An individual is ineligible for assistance if the individual pleads guilty or nolo contendere to an IPV charge or if a hearing officer or court finds that the individual has committed an IPV. The periods of ineligibility are as follows:

1. (1) For an IPV which occurred before September 1, 1997:

   1. (a) Six months for the first occurrence;
   2. (b) Twelve months for the second occurrence; and
   3. (c) Permanently for the third occurrence.

2. (2) For an IPV which occurred after August 31, 1997:

   1. (a) Twelve months for the first occurrence;
   2. (b) Twenty-four months for the second occurrence; and

   3. (c) Permanently for the third occurrence.

      During the disqualification period, the individual's needs are not considered when determining the assistance unit's need and the amount of assistance; however, the individual's resources and income are considered available to the assistance unit.

      The disqualification penalty affects only the individual concerned and may not take the place of other sanctions under the program.

Source: 24 SDR 24, effective August 31, 1997.

General Authority: SDCL 28-7A-3(5).

Law Implemented: SDCL 28-7A-3(5) , 28-7A-16.