDR 29, effective August 30, 1987; 15 SDR 61, effective October 23, 1988; repealed, 19 SDR 155, effective April 15, 1993.
67:13:02:10.01. Requirements
-- Other secondary education. Before an individual may be assigned to the
other secondary education component, the Department of Labor and Regulation
must determine that the individual has the potential to obtain a GED or high
school diploma, or has the potential to complete a course designed to improve
the individual's math or reading skills.
Source:
25 SDR 115, effective March 24, 1999; 37 SDR 236, effective June 28, 2011.
General
Authority: SDCL 28-12-1.
Law
Implemented: SDCL 28-12-1.
67:13:02:10.02. Requirements -- Unsubsidized work. If an individual is participating in the unsubsidized work component and is employed less than 30 hours a week in unsubsidized work, the department may require the individual to participate in other employment and training components.
Source: 25 SDR 115, effective March 24, 1999.
General Authority: SDCL 28-12-1.
Law Implemented: SDCL 28-12-1.
Cross-Reference: Employment and training components, § 67:13:02:08.
67:13:02:10.03. Requirements – Community work. Community work sites may not provide any positions that result in replacing existing employees with individuals participating in the community work component.
The individual participating in the community work component is not considered an employee of the job site and is not paid by either the job site or the state.
Source: 25 SDR 115, effective March 24, 1999.
General Authority: SDCL 28-12-1.
Law Implemented: SDCL 28-12-1.
Cross-Reference: Payments available for employment and training components, § 67:13:02:12.
67:13:02:11. Unassigned component.Repealed.
Source: 14 SDR 29, effective August 30, 1987; 15 SDR 61, effective October 23, 1988; repealed, 19 SDR 155, effective April 15, 1993.
67:13:02:12. Payments available for employment and training components. The department may make the following payments to individuals participating in employment and training:
(1) Job search: an individual may receive a $25 payment as reimbursement for expenses related to the individual's job search activities if the individual successfully completes the job search requirements;
(2) Job search assistance: an individual may receive a $15 payment as reimbursement for expenses related to the individual's participation in job search assistance programs if the individual successfully completes the job search assistance component;
(3) Community work: an individual may receive a $25 payment as reimbursement for expenses related to the individual's participation in the community work component.
The total monthly payment made to the individual under the provisions of this section may not exceed $25.
Source: 14 SDR 29, effective August 30, 1987; 15 SDR 61, effective October 23, 1988; repealed, 19 SDR 155, effective April 15, 1993; readopted 25 SDR 115, effective March 24, 1999.
General Authority: SDCL 28-12-1.
Law Implemented: SDCL 28-12-1.
67:13:02:13. Number
of required work hours -- Community work. An individual participating in
the community work component must work a minimum number of hours to maintain
eligibility. The number of hours the individual must work is determined by
dividing the household's supplemental nutrition assistance allotment by the
federal minimum hourly wage.
Source:
19 SDR 155, effective April 15, 1993; 25 SDR 115, effective March 24, 1999; 36
SDR 103, effective December 21, 2009.
General
Authority: SDCL 28-12-1.
Law
Implemented: SDCL 28-12-1.
67:13:02:14. Food stamp recipient participating in JOBS not eligible for dependent care services. Repealed.
Source: 19 SDR 155, effective April 15, 1993; repealed, 25 SDR 115, effective March 24, 1999.
67:13:02:15. Penalties
for failing or refusing to participate. If the individual is required to
participate in employment and training and fails or refuses to comply with the
employment and training requirements of this chapter, the individual is ineligible
for supplemental nutrition assistance according to the following schedule: for
the first occurrence, one month; for the second occurrence, six months; and for
the third and subsequent occurrences, 12 months.
The department shall apply these same
penalties if any of the following situations occur:
(1) The Department of Labor
and Regulation employment and training staff reports the recipient quit a job
or voluntarily reduced job hours without good cause;
(2) The applicant quit a
job or voluntarily reduced job hours without good cause within 60 days prior to
or during the application month;
(3) The recipient quit a
job or voluntarily reduced job hours without good cause within 30 days prior to
or during the month the report form or recertification form is received by the
department; or
(4) The individual fails to
comply with the requirements contained in § 67:13:02:02.
