When determining aid to families with dependent children eligibility and the amount of the assistance grant, the earned income of a dependent child, except income earned from participation in the Job Training Partnership Act summer youth employment program, is:

1. (1) Considered when the child is not a student or is a part-time student working full-time when determining eligibility and the amount of the assistance grant;
2. (2) Considered when the child is a part-time student working part time when determining eligibility and disregarded when determining the amount of the assistance grant; and

3. (3) Excluded when the child is a full-time student when determining eligibility and the amount of the assistance grant for a maximum of six months each calendar year. After six months of exclusion, the child's earned income is considered when determining eligibility and disregarded when determining the amount of the assistance grant.

   Cross-References:

   Disregard of income and resources applicable only to AFDC, 45 C.F.R. § 233.20(a)(11).

   Exclusion of dependent child's income received from Job Training Partnership Act summer youth employment program, § 67:12:05:74.

   Exclusion of dependent child's earnings, § 67:12:05:79.

   Financial eligibility -- Gross income limit, § 67:12:06:03.

Source: SL 1975, ch 16, § 1; 7 SDR 66, 7 SDR 89, effective July 1, 1981; 8 SDR 82, effective January 13, 1982; 9 SDR 42, effective October 10, 1982; 12 SDR 4, effective July 21, 1985; 20 SDR 196, effective May 23, 1994 ; 52 SDR 55, effective December 2, 2025 .

General Authority: SDCL 28- 6-1 .

Law Implemented: SDCL 28- 6-1 .

Prior versions effective: 1994-05-23.