ARSD 67:12:05:36. Determining continuing eligibility

To determine continuing eligibility, the department shall apply total income, minus exclusions, against the applicable need standard in § 67:12:06:04.01 for a similar aid to families with dependent children (AFDC) household. If the income exceeds one hundred eighty-five percent of the standard, the assistance unit is no longer eligible for AFDC. If the assistance unit is eligible, the department must review the case to determine eligibility for the earned income exemption as specified in § 67:12:05:14. If a member of the assistance unit is eligible for the earned income exemption, the department must apply the member's gross income minus the standard earned income deduction, the earned income exemption, and the dependent care disregard against the applicable need standard. If income exceeds the need, the assistance unit is no longer eligible for AFDC. If a member of the assistance unit is not eligible for the earned income exemption, the department must apply the member's gross income minus the standard earned income deduction and the dependent care disregard against the applicable need standard. If income exceeds the need, the assistance unit is no longer eligible for AFDC.