Source:
25 SDR 115, effective March 24, 1999; 36 SDR 103, effective December 21, 2009;
37 SDR 236, effective June 28, 2011.
General
Authority: SDCL 28-12-1.
Law
Implemented: SDCL 28-12-1.
Cross-References:
Deadline for submitting report form,
§ 67:13:03:07.
Recertification, §67:13:03:14.
Required participation,
§ 67:13:02:01.
Geographical exemptions,
§ 67:13:02:02.
Exemptions from employment and
training, § 67:13:02:07.
CHAPTER 67:13:03
BUDGETING
Section
67:13:03:01 Definitions.
67:13:03:02 Repealed.
67:13:03:03 Determining eligibility and allotment.
67:13:03:03.01 Determining household size.
67:13:03:03.02 Boarder.
67:13:03:03.03 Boarder considered.
67:13:03:04 Repealed.
67:13:03:05 Repealed.
67:13:03:06 Repealed.
67:13:03:07 Deadline for submitting report form.
67:13:03:08 Households exempt from completing a report form.
67:13:03:09 Assistance terminated if report form not received on time.
67:13:03:09.01 Repealed.
67:13:03:10 Income considered.
67:13:03:10.01 Income received from boarder.
67:13:03:10.02 Considerations made when ineligible alien is present in household.
67:13:03:10.03 Income exempt from consideration.
67:13:03:11 Verification of dependent care costs required.
67:13:03:12 Suspension after initial month of eligibility.
67:13:03:13 Certification period.
67:13:03:14 Recertification.
67:13:03:15 Repealed.
67:13:03:16 Repealed.
67:13:03:17 Exclusion of vehicle owned by a child.
67:13:03:18 Repealed.
67:13:03:19 Repealed.
67:13:03:20 Exclusion of household's primary vehicle.
67:13:03:21 Eligibility and allotment determination.
67:13:03:22 Individual to supply necessary information.
67:13:03:01. Definitions.
Terms used in this chapter mean:
(1) "ABAWD," an
able-bodied adult without dependants at least age 18 and under age 50, who is
not working at least 20 hours a week, not pregnant, and not responsible for a
child under age 18 in that individual's supplemental nutrition assistance
program household;
(2) "Community support
provider congregate facility," a public or private nonprofit residential
setting serving no more than 16 residents that is certified under regulations
issued in accordance with section 1616(e) of the Social Security Act as amended
to July 1, 2009;
(3) "Expedited
service," an action that allows verifications other than identity to be
postponed for one or two months for faster benefit delivery;
(4) "Issuance
month," the calendar month for which an allotment is issued;
(5) "Prospective
budgeting," "prospectively," the computation used in determining
a household's supplemental nutrition assistance allotment which is based on the
best estimate of income and circumstances which will exist in that month; and
(6) "TANF," the
temporary assistance to needy families program established in article 67:10.
Source:
9 SDR 114, effective March 6, 1983; 9 SDR 138, effective May 8, 1983; 25 SDR
115, effective March 24, 1999; 36 SDR 103, effective December 21, 2009.
General
Authority: SDCL 28-12-1.
Law
Implemented: SDCL 28-12-1; 78 Stat. 703 (1964) as amended; 91 Stat. 958 (1977) as amended; 7 U.S.C. §§ 2011-2027, inclusive.
67:13:03:02. Monthly
reporting and budgeting requirements. Repealed.
Source:
9 SDR 114, effective March 6, 1983; 11 SDR 34, effective September 6, 1984; 25
SDR 115, effective March 24, 1999; repealed, 36 SDR 103, effective December 21,
2009.
67:13:03:03. Determining
eligibility and allotment. The department shall determine a household's
supplemental nutrition assistance eligibility and allotment prospectively.
Source:
9 SDR 114, effective March 6, 1983; 36 SDR 103, effective December 21, 2009.
General
Authority: SDCL 28-12-1.
Law
Implemented: SDCL 28-12-1; 78 Stat. 703 (1964) as amended; 91 Stat. 958 (1977) as amended; 7 U.S.C. §§ 2011-2027, inclusive.
