Vocational rehabilitation services requiring a determination of economic need may be provided to an individual with a disability whose total resources owned and yearly income earned meet the following measurement of economic need:

1. (1) The family unit's equity in income-producing real property does not exceed $75,000;
2. (2) The family unit's cash, bonds, securities, or investments do not exceed $3,500 plus $250 for a spouse and $250 for each dependent child; and

3. (3) The total family unit's yearly adjusted gross income minus any extenuating costs does not exceed 185 percent of the poverty guideline. If it is not possible to calculate the current yearly income of the family unit, the yearly income earned by the family unit in the last calendar year shall be used to meet the requirements of this subdivision.

   If the individual is a dependent child or a dependent adult, the division shall consider the total resources and adjusted yearly gross income minus any extenuating costs of the family unit in establishing economic need. Earned income of dependent children still in high school is not considered in establishing economic need.

   The division shall consider any resources over the standards in this section available for application to the costs of the rehabilitation plan.

Source: SL 1975, ch 16, § 1; 3 SDR 63, effective March 17, 1977; transferred from § 67:30:03:04, effective July 1, 1977; 9 SDR 94, effective January 25, 1983; 11 SDR 69, effective November 18, 1984; transferred from § 71:03:03:04, 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.