If a recipient does not have a community spouse, as defined in SDCL 28-6-16, but the recipient's home is maintained for a dependent relative, a deduction from the recipient's income necessary to maintain a minimum income level for such a dependent is allowed based on family size. The deduction is determined by taking 100 percent of the need standard for independent living set in § 67:12:06:04.01.

The need standard for the family size, minus any other income the dependent relative may have, is then deducted from the recipient's income. When determining the amount of the dependent's income, §§ 67:46:04:01 to 67:46:04:09, inclusive, apply.

For purposes of this rule, a dependent relative is a son, daughter, granddaughter, grandson, stepson, stepdaughter, mother, father, stepmother, stepfather, half sister, half brother, niece, nephew, grandmother, grandfather, aunt, uncle, sister, brother, stepbrother, stepsister, first cousin, relatives of the preceding generation denoted by the prefixes of grand, great, or great-great; first cousin once removed; and great-great-great grandparent, and spouses of any of the relatives specified, even though the marriage is terminated by death or divorce, who is not currently receiving SSI.

Cross-References: In-kind shelter considered unearned income -- Dependent living arrangement, § 67:12:06:12; Institutionalized, aged, blind, or disabled individuals; determination of countable income, 42 C.F.R. § 435.733.

Source: 2 SDR 74, effective May 13, 1976; 4 SDR 10, effective August 28, 1977; 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; 9 SDR 133, effective April 27, 1983; 13 SDR 8, effective August 3, 1986; 15 SDR 2, effective July 17, 1988; 16 SDR 203, effective May 27, 1990; transferred from § 67:16:21:07, effective August 23, 1992; 20 SDR 92, effective December 21, 1993; 21 SDR 162, effective March 23, 1995; 41 SDR 93, effective December 3, 2014.

General Authority: SDCL 28-6-1.

Law Implemented: SDCL 28-6-1.

Prior versions effective: 1995-03-23.