67:13:03:03.01. Determining
household size. For the initial month, determination of household size
shall be based on members of the household at the time of case approval. For
subsequent months, a household size adjustment is made starting the month following
the month the change is reported and is based on the number of household
members on the first day of the month.
The provisions of § 67:13:03:21
must also be applied before household size adjustments are made after the
initial month.
Source:
16 SDR 114, effective January 15, 1990; 36 SDR 103, effective December 21,
2009.
General
Authority: SDCL 28-12-1.
Law
Implemented: SDCL 28-12-1; 78 Stat. 703 (1964) as amended; 91 Stat. 958 (1977) as amended; 7 U.S.C. §§ 2011-2027, inclusive.
67:13:03:03.02. Boarder.
An individual is considered a boarder if the individual pays a household for
lodging and a reasonable monthly payment for meals. A boarder is considered to
be making a reasonable monthly payment for meals if the household provides more
than two meals a day and the boarder pays an amount that equals or exceeds a
full month's supplemental nutrition assistance allotment for the applicable
size of the boarder's household, or if the household provides up to two meals a
day and the boarder pays an amount that equals or exceeds two-thirds of the
full monthly supplemental nutrition assistance allotment for the applicable
size of the boarder's household.
Source:
28 SDR 1, effective June 18, 2001; 36 SDR 103, effective December 21, 2009.
General
Authority: SDCL 28-12-1.
Law
Implemented: SDCL 28-12-1.
67:13:03:03.03. Boarder
considered. If a boarder pays a reasonable monthly payment for meals, the
boarder is not considered when determining the household's supplemental
nutrition assistance eligibility or benefit amount. If the boarder does not pay
a reasonable monthly payment for meals, the boarder is considered a household
member when determining the household's eligibility and benefit amount.
Source:
28 SDR 1, effective July 18, 2001; 36 SDR 103, effective December 21, 2009.
General
Authority: SDCL 28-12-1.
Law
Implemented: SDCL 28-12-1.
Cross-References:
Allowable costs of producing
self-employment income, 7 C.F.R. § 273.11(b)(3)(ii).
Boarder, § 67:13:03:03.02.
67:13:03:04. One-month
budgeting system. Repealed.
Source:
9 SDR 114, effective March 6, 1983; repealed, 36 SDR 103, effective December
21, 2009.
67:13:03:05. Length
of budget month. Repealed.
Source:
9 SDR 114, effective March 6, 1983; repealed, 36 SDR 103, effective December
21, 2009.
67:13:03:06. Length of issuance month.Repealed.
Source: 9 SDR 114, effective March 6, 1983; repealed, 9 SDR 138, effective May 8, 1983.
67:13:03:07. Deadline
for submitting report form. The department shall furnish each household
with a report form within 6 months following the date of application or
recertification. The household shall complete, sign, and return the report form
to the department by the 20th of the month in which the form was mailed to the
household. A report form is considered timely if it is postmarked by the 20th
of the month.
A report form is considered incomplete
if it is returned unsigned, does not contain all of the information requested,
or does not have the necessary verifications attached.
The recipient may preserve the right
to be considered eligible for assistance if the recipient files a completed
report before the end of the issuance month.
A household is exempt from meeting the
requirements of this section if the requirements of § 67:13:03:08 are met.
Source:
9 SDR 114, effective March 6, 1983; 25 SDR 115, effective March 24, 1999; 36
SDR 103, effective December 21, 2009.
General
Authority: SDCL 28-12-1.
Law
Implemented: SDCL 28-12-1; 78 Stat. 703 (1964) as amended; 91 Stat. 958 (1977) as amended; 7 U.S.C. §§ 2011-2027, inclusive.
67:13:03:08. Households
exempt from completing a report form. The following are exempt from the
report form requirements in § 67:13:03:07:
(1) Households in which all
adult members are either at least 60 years of age or disabled if there is no
countable income earned in the household; and
(2) Blind or disabled
individuals residing in a community support provider congregate facility.
Source:
9 SDR 114, effective March 6, 1983; 15 SDR 61, effective October 23, 1988; 15
SDR 210, effective July 9, 1989; 17 SDR 116, effective February 12, 1991; 25
SDR 115, effective March 24, 1999; 36 SDR 103, effective December 21, 2009.
