Except for a nonrecipient whose income is deemed available to the assistance unit according to §§ 67:12:01:14.01 and 67:12:05:52.01, income from a nonrecipient is treated as follows:

1. (1) The cash contribution of a boarder is considered income. A boarder is an individual who pays a home owner a stipulated sum for regular meals or meals and lodging. If the household offers board to people as a business, the provisions of § 67:12:05:12 apply;
2. (2) The cash contribution of a roomer is considered income. A roomer generally does not receive meals in addition to room. If the household offers room to people as a business, the provisions of § 67:12:05:12 apply;
3. (3) The income of a sanctioned individual who, except for the sanction, would be required to be included in the assistance unit according to § 67:12:01:69 is considered available to meet and must be deducted from the budgetary needs of the assistance unit; and

4. (4) For an assistance unit in an independent living arrangement, as defined in § 67:12:06:00, the cash contribution made by a nonrecipient household member for the assistance unit's rent or mortgage is considered unearned income to the assistance unit if the rent contribution is made in the absence of a landlord-tenant agreement between the nonrecipient and the landlord or the mortgage contribution is made in the absence of an agreement between the nonrecipient and the mortgage holder.

   For purposes of this rule, a nonrecipient is an individual who is not a part of the assistance unit for which income is being considered.

Source: SL 1975, ch 16, § 1; 5 SDR 102, effective June 6, 1979; 7 SDR 23, effective September 18, 1980; 7 SDR 66, 7 SDR 89, effective July 1, 1981; 8 SDR 82, effective January 13, 1982; 11 SDR 54, effective October 1, 1984; 12 SDR 204, effective July 1, 1986 ; 52 SDR 55, effective December 2, 2025 .

General Authority: SDCL 28- 6-1 .

Law Implemented: SDCL 28- 6-1 .

Prior versions effective: 1986-07-01.