ARSD 67:10:07:04. Mismanagement for nonpayment of bills -- Extenuating circumstances

When making a determination of mismanagement because of the nonpayment of bills, the department considers the existence of extenuating circumstances, including the following: (1) Whether the assistance unit experienced some emergency or extraordinary event for which available funds were spent appropriately; (2) Whether expenses for necessary bills of the assistance unit exceeded the assistance unit's grant and other income; and (3) Whether the caretaker relative withheld the payment as a legitimate exercise of consumer rights, for example, a dispute concerning the terms of an agreement.