25 C.F.R. §§ 20.300–20.323

§20.300. Who qualifies for Direct Assistance under this subpart?

25 C.F.R. § 20.300

To be eligible for assistance or services under this part, an applicant must meet all of the following criteria:

(a)

Meet the definition of Indian as defined in this part;

(b)

Not have sufficient resources to meet the essential need items defined by the Bureau standard of assistance for those Bureau programs providing financial payment;

(c)

Reside in the service area as defined in § 20.100; and

(d)

Meet the additional eligibility criteria for each of the specific programs of financial assistance or social services in §§ 20.301 through 20.516.

Notes, amendments, and revision history

Amendments

[65 FR 63159, Oct. 20, 2000, as amended at 66 FR 15030, Mar. 15, 2001]

Authority

Authority: 25 U.S.C. 13; Pub. L. 93-638; Pub. L. 98-473; Pub. L. 102-477; Pub. L. 104-193; Pub. L. 105-83.

Source

Source: 65 FR 63159, Oct. 20, 2000, unless otherwise noted.

Amendments

[65 FR 63159, Oct. 20, 2000, as amended at 66 FR 15030, Mar. 15, 2001]

§20.301. What is the goal of General Assistance?

25 C.F.R. § 20.301

The goal of the General Assistance program is to increase self-sufficiency. Each General Assistance recipient must work with the social services worker to develop and sign an Individual Self-Sufficiency Plan (ISP). The plan must outline the specific steps the individual will take to increase independence by meeting the goal of employment.

Notes, amendments, and revision history

Authority

Authority: 25 U.S.C. 13; Pub. L. 93-638; Pub. L. 98-473; Pub. L. 102-477; Pub. L. 104-193; Pub. L. 105-83.

Source

Source: 65 FR 63159, Oct. 20, 2000, unless otherwise noted.

§20.302. Are Indian applicants required to seek assistance through Temporary Assistance for Needy Families?

25 C.F.R. § 20.302

Yes, all Indian applicants with dependent children are required to apply for Temporary Assistance for Needy Families (TANF) and follow TANF regulations.

Notes, amendments, and revision history

Authority

Authority: 25 U.S.C. 13; Pub. L. 93-638; Pub. L. 98-473; Pub. L. 102-477; Pub. L. 104-193; Pub. L. 105-83.

Source

Source: 65 FR 63159, Oct. 20, 2000, unless otherwise noted.

§20.303. When is an applicant eligible for General Assistance?

25 C.F.R. § 20.303

To be eligible for General Assistance an applicant must:

(a)

Meet the criteria contained in § 20.300;

(b)

Apply concurrently for financial assistance from other state, tribal, county, local, or other federal agency programs for which he/she is eligible;

(c)

Not receive any comparable public assistance; and

(d)

Develop and sign an employment strategy in the ISP with the assistance of the social services worker to meet the goal of employment through specific action steps including job readiness and job search activities.

Notes, amendments, and revision history

Authority

Authority: 25 U.S.C. 13; Pub. L. 93-638; Pub. L. 98-473; Pub. L. 102-477; Pub. L. 104-193; Pub. L. 105-83.

Source

Source: 65 FR 63159, Oct. 20, 2000, unless otherwise noted.

§20.304. When will the Bureau review eligibility for General Assistance?

25 C.F.R. § 20.304

The Bureau will review eligibility for General Assistance:

(a)

Every 3 months for individuals who are not exempt from seeking or accepting employment in accordance with § 20.315 or the ISP;

(b)

Every 6 months for all recipients; and

(c)

Whenever there is a change in status that can affect a recipient's eligibility or amount of assistance. Recipients must immediately inform the social services office of any such changes.

Notes, amendments, and revision history

Authority

Authority: 25 U.S.C. 13; Pub. L. 93-638; Pub. L. 98-473; Pub. L. 102-477; Pub. L. 104-193; Pub. L. 105-83.

Source

Source: 65 FR 63159, Oct. 20, 2000, unless otherwise noted.

