Real property held in trust is not considered a resource for long-term care assistance if the applicant or recipient has restricted access to the principal, which includes required approval of the secretary of interior or a duly appointed representative.

Cross-References: Definitions, § 67:46:05:01; Exclusion of Indian lands, 20 C.F.R. § 416.1234.

Source: 2 SDR 74, effective May 13, 1976; 7 SDR 66, 7 SDR 89, effective July 1, 1981; 8 SDR 170, effective June 21, 1982; 9 SDR 133, effective April 27, 1983; transferred from § 67:16:20:11, effective August 23, 1992.

General Authority: SDCL 28-6-1.

Law Implemented: SDCL 28-6-1.