1 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 $ 461 491 $ 285 304
2 persons 564 601 389 414
3 persons 631 672 456 486
4 persons 698 743 523 557
5 persons 763 812 589 627
6 persons 830 884 655 697
7 persons 896 954 720 767
8 persons 963 1,025 788 839
9 persons 1,027 1,093 854 909
10 persons 1,092 1,163 918 977
11 persons 1,158 1,233 984 1,047
12 persons 1,225 1,304 1,050 1,118
For a unit size greater than twelve eligible persons, add fifty-three dollars for each
additional member person.
2
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; 52 SDR 9, effective August 4, 2025.
General Authority: SDCL 28-7A-3.
Law Implemented: SDCL 28-7A-3(1), 28-7A-4.
3 67:10:05:05. Payment standard -- Child not living with parent. Based on the
number of eligible persons in the assistance unit, the payment standard for a household that
does not include a parent is:
UNIT SIZE PAYMENT STANDARD
1 child $ 389 414
2 children 456 486
3 children 523 557
4 children 589 627
5 children 655 697
6 children 720 767
7 children 788 839
8 children 854 909
9 children 918 977
10 children 984 1,047
11 children 1,050 1,118
12 children 1,118 1,190
For a unit size greater than twelve children, add fifty-three dollars for each additional
child.
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
4 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; 52 SDR 9, effective August 4, 2025.
General Authority: SDCL 28-7A-3.
Law Implemented: SDCL 28-7A-3(1), 28-7A-4.
5 67:46:04:13. Department to refer certain individuals to Social Security
Administration to apply for supplemental security income. The department must refer an
individual to the Social Security Administration to apply for supplemental security income if
the individual's income, minus twenty dollars, is less than:
(1) The standard thirty-dollar supplemental security income payment, if the individual
is living in a medical or nursing facility; or
(2) The supplemental security income standard benefit amount of nine hundred sixty-
seven dollars nine hundred ninety-four dollars, if the individual is not institutionalized but
living in an adult foster care home or an assisted living facility.
Source: 2 SDR 74, effective May 13, 1976; 4 SDR 35, effective December 22, 1977; 7
SDR 66, 7 SDR 89, effective July 1, 1981; 8 SDR 170, effective June 21, 1982; 9 SDR 133,
effective April 27, 1983; 15 SDR 2, effective July 17, 1988; 16 SDR 203, effective May 27,
1990; transferred from § 67:16:19:08, effective August 23, 1992; 20 SDR 92, effective
December 21, 1993; 21 SDR 162, effective March 23, 1995; 22 SDR 188, effective July 8,
1996; 24 SDR 67, effective November 26, 1997; 26 SDR 99, effective January 30, 2000; 28
SDR 178, effective July 3, 2002; 30 SDR 193, effective June 13, 2004; 31 SDR 107,
effective February 1, 2005; 33 SDR 124, effective January 2, 2007; 34 SDR 271, effective
April 17, 2008; 35 SDR 234, effective April 1, 2009; 38 SDR 123, effective January 23,
2012; 41 SDR 7, effective July 29, 2014; 41 SDR 218, effective June 30, 2015.; 44 SDR 94,
effective December 4, 2017; 47 SDR 24, effective September 10, 2020; 47 SDR 138,
effective July 1, 2021; 48 SDR 131, effective July 4, 2022; 49 SDR 125, effective July 3,
2023; 51 SDR 3, effective June 30, 2024; 51 SDR 140, effective June 30, 2025.
6 General Authority: SDCL 28-6-1.
Law Implemented: SDCL 28-6-1(4)(6).
Cross-Reference:
Long-term care residency requirement and beginning of eligibility, § 67:46:03:03.
7 67:46:05:15. Home property exclusion. If an individual's eligibility for long-term
care assistance is based on an application that was received by the department before January
1, 2006, the individual's An individual's home property is excluded from assets if the
individual's eligibility for long-term care assistance is based on an application that was
received by the department before January 1, 2006, if and so long as the property continues
to be the individual's principal place of residence or continues to be occupied by and is the
primary residence of the individual's spouse, child, stepchild, grandchild, parent, stepparent,
grandparent, aunt, uncle, niece, nephew, brother, sister, stepbrother, stepsister, half-brother,
half-sister, cousin, or in-law, who is dependent on the individual.
The value of the individual's ownership interest in a jointly owned home is an excluded
resource excluded from assets for as long as a sale of the property would cause undue
hardship to a co-owner, due to loss of housing, to a co-owner. To show an undue hardship,
the individual must provide clear and convincing evidence that the co-owner uses the
property as the co-owner's principal place of residence, would have to move if the property
were sold, and has no other readily available housing.