§20.305. What is redetermination?

25 C.F.R. § 20.305

Redetermination is an evaluation by a social services worker to assess the need for continued financial assistance as outlined in § 20.304. It includes:

(a)

A home visit;

(b)

An estimate of income, living circumstances, household composition for the month(s) for which financial assistance is to be provided; and

(c)

Appropriate revisions to the case plan and the ISP.

Notes, amendments, and revision history

Authority

Authority: 25 U.S.C. 13; Pub. L. 93-638; Pub. L. 98-473; Pub. L. 102-477; Pub. L. 104-193; Pub. L. 105-83.

Source

Source: 65 FR 63159, Oct. 20, 2000, unless otherwise noted.

§20.306. What is the payment standard for General Assistance?

25 C.F.R. § 20.306

(a)

Under Public Law 104-193, the Bureau must use the same TANF payment standard (and any associated rateable reduction) that exists in the state or service area where the applicant or recipient resides. This payment standard is the amount from which the Bureau subtracts net income and resources to determine General Assistance eligibility and payment levels;

(b)

If the state does not have a standard for an adult, we will use either the difference between the standard for a child and the standard for a household of two, or one-half of the standard for a household of two, whichever is greater; and

(c)

If the state does not have a TANF program, we will use the AFDC payment standard which was in effect on September 30, 1995, in the State where the applicant or recipient resides.

Notes, amendments, and revision history

Authority

Authority: 25 U.S.C. 13; Pub. L. 93-638; Pub. L. 98-473; Pub. L. 102-477; Pub. L. 104-193; Pub. L. 105-83.

Source

Source: 65 FR 63159, Oct. 20, 2000, unless otherwise noted.

§20.307. What resources does the Bureau consider when determining need?

25 C.F.R. § 20.307

When the Bureau determines General Assistance eligibility and payment levels, we consider income and other resources as specified in §§ 20.308 and 20.309.

(a)

All income, earned or unearned, must be calculated in the month it is received and as a resource thereafter, except that certain income obtained from the sale of real or personal property may be exempt as provided in § 20.309.

(b)

Resources are considered to be available when they are converted to cash.

Notes, amendments, and revision history

Authority

Authority: 25 U.S.C. 13; Pub. L. 93-638; Pub. L. 98-473; Pub. L. 102-477; Pub. L. 104-193; Pub. L. 105-83.

Source

Source: 65 FR 63159, Oct. 20, 2000, unless otherwise noted.

§20.308. What does earned income include?

25 C.F.R. § 20.308

Earned income is cash or any in-kind payment earned in the form of wages, salary, commissions, or profit, from activities by an employee or self-employed individual. Earned income includes:

(a)

Any one-time payment to an individual for activities which were sustained over a period of time (for example, the sale of farm crops, livestock, or professional artists producing art work); and

(b)

With regard to self-employment, total profit from a business enterprise (i.e., gross receipts less expenses incurred in producing the goods or services). Business expenses do not include depreciation, personal business and entertainment expenses, personal transportation, capital equipment purchases, or principal payments on loans for capital assets or durable goods.

Notes, amendments, and revision history

Authority

Authority: 25 U.S.C. 13; Pub. L. 93-638; Pub. L. 98-473; Pub. L. 102-477; Pub. L. 104-193; Pub. L. 105-83.

Source

Source: 65 FR 63159, Oct. 20, 2000, unless otherwise noted.

§20.309. What does unearned income include?

25 C.F.R. § 20.309

Unearned income includes, but is not limited to:

(a)

Income from interest; oil and gas and other mineral royalties; gaming income per capita distributions; rental property; cash contributions, such as child support and alimony, gaming winnings; retirement benefits;

(b)

Annuities, veteran's disability, unemployment benefits, and federal and state tax refunds;

(c)

Per capita payments not excluded by federal statute;

(d)

Income from sale of trust land and real or personal property that is set aside for reinvestment in trust land or a primary residence, but has not been reinvested in trust land or a primary residence at the end of one year from the date the income was received;

(e)

In-kind contributions providing shelter at no cost to the individual or household, this must equal the amount for shelter included in the state standard, or 25 percent of the state standard, whichever is less; and

(f)

Financial assistance provided by a state, tribal, county, local, or other federal agency.

