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individual interests in Indian Trust or restricted lands is no longer
applicable since all such payments are considered a converted asset.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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