The real property of an applicant or recipient that is the usual residence of the assistance unit may not be considered when determining eligibility for aid to families with dependent children. If the applicant or recipient is temporarily absent from the usual residence, the usual residence may be exempted if:

1. (1) The applicant or recipient intends to return to the residence on a specific date;
2. (2) The applicant or recipient agrees to immediately inform the department if the intention of the applicant or recipient to return to the residence changes; and

3. (3) The absence will not exceed one year, unless the department authorizes a longer period of time.

   If the applicant or recipient has more than one residence, the applicant or recipient may only claim one residence as exempt under this rule.

   The residence may not include different lots and tracts unless the lots or tracts are contiguous to, or consistently or regularly used as part of, the residence.

Source: SL 1975, ch 16, § 1; 2 SDR 24, effective October 1, 1975; 7 SDR 66, 7 SDR 89, effective July 1, 1981; 8 SDR 58, effective November 29, 1981; 10 SDR 144, effective July 1, 1984; 12 SDR 112, effective January 16, 1986 ; 52 SDR 55, effective December 2, 2025 .

General Authority: SDCL 28- 6-1 .

Law Implemented: SDCL 28- 6-1 .

Prior versions effective: 1986-01-16.