25 Cfr 20.329

Bureau of Indian Affairs, Interior

§ 20.329

(1) The recognized head of the family
unit is certified as unemployable; and
(2) The designation is consistent with
the ISP.
(c) Where there are multiple family
units in one household, one member of
each family unit will be eligible to receive the TWEP incentive payment.

§ 20.326 Does Burial Assistance cover
transportation costs?
Transportation costs directly associated with burials are normally a part
of the established burial rate. If a provider adds an additional transportation
charge to the burial rate because of extenuating circumstances, the social
services worker can pay the added
charge. To do this, the social services
worker must ensure and document in
the case plan that:
(a) The charges are reasonable and
equitable;
(b) The deceased was an eligible indigent Indian who was socially, culturally, and economically affiliated
with his or her tribe; and
(c) The deceased resided in the service area for at least the last 6 consecutive months of his/her life.

§ 20.323 Will the local TWEP be required to have written program
procedures?
Yes, the local TWEP must have specific written program procedures that
cover hours of work, acceptable reasons for granting leave from work,
evaluation criteria and monitoring
plans and ISP’s for participants. Work
readiness progress must be documented
in each ISP.
BURIAL ASSISTANCE

DISASTER ASSISTANCE
§ 20.324 When can the Bureau provide
Burial Assistance?

§ 20.327 When can the Bureau provide
Disaster Assistance?

In the absence of other resources, the
Bureau can provide Burial Assistance
for eligible indigent Indians meeting
the requirements prescribed in § 20.300.

Disaster assistance is immediate and/
or short-term relief from a disaster and
can be provided to a tribal community
in accordance with § 20.328.

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§ 20.325 Who can apply for Burial Assistance?

§ 20.328 How can a tribe apply for Disaster Assistance?

If you are a relative of a deceased Indian, you can apply for burial assistance for the deceased Indian under this
section.
(a) To apply for burial assistance
under this section, you must submit
the application to the social services
worker. You must submit this application within 30 days following death.
(b) The Bureau will determine eligibility based on the income and resources available to the deceased in accordance with § 20.100. This includes
but is not limited to SSI, veterans’
death benefits, social security, and Individual Indian Money (IIM) accounts.
Determination of need will be accomplished on a case-by-case basis using
the Bureau payment standard.
(c) The Bureau will not approve an
application unless it meets the criteria
specified at § 20.300.
(d) The approved payment will not
exceed the Bureau maximum burial
payment standard established by the
Assistant Secretary.

(a) The tribe affected by the disaster
is considered the applicant and must
submit the following to the Regional
Director through the local Superintendent:
(1) A tribal resolution requesting disaster assistance;
(2) A copy of county, state, or Presidential declaration of disaster; and
(3) The projected extent of need in
the service area not covered by other
federal funding sources.
(b) The Regional Director must forward the above tribal documents and
his/her recommendation to the Assistant Secretary for final decision on
whether disaster assistance will be provided and to what extent.
EMERGENCY ASSISTANCE
§ 20.329 When can the Bureau provide
Emergency Assistance payments?
Emergency Assistance payments can
be provided to individuals or families
who suffer from a burnout, flood, or

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§ 20.330

25 CFR Ch. I (4–1–08 Edition)
viders licensed or certified for homemaker service.

other destruction of their home and
loss or damage to personal possessions.
The Bureau will make payments only
for essential needs and other non-medical necessities.

[65 FR 63159, Oct. 20, 2000; 65 FR 76563, Dec. 7,
2000]

§ 20.335 What is the payment standard
for Adult Care Assistance?

§ 20.330 What is the payment standard
for Emergency Assistance?

The approved payment for adult care
assistance will not exceed the applicable state payment rate for similar care.

The approved payment will not exceed the Bureau’s maximum Emergency Assistance payment standard established by the Assistant Secretary.

[65 FR 63159, Oct. 20, 2000; 65 FR 76563, Dec. 7,
2000]

ADULT CARE ASSISTANCE

Subpart D—Services to Children,
Elderly, and Families

§ 20.331 What is Adult Care Assistance?
Adult care assistance provides nonmedical care for eligible adult Indians
who:
(a) Have needs that require personal
care and supervision due to advanced
age, infirmity, physical condition, or
mental impairments; and
(b) Cannot be cared for in their own
home by family members.

§ 20.400 Who should receive Services
to Children, Elderly, and Families?
Services to Children, Elderly, and
Families will be provided for Indians
meeting the requirements prescribed in
§ 20.300 who request these services or on
whose behalf these services are requested.
§ 20.401 What is included under Services to Children, Elderly, and Families?

§ 20.332 Who can receive Adult Care
Assistance?
An adult Indian is eligible to receive
adult care assistance under this part if
he/she:
(a) Is unable to meet his/her basic
needs, including non-medical care and/
or protection, with his/her own resources; and
(b) Does not require intermediate or
skilled nursing care.

Services to Children, Elderly, and
Families include, but are not limited
to, the following:
(a) Assistance in solving problems related to family functioning and interpersonal relationships;
(b) Referral to the appropriate resource for problems related to illness,
physical or mental handicaps, drug
abuse, alcoholism, and violation of the
law; and
(c) Protective services.
In addition, economic opportunity
and money management may also be
provided.

§ 20.333 How do I apply for Adult Care
Assistance?
To apply for adult care assistance,
you or someone acting on your behalf
must submit an application form to the
social services worker.

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§ 20.334

§ 20.402 When are protective services
provided?

What happens after I apply?

Protective services are provided
when children or adults:
(a) Are deprived temporarily or permanently of needed supervision by responsible adults;
(b) Are neglected, abused or exploited;
(c) Need services when they are mentally or physically handicapped or otherwise disabled; or

(a) The Bureau will determine eligibility based upon the income and available resources of the person named in
the application.
(b) Upon approval by the Bureau Line
Officer, payments will be approved
under purchase of service agreements
for adult care provided in state or tribally licensed or certified group settings, or by individual service pro-

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