Notes, amendments, and revision history

Authority

Authority: 25 U.S.C. 13; Pub. L. 93-638; Pub. L. 98-473; Pub. L. 102-477; Pub. L. 104-193; Pub. L. 105-83.

Source

Source: 65 FR 63159, Oct. 20, 2000, unless otherwise noted.

§20.310. What recurring income must be prorated?

25 C.F.R. § 20.310

The social services worker will prorate the following recurring income:

(a)

Recurring income received by individuals over a 12-month period for less than a full year's employment (for example, income earned by teachers who are not employed for a full year);

(b)

Income received by individuals employed on a contractual basis over the term of a contract; and

(c)

Intermittent income received quarterly, semiannually, or yearly over the period covered by the income.

Notes, amendments, and revision history

Authority

Authority: 25 U.S.C. 13; Pub. L. 93-638; Pub. L. 98-473; Pub. L. 102-477; Pub. L. 104-193; Pub. L. 105-83.

Source

Source: 65 FR 63159, Oct. 20, 2000, unless otherwise noted.

§20.311. What amounts will the Bureau deduct from earned income?

25 C.F.R. § 20.311

(a)

The social services worker will deduct the following amounts from earned income:

(1)

Other federal, state, and local taxes;

(2)

Social Security (FICA);

(3)

Health insurance;

(4)

Work related expenses, including reasonable transportation costs;

(5)

Child care costs for children under the age of 6 except where the other parent in the home is unemployed and physically able to care for the children; and

(6)

The cost of special clothing, tools, and equipment directly related to the individual's employment.

(b)

For self-employed individuals, the social services worker will deduct the costs of conducting business and all of the amounts in paragraph (a) of this section.

Notes, amendments, and revision history

Authority

Authority: 25 U.S.C. 13; Pub. L. 93-638; Pub. L. 98-473; Pub. L. 102-477; Pub. L. 104-193; Pub. L. 105-83.

Source

Source: 65 FR 63159, Oct. 20, 2000, unless otherwise noted.

§20.312. What amounts will the Bureau deduct from income or other resources?

25 C.F.R. § 20.312

The social services worker will deduct the following amounts from income, or other resources:

(a)

The first $2,000 of liquid resources annually available to the household;

(b)

Any home produce from a garden, livestock, and poultry used by the applicant or recipient and his/her household for their consumption; and

(c)

Resources specifically excluded by federal statute.

Notes, amendments, and revision history

Authority

Authority: 25 U.S.C. 13; Pub. L. 93-638; Pub. L. 98-473; Pub. L. 102-477; Pub. L. 104-193; Pub. L. 105-83.

Source

Source: 65 FR 63159, Oct. 20, 2000, unless otherwise noted.

§20.313. How will the Bureau compute financial assistance payments?

25 C.F.R. § 20.313

(a)

The social services worker will compute financial assistance payments by beginning with the Bureau standard of assistance and doing the following:

(1)

Subtracting from all resources calculated under §§ 20.307 through 20.310;

(2)

Subtracting the rateable reduction or maximum payment level used by the state where the applicant lives;

(3)

Subtracting an amount for shelter (see paragraph (b) of this section for details on how to calculate a shelter amount); and

(4)

Rounding the result down to the next lowest dollar.

(b)

The social services worker must calculate a shelter amount for purposes of paragraph (a)(3) of this section. To calculate the shelter amount:

(1)

The shelter amount must not exceed the amount for shelter in the state TANF standard;

(2)

If the state TANF does not specify an amount for shelter, the social services worker must calculate the amount as 25 percent of the total state TANF payment; and

(3)

If there is more than one household in a dwelling, the social services worker must prorate the actual shelter cost among the households receiving General Assistance; this amount cannot exceed the amount in the standard for individuals in similar circumstances. The head of each household is responsible for his/her portion of the documented shelter cost.

