In order to establish temporary absence as opposed to home property abandonment, the individual must present convincing evidence at the time of application, such as a physician's statement, indicating that residence in the long-term care facility is temporary. Temporary absence must be reestablished at 12-month intervals. Home property is abandoned if the individual is unable to provide convincing evidence that the absence is temporary or that a return to the home is realistic.

Cross-References:

Transfer of home property not affecting eligibility, § 67:46:05:16.

Conversion of recipient's excludable resource, § 67:46:05:29.

Resource limit, § 67:46:05:30.

Source: 2 SDR 74, effective May 13, 1976; 5 SDR 109, effective July 1, 1979; 7 SDR 23, effective September 18, 1980; 7 SDR 66, 7 SDR 89, effective July 1, 1981; 8 SDR 170, effective June 21, 1982; 17 SDR 187, effective June 3, 1991; transferred from § 67:16:20:08, effective August 23, 1992.

General Authority: SDCL 28-6-1.

Law Implemented: SDCL 28-6-1.