In determining income for a non-self-employed household, the department shall compute the household's income from the three full calendar months immediately prior to the date of application.

In determining household income for a self-employed household, the department shall use the income from the household's most recent tax return. If the household does not qualify due to excess income, the department shall give the household an opportunity to present evidence that there has been a change in the household's circumstances. If the department determines that there has been a change in circumstances, the department shall calculate the self-employment income based on anticipated earnings and not on the basis of prior income.

If a household is determined categorically income eligible, the household is automatically income eligible for LIEAP assistance.

Source: 8 SDR 95, effective February 18, 1982; 9 SDR 75, effective December 19, 1982; 10 SDR 30, effective October 3, 1983; 12 SDR 73, effective November 4, 1985; 13 SDR 64, effective December 4, 1986; 17 SDR 66, effective November 12, 1990; 29 SDR 116, effective February 23, 2003; 31 SDR 192, effective June 8, 2005; 36 SDR 103, effective December 21, 2009.

General Authority: SDCL 28-1-50.

Law Implemented: SDCL 28-1-46.