The department shall consider the income of a minor parent's parent when determining eligibility for and the amount of the aid to families with dependent children (AFDC) payment if the minor parent's parent lives in the same household as the minor parent and the dependent child. The department shall consider the income of the minor parent's parent available to meet the needs of the dependent child after the following disregards are applied:

1. (1) Ninety dollars for work expenses for each employed minor parent's parent;
2. (2) An amount equal to the applicable AFDC need standard for each minor parent's parent living in the home who is not part of the assistance unit but is a dependent of the minor parent's parent;
3. (3) Amounts paid by the minor parent's parent to support an individual outside the home who could be claimed as a dependent; and

4. (4) Payments by the minor parent's parent for child support and alimony to an individual outside the home.

   The needs of a sanctioned individual who would otherwise be required to be a member of the assistance unit may not be taken into consideration when computing the allowable disregards from the income of the minor parent's parent.

   For purposes of this rule, a minor is an individual under the age of eighteen, regardless of school attendance or marital status.

   Cross-References:

   Consideration of income of minor parent's parent, 45 C.F.R. § 233.20(a)(3)(xviii).

   Definitions, "need standard", subdivision 67:12:06:00(7).

Source: 12 SDR 4, effective July 21, 1985; 12 SDR 204, effective July 1, 1986; 13 SDR 193, effective June 22, 1987; 16 SDR 58, effective October 1, 1989; 19 SDR 68, effective November 9, 1992 ; 52 SDR 55, effective December 2, 2025 .

General Authority: SDCL 28- 6-1 .

Law Implemented: SDCL 28- 6-1 .

Prior versions effective: 1992-11-09.