This section applies to TANF/SFA, RCA, PWA, ABD cash, and
food assistance programs.
(1) The
following types of income are not counted when a client's benefits are
computed:
(a) Up to two thousand dollars per
individual per calendar year received under the Alaska Native Claims Settlement
Act, P.L. 92-203 and 100-241;
(b)
Income received from Indian trust funds or lands held in trust by the Secretary
of the Interior for an Indian tribe or individual tribal member. Income
includes:
(i) Interest; and
(ii) Investment income accrued while such
funds are held in trust.
(c) Income received from Indian judgment
funds or funds held in trust by the Secretary of the Interior distributed per
capita under P.L. 93-134 as amended by P.L. 97-458 and 98-64. Income includes:
(i) Interest; and
(ii) Investment income accrued while such
funds are held in trust.
(d) Up to two thousand dollars per individual
per calendar year received from leases or other uses of individually owned
trust or restricted lands,
P.L. 103-66;
(e) Payments from an annuity fund established
by the Puyallup Tribe of Indians Settlement Act of 1989,
P.L.
101-41, made to a Puyallup Tribe member upon
reaching twenty-one years of age; and
(f) Payments from the trust fund established
by the
P.L.
101-41 made to a Puyallup Tribe member.
(2) Other Native American payments
and benefits that are excluded by federal law are not counted when determining
a client's benefits. Examples include but are not limited to:
(a) White Earth Reservation Land Settlement
Act of 1985, P.L. 99-264, Section 16;
(b) Payments made from submarginal land held
in trust for certain Indian tribes as designated by P.L. 94-114 and P.L.
94-540; and
(c) Payments under the
Seneca Nation Settlement Act,
P.L.
101-503.
Notes
Wash. Admin.
Code §
388-450-0040
Amended by
WSR
15-02-006, Filed 12/26/2014, effective
1/26/2015
Statutory Authority:
RCW
74.04.005,
74.04.050,
74.04.055,
74.04.057,
74.04.510,
74.08.090,
74.08A.100,
74.04.770,
74.04.0052,
74.04.655,
74.08.043,
74.08.335, and 2011 1st sp.s. c
36. 12-10-042, § 388-450-0040, filed 4/27/12, effective 6/1/12. Statutory
Authority:
RCW
74.08.090 and ARRA of 2009,
Public Law
111-5,
Section
5006 (b);
42 C.F.R.
435.601, EEOICPA of 2000, Public Law 106398,
Sec. 1, app., Title XXXVI (Oct. 30, 2000) (section 1 adopting as Appendix H.R.
5408), Section 3646 of the Appendix. 10-15-069, § 388-450-0040, filed
7/16/10, effective 8/16/10. Statutory Authority:
RCW
74.04.050,
74.04.055,
74.04.057 and
74.08.090. 98-16-044, §
388-450-0040, filed 7/31/98, effective 9/1/98. Formerly WAC
388-511-1140.
