To determine continuing eligibility, the department shall apply total income, minus exclusions, against the applicable need standard in § 67:12:06:04.01 for a similar aid to families with dependent children (AFDC) household. If the income exceeds one hundred eighty-five percent of the standard, the assistance unit is no longer eligible for AFDC.

If the assistance unit is eligible, the department must review the case to determine eligibility for the earned income exemption as specified in § 67:12:05:14. If a member of the assistance unit is eligible for the earned income exemption, the department must apply the member's gross income minus the standard earned income deduction, the earned income exemption, and the dependent care disregard against the applicable need standard. If income exceeds the need, the assistance unit is no longer eligible for AFDC.

If a member of the assistance unit is not eligible for the earned income exemption, the department must apply the member's gross income minus the standard earned income deduction and the dependent care disregard against the applicable need standard. If income exceeds the need, the assistance unit is no longer eligible for AFDC.

Cross-References:

Income and resources, 45 C.F.R. § 233.20(a)(3).

Standard earned income deduction, § 67:12:05:18.

Dependent care disregard from earnings -- Employed caretaker relatives, § 67:12:05:21.

Source: SL 1975, ch 16, § 1; 2 SDR 88, effective July 1, 1976; 7 SDR 66, 7 SDR 89, effective July 1, 1981; 8 SDR 82, effective January 13, 1982; 8 SDR 174, effective June 28, 1982; 12 SDR 4, effective July 21, 1985; 12 SDR 112, effective January 16, 1986; 12 SDR 204, effective July 1, 1986; 16 SDR 58, effective October 1, 1989 ; 52 SDR 55, effective December 2, 2025 .

General Authority: SDCL 28- 6-1 .

Law Implemented: SDCL 28- 6-1 .

Prior versions effective: 1989-10-01.