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The Tribal Council shall designate those Approved Programs for which funds will be budgeted each fiscal year, consistent with the purposes of this Title. Approved Programs shall only include Approved Programs that are designated in this Title and shall be consistent with the General Welfare Doctrine as to purpose, eligibility and funding.
[Legislative History: Enacted by Resolution No. 2018-72, 10/5/2018]
Approved Programs shall be limited to the purposes consistent with treatment under the General Welfare Doctrine. Such purposes may include, for example, assistance for medical care, shelter, and subsistence benefits. Any Approved Program must be established and operated to promote the general welfare of the Tribe, including programs designed to enhance the promotion of health, education, self-sufficiency, self-determination, tribal image and the maintenance of culture and tradition, entrepreneurship, and the employment of Tribal Members.
[Legislative History: Enacted by Resolution No. 2018-72, 10/5/2018]
Assistance intended to qualify for General Welfare Doctrine treatment shall be limited to Tribal Members of the San Juan Southern Paiute Tribe and shall be in accordance with the requirements of this Title and the applicable Tribal Program Handbook for each Assistance Program.
[Legislative History: Enacted by Resolution No. 2018-72, 10/5/2018]
All Assistance disbursed pursuant to this Title must be used for the purpose stated in the Approved Program description and in the Beneficiary's Application for the applicable Assistance.
[Legislative History: Enacted by Resolution No. 2018-72, 10/5/2018]
A. Any person who knowingly and willfully misappropriates Tribal Program Assistance funds, property or information for personal or other use not in the interest of the Tribe shall be subject to civil and criminal penalties or disciplinary action as authorized by applicable law and policies.
B. In the event Assistance benefits are used or pledged by the Beneficiary for a purpose inconsistent with the purpose set forth in the applicable Approved Program and the Beneficiary's Application, the Beneficiary shall be deemed to have forfeited the Assistance benefits and shall be required to repay the Assistance benefits to the Tribe.
C. Any alleged misappropriation or misuse of Assistance funds, property or information shall be brought to the immediate attention of the Tribal Administration and Tribal Council in writing by any person with knowledge of an alleged misappropriation or misuse of Assistance benefits.
D. Upon receiving notice of an alleged misappropriation or misuse of Assistance benefits, the Tribal Council shall determine whether it will hold a hearing for the person who is alleged to have misused or misappropriated Assistance benefits or defer to the Tribal Court or another court of proper jurisdiction.
E. For Tribal Council hearings, the person in question shall be afforded due process, including a written statement of the charges, the right to respond to those charges and the right to present witnesses and other evidence in his or her defense. The decision of the Tribal Council shall be final and shall be appealable to the Tribal Court only if a claim is made by the Beneficiary that due process rights were not afforded.
F. A person found to have misappropriated or misused Assistance benefits must wait five (5) years from the date of the decision to apply for Assistance from the Tribe again. A person found to have misappropriated or misused Assistance benefits a second time must wait ten (10) years from the date of the decision to apply for Assistance from the Tribe again. A person found to have misappropriated or misused Assistance benefits a third time shall not be permitted to apply for Assistance.
G. Forfeited benefits may be offset by any other payments owed to a Tribal Member by the Tribe, including, but not limited to, per capita payments, if such offset is necessary to secure the repayment of forfeited Assistance benefits.
[Legislative History: Enacted by Resolution No. 2018-72, 10/5/2018]
In addition to the forfeiture of Assistance benefits under Section 205 of this Chapter, the Tribal Council may require the forfeiture of Assistance benefits to a Beneficiary should said benefits be treated as a resource detrimental to the Tribe or a Beneficiary.
[Legislative History: Enacted by Resolution No. 2018-72, 10/5/2018]
A. The Tribal Council shall determine which of the Tribal Assistance Programs pursuant to this Title shall be available to Beneficiaries whose individual income is at or below a specified level in effect at the time Assistance benefits are paid. Notwithstanding the foregoing, the Tribe shall comply with all income and need requirements required by any funding source specific to any Tribal Assistance Program.
B. A Beneficiary must certify his or her financial needs, and certify that the Assistance benefits do not exceed the amount of the Beneficiary's financial need for any Tribal Assistance Program requiring income level eligibility.
C. Procedures for certifying a Beneficiary's eligibility for Assistance under the general Tribal Income and Need Requirements shall be included as part of each Tribal Program Handbook for each Tribal Program requiring income level eligibility.
D. After an initial certification, each Beneficiary shall be required to report any material change in financial circumstances and shall, in that case, be re-evaluated for continuing eligibility. Beneficiaries may be required to certify upon each application for Assistance whether he or she has experienced any material change in financial circumstances since his or her last needs evaluation. All Beneficiaries must also be re-evaluated annually to receive continued assistance from a Tribal Assistance Program requiring income level eligibility.
[Legislative History: Enacted by Resolution No. 2018-72, 10/5/2018; Amended by Resolution No. 2019-03, 1/18/2019]
Minimum standards of living and income requirements for purposes of determining a Beneficiary's qualification for needs based benefits shall be established by the Tribe and incorporated into each Tribal Assistance Program Handbook. The Tribe may look for guidance to federal requirements such as the federal poverty levels and federal earned income credit levels. However, the Tribe, as the sovereign government of the San Juan Southern Paiute Tribe, shall retain ultimate authority in establishing minimum standards of living in San Juan Southern Paiute Tribe communities. In doing so, the Tribal Council may take into account such issues as the number of dependents in a household, the level of household income, and household expenditures, and the average and median incomes in the Beneficiary's community, municipality or county.
[Legislative History: Enacted by Resolution No. 2018-72, 10/5/2018]
The Tribal Council may adopt requirements establishing the maximum Assistance payments to be made to Tribal Members for certain specified purposes. Such requirements may also include factors to be used in determining whether the Tribal Council should permit a deviation from the payment limitations in certain circumstances and limitations with respect to the frequency of applications for Assistance.
[Legislative History: Enacted by Resolution No. 2018-72, 10/5/2018; Amended by Resolution No. 2019-03, 1/18/2019]
A. The Tribal Council shall annually designate those funding sources that are available for the payment of Assistance benefits for each Tribal Assistance Program as part of the Tribe’s annual budgeting process. Sources that may be considered may include, but not be limited to, those from the San Juan Southern Paiute Tribe.
B. Notwithstanding anything to the contrary, the Assistance payments authorized by this Title shall be "unfunded" for tax purposes and no Beneficiary shall have an interest in or right to any funds budgeted for or set aside for Assistance payments until paid. Assistance benefits shall remain the assets of the Tribe until distributed, and the Approved Programs shall be administered at all times to avoid the doctrines of constructive receipt and/or economic benefit.
[Legislative History: Enacted by Resolution No. 2018-72, 10/5/2018; Amended by Resolution No. 2019-03, 1/18/2019]
A Tribal Member’s rights to apply for welfare assistance payments under this Title are not subject to anticipation, alienation, sale, transfer, assignment, pledge, encumbrance, attachment or garnishment by creditors of the Tribal Member or his or her Beneficiaries.
[Legislative History: Enacted by Resolution No. 2018-72, 10/5/2018]
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