South Dakota Administrative Rules
Title 67 - Department of Social Services
Article 67:46 - Eligibility for medical services
Chapter 67:46:06 - Budgeting for long-term care
Section 67:46:06:07 - Deduction for dependents - No community spouse

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.

General Authority: SDCL 28-6-1.

Law Implemented: SDCL 28-6-1.

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.