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25 U.S.C. § 1408

Section 1408 · Resources exemption

Amended 2 times on record

Applied in 1 court decisions — leading case 686 F. Supp. 251 - Poorman Ex Rel. Elk v. Bowen (1988)

Most recently applied in 686 F. Supp. 251 - Poorman Ex Rel. Elk v. Bowen (June 1988)

Interests of individual Indians in trust or restricted lands shall not be considered a resource, and up to $2,000 per year of income received by individual Indians that is derived from such interests shall not be considered income, in determining eligibility for assistance under the Social Security Act [42 U.S.C. 301 et seq.] or any other Federal or federally assisted program.

Editorial notes U.S. Code · Office of the Law Revision Counsel

References in Text

The Social Security Act, referred to in text, is act Aug. 14, 1935, ch. 531, 49 Stat. 620, as amended, which is classified generally to chapter 7 (§301 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see section 1305 of Title 42 and Tables.

Amendments

1993—Pub. L. 103–66 inserted “, and up to $2,000 per year of income received by individual Indians that is derived from such interests shall not be considered income,” after “resource”.

Effective Date of 1993 Amendment

Section 13736(b) of Pub. L. 103–66 provided that: “The amendment made by this section [amending this section] shall take effect on January 1, 1994.”

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