A n applicant is ineligible for assistance if the department determines the applicant's intent in transferring, selling, or assigning real or personal property , with or without reservations , was to render the applicant eligible for assistance. To determine the applicant's intent in making the transfer, sale, or assignment of real or personal property , the department shall consider:

1. (1) The time period between the applicant's transfer, sale, or assignment of real or personal property and the time of the application for assistance; and

2. (2) Information indicating that the applicant made the transfer, sale, or assignment with the intent of rendering the applicant eligible for assistance.

   Any legal reservation retained by the applicant in the transfer, sale, or assignment of real or personal property is subject to the limitations on real property contained in chapter 67:12:04 and the limitations on personal property contained in chapter 67:12:05.

Source: SL 1975, ch 16, § 1; 3 SDR 52, effective January 27, 1977; 4 SDR 10, effective August 28, 1977; 7 SDR 66, 7 SDR 89, effective July 1, 1981 ; 52 SDR 55, effective December 2, 2025 .

General Authority: SDCL 28- 6-1 .

Law Implemented: SDCL 28- 6-1 .

Prior versions effective: 1981-07-01.