(c)

The social services worker must not provide General Assistance payments for any period before the date of the application for assistance.

Notes, amendments, and revision history

Authority

Authority: 25 U.S.C. 13; Pub. L. 93-638; Pub. L. 98-473; Pub. L. 102-477; Pub. L. 104-193; Pub. L. 105-83.

Source

Source: 65 FR 63159, Oct. 20, 2000, unless otherwise noted.

§20.314. What is the policy on employment?

25 C.F.R. § 20.314

(a)

An applicant or recipient must—

(1)

Actively seek employment, including the use of available state, tribal, county, local or Bureau-funded employment services;

(2)

Make satisfactory progress in an ISP; and

(3)

Accept local and seasonable employment when it is available.

(b)

A head of household who does not comply with this section will not be eligible for General Assistance for a period of at least 60 days but not more than 90 days. This action must be documented in the case file.

(c)

The policy in this section does not apply to any person meeting the criteria in § 20.315.

Notes, amendments, and revision history

Authority

Authority: 25 U.S.C. 13; Pub. L. 93-638; Pub. L. 98-473; Pub. L. 102-477; Pub. L. 104-193; Pub. L. 105-83.

Source

Source: 65 FR 63159, Oct. 20, 2000, unless otherwise noted.

§20.315. Who is not covered by the employment policy?

25 C.F.R. § 20.315

The employment policy in § 20.314 does not apply to the persons shown in the following table.

Notes, amendments, and revision history

Authority

Authority: 25 U.S.C. 13; Pub. L. 93-638; Pub. L. 98-473; Pub. L. 102-477; Pub. L. 104-193; Pub. L. 105-83.

Source

Source: 65 FR 63159, Oct. 20, 2000, unless otherwise noted.

§20.316. What must a person covered by the employment policy do?

25 C.F.R. § 20.316

(a)

If you are covered by the employment policy in § 20.314, you must seek employment and provide evidence of your monthly efforts to obtain employment in accordance with your ISP.

(b)

If you do not seek and accept available local and seasonal employment, or you quit a job without good cause, you cannot receive General Assistance for a period of at least 60 days but not more than 90 days after you refuse or quit a job.

Notes, amendments, and revision history

Authority

Authority: 25 U.S.C. 13; Pub. L. 93-638; Pub. L. 98-473; Pub. L. 102-477; Pub. L. 104-193; Pub. L. 105-83.

Source

Source: 65 FR 63159, Oct. 20, 2000, unless otherwise noted.

§20.317. How will the ineligibility period be implemented?

25 C.F.R. § 20.317

(a)

If you refuse or quit a job, your ineligibility period will continue as provided in § 20.316(b) until you seek and accept appropriate available local and seasonal employment and fulfill your obligations already agreed to in the ISP;

(b)

The Bureau will reduce your suspension period by 30 days when you show that you have sought local and seasonal employment in accordance with the ISP; and

(c)

Your eligibility suspension will affect only you. The Bureau will not apply it to other eligible members of the household.

Notes, amendments, and revision history

Authority

Authority: 25 U.S.C. 13; Pub. L. 93-638; Pub. L. 98-473; Pub. L. 102-477; Pub. L. 104-193; Pub. L. 105-83.

Source

Source: 65 FR 63159, Oct. 20, 2000, unless otherwise noted.

§20.318. What case management responsibilities does the social services worker have?

25 C.F.R. § 20.318

In working with each recipient, you, the social services worker must:

(a)

Assess the general employability of the recipient;

(b)

Assist the recipient in the development of the ISP;

(c)

Sign the ISP;

(d)

Help the recipient identify the service(s) needed to meet the goals identified in their ISP;

(e)

Monitor recipient participation in work related training and other employment assistance programs; and

(f)

Document activities in the case file.

