Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 1 - DEPARTMENT OF AGING AND DISABILITY SERVICES › Chapter 48 - COMMUNITY CARE FOR AGED AND DISABLED › Subchapter H - ELIGIBILITY › Section 48.2908 - Indian-Related Exemptions

Current through Reg. 49, No. 28; July 12, 2024
(a) Type of
				  payment. The following statutes provide that certain types of payments made to
				  members of Indian tribes are exempt from income and resources as specified in
				  paragraphs (1)-(4) of this subsection, or only from income as specified in
				  paragraph (5) of this subsection.
(1) Indian
				  Judgment Funds Distribution Act-- Public Law 93-134. Effective October 19,
				  1973, per capita distribution payments to members of Indian tribes who are due
				  judgment funds, according to a plan of the Secretary of the Interior (or
				  legislation, when a plan cannot be prepared or is not approved by the Congress)
				  are exempted from income and resources. This does not include payments of funds
				  distributed or held in trust (i.e., in the possession or care of a trustee)
				  according to public laws enacted before October 19, 1973.
(2) Distribution of Indian Judgment Funds--
				  Public Law 97-458. Effective January 12, 1983, Indian judgment funds held in
				  trust (i.e., in the possession or care of a trustee) or distributed per capita,
				  pursuant to an approved plan, or their availability, are exempted from income
				  and resources. Indian judgment funds include interest and investment income
				  accrued while the funds are held in trust. Initial purchases made with
				  distributed judgment funds are exempted from resources.
(3) Per Capita Act-- Public Law 98-64.
(A) Effective August 2, 1983, per capita
				  distributions of all funds held in trust by the Secretary of the Interior to
				  members of an Indian tribe are exempted from income and resources.
(B) Any local tribal funds that a tribe
				  distributes to individuals on a per capita basis, but which have not been held
				  in trust by the Secretary of the Interior (e.g., tribally managed gaming
				  revenues) are not exempted from income and resources under this
				  provision.
(4) Alaska
				  Native Claims Settlement Act (ANCSA)-- Public Law 100-241.
(A) Effective February 3, 1988, the following
				  items received from a native corporation are exempted from income and
				  resources:
(i) cash received from a native
				  corporation (including cash dividends on stock received from a native
				  corporation) to the extent it does not exceed $2,000, per individual per
				  year;
(ii) stock (including stock
				  issued or distributed by a native corporation as a dividend or distribution on
				  stock);
(iii) a partnership
				  interest;
(iv) land or an interest
				  in land (including land or an interest in land received from a native
				  corporation as a dividend or distribution on stock); and
(v) an interest in a settlement
				  trust.
(B) The ANCSA
				  also provides that up to $2,000 in retained distributions from a native
				  corporation may be exempted from resources for each year beginning with
				  1988.
(5) Payments from
				  Individual Interests in Trust or Restricted Lands--
				  Public Law
				  103-66.
(A)
				  Effective January 1, 1994, up to $2,000 per year received by Indians that is
				  derived from individual interests in trust or restricted lands is exempted from
				  income.
(B) Interests of individual
				  Indians in trust or restricted lands are exempted from resources.