Payment for assistive daily living services is based on the difference between the consumer's income, minus allowable deductions, and the consumer's monthly care costs.

1. (1) Apply the provisions of chapter 67:46:06, with the exception of § 67:46:06:05;
2. (2) If the consumer is married, apply the provisions of chapter 67:46:07, with the exception of subdivision 67:46:07:10(1);
3. (3) Allow a deduction equal to the SSI standard benefit amount plus $20 for the consumer's personal needs; and

4. (4) If the consumer is employed, allow a deduction of $400 from gross wages for work expenses.

   The Department of Social Services shall pay its share of the costs directly to the provider agency. The consumer is responsible for paying the consumer's share directly to the provider agency.

If the consumer meets the requirements of subdivision 67:54:04:03(1), none of the consumer's income is credited to the monthly care costs.

If the consumer meets the requirements of subdivision 67:54:04:03(2), the department applies the following criteria to determine the amount of assistance a consumer is eligible to receive from the department to meet the consumer's monthly care costs:

Source: 21 SDR 230, effective July 13, 1995; 26 SDR 99, effective January 30, 2000.

General Authority: SDCL 28-6-1.

Law Implemented: SDCL 28-6-1.