Mississippi Administrative Code
Title 23 - Division of Medicaid
Part 104 - Income
Chapter 8 - Other Unearned Income Exclusions
Rule 23-104-8.11 - Individual Interest in Indian Trust or Restricted Lands Exclusion

Universal Citation: MS Code of Rules 23-104-8.11

Current through September 24, 2024

A. These payments are defined as follows:

1. Includes certain Tribal per capita payments and other types of Tribal income distributed or held in trust by the Secretary of the Interior and monies received from the lease or sale of natural resources, and rent or lease income resulting from federally-protected rights on excluded Indian property.

B. These payments are treated as follows:

1. All such payments are considered a converted asset rather than income.

2. The $2000 annual income exclusion allowed for eligibles and deemors since January 1, 1994, on monies derived from individual interests in Indian Trust or restricted lands is no longer applicable since all such payments are considered a converted asset.

3. Gaming revenues which are distributed to individuals on a per capita basis are not included in this exclusion. Gaming revenues are countable income.

Social Security Act §1902 (r)(2); 42 CFR §435.601(b) (Rev 1994); American Recovery and Reinvestment Act of 2009 §5009.

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