The community spouse's monthly minimum maintenance allowance is one hundred fifty percent of the federal poverty income level, established in accordance with § 67:11:01:03, for two persons, divided by twelve.

The excess shelter allowance is determined by subtracting thirty percent of the minimum maintenance allowance from the community spouse's shelter costs. Shelter costs include rent or mortgage costs, trailer parking space fees, taxes and insurance on the premises, and condominium or cooperative maintenance charges for the couple's principal residence. Shelter costs also include the applicable supplemental nutrition assistance program utility allowance pursuant to § 67:13:01:02, 67:13:01:05, or 67:13:01:06.

Rent, mortgage, taxes, insurance, and condominium and cooperative maintenance charges paid less frequently than monthly are prorated.

The combined spousal allowances may not exceed four thousand sixty-six dollars and fifty cents, unless a greater allowance is provided for under a court order of support, or if, through the fair hearing process, it is determined that a greater need exists because of circumstances resulting in financial duress.

These allowances are not permissible if the institutionalized spouse does not make the income available to the community spouse.

Source: 16 SDR 203, effective May 27, 1990 and July 1, 1990; transferred from § 67:16:32:12, effective August 23, 1992; 19 SDR 141, effective March 25, 1993; 20 SDR 92, effective December 21, 1993; 20 SDR 170, effective April 21, 1994; 21 SDR 162, effective March 23, 1995; 31 SDR 107, effective February 1, 2005; 33 SDR 124, effective January 2, 2007; 34 SDR 271, effective April 17, 2007; 35 SDR 234, effective April 1, 2009; 41 SDR 7, effective July 29, 2014; 41 SDR 93, effective December 3, 2014; 41 SDR 218, effective June 30, 2015; 44 SDR 94, effective December 4, 2017; 47 SDR 24, effective September 10, 2020 ; 47 SDR 138, effective July 1, 2021; 48 SDR 131, effective July 4, 2022; 49 SDR 125, effective July 3, 2023; 51 SDR 3, effective June 30, 2024; 51 SDR 140, effective June 30, 2025; 52 SDR 125, effective July 1, 2026 .

General Authority: SDCL 28-6-1 , 28-6-18 .

Law Implemented: SDCL 28-6-1 (4)(6) , 28-6-1 7, 28-6-18 (6) .

Prior versions effective: 2025-06-30, 2024-06-30, 2023-07-03, 2022-07-04, 2021-07-01, 2020-09-10, 2017-12-04, 2015-06-30, 2014-07-29, 2009-04-01.