Agency regulations define income as “anything you receive in cash or in kind that
you can use to meet your needs for food and shelter.” 20 C.F.R. § 416.1102. They also
state that the agency does not count all income towards Supplemental Security Income
(SSI) eligibility requirements, and acknowledge that some federal laws other than
the Social Security Act (Act) preclude the agency from counting certain unearned income
for SSI purposes. 20 C.F.R. §§ 416.1100, 416.1124. The agency identifies laws relating
to unearned income counting in 20 C.F.R. Part 416, Appendix to Subpart K. Likewise,
the agency recognizes that federal statutes may require certain payments or benefits
to be excluded as resources for SSI purposes. 20 C.F.R. § 416.1210(j).
POMS SI 00830.830C., identifies several federal laws providing that certain types of payments made to
members of Indian Tribes are excluded from income and/or resources. Each of these
laws is also identified in the Appendix to Subpart K. One of these laws, the Per Capita
Act, P.L. 98-64, applies directly to the settlement payments at issue here and exempts
the funds from being counted as income or resources.
The Per Capita Act applies to funds held in a trust account by the Secretary for an
Indian Tribe that are to be distributed per capita to members of the Tribe. 25 U.S.C.
§ 117a. Pursuant to that law, such funds may be distributed either by the Secretary
or by the Tribe (with the request of the Tribe’s governing body and approval of the
Secretary). 25 U.S.C. § 117a. Funds distributed under the Per Capita Act are subject
to 25 U.S.C. § 1407, meaning they are not considered as income or resources for the
Social Security Act’s entitlement purposes. 25 U.S.C. §§ 117b(a), 1407.
Tribal members age 55 and older receive Wells Dam settlement distribution payments
from funds held in trust by the Secretary, and the Department of the Interior confirmed
these funds are only distributed pursuant to Colville Tribal Resolution. Thus, these
payments fall within the exemption under the Per Capita Act, which excludes the payments
from income and resources.