Effective Dates: 5/15/2023 - Present

Identification Number:
SI 00830 TN 174
Intended Audience:
Originating Office:ORDP OISP
Title:Unearned Income
Type:POMS Full Transmittals
Program:Title XVI (SSI)
Link To Reference:
 

PROGRAM OPERATIONS MANUAL SYSTEM

Part SI – Supplemental Security Income

Chapter 008 – Income

Subchapter 30 – Unearned Income

Transmittal No. 174, 05/15/2023

Originating Component

OISP

Effective Date

05/15/2023

Background

The Native American Precedent and Resource Center (NAPR) website has been in place since August 1, 2022. The POMS is updated to reflect instructions that regional offices (RO) and field office (FO) staff are already using.

Summary of Changes

SI 00830.815 Native American Precedent Application (NAPA) Website

Title - Updated the title and acronym to reflect the new name of the Native American website that stores precedents regarding income and resources for specific tribal programs.

Subsection A - Updated this section to reflect the name of the NAPR website that stores precedents regarding income and resources for specific Tribal programs. In addition, updated the acronyms and links accordingly. And informed all users to review the User Guide before taking any action within the NAPR website.

Subsection B - Updated this section with the new name of the Native American website; and provided the method for adding precedents to the NAPR website. In addition, updated the acronyms and links accordingly.

Subsection C - Updated the subsection title to Policy for developing Native American income.

Subsection D - Updated acronyms in this section to reflect the new Native American precedent website; and updated the term "MSSICS" to "SSI Claims System."

Subsection D - Removed the "NOTE" that no longer applies to the new NAPR website.

Subsection E - Updated to reflect the same references listed within the NAPR website.

SI 00830.815 Native American Precedent and Resource Center (NAPR) Website

A. Introduction to the NAPR website

The Native American Precedent and Resource Center (NAPR) website stores precedents about income and resources for specific Tribal programs. A precedent allows SSA to store income and resource determinations related to Tribal programs and use the determinations as a guide or rule for future situations with similar circumstances.

NOTE: As of August 1, 2022, new precedents and resources are established and stored on the NAPR website. The Native American Precedent Application (NAPA) website was decommissioned as of January 2023. All precedents previously stored under the NAPA website were transferred to the NAPR website.

Prior to taking any action within the NAPR website, please review the "User Guide" within the website for detailed instructions. The User Guide explains that each Field Office (FO) is responsible for creating and maintaining all precedents and the Tribe's servicing Regional Office (RO) is responsible for reviewing, approving, and publishing all precedents.

NOTE: Submit precedent information regarding Tribal trusts to the SSI Trust Monitoring System (SSITMS) according to operational guidelines, which is called, SSI Trust Monitoring System Guide. The guide is located under the “Help” section on the SSITMS website. For questions contact your Regional Office.

B. Method for adding precedents to the NAPR website

As of August 1, 2022, new precedents and resources are established and stored in the NAPR website.

Precedents can be added electronically to the NAPR website whenever an initial claim, pre-effectuation review contact, or redetermination is being completed.

NOTE: Prior to taking any action within the NAPR website, please review the "User Guide" within the website for complete step-by-step instructions.

 

  1. 1. 

    Before adding a precedent, determine if a precedent already exists by doing a search under "Tribal Precedents" on the NAPR website. Use the "References" and "Decision Trees" on the NAPR website to research SSI policy relating to Tribal programs.

  2. 2. 

    If no information appears after entering the name of the Tribe in the search section this means no precedent exist. Establish and complete the precedent form following the instructions in the "User Guide"

  3. 3. 

    The FO that services the Tribe develops and refers the precedent to the RO for approval.

  4. 4. 

    The RO that services the Tribe reviews, approves, and publishes all precedents.

C. Policy for developing Native American income

For specific Native American income instructions, see References in this section.

For general rules for developing unearned income when there are no specific Native American income instructions, see SI 00830.005.

D. Using the NAPR website to document income and resources

1. Precedent relates to excludable income or resources

Use a Report of Contact (DROC) screen within the SSI Claims System to document the name of the Tribe and the Tribal program and whether the income, resource, or both are excludable.

EXAMPLE of DROC entry: “Per NAPR precedent, the (Name of the Tribe) elder payment is excludable from income. Normal resource counting rules apply.”

If the income or resource is excludable, accept the recipient’s allegation of the amount and receipt date. If the recipient’s allegation is consistent with the information on the NAPR precedent, there is no further development required. NOTE: Make sure that the exclusion is documented within the Consolidated Claims Experience (CCE) and NAPR.

2. Precedent relates to income or resources that are not excludable

If the precedent states that the income or resources is not excludable, follow existing Supplemental Security Income (SSI) procedures to verify and document the amount of income and resources.

Use a DROC screen within the SSI Claims System to document that the income, resource, or both are not excludable.

EXAMPLE of DROC entry: “Per NAPR precedent, the (Name of the Tribe and the type of payment) is not excludable from income or resources. Normal income and resource counting rules apply to this payment unless another exclusion applies.”

3. Update precedent if there is new or discrepant information

If the recipient provides information that is new or discrepant with the existing precedent, update the information within the NAPR website or use the website email function to request an update from the FO that services the Tribe.

The FO that services the Tribe will develop the issue and refer the updated precedent to the servicing RO for approval through the NAPR website.

E. References

  • •

    GN 03314.000 Disclosure to State and Local Agencies and Tribal Authorities

  • •

    SI 00830.800 Bureau of Indian Affairs General Assistance

  • •

    SI 00830.810 Bureau of Indian Affairs Adult Custodial Care and Child Welfare Assistance Payments

  • •

    SI 00830.820 Individual Indian Money Accounts

  • •

    SI 00830.830 Indian-Related Exclusions

  • •

    SI 00830.850 Exclusion of Income from Individual Interests in Indian Trust or Restricted Lands

  • •

    SI 00830.852 The Claims Resolution Act of 2010 (Cobell v. Salazar)

  • •

    SI 00830.853 Tribal Trust Accounting and Management Settlement Agreements

  • •

    SI 00830.855 Processing Inquiries from Potential Barney Class Members

  • •

    SI 00830.880 Indian Fishing Rights Income

  • •

    SI 01130.150 Exclusion of Income from Individual Interest in Indian Trust or Restricted Lands

  • •

    SI 00830.175 Assistance Based on Need (ABON)

  • •

    SI 00830.170 Income Based on Need (IBON)

  • •

    SI 01120.195 Trust Established under the Indian Gaming Regulatory Act (IGRA) for Minor Children and Legally Incompetent Adults (IGRA Trusts)

  • •

    Tribal zip codes are located on the U.S. Department of the Interior Indian Affairs website.

SI 00830 TN 174 - Unearned Income - 5/15/2023