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25 C.F.R. §§ 20.307–20.310

4 sections in range

§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.