General
Authority: SDCL 28-12-1.
Law
Implemented: SDCL 28-12-1; 78 Stat. 703 (1964) as amended; 91 Stat. 958 (1977) as amended; 7 U.S.C. §§ 2011-2027, inclusive.
Cross-References:
Definition
of disabled and group living arrangement, 7 C.F.R. § 271.2.
SSI payments to individuals living in
non-medical residential facilities, Section 1616(e) of the Social Security Act.
67:13:03:09. Assistance
terminated if report form not received on time. If the department does not
receive the completed report form required under § 67:13:03:07 on time,
the department shall terminate the household's benefits. The department shall
send a notice to the household informing it of the action taken. The notice
must reach the household no later than the date the household would have
received its benefits. The household may preserve the right to have continued
eligibility determined by filing a completed report before the end of the
issuance month.
Source:
9 SDR 114, effective March 6, 1983; 25 SDR 115, effective March 24, 1999; 36
SDR 103, effective December 21, 2009.
General
Authority: SDCL 28-12-1.
Law
Implemented: SDCL 28-12-1; 78 Stat. 703 (1964) as amended; 91 Stat. 958 (1977) as amended; 7 U.S.C. §§ 2011-2027, inclusive.
67:13:03:09.01. Grace
period if report form not received on time -- Food stamp allotment -- Household
residing on reservation land. Repealed.
Source:
25 SDR 115, effective March 24, 1999; repealed, 36 SDR 103, effective December
21, 2009.
67:13:03:10. Income
considered. When determining a household's allotment, the department shall
consider the household's prospective earned, unearned, or averaged income.
Source:
9 SDR 114, effective March 6, 1983; 11 SDR 34, effective September 6, 1984; 25
SDR 115, effective March 24, 1999; 36 SDR 103, effective December 21, 2009.
General
Authority: SDCL 28-12-1.
Law
Implemented: SDCL 28-12-1; 78 Stat. 703 (1964) as amended; 91 Stat. 958 (1977) as amended; 7 U.S.C. §§ 2011-2027, inclusive.
Cross-Reference:
Income
and deductions, 7 C.F.R. § 273.21(g)(2).
67:13:03:10.01. Income
received from boarder. If a boarder pays a reasonable monthly payment to
the household for meals, the department shall consider as earned,
self-employment income to the household the amount paid by the boarder that
exceeds the full month's supplemental nutrition assistance allotment for the
applicable size of the boarder's household.
Source:
28 SDR 1, effective July 18, 2001; 36 SDR 103, effective December 21, 2009.
General
Authority: SDCL 28-12-1.
Law
Implemented: SDCL 28-12-1.
Cross-References:
Boarder, § 67:13:03:03.02;
Boarder considered,
§ 67:13:03:03.03.
67:13:03:10.02. Considerations
made when ineligible alien present in household. If a supplemental
nutrition assistance household contains an ineligible alien, the department
shall consider the ineligible alien's presence in the household according to
the following:
(1) When determining the
household's supplemental nutrition assistance allotment, the alien may not be
included;
(2) When determining the
household's resources, include the alien's resources. The maximum resource
allowance is limited to $2,000 regardless of whether the alien is 60 years of
age or older or is a person with a disability;
(3) When determining the
household's income, the household must meet both the gross income and the net
income eligibility levels regardless of whether the alien is disabled or 60
years of age or older;
(4) When determining the
household's income, include all of the alien's income except a pro-rata share
for the alien. To determine the pro-rata share, divide the alien's income by
the number of household members, including the alien. The result is the
pro-rata share. Subtract a pro-rata share for the alien and count the
remainder; and
(5) When determining the
household's deductions, include all of the alien's allowable child support,
shelter, and dependent care expenses paid by or billed to the alien except a
pro-rata share for the alien. To determine the pro-rata share, divide the
alien's deductions by the number of household members, including the alien. The
result is the pro-rata share for the alien. Subtract the alien's pro-rata share
and count the remainder.
Source:
28 SDR 1, effective July 18, 2001; 36 SDR 103, effective December 21, 2009.
General
Authority: SDCL 28-12-1.
Law
Implemented: SDCL 28-12-1.
Cross
References:
Maximum allowable resources, 7 C.F.R.
