09-04 Exclude PFD from income for purposes of receiving certain benefits

Published on November 10th, 2009

By ALEX DEMARBAN

Summary

Recognizing that some households in can't get FDPIR food assistance because the Permanent Fund dividend is counted as income, pushing their income levels too high, AFN wants congressional legislation to exclude the PFD from counting as income or benefits for the nutritional food assistance.

---

Full Text

RESOLUTION 09-04

ADDING ALASKA'S PERMANENT FUND DIVIDEND PROGRAM TO THE LIST OF RESOURCES AND INCOME EXCLUDED BY LAW, UNDER CFR TITLE 7, PART 253

WHEREAS: In 2007, the Alaska Native Tribal Health Consortium became the first new Indian Tribal Organization (ITO) in over 17 years to be added to the US Department of Agriculture Food Nutrition Services' list of ITO agencies, to administer the Food Distribution Program on Indian Reservations (FDPIR), and the first ITO in Alaska history to introduce FDPIR to Alaska's federally recognized tribes; and

WHEREAS: The FDPIR is an alternative to the USDAlFNS' food stamp program, and only federally recognized tribal agencies or state government agencies, where an ITO is not available, can administer the FDPIR program within their respective service areas; and

WHEREAS: All household applicants for FDPIR must meet income eligibility standards set by the USDAlFNS similar to the income standards set nationwide by USDAlFNS for the food stamp program (FSP); and

WHEREAS: Because of the high cost of living in Alaska, USDAlFNS has conscientiously set higher income eligibility standards for both FSP and FDPIR programs; and

WHEREAS: Most households that choose to participate in one program or the other (Le., who do not meet categorical eligibility) become automatically income ineligible for either program based on federal income guidelines when all household members receive their annual Alaska Permanent Fund Dividend (PFD) check, which can range from $750 and $1,900 annually; and

WHEREAS: Veterans who receive service and non-service connected benefits are also often determined to be income ineligible as a result of P.F D checks; and

WHEREAS: The Alaska State Legislature passed legislation in 1982 to ensure that the PFD did not adversely affect anyone receiving public assistance, which later became known as the PFD Hold Harmless Program, and which provides that any person whose public assistance benefits were reduced because of counting the PFD as income or resources would be eligible to receive state-funded cash or medical assistance equal to the lost benefits, for up to four months; and

WHEREAS: While the PFD Hold Harmless Program applies to and benefits "any person who loses food stamp or SSI benefits because they receive or keep PFD money" it currently does not apply to or benefit any person(s) who lose their FDPIR or veterans benefits because they kept their PFD money; and

WHEREAS: To address the inequity in income eligibility for some applicants, the United States Congress has identified and excluded resources and income from the criteria ofFDPIR eligibility as noted under CPR 253.6(d)(2)(iv) and CFR 253.6(e)(2)(iii); and

WHEREAS: Both the regional and national FDPIR associations, i.e., the Western Association of Food Distribution Program on Indian Reservations and National Association of Food Distribution Programs, have passed similar resolutions of support for ANTHC to approach Congress to seek An income and resource waiver for the Alaska Pennanent Fund Dividend in an amount up to $2,000 for each person who applies for but cannot receive FDPIR benefits because of the challenge created by the PFD; and

NOW THEREFORE BE IT RESOLVED that the Alaska Federation of Natives recognizes the challenge beset by FDPIR eligible households living in Alaska, who, in an effort to secure nutritional food assistance from ANTHC's FDPIR tribal agencies, are barred from FDPIR benefits because the Alaska PFD is counted as either income or a resource, which makes them ineligible for assistance; and

BE IT FURTHER RESOLVED that the Alaska Federation of Natives Delegates in attendance at the 2009 Alaska Federation of Natives Convention support congressional legislation to add the State of Alaska's Pennanent Fund Dividend (in an amount up to $2,000 per individual) to the list of excluded resources under CPR 253.6(d)(2)(iv); and

BE IT FURTHER RESOLVED that the Alaska Federation of Natives supports congressional legislation to add the State of Alaska's Pennanent Fund Dividend (in an amount up to $2,000 per individual) to the list of excluded incomes under CPR 253.6(e)(2)(iii).

BE IT FINALLY RESOLVED THAT the Alaska Federation of Natives supports Congressional legislation to add the state of Alaska's Pennanent Fund (in an amount up to $2,000 per individual) to the list of excluded resources or incomes when determining eligibility for veterans' benefits.

SUBMITTED BY: BOARD OF DIRECTORS OF THE ALASKA FEDERATION OF NATIVES

CONVENTION ACTION: AMENDED AND PASSED