Warm Springs supplemental security income program

WARM SPRINGS TRIBAL CODE

CHAPTER 540

WARM SPRINGS SUPPLEMENTAL INCOME PROGRAM

Table of Contents

540.001 Enacting Statements
540.010 Title
540.020 Definitions
540.030 Purpose
540.040 Eligibility For Supplemental Benefits
540.050 Payment Amount2
540.060 Method of Payment
540.070 Notification of Social Security Administration
540.080 Disputes as to Eligibility
540.090 Effective Date

WARM SPRINGS TRIBAL CODE

CHAPTER 540

WARM SPRINGS SUPPLEMENTAL INCOME PROGRAM

540.001 Enacting Statements.

1. Whereas, the health and welfare of the members of the Confederated Tribes of the Warm Springs Reservation of Oregon is a matter of concern to the Tribal Council and the Confederated Tribes; and
2. Whereas, certain enrolled members of the Confederated Tribes are aged, blind or disabled and have such limited income and resources that they are eligible for benefits under the Federal Supplement Security Income Program; and
3. Whereas, the Supplemental Security Income program provides only a minimum income level that is barely adequate to meet basic living expenses, and the Confederated Tribes desires to further the income and living standards of its enrolled members and to insure that they shall have adequate income to meet basic human needs; and
4. Whereas, the statutes and regulations of the United States governing the Supplemental Security Income program recognize that Indian tribes may supplement the payments made under the federal program and that such supplemental payments shall not diminish the federal benefits;
5. Now, therefore, be it enacted that the Confederated Tribes of the Warm Springs Reservation of Oregon enact and adopt the following ordinance pursuant to Article V, Section 1(f) of the Constitution of the Confederated Tribes of the Warm Springs Reservation of Oregon establishing a plan for payment of supplemental benefits in addition to the benefits already received by certain enrolled members of the Tribe under the federal Supplemental Security Income program.

540.010 Title. This Chapter shall be known as the Warm Springs Supplemental Income Program.

540.20 Definitions. As used in this Chapter, the following words and phrases shall each have the designated meaning unless a different meaning is expressly provided or, in the context, is clearly indicated:

1. “Tribes” shall mean the Confederated Tribes of the Warm Springs Reservation of Oregon.
2. “Council” shall mean the Warm Springs Tribal Council.
3. “Federal Supplemental Security Income Program” shall mean that certain national program of the Social Security Administration to provide supplemental security income to individuals who have attained age 65 or are blind and disabled.
4. “Income” shall mean both earned and unearned income as defined in the Act establishing the Federal Supplemental Security Income Program at 42 USCA
   §1382a.

540.030 Purpose. The purpose of this Chapter is to provide for the payment of supplemental benefits on a monthly basis to enrolled members of the Tribes who are blind, aged, or disabled and therefore eligible for benefits under the Federal Supplemental Security Income Program.

540.040 Eligibility For Supplemental Benefits. The supplemental benefit authorized by this Chapter shall be paid only to persons who meet the following eligibility requirements:

1. The supplemental payments shall be made only to enrolled members of the Confederated Tribes who have submitted an application for such benefits. The Council shall make application forms available to any enrolled members of the Tribes desiring to apply for such benefits. The application shall be in such form as is approved by the Council by resolution.
2. The supplemental benefits shall be made only to persons who are eligible for payments or are receiving payments under the Federal Supplemental Security Income Program, or to persons who would be eligible upon filing an application for such payments with the Social Security Administration.
3. Such benefits shall be paid only to such persons who are determined by the Council or its authorized designee, to meet the above eligibility requirements.

540.050 Payment Amount. The amount of the supplemental benefit under this plan shall be established by Tribal Council resolution and in recognition of the fact that the income generated by the Tribes and the need of eligible members of the Tribes varies, the amount of such supplemental payment may be increased or decreased by the Council by resolution enacted prior to the date the payment is due.

540.060 Method of Payment. The supplemental benefit shall be paid at least once each calendar month, or more often if the Council by resolution so provides. All such supplemental benefits shall be in cash, or by check or money order, and shall be paid directly to the eligible person or to his designated representative as determined by the Superintendent of the Warm Springs Indian Agency or his designee.

540.070 Notification of Social Security Administration. In recognition of the fact that this plan for the payment of supplemental benefits is designed to provide assistance based on need in supplementation of the benefits paid under the Federal Supplemental Security Income Program and to thereby qualify for exclusion as income under the rules and regulations of the Social Security Administration, the Council shall advise the Social Security Administration of any amendments to this Chapter which shall change the conditions for eligibility or change the provisions for method of payment and shall seek a determination by said amendment on the plan’s status as an excluded income payment under the appropriate law and regulations governing the Federal Supplemental Security Income Program.

540.080 Disputes as to Eligibility. All issues as to the eligibility of a person for benefits under this ordinance or any disputes about the amount of said benefits shall be resolved by the Council or by its appointed delegate, which delegate shall be named by resolution.

540.090 Effective Date. This Chapter shall be effective from the date of its enactment by the Council.