§ 273.8(b).
Income exclusions, 7 C.F.R.
§ 273.9(c).
Ineligible aliens, 7 C.F.R.
§ 273.11(c)(3).
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.
Source: 30 SDR 26, effective September 3, 2003; 36 SDR 103, effective December 21, 2009; 44 SDR 94, effective December 4, 2017.
General Authority: SDCL 28-12-1.
Law Implemented: SDCL 28-12-1.
Cross-References:
Simplified definition of income, Pub. L. 107-171, § 4102 (116 stat. 306).
Income excluded in computing household income, 7 U.S.C. § 2014(d).
67:13:03:11. Verification
of dependent care costs required. Households claiming dependent care costs
shall attach a verification of these costs. If verification is not submitted,
the department shall continue the supplemental nutrition assistance eligibility
and allotment determination without benefit of the change in dependent care
costs.
Source:
9 SDR 114, effective March 6, 1983; 12 SDR 83, effective November 19, 1985; 36
SDR 103, effective December 21, 2009.
General
Authority: SDCL 28-12-1.
Law
Implemented: SDCL 28-12-1; 78 Stat. 703 (1964) as amended; 91 Stat. 958 (1977) as amended; 7 U.S.C. §§ 2011-2027, inclusive.
Cross-References:
Required verification, 7 C.F.R.
§ 273.21(i).
State agency action on reports, 7
C.F.R. § 273.21(j).
67:13:03:12. Suspension
after initial month of eligibility. The department shall suspend a
household's issuance for one month if the household becomes temporarily
ineligible due to a periodic increase in recurring income is not expected to
continue into the subsequent month. If the suspended household does not become
eligible one month after the suspension, the household's case shall be closed.
Source:
9 SDR 114, effective March 6, 1983; 11 SDR 34, effective September 6, 1984; 36
SDR 103, effective December 21, 2009.
General
Authority: SDCL 28-12-1.
Law
Implemented: SDCL 28-12-1; 78 Stat. 703 (1964) as amended; 91 Stat. 958 (1977) as amended; 7 U.S.C. §§ 2011-2027, inclusive.
67:13:03:13. Certification
period. The certification period may not exceed 12 months.
Source:
9 SDR 114, effective March 6, 1983; 13 SDR 145, effective April 12, 1987; 23
SDR 122, effective February 6, 1997; 25 SDR 115, effective March 24, 1999; 36
SDR 103, effective December 21, 2009.
General
Authority: SDCL 28-12-1.
Law
Implemented: SDCL 28-12-1; 78 Stat. 703 (1964) as amended; 91 Stat. 958 (1977) as amended; 7 U.S.C. §§ 2011-2027, inclusive.
67:13:03:14. Recertification.
The department shall provide each household with a recertification form prior
to the expiration of the household's certification period. During the
recertification period the household shall complete, sign, and return the regular
report form required under § 67:13:03:07.
Source:
9 SDR 114, effective March 6, 1983; 36 SDR 103, effective December 21, 2009.
General
Authority: SDCL 28-12-1.
Law
Implemented: SDCL 28-12-1; 78 Stat. 703 (1964) as amended; 91 Stat. 958 (1977) as amended; 7 U.S.C. §§ 2011-2027, inclusive.
67:13:03:15. Special assistance for monthly reporting.Repealed.
Source: 9 SDR 114, effective March 6, 1983; repealed, 11 SDR 34, effective September 6, 1984.
67:13:03:16. Exclusion of transitional employment allowance. Repealed.
Source: 20 SDR 196, effective May 23, 1994; repealed, 25 SDR 115, effective March 24, 1999.
67:13:03:17. Exclusion
of vehicle owned by a child. When determining supplemental nutrition
assistance eligibility, the department excludes the equity value of a vehicle
owned by a household member who is a child who is at least 14 years of age and
under 18 years of age, if the child uses the vehicle for education, employment,
or looking for employment. The exclusion is limited to one vehicle for each
child meeting these criteria. The trade-in value of the vehicle is counted if
the vehicle does not meet any other vehicle resource exclusion exemptions.
