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Page | 248 13221 INDIVIDUALS UNDER AGE 18 OR OVER AGE 64 (ABAWD)

Individuals under age 18 or over age 64 (age 65 exempt) are exempt from ABAWD time limit restrictions. A. Individuals turning 18: The ABAWD time limit starts the month following the month the individual turned 18 unless the individual is otherwise exempt.

B. Individuals turning 65: The ABAWD time limit stops the month the individual turns 65.

13222 NATIVE AMERICAN EXEMPTION

Individuals who are Native American who live anywhere in the state are exempt from ABAWD time limits. Federal Regulations define Native American as “Indians” or “Indian” and defines the exemptions as one of the following:

A. The term Indians or Indian, unless otherwise designated, means any person who is a member of an Indian tribe, as defined in subsection (d) (paragraphs (13) of section 4 of the Indian Health Care Improvement Act), such terms shall mean any individuals who 1. irrespective of whether he or she lives on or near a reservation, is a member of a tribe, band, or other organized group of Indians, including those tribes, bands, or groups terminated since 1940 and those recognized now or in the future by the State in which they reside, or who is a descendant, in the first or second degree of any such member, or 2. is an Eskimo or Aleut or other Alaska native, or 3. is considered by the Secretary of the Interior to be an Indian for any purpose, 4. is determined to be an Indian under regulations promulgated by the Secretary of Health and Human Services.

B. California Indian: Per U.S.C. 1679(a) ELIGIBILITY OF CALIFORNIA INDIANS. (a) IN GENERAL.—The following California Indians shall be eligible for health services provided by the Service: 1. Any member of a federally recognized Indian tribe. 2. Any descendant of an Indian who was residing in California on June 1, 1852, if such descendant— a. is a member of the Indian community served by a local program of the Indian Health Service; and b. is regarded as an Indian by the community in which such descendant lives. 3. Any Indian who holds trust interests in public domain, national forest, or reservation allotments in California. 4. Any Indian of California who is listed on the plans for distribution of the assets of rancherias and reservations located within the State of California under the Act of August 18, 1958 (72 Stat. 619), and any descendant of such an Indian. Example: Jane turns 65 September 30. She is no longer considered an ABAWD for September benefits. Example: Jane turned 18 on August 2. She is not working or otherwise exempt. Her first month of the 3 months of benefits starts in September unless she meets other exemption criteria.