TN 67 (04-95)

Citations:

Act as amended, Section 1612(a)(2);

20 CFR 416.1103(b); 20 CFR 416.1124(c)(12); 20 CFR 416.1140

A. Introduction

Bureau of Indian Affairs (BIA) Adult Custodial Care (ACC) and Child Welfare Assistance (CWA) payments are made on behalf of both institutionalized and noninstitutionalized recipients. BIA foster care payments are made under the ACC and CWA programs. How SSI treats institutionalized, noninstitutionalized, and foster care recipients varies accordingly.

B. Policy

1. Non-institutionalized recipients

BIA ACC and CWA payments (other than foster care assistance) made to noninstitutionalized individuals are federally funded income based on need and, therefore, count as income dollar for dollar.

2. Institutionalized recipients

The presumed maximum value rule applies to income resulting from BIA ACC and CWA payments made on behalf of institutionalized individuals.

3. Foster care

BIA foster care assistance is considered a social service and, therefore, is not income for SSI purposes.

C. References

• Definition of foster care, SI 00830.410

• Income based on need, SI 00830.170

• ISM provided to residents of institutions, SI 00835.704

• Prospective accounting for BIA CWA and ACC to noninstitutionalized individuals, SI 02005.025

• Social services, SI 00815.050