When making a determination of mismanagement because of the nonpayment of bills, the department considers the existence of extenuating circumstances, including the following:
- (1) Whether the assistance unit experienced some emergency or extraordinary event for which available funds were spent appropriately;
- (2) Whether expenses for necessary bills of the assistance unit exceeded the assistance unit's grant and other income; and
- (3) Whether the caretaker relative withheld the payment as a legitimate exercise of consumer rights, for example, a dispute concerning the terms of an agreement.
Source: 24 SDR 24, effective August 31, 1997.
General Authority: SDCL 28-7A-3(7).
Law Implemented: SDCL 28-7A-3(7).