Notes, amendments, and revision history

Authority

Authority: 25 U.S.C. 13; Pub. L. 93-638; Pub. L. 98-473; Pub. L. 102-477; Pub. L. 104-193; Pub. L. 105-83.

Source

Source: 65 FR 63159, Oct. 20, 2000, unless otherwise noted.

§20.319. What responsibilities does the general assistance recipient have?

25 C.F.R. § 20.319

In working with the social services worker, you, the recipient, must:

(a)

Participate with the social services worker in developing an ISP and sign the ISP;

(b)

Perform successfully in the work related activities, community service, training and/or other employment assistance programs developed in the ISP;

(c)

Participate successfully in treatment and counseling services identified in the ISP;

(d)

Participate in evaluations of job readiness and/or any other testing required for employment purposes; and

(e)

Demonstrate that you are actively seeking employment by providing the social services worker with evidence of job search activities as required in the ISP.

Notes, amendments, and revision history

Authority

Authority: 25 U.S.C. 13; Pub. L. 93-638; Pub. L. 98-473; Pub. L. 102-477; Pub. L. 104-193; Pub. L. 105-83.

Source

Source: 65 FR 63159, Oct. 20, 2000, unless otherwise noted.

§20.320. What is TWEP?

25 C.F.R. § 20.320

TWEP is a program that provides work experience and job skills to enhance potential job placement for the general assistance recipient. TWEP programs can be incorporated within Public Law 93-638 self-determination contracts, Public Law 102-477 grants, and Public Law 103-413 self-governance annual funding agreements at the request of the tribe.

Notes, amendments, and revision history

Authority

Authority: 25 U.S.C. 13; Pub. L. 93-638; Pub. L. 98-473; Pub. L. 102-477; Pub. L. 104-193; Pub. L. 105-83.

Source

Source: 65 FR 63159, Oct. 20, 2000, unless otherwise noted.

§20.321. Does TWEP allow an incentive payment?

25 C.F.R. § 20.321

Yes, incentive payments to participants are allowed under TWEP.

(a)

Incentive payments are separate. The Bureau will not consider incentive payments as wages or work related expenses, but as grant assistance payments under §§ 20.320 through 20.323.

(b)

The approved payment will not exceed the Bureau maximum TWEP payment standard established by the Assistant Secretary.

Notes, amendments, and revision history

Authority

Authority: 25 U.S.C. 13; Pub. L. 93-638; Pub. L. 98-473; Pub. L. 102-477; Pub. L. 104-193; Pub. L. 105-83.

Source

Source: 65 FR 63159, Oct. 20, 2000, unless otherwise noted.

§20.322. Who can receive a TWEP incentive payment?

25 C.F.R. § 20.322

(a)

The head of the family unit normally receives the TWEP assistance payment.

(b)

The social services worker can designate a spouse or other adult in the assistance group to receive the TWEP assistance payment. The social services worker will do this only if:

(1)

The recognized head of the family unit is certified as unemployable; and

(2)

The designation is consistent with the ISP.

(c)

Where there are multiple family units in one household, one member of each family unit will be eligible to receive the TWEP incentive payment.

Notes, amendments, and revision history

Authority

Authority: 25 U.S.C. 13; Pub. L. 93-638; Pub. L. 98-473; Pub. L. 102-477; Pub. L. 104-193; Pub. L. 105-83.

Source

Source: 65 FR 63159, Oct. 20, 2000, unless otherwise noted.

§20.323. Will the local TWEP be required to have written program procedures?

25 C.F.R. § 20.323

Yes, the local TWEP must have specific written program procedures that cover hours of work, acceptable reasons for granting leave from work, evaluation criteria and monitoring plans and ISP's for participants. Work readiness progress must be documented in each ISP.

Notes, amendments, and revision history

Authority

Authority: 25 U.S.C. 13; Pub. L. 93-638; Pub. L. 98-473; Pub. L. 102-477; Pub. L. 104-193; Pub. L. 105-83.

Source

Source: 65 FR 63159, Oct. 20, 2000, unless otherwise noted.