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Tribal members may refuse to accept the per capita payment by signing a waiver.

a. Verify the tribal member’s refusal to receive the payment by obtaining a copy of the waiver.

b. If the tribal member signs the waiver before distribution of the payment, do not count the per capita payment.

c. For LTC budgeting, if an applicant/beneficiary refuses a per capita payment, consider as a transfer of assets.

CC. Indemnity Policy Payments

Indemnity policies are insurance policies that pay a flat rate benefit without regard to the actual charges or expenses incurred. These payments are not restricted to the payment of a medical service and can be used as the a/b decides. Request verification from the a/b and if questionable, contact the insurance carrier to determine the amount received. These payments are budgeted as unearned income in the month of receipt regardless of how used.

DD. Long-term Care Insurance

If the insurance company makes payments, directly to the individual, count payments as unearned income. If the insurance company makes payment directly to the nursing facility, it is considered a third-party payment. Refer to MA-2400, Third Party Recovery.

Copies of checks or a statement from the insurance company are acceptable forms of verification.

EE. Gambling Winnings, Lottery Winnings and Other Prizes

1. Definition

Gambling winnings, lottery winnings and prizes are generally things won in a game of chance, lottery or contest. Count these winnings as unearned income. Do not subtract gambling losses from gambling winnings in determining an individual’s countable income. If an individual has a choice between an in- kind item and cash, count the cash offered as unearned income. This is true even if the individual chooses the in-kind item and regardless of the value of the in-kind item.

2. Verification