Source:
20 SDR 196, effective May 23, 1994; repealed, 24 SDR 73, effective December 4,
1997; readopted, 27 SDR 111, effective April 19, 2001; 36 SDR 103, effective
December 21, 2009.
General
Authority: SDCL 28-12-1.
Law
Implemented: SDCL 28-12-1.
67:13:03:18. Exclusion of savings account owned by a child.Repealed.
Source: 20 SDR 196, effective May 23, 1994; repealed, 24 SDR 73, effective December 4, 1997.
67:13:03:19. Exclusion of interest from a child's savings account.Repealed.
Source: 20 SDR 196, effective May 23, 1994; repealed, 24 SDR 73, effective December 4, 1997.
67:13:03:20. Exclusion
of household's primary vehicle. When determining supplemental nutrition
assistance eligibility, the department shall exclude one primary vehicle for
the household. If the household has more than one vehicle, the exclusion of the
remaining vehicles must follow the requirements of 7 C.F.R. § 273.8(e)(3),
as amended to January 1, 2009.
Source:
28 SDR 1, effective July 18, 2001; 36 SDR 103, effective December 21, 2009.
General
Authority: SDCL 28-12-1.
Law
Implemented: SDCL 28-12-1.
Cross-Reference:
Exclusion of vehicle owned by a child,
§ 67:13:03:17.
67:13:03:21. Eligibility and allotment determination. The department shall determine supplemental nutrition assistance eligibility and the amount of assistance based on the most recently reported information if the change in income or circumstances is obtained from one of the following:
(1) The application, recertification, or report form completed by the household;
(2) The Systematic Alien Verification for Entitlements program available through the United States Citizenship and Immigration Services;
(3) The State Data Exchange or Beneficiary Data Exchange computer interface system match with the Social Security Administration;
(4) The unemployment insurance benefits computer interface system match with the Department of Labor and Regulation;
(5) A hearing decision, including a decision establishing an intentional program violation;
(6) A department employment specialist, a Department of Labor and Regulation employment specialist, or a Department of Labor and Regulation supplemental nutrition assistance employment and training representative;
(7) Report of refusal to cooperate as specified in § 67:13:03:22;
(8) The household reports their gross income exceeds the maximum gross income as identified in 7 C.F.R. § 273.10(e)(4) based on household size and living arrangements;
(9) The household requests their case closed;
(10) A member of the household applies for supplemental nutrition assistance in another state on their own behalf or with another assistance unit in the state;
(11) The household reports moving out-of-state or the postal service returns mail indicating a household member has moved out-of-state;
(12) An action to budget a future known change;
(13) An action to correct information that was incorrectly reported;
(14) An eligible ABAWD working at least 20 hours a week who discontinues that employment or whose work hours are reduced to less than 20 hours a week;
(15) An eligible ABAWD who has received three months of eligibility in the allowed 36 month period and is no longer eligible;
(16) Postponed verification was received due to expedited service;
(17) The household, Division of Child Protection Services, Division of Child Support, or the appropriate tribal child protection office reports a change in individuals residing in the household;
(18) The household's TANF grant has changed or stopped;
(19) Public Assistance Reporting Information System (PARIS);
(20) Information is received indicating an individual in the household is residing in an institution for a period longer than 30 days; or
(21) Information is received that an individual in the household received more than $2000 in gambling or lottery winnings.
If a change other than those specified above is reported to the department and verification is provided, the department may change the amount of assistance based on the reported and verified changes only if the calculation results in an increase in the allotment amount.
Source: 36 SDR 103, effective December 21, 2009; 36 SDR 215, effective July 1, 2010; 39 SDR 220, effective June 27, 2013; 41 SDR 93, effective December 3, 2014.
General Authority: SDCL 28-7A-3(1)(3).
Law Implemented: SDCL 28-7A-3(1)(3).
67:13:03:22. Individual
to supply necessary information. In addition to requirements contained in SDCL 28-7A-6, an individual must provide the department with the necessary verifications to establish initial or continuing eligibility or information necessary for federal reporting requirements or quality control efforts. Failure or refusal to supply the necessary information results in the denial of an application or the termination of current benefits.
Source: 36 SDR 103, effective December
21, 2009.
General Authority: SDCL 28-7A-3(1)(3).
