If a supplemental nutrition assistance household contains an ineligible alien, the department shall consider the ineligible alien's presence in the household according to the following:

1. (1) When determining the household's supplemental nutrition assistance allotment, the alien may not be included;
2. (2) When determining the household's resources, include the alien's resources. The maximum resource allowance is limited to $2,000 regardless of whether the alien is 60 years of age or older or is a person with a disability;
3. (3) When determining the household's income, the household must meet both the gross income and the net income eligibility levels regardless of whether the alien is disabled or 60 years of age or older;
4. (4) When determining the household's income, include all of the alien's income except a pro-rata share for the alien. To determine the pro-rata share, divide the alien's income by the number of household members, including the alien. The result is the pro-rata share. Subtract a pro-rata share for the alien and count the remainder; and

5. (5) When determining the household's deductions, include all of the alien's allowable child support, shelter, and dependent care expenses paid by or billed to the alien except a pro-rata share for the alien. To determine the pro-rata share, divide the alien's deductions by the number of household members, including the alien. The result is the pro-rata share for the alien. Subtract the alien's pro-rata share and count the remainder.

   Cross References:

   Maximum allowable resources, 7 C.F.R. § 273.8(b).

   Income exclusions, 7 C.F.R. § 273.9(c).

   Ineligible aliens, 7 C.F.R. § 273.11(c)(3).

Source: 28 SDR 1, effective July 18, 2001; 36 SDR 103, effective December 21, 2009.

General Authority: SDCL 28-12-1.

Law Implemented: SDCL 28-12-1.