If the hearing decision is favorable to the aid to families with dependent children recipient, or if the department decides in favor of the recipient before the hearing, the department must promptly make corrective payments retroactive to the date the incorrect action was taken. Retroactive corrective payments may only be made for the twelve months preceding the month in which the underpayment is discovered.

Source: SL 1975, ch 16, § 1; transferred from § 67:12:03:29, 2 SDR 71, effective April 29, 1976; 7 SDR 66, 7 SDR 89, effective July 1, 1981; transferred from § 67:17:02:29 , 21 SDR 172, effective April 3, 1995 ; 52 SDR 55, effective December 2, 2025 .

General Authority: SDCL 28-6-1 .

Law Implemented: SDCL 28- 6-1 .

Prior versions effective: 1995-04-03.