Law Implemented: SDCL 28-7A-3(1)(3).
CHAPTER 67:13:04
DISQUALIFICATIONS AND COLLECTIONS
Section
67:13:04:01 and 67:13:04:02 Repealed.
67:13:04:03 Time limit for establishing inadvertent or agency error claims.
67:13:04:04 Hearing waiver.
67:13:04:05 Disqualification consent agreement.
67:13:04:06 Claims against household when overissuance occurs.
67:13:04:07 Postponement of scheduled disqualification hearing.
67:13:04:08 Renegotiation of claims.
67:13:04:09 Calculating budget and benefit levels if household sanctioned by or disqualified from TANF.
67:13:04:01. Disqualification
penalties and collection procedures. Repealed.
Source:
10 SDR 11, effective August 15, 1983; 25 SDR 115, effective March 24, 1999;
repealed, 36 SDR 103, effective December 21, 2009.
67:13:04:02. Claims previously suspended to be reactivated.Repealed.
Source: 10 SDR 11, effective August 15, 1983; repealed, 25 SDR 115, effective March 24, 1999.
67:13:04:03. Time limit for establishing inadvertent or agency error claims. The department may take action to establish a claim against a household that received an overissuance due to an inadvertent household or agency error only if 12 months or less have elapsed between the month the overissuance occurred and the month the department discovered the overissuance.
Source: 10 SDR 11, effective August 15, 1983; 27 SDR 111, effective April 19, 2001.
General Authority: SDCL 28-12-1.
Law Implemented: SDCL 28-12-1; 78 Stat. 703 (1964) as amended; 91 Stat. 958 (1977) as amended; 7 U.S.C. § 2011-2027, inclusive.
Cross-Reference: Criteria for establishing inadvertent household and agency error claims, 7 C.F.R. § 273.18(b).
67:13:04:04. Hearing waiver. An individual accused of committing an intentional program violation may waive the right to an administrative disqualification hearing for the first and second violations. An individual who waives this right is ineligible to participate in the program. The department shall establish the period of ineligibility according to the following:
(1) If the intentional program violation occurred before September 23, 1996, and it is the individual's first violation, 6 months;
(2) If the intentional program violation occurred before September 23, 1996, and it is the individual's second violation, 12 months;
(3) If the intentional program violation occurred after September 22, 1996, and it is the individual's first violation, 12 months; and
(4) If the intentional program violation occurred after September 22, 1996, and it is the individual's second violation, 24 months.
A hearing waiver may not be used for a third violation.
Source: 10 SDR 11, effective August 15, 1983; 15 SDR 61, effective October 23, 1988; 23 SDR 60, effective October 10, 1996; 25 SDR 115, effective March 24, 1999.
General Authority: SDCL 28-12-1.
Law Implemented: SDCL 28-12-1; 78 Stat. 703 (1964) as amended; 91 Stat. 958 (1977) as amended; 7 U.S.C. § 2011-2027, inclusive.
Cross-References: Waiver requirements, 7 C.F.R. § 273.16(f)(1)(ii); Disqualification penalties, 7 C.F.R. § 273.16(b).
67:13:04:05. Disqualification consent agreement. An individual accused of committing an intentional program violation may sign a disqualification consent agreement if the department's claim against the individual has been referred for prosecution and the decision concerning guilt has been delayed because the individual has either met the terms of a court order or has met the terms of an agreement with the prosecutor.
An individual who signs a disqualification consent agreement shall be ineligible to participate in the program. The department shall establish the period of ineligibility according to the following:
(1) If the intentional program violation occurred before September 23, 1996, and it is the individual's first violation, 6 months;
(2) If the intentional program violation occurred before September 23, 1996, and it is the individual's second violation, 12 months;
(3) If the intentional program violation occurred after September 22, 1996, and it is the individual's first violation, 12 months; and
(4) If the intentional program violation occurred after September 22, 1996, and it is the individual's second violation, 24 months.
A third violation results in permanent disqualification regardless of when the violation occurred.
Source: 10 SDR 11, effective August 15, 1983; 25 SDR 115, effective March 24, 1999.
General Authority: SDCL 28-12-1.
