Page 338

338 (07/2026) Chapter 2:Eligibility • Section 5: Financial eligibility Public law Description 1. Exclude all payments 2. Exclude first $2,000 of each payment 3. Exclude first $2,000 per year 4. Count all payments n/a Tribal TANF REF TANF ERDC SNAP TA-DVS OSIPM MSP ($20 monthly general income exclusion does not apply) n/a All other American Indian or Alaska Native benefit payments distributed by the tribe and not excluded by public law are counted as unearned income. This includes the following: a. Profit share or per capita income from tribal casinos b. Income derived from land not held in trust by the secretary of the interior such as timber sales or sale of oil reserves. ERDC, REF, TA-DVS, TANF SNAP, OSPIM, MSP For all programs except HSD, OSIPM and MSP, Tribal benefits treated as excluded income remain excluded as an asset while it is kept in a separate account and not commingled. If commingled, it is excluded for six months. For OSIPM, excludable funds must be identifiable in order to be excluded. Identifiable does not require that excluded funds be kept physically apart from other funds. See OAR 461-140-0070 – Treatment of Excluded Assets and OAR 414-175-0035 — Specific Financial Requirements American Indian or Alaska Native benefit payments counted as income cannot be treated as a resource in the same month but any remaining during subsequent months may be counted as a resource, depending on the source (OARs 461-140-0010, 461-145-0259, 461-145-0260, 414-175-0035).Indian lands held jointly with the tribe or land that may not be sold without the approval of the Bureau of Indian Affairs (BIA) are excluded resources. For Alaska Native Claims Settlement Act Distributions (P.L. 100-241):