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Page | 176 8. Any Income Tax Refunds, Earned Income Tax, and Child Care Tax Credit are excluded as income and as a resource in the month of receipt and 12 months following receipt of the refund. If an individual is over resources the Benefits Specialist must ask the individual if he/she received an income tax return within the last 12 months, if yes, then the amount of the refund is subtracted off of his/her total resources, and the adjusted amount would be the countable resources. 9. Exclude payments paid as a result of an emergency or major disaster as defined in the Disaster Relief Act of 1974 (PL 93-288, PL 100-707) or the Disaster Relief & Emergency Assistance Amendments of 1988. A major disaster is any natural catastrophe or regardless of fault, any fire, flood, or explosion which the President determines causes damage of sufficient severity and magnitude to warrant major disaster assistance. An emergency is an occasion or instance for which the President determines that federal assistance is needed to save lives and protect property and public health and safety. 10. Payments made under the Radiation Exposure Compensation Act are excluded from the resource determination. (PL 101-426) 11. Exclude from resources any compensation made under the Crime Act of 1984 to crime victims (PL 103-322). This includes any payment made to crime victims under South Dakota’s Victim’s Compensation Program. 12. Exclude from resources any payment made to individuals because of their status as victims of Nazi persecution (PL 103-322). 13. Exclude from resources any value of assistance to children from the School Lunch Program, Summer Food Service Program for Children, Commodity Distribution Program, and the Child and Adult Care Food Program (PL 7-3096 of the National School Lunch Act). Note: the exclusion is only for assistance provided to children, rather than that paid to providers. 14. Exclude from resources any payments made to children of Vietnam veterans who are born with spina bifida October 1, 1997 and forward (PL 104-204). 15. Individual Development Accounts (IDAs) are excluded from resources. An IDA is a restricted savings account that is used for a specific purpose (education, business start-up, home ownership, etc.) in which money contributed by the household is matched by private or public funds. (PL 104-193; PL 106-554) 16. Settlement payments made under the Ricky Ray Hemophilia Relief Fund Act are excluded. (PL 105-369) 17. Indian per capita payments of $2,000 or less for each household member per payment. Purchases of $2,000 or less made solely with funds distributed after December 31, 1981 but prior to January 12, 1983 are totally excluded from resources. Purchases made after January 12, 1983 count in their entirety. (PL 93- 134, PL 97-458 and PL 98-64.) These payments come from funds distributed as a result of judgment awards from breaches of treaty provisions and funds held in trust by the Secretary of the Interior from the sale or lease of oil, gas, and other tribal trust assets. Payments made to tribal members from the profits of tribal casino operations are counted as unearned income whether they are recurring or a one-time payment. 18. Payments received under the Alaska Native Claims Settlement Act or the Sac and Fox Indian claims agreement (PL 92-203, 100-241) 19. Payments received by certain Indian tribal members under Public Law 94-114, Section 6, regarding sub marginal land held in trust by the United States. 20. Payments received from disposition of funds of the Grand River Band of Ottawa Indians (Public Law 94-540).