Stockbridge-Munsee Tribal Law Library
Stockbridge-Munsee Tribal Code

Section ADM.04.11 — Non-Recourse Designation.

(a) The Tribe does not guarantee Assistance under this law. Beneficiaries have no contractual or other right to direct, compel, or alienate payments prior to actual receipt.

(b) All amounts budgeted by the Tribe for Assistance payments shall remain general assets of the Tribe until such payments are disbursed. Assistance paid hereunder shall not be treated as a resource or asset of the Beneficiary for any purpose, and shall not be counted against a recipient's eligibility (through income or resource criteria) for other governmental assistance of any kind.

(c) The Tribe reserves the right to cancel, adjust, modify or revoke any Assistance that are treated as a resource of the Beneficiary or are otherwise used to limit the eligibility of a recipient for other such assistance.

(d) All Assistance authorized by the Ordinance shall be treated as an unfunded arrangement for tax purposes and shall be limited to appropriated funds at the discretion of the Council from time to time. Assistance hereunder is paid from assets of the Tribe; all payments are based on budget availability of the tribal government.

(e) Approved Programs shall be administered at all times to avoid triggering of the doctrines of "constructive receipt" or "economic benefit" for income tax purposes.