Law Implemented: SDCL 28-12-1; 78 Stat. 703 (1964) as amended; 91 Stat. 958 (1977) as amended; 7 U.S.C. § 2011-2027, inclusive.
Cross-References: Disqualification for intentional program violation, 7 C.F.R. § 273.16(a)(3); Disqualification penalties, 7 C.F.R. § 273.16(b).
67:13:04:06. Claims against household when overissuance occurs. For those overissuances occurring after June 20, 1986, regardless of the reason, the department may initiate a collection action against any or all individuals who were adult members of the original household when the overissuance occurred. However, the department may not collect more than the amount of the claim.
Source: 10 SDR 11, effective August 15, 1983; 13 SDR 145, effective April 12, 1987; 14 SDR 29, effective August 30, 1987.
General Authority: SDCL 28-12-1.
Law Implemented: SDCL 28-12-1, Pub. L. No. 99-198, § 1533, 99 Stat. 1583.
Cross-References:
Claims against households, 7 C.F.R. § 273.18(a).
Claims when change in household composition exists, 7 C.F.R. § 273.18(f).
Effective dates for provisions, 51 Fed. Reg. 18,744 (May 21, 1986).
Implementation, 51 Fed. Reg. 18,749 (May 21, 1986).
67:13:04:07. Postponement of scheduled disqualification hearing. An individual accused of committing an intentional program violation is entitled to one postponement of a scheduled disqualification hearing. The request for postponement shall be made at least 10 days before the scheduled hearing. The hearing may not be postponed for more than 30 days.
Source: 10 SDR 11, effective August 15, 1983.
General Authority: SDCL 28-12-1.
Law Implemented: SDCL 28-12-1; 78 Stat. 703 (1964) as amended; 91 Stat. 958 (1977) as amended; 7 U.S.C. § 2011-2027, inclusive.
Cross-Reference: Hearing postponements, 7 C.F.R. § 273.16(e)(2)(iv).
67:13:04:08. Renegotiation
of claims. If a household fails to make a payment according to the
repayment schedule negotiated between the household and the department, the
household may request renegotiation. If settlement cannot be reached, the state
shall automatically reduce the household's supplemental nutrition assistance
allotment for repayment.
Source:
10 SDR 11, effective August 15, 1983; 25 SDR 115, effective March 24, 1999; 36
SDR 103, effective December 21, 2009.
General
Authority: SDCL 28-12-1.
Law
Implemented: SDCL 28-12-1; 78 Stat. 703 (1964) as amended; 91 Stat. 958 (1977) as amended; 7 U.S.C. §§ 2011-2027, inclusive.
Cross-Reference:
Failure to reach settlement in
renegotiation -- Allotment reduction, 7 C.F.R. § 273.18(g)(2)(iii)(C).
67:13:04:09. Calculating
budget and benefit levels if household sanctioned by or disqualified from TANF.
If the household is receiving TANF and the TANF grant is closed because a
household member failed to perform a required action, the individual who failed
to perform the required action is not counted when determining the household
size. The department shall consider that individual's income, resources, and
allowable expenses when calculating the household's supplemental nutrition
assistance budget. This provision applies until the TANF disqualification
period has ended.
If the household is receiving TANF and
the TANF grant is reduced because a household member failed to perform a
required action, the department shall consider the full TANF grant, without
benefit of the reduction, when calculating the household's income.
If the household is applying for
supplemental nutrition assistance benefits but is currently disqualified from
TANF because a household member failed to perform a required action, the
household may participate in the supplemental nutrition assistance program
without a penalty.
If the household had a TANF
application pending but was disqualified for TANF because a household member
failed to perform a required action while the TANF application was pending, the
household may participate in the supplemental nutrition assistance program
without a penalty.
Source:
23 SDR 122, effective February 6, 1997; 25 SDR 115, effective March 24, 1999;
28 SDR 1, effective July 18, 2001; 28 SDR 179, effective June 13, 2002; 29 SDR
187, effective July 1, 2003; 36 SDR 103, effective December 21, 2009.
General
Authority: SDCL 28-12-1.
Law
Implemented: SDCL 28-12-1.
Cross-References:
Reduction
of public assistance benefits, 7 C.F.R. § 273.11(j).
TANF work requirements, ch 67:10:06.
