A nondependent household member must be excluded from the assistance unit. The needs of a nondependent household member may not be considered when determining the amount of the assistance grant. The following individuals are nondependent household members:

1. (1) A parent or sibling who receives supplemental security income benefits;
2. (2) A parent or sibling who is an alien and is ineligible for aid to families with dependent children (AFDC) because of the application of sponsor-to-alien deeming required by § 67:12:01:14.01;
3. (3) A parent or sibling who is an alien and is ineligible for AFDC because the parent or sibling does not meet the citizenship and alienage requirements;
4. (4) A parent or sibling who is ineligible for AFDC as the result of the imposition of a sanction;
5. (5) A parent or sibling previously entitled to AFDC who is ineligible due to receipt of lump sum income; and

6. (6) A parent or sibling for whom foster care maintenance payments are received.

   Cross-References:

   Application, determination of eligibility and furnishing of assistance, 45 C.F.R. § 206.10.

   Citizenship and alienage, 45 C.F.R. § 233.50.

   Eligibility of sponsored aliens, 45 C.F.R. § 233.51.

   Factors specific to AFDC, 45 C.F.R. § 233.90(a).

   Individuals who must be included in assistance unit, § 67:12:01:69.

Source: SL 1975, ch 16, § 1; 2 SDR 88, effective July 1, 1976; 3 SDR 52, effective January 27, 1977; 5 SDR 48, effective December 19, 1978; 5 SDR 102, effective June 6, 1979; 7 SDR 23, effective September 18, 1980; 7 SDR 66, 7 SDR 89, effective July 1, 1981; 11 SDR 54, effective October 1, 1984; 21 SDR 172, effective April 3, 1995; 22 SDR 70, effective November 19, 1995 ; 52 SDR 55, effective December 2, 2025 .

General Authority: SDCL 28- 6-1 .

Law Implemented: SDCL 28- 6-1 .

Prior versions effective: 1995-11-19.