1 CHAPTER 67:10:05 BUDGETING Section
67:10:05:01 Definitions.
67:10:05:02 Computing amount of assistance grant -- Limitation.
67:10:05:03 Payment standard -- Assistance unit includes parent -- Independent or
shared living arrangement.
67:10:05:04 Payment standard -- Child not living with parent and placed by child
placement agency, Repealed.
67:10:05:05 Payment standard -- Child not living with parent and not placed by
child placement agency.
67:10:05:06 Payment standard when assistance unit contains children meeting
conditions of §§ 67:10:05:04 and 67:10:05:05, Repealed.
67:10:05:07 Determining eligibility and computing assistance payment.
67:10:05:08 Determination of initial month's benefits.
67:10:05:09 Suspending eligibility after initial month of assistance.
67:10:05:10 Repealed.
67:10:05:11 Change in amount of assistance because of change in living
arrangement or assistance unit size.
67:10:05:12 Recovery of overpayments from assistance unit.
67:10:05:13 Correction of underpayments.
67:10:05:14 Completed report form required.
67:10:05:15 Repealed.
2 67:10:05:16 Repealed.
67:10:05:17 Eligibility and amount of assistance payment.
3 67:10:05:02. Computing amount of assistance grant -- Limitation. The amount
of assistance which may be paid to an assistance unit is derived by the following
computation:
(1) Add the countable earned and unearned income and other benefits available to
or received by the assistance unit, except the deductions allowed in § 67:10:03:04;
(2) Subtract the sum from the applicable payment standard contained in
§ 67:10:05:03, 67:10:05:04, or 67:10:05:05; and
(3) Round the resulting figure down to the nearest dollar.
No payment is made to a recipient if the amount of the assistance payment, not
considering recoupment amounts, is less than ten dollars.
Source: 24 SDR 24, effective August 31, 1997; 36 SDR 103, effective December
21, 2009.
General Authority: SDCL 28-7A-3(1).
Law Implemented: SDCL 28-7A-3(1), 28-7A-4.
4 67:10:05:03. Payment standard -- Assistance unit includes parent --
Independent or shared living arrangement. Based on the number of eligible persons in
the assistance unit and the unit's living arrangement, the payment standard for a
household that includes at least one parent of a dependent child is as follows:
PAYMENT STANDARD
UNIT SIZE INDEPENDENT LIVING
ARRANGEMENT SHARED LIVING
ARRANGEMENT
1 person $ 512 461 $ 317 285
2 persons 627 564 432 389
3 persons 701 631 507 456
4 persons 775 698 581 523
5 persons 848 763 654 589
6 persons 922 830 728 655
7 persons 996 896 800 720
8 persons 1,070 963 875 788
9 persons 1,141 1,027 949 854
10 persons 1,213 1,092 1,020 918
11 persons 1,287 1,158 1,093 984
12 persons 1,361 1,225 1,167 1,050
For a unit size greater than twelve eligible persons, add fifty-three dollars for each
additional member.
5 Source: 24 SDR 24, effective August 31, 1997; 28 SDR 1, effective July 18,
2001; 28 SDR 178, effective July 3, 2002; 29 SDR 177, effective July 1, 2003; 30 SDR
211, effective July 1, 2004; 32 SDR 33, effective August 31, 2005; 34 SDR 93, effective
October 17, 2007; 34 SDR 323, effective July 1, 2008; 36 SDR 22, effective August 18,
2009; 39 SDR 113, effective December 26, 2012; 40 SDR 229, effective June 30, 2014;
43 SDR 31, effective September 12, 2016; 47 SDR 138, effective July 1, 2021; 48 SDR
131, effective July 4, 2022; 49 SDR 125, effective July 3, 2023.
General Authority: SDCL 28-7A-3.
Law Implemented: SDCL 28-7A-3(1), 28-7A-4.
6 67:10:05:04. Payment standard -- Child not living with parent and placed by
child placement agency. The payment standard for an assistance unit which contains a
child or children placed by the department, a licensed child placement agency, or a tribal
or BIA social services agency under a court order, but which does not contain a parent
who is receiving assistance for the parent's own child is the department's basic family
foster care rate. The department shall pay this rate for the first child in care that meets the
criteria contained in this section. If the assistance unit contains more than one child, the
department shall pay $53 for each additional child in care.
The current court order or child placement agreement placing the child into the
assistance unit must be current Repealed.
Source: 24 SDR 24, effective August 31, 1997; 28 SDR 1, effective July 18,
2001; 28 SDR 178, effective, July 3, 2002; 29 SDR 177, effective July 1, 2003; 30 SDR
211, effective July 1, 2004; 32 SDR 33, effective August 31, 2005.
General Authority: SDCL 28-7A-3(1).
Law Implemented: SDCL 28-7A-3(1), 28-7A-4.
Cross-References: License or registration required for child care or placement by
public or private agency -- Waiver violation as misdemeanor, SDCL 26-6-9; Categories
of child welfare agency licenses -- Child placement agency, SDCL 26-6-14(4).
7 67:10:05:05. Payment standard -- Child not living with parent and not
placed by child placement agency. The Based on the number of eligible persons in the
assistance unit, the payment standard for an assistance unit that does not meet the criteria
contained in either § 67:10:05:03 or 67:10:05:04 a household that does not include a
parent is:
UNIT SIZE PAYMENT STANDARD
1 child $ 432 389
2 children 507 456
3 children 581 523
4 children 654 589
5 children 728 655
6 children 800 720
7 children 875 788
8 children 949 854
9 children 1,020 918
10 children 1,093 984
11 children 1,167 1,050
12 children 1,242 1,118
For a unit size greater than twelve children, add fifty-three dollars for each
additional child.
8 Source: 24 SDR 24, effective August 31, 1997; 28 SDR 1, effective July 18,
2001; 28 SDR 178, effective July 3, 2002; 29 SDR 177, effective July 1, 2003; 30 SDR
211, effective July 1, 2004; 32 SDR 33, effective August 31, 2005; 34 SDR 93, effective
October 17, 2007; 34 SDR 323, effective July 1, 2008; 36 SDR 22, effective August 18,
2009; 39 SDR 113, effective December 26, 2012; 40 SDR 229, effective June 30, 2014;
43 SDR 31, effective September 12, 2016; 47 SDR 138, effective July 1, 2021; 48 SDR
131, effective July 4, 2022; 49 SDR 125, effective July 3, 2023.
General Authority: SDCL 28-7A-3.
Law Implemented: SDCL 28-7A-3(1), 28-7A-4.
9 67:10:05:06. Payment standard when assistance unit contains children
meeting conditions of §§ 67:10:05:04 and 67:10:05:05. The department shall use the
highest payment standard available if an assistance unit contains only children meeting
the conditions of §§ 67:10:05:04 and 67:10:05:05 Repealed.
Source: 24 SDR 24, effective August 31, 1997.
General Authority: SDCL 28-7A-3(1).
Law Implemented: SDCL 28-7A-3(1), 28-7A-4.