If an individual's eligibility for long-term care assistance is based on an application that
was received by the department after December 31, 2023, the individual's home property
interest, up to an equity value of seven hundred thirty thousand dollars seven hundred fifty-
two thousand dollars, is excluded from the individual's assets if it continues to be the
individual's principal place of residence.
If the equity interest in the home is greater than the amount specified, the individual is
ineligible for long-term care medical assistance, regardless of whether the individual will be
returning is anticipated to return to the home to live.
8 The equity limit contained in this section does not apply if the individual's spouse, or
child who is under age twenty-one, is blind or permanently and totally disabled and is
lawfully residing in the home.
Nothing in this rule prevents the individual from using a reverse mortgage or home
equity loan to reduce the total equity interest in the home.
Source: 2 SDR 74, effective May 13, 1976; 4 SDR 10, effective August 28, 1977; 5
SDR 109, effective July 1, 1979; 7 SDR 23, effective September 18, 1980; 7 SDR 66, 7 SDR
89, effective July 1, 1981; 8 SDR 170, effective June 21, 1982; transferred from
§ 67:16:20:05, effective August 23, 1992; 33 SDR 44, effective August 31, 2006; 41 SDR
93, effective December 3, 2014; 41 SDR 218, effective June 30, 2015; 44 SDR 94, effective
December 4, 2017; 47 SDR 24, effective September 10, 2020; 47 SDR 138, effective July 1,
2021; 48 SDR 131, effective July 4, 2022; 49 SDR 125, effective July 3, 2023; 51 SDR 3,
effective July 1, 2024; 51 SDR 140, effective June 30, 2025.
General Authority: SDCL 28-6-1, 28-6-18.
Law Implemented: SDCL 28-6-1(4)(6), 28-6-17.
Cross-References:
Disqualification for long-term care assistance for individuals with substantial home
equity, 42 U.S.C. § 1396p(f).
Period of ineligibility waived under certain circumstances, § 67:46:05:10.
9 67:46:07:12. Computation of community spouse's maintenance allowance and
excess shelter allowance. The community spouse's monthly minimum maintenance
allowance is one hundred fifty percent of the federal poverty income level, established in
accordance with § 67:11:01:03, for two persons, divided by twelve.
The excess shelter allowance is determined by subtracting thirty percent of the
minimum maintenance allowance from the community spouse's shelter costs. Shelter costs
include rent or mortgage costs, trailer parking space fees, taxes and insurance on the
premises, and condominium or cooperative maintenance charges for the couple's principal
residence. Shelter costs also include the applicable supplemental nutrition assistance program
utility allowance pursuant to § 67:13:01:02, 67:13:01:05, or 67:13:01:06.
Rent, mortgage, taxes, insurance, and condominium and cooperative maintenance
charges paid less frequently than monthly are prorated.
The combined spousal allowances may not exceed three thousand nine hundred forty-
eight dollars four thousand sixty-six dollars and fifty cents, unless a greater allowance is
provided for under a court order of support, or if, through the fair hearing process, it is
determined that a greater amount of need exists because of circumstances resulting in
financial duress.
These allowances are not permissible if the institutionalized spouse does not make the
income available to the community spouse.
Source: 16 SDR 203, effective May 27, 1990 and July 1, 1990; transferred from
§ 67:16:32:12, effective August 23, 1992; 19 SDR 141, effective March 25, 1993; 20 SDR
92, effective December 21, 1993; 20 SDR 170, effective April 21, 1994; 21 SDR 162,
10 effective March 23, 1995; 31 SDR 107, effective February 1, 2005; 33 SDR 124, effective
January 2, 2007; 34 SDR 271, effective April 17, 2007; 35 SDR 234, effective April 1, 2009;
41 SDR 7, effective July 29, 2014; 41 SDR 93, effective December 3, 2014; 41 SDR 218,
effective June 30, 2015; 44 SDR 94, effective December 4, 2017; 47 SDR 24, effective
September 10, 2020; 47 SDR 138, effective July 1, 2021; 48 SDR 131, effective July 4,
2022; 49 SDR 125, effective July 3, 2023; 51 SDR 3, effective June 30, 2024; 51 SDR 140,
effective June 30, 2025.
General Authority: SDCL 28-6-1, 28-6-18.
Law Implemented: SDCL 28-6-1(4)(6), 28-6-17, 28-6-18(6).