An assistance unit that includes a parent who has received assistance for 60 months is ineligible for assistance under this article unless the unit meets the hardship criteria contained in § 67:10:01:16.01. This limit applies to those cases in which the parent is ineligible for assistance under the provisions of subdivision 67:10:01:05(1), (2), or (4) and to those cases in which the parent is disqualified from assistance under the provisions of chapter 67:10:09. The 60 months do not have to be consecutive and do not begin to count until December 1996.

In determining the number of months the parent received assistance, the department shall disregard any months during which the individual was a minor child and not the head of a household or married to the head of the household and any months during which the parent lived on an Indian reservation if, during the month, at least 50 percent of the adults living on the reservation were unemployed.

Cross-References: No assistance for more than five years, Pub. L. 104-193, § 408(a)(7) (110 Stat. 2137) (August 22, 1996); Disregard of months of assistance received by adult while living on an Indian reservation or in an Alaskan native village with 50 percent unemployment, Pub. L. No. 105-33, § 5505(d)(2)(D) (111 Stat. 611) (August 5, 1997).

Source: 24 SDR 24, effective August 31, 1997; 24 SDR 177, effective June 22, 1998; 26 SDR 168, effective July 1, 2000; 28 SDR 84, effective December 20, 2001; 46 SDR 149, effective July 2, 2020.

General Authority: SDCL 28-7A-3(1)(3)(12).

Law Implemented: SDCL 28-7A-3(1)(3)(12).

Prior versions effective: 2001-12-20.