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Chapter 2: Household Composition 3 67:15:01:46. Duplicate payments. Households may only be determined eligible for LIEAP assistance once during the program year. The department shall consider it a duplicate payment if a member of a household previously determined eligible for LIEAP assistance leaves that household and later applies for energy assistance either as a separate household or as part of another household.

The department shall consider it a duplicate payment if the household has received LIEAP assistance from another state or tribal entity during the current program year.

The provisions of this rule do not apply to children under the age of 19 if legal custody has changed from one parent to the other or if a joint custody arrangement requires that the child resides in both parents' separate households.

(F) Children or Adults in Protective Custody (Foster Care) or DSS Kinship Arrangement Households will have the choice to include children and/or adults currently in foster care or the protective custody of Child Protection Services or DSS kinship arrangement.

(G) Children in Subsidized Guardianship, Adoption, or Subsidized Adoption Children currently in a subsidized guardianship, adoption, or subsidized adoption ARE counted as household members.

(H) Household Members Separated for Work/School Purposes Household members separated for work/school purposes may be considered two separate households as long as each is able to demonstrate their financial responsibility for maintaining separate residences.

(I) Household Members Temporarily Out of the Household Household members temporarily out of the household at eligibility determination due to incarceration, physical or mental health care purposes, temporary military assignment, etc., are NOT counted as a household member. If there is some question about that individual’s residence status, verification should be requested from the applicant.

(J) Household Residing in an Institution Households residing in an institution are NOT eligible to receive LIEAP. The following is the definition of “Institution” from ARSD:

"Institution," a facility that provides living quarters and services for a particular individual or group of individuals, including group homes, nursing homes, higher education facilities, facilities administered by the Department of Human Services under SDCL 1-36A-1.3, facilities administered by the Department of Corrections under SDCL 1-15-1.4, the South Dakota state veterans' home administered by the Department of Military and Veterans Affairs under SDCL 33-18-1, community residential facilities, community habilitation facilities, residential treatment centers, special education units, residential school programs, and adjustment training centers;