Terms defined in § 46:30:01:01 have the same meaning when used in this chapter. In addition, terms used in this chapter mean:

1. (1) "Dependent family member," an individual who is single, living at home with parents or legal guardians and is claimed as a dependent on the current family federal income tax form or receives more than half of the individual's financial support from parents or legal guardians;
2. (2) "Economic need test," a test to determine the economic need of an individual with a disability as a condition precedent to providing specific rehabilitation services;
3. (3) "Family unit," the head of household and all other individuals the head of household may currently claim as dependents for federal income tax purposes; a married couple filing separate tax returns;
4. (4) "Poverty guidelines," the dollar amounts set by the United States Department of Health and Human Services in 59 Fed. Reg. 6,277 (February 10, 1994);
5. (5) "Yearly adjusted gross income," the family unit's salaries, net business profit, net farm income, investment income, insurance or compensation, old age survivors' insurance, social security disability insurance, supplemental security income, public assistance, unemployment insurance, aid from family members, or any other resources available to the family unit.

Source: 3 SDR 20, effective September 19, 1976; 3 SDR 63, effective March 17, 1977; transferred from § 67:30:03:01, effective July 1, 1977; 10 SDR 48, effective November 24, 1983; 11 SDR 69, effective November 18, 1984; 15 SDR 107, effective January 26, 1989; transferred from § 71:03:03:01, SL 1989, ch 21, § 3, effective July 1, 1989; 21 SDR 45, effective September 15, 1994; 26 SDR 96, effective January 24, 2000.

General Authority: SDCL 28-9-44(4) , 28-10-21(4).

Law Implemented: SDCL 28-9-30 , 28-9-32 , 28-9-44 , 28-10-14.