Current through Register Vol. 24-18, September 15, 2024
(1)
The agency excludes the following types of income from being considered when
determining eligibility for Washington apple health (WAH) categorically needy
(CN) and medically needy (MN) SSI-related programs for American Indians or
Alaska Natives:
(a) Distributions from Alaska
Native corporations and settlement trusts;
(b)Distributions from any property held in
trust, subject to federal restrictions, located within the most recent
boundaries of a prior federal reservation, or otherwise under the supervision
of the Secretary of the Interior;
(c)Distributions and payments from rents,
leases, rights of way, royalties, usage rights, or natural resource extraction
and harvest from:
(i) Rights of ownership or
possession in any lands described in (b) of this subsection; or
(ii) Federally protected rights regarding
off-reservation hunting, fishing, gathering, or usage of natural
resources.
(d)Distributions resulting from real property
ownership interests related to natural resources and improvements that are:
(i) Located on or near a reservation or
within the most recent boundaries of a prior federal reservation; or
(ii) Resulting from the exercise of federally
protected rights relating to such real property ownership interests.
(e)Payments resulting from:
(i) Ownership interests in or usage rights to
items that have unique religious, spiritual, traditional, or cultural
significance; or
(ii) Rights that
support subsistence or a traditional lifestyle according to applicable tribal
law or custom.
(f)
Student financial assistance provided under the Bureau of Indian Affairs
education programs; and
(g)Any
other applicable income exclusion as provided by federal law, regulation, or
rule.
(2) The agency
excludes the following types of resources from being considered when
determining eligibility for WAH-CN and WAH-MN SSI-related programs for American
Indians or Alaska Natives:
(a)Property,
including real property and improvements, that is:
(i) Held in trust, subject to federal
restrictions, or otherwise under the supervision of the Secretary of the
Interior; and
(ii) Located on a
reservation, including any federally recognized Indian tribe's reservation,
pueblo, or colony, including:
(A)Former
reservations in Oklahoma;
(B)
Alaska Native regions established by the Alaska Native Claims Settlement Act;
and
(C)Indian allotments on or near
a reservation as designated and approved by the Bureau of Indian Affairs of the
Department of the Interior.
(b) Property located within the most recent
boundaries of a prior federal reservation for any federally recognized tribe
not described in (a) of this subsection;
(c) Ownership interests in rents, leases,
royalties, or usage rights related to natural resources (including, but not
limited to, extraction of natural resources or harvesting of timber, other
plants and plant products, animals, fish and shellfish) resulting from the
exercise of federally protected rights; and
(d) Ownership interests in or usage rights to
items not covered in (a), (b), or (c) of this subsection that have unique
religious, spiritual, traditional, or cultural significance or rights that
support subsistence or a traditional lifestyle according to applicable tribal
law or custom.
(3) When
determining eligibility for WAH-CN and WAH-MN SSI-related programs for American
Indians or Alaska Natives, the agency counts or excludes amounts received by
tribal members from exercise of gaming revenues (per capita distributions) that
are retained after the month of receipt based on the type of resource in which
the money is retained. If the amounts are retained in a countable resource (for
example, cash, checking account, or savings account), the agency treats the
amounts as a countable resource. If the amounts are converted to an excluded
resource (for example, personal property like a refrigerator), the agency
treats the amounts as excluded resources.
