Aid to F amilies W ith D ependent C hildren assistance may be granted to a child whose parent suffers from physical incapacity because of blindness or visual impairment. To conclude the parent suffers from a physical incapacity, the disability incapacity consultation team must, based upon a review of sources described in § 67:12:01:40 , find that the incapacity is so debilitating that it reduces substantially or eliminates the parent's ability to support or care for the otherwise eligible child. A determination of incapacity shall be made by the disability incapacity consultation team as provided in § 67:12:01:40 .

Notwithstanding this section, any parent who meets the definition of a blind individual as defined under the supplemental security income, social security disability insurance, or supplemental security income disability program has established conclusive proof of physical incapacity due to blindness.

Cross-References:

Definition of a blind individual, 42 U.S.C. § 1382c(a)(2).

Definition of terms, 45 C.F.R. § 233.80.

Physical or mental incapacity, 45 C.F.R. § 233.90(c)(1)(iv).

Source: 1 SDR 66, effective April 3, 1975; 7 SDR 23, effective September 18, 1980; 7 SDR 66, 7 SDR 89, effective July 1, 1981; 18 SDR 67, effective October 13, 1991 ; 51 SDR 52, effective November 11, 2024 .

General Authority: SDCL 28- 6-1 .

Law Implemented: SDCL 28- 6 -1 .

Prior versions effective: 1991-10-13.