All benefits derived from governmental sources and compensations that are actually received by applicants for or recipients of public assistance must be considered available to and deductible from the requirements recognized on the assistance plan on the same basis as net income derived from real or personal property. If an individual within the household receives supplemental security income (SSI), the department may not consider that individual's income or resources when determining aid to families with dependent children (AFDC) eligibility and the amount of assistance. If the recipient payee's only child is determined eligible for and becomes a recipient of SSI, the recipient payee continues to be eligible for AFDC provided all other eligibility factors are met.

If an individual receives educational assistance from the Veterans' Administration, the part of the payment that is for the student and is used for items for school purposes and child care services necessary for school attendance is not considered income for purposes of the AFDC program. The part of the payment received from the Veterans' Administration for the individual's dependents who are in an AFDC assistance unit must be considered available as nonexempt income.

Source: SL 1975, ch 16, § 1; 2 SDR 88, effective July 1, 1976; 4 SDR 27, effective November 6, 1977; 7 SDR 66, 7 SDR 89, effective July 1, 1981; 9 SDR 42, effective October 10, 1982; 11 SDR 54, effective October 1, 1984 ; 52 SDR 55, effective December 2, 2025 .

General Authority: SDCL 28- 6-1 .

Law Implemented: SDCL 28- 6-1 .

Prior versions effective: 1984-10-01.