475-000-303
I. Indian per capita payments up to $2,000 per person are excluded both as income and as a resource in determining eligibility for the Food Stamp Program.
Clarification: Purchases of $2,000 or less made solely with funds distributed after December 31, 1981, but through January 12, 1983, are totally excluded from resources for food stamp purposes. Purchases made with funds distributed after January 12, 1983, are to be included in the resource determination. The value of property partially paid for with exempt funds is excluded to the extent that exempt funds were used to make the purchase. Since more than one per capita payment may have been used in the purchase, the excluded amount may be more than $2,000. If the property has depreciated in value, the current amount to be excluded must be determined by calculating the percent of the original purchase price which was paid with excluded funds.
The exclusion for purchases applies to initial purchases only. Exempt property is excluded only as long as it is held by the person who originally purchased the property with the per capita payment. Similarly, the $2,000 exemption for each payment applies only to the original recipient. If the money is given to or inherited by another person, the exemption does not apply.
II. Gambling Operation Payments: Gambling operation payments are considered unearned income to food stamp households.
When an adult family member receives a gambling operation payment, the amount received is counted as income and prorated in the food stamp budget over the period the payment is intended to cover.
Example: If it has been 12 months since the last payment, the income would be prorated over the next 12 months beginning with the payment month.
Children age 17 or younger will not receive a payment. The monies are held in trust for them until their 18th birthday. Monies placed in trust accounts for children are not counted as either income or a resource as the monies are not accessible to them.
(Rev. December 1, 1995)