Deduction for personal needs.
Effective Jun 30, 202451 SDR 3Source: 2 SDR 74, effective May 13, 1976; 5 SDR 109, effective July 1, 1979; 7 SDR 76, effective February 11, 1981; 7 SDR 66, 7 SDR 89, effective July 1, 1981; 8 SDR 170, effective June 21, 1982; 9 SDR 133, effective April 27, 1983; 15 SDR 2, effective July 17, 1988; transferred from § 67:16:21:03, effective August 23, 1992; 19 SDR 141, effective March 25, 1993; 30 SDR 193, effective June 13, 2004; SL 2004, ch 186, § 1, effective July 1, 2004; 41 SDR 93, effective December 3, 2014 ; 51 SDR 3, effective June 30, 2024 . | General Authority: SDCL 28-6-1 . | Law Implemented: SDCL 28-6-1 (6) .
An applicant or recipient residing in a nursing or intermediate care facility is allowed:
- (1) A deduction of one hundred dollars per month to cover personal needs;
- (2) If earning income, an additional deduction for personal needs up to a maximum of the first seventy-five dollars of gross earned income per month; and
- (3) If paying court-ordered child or spousal support, an additional deduction for personal needs up to the amount of child or spousal support actually paid out, not to exceed the court-ordered amount.
Source: 2 SDR 74, effective May 13, 1976; 5 SDR 109, effective July 1, 1979; 7 SDR 76, effective February 11, 1981; 7 SDR 66, 7 SDR 89, effective July 1, 1981; 8 SDR 170, effective June 21, 1982; 9 SDR 133, effective April 27, 1983; 15 SDR 2, effective July 17, 1988; transferred from § 67:16:21:03, effective August 23, 1992; 19 SDR 141, effective March 25, 1993; 30 SDR 193, effective June 13, 2004; SL 2004, ch 186, § 1, effective July 1, 2004; 41 SDR 93, effective December 3, 2014 ; 51 SDR 3, effective June 30, 2024 .
General Authority: SDCL 28-6-1 .
Law Implemented: SDCL 28-6-1 (6) .
Prior versions effective: 2014-12-03, 2004-07-01.