South Dakota Administrative Rules
Title 67 - Department of Social Services
Article 67:46 - Eligibility for medical services
Chapter 67:46:09 - Disabled children
Section 67:46:09:03 - Prerequisites for eligibility

A parent, legal guardian, or authorized representative must apply for supplemental security income (SSI) on behalf of the child and the social security administration must issue its notice of eligibility determination before the department determines a child's eligibility for assistance pursuant to this chapter.

The social security administration's disability determination is binding on eligibility or continued eligibility for services. If supplemental security income is denied because the social security administration determined that the child was not disabled, the child is not eligible for assistance.

If supplemental security income is denied because of parental income or resources, an application may be made under this chapter.

An individual must take advantage of all income and resources to which the individual is entitled, including social security, SSI, income and resources available under the terms of a trust, veterans' benefits, insurance policies, and contractual agreements. Failure or refusal by the individual to take the necessary action to take advantage of the income and resources makes the individual ineligible for benefits.

General Authority: SDCL 28-6-1.

Law Implemented: SDCL 28-6-1.