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Low Income Home Energy Assistance Program Division 10 Service 415 Program 415 Chapters 05 - 65 North Dakota Department of Health and Human Services

Tribal Payments and IIM Accounts 415-25-05-22 (New 10/1/16 ML #3478)

Following is policy regarding the treatment of income distributed to tribal members. These distributions are generally made directly to tribal members or put into an Individual Indian Monies (IIM) Account.

Countable Unearned Income 1. Tribal Distributions from tribal gaming or tribal enterprises distributed to enrolled tribal members (residing on or off a reservation).

Payments made to enrolled tribal members from the proceeds of gaming or gambling businesses are not per capita payments; therefore the income must be counted.

These payments are prorated over the period of time intended to cover with the exception of those noted. These payments include but are not limited to: • Spirit Lake Social Impact Payments • Sisseton-Wahpeton Oyate of the Lake Traverse Reservation Quarterly Casino Cash • Three Affiliated Tribal Elderly Payments • Three Affiliated Tribe's People's Fund Distributions • General distributions from tribal revenue 2. Amounts in excess of $2,000 per year per person of monies derived from leases or other uses of individually owned trust or restricted lands are countable unearned income.

25 USC 1408

Excluded Income 1. Indian per capita payments distributed from judgment awards and trust funds.