§ 13d–2. Enrollment and general assistance payments

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The Secretary of the Interior shall not disqualify from continued receipt of general assistance payments from the Bureau of Indian Affairs an otherwise eligible Indian for whom the Bureau is making or may make general assistance payments (or exclude such an individual from continued consideration in determining the amount of general assistance payments for a household) because the individual is enrolled (and is making satisfactory progress toward completion of a program or training that can reasonably be expected to lead to gainful employment) for at least half-time study or training in— a college assisted by the Bureau under the Tribally Controlled Colleges and Universities Assistance Act of 1978 ( 92 Stat. 1325 ; 25 U.S.C. 1801 ) or the Navajo Community College Act ( 85 Stat. 645 ; 25 U.S.C. 640a ); 1 an institution of higher education or a vocational school (as defined for purposes of any program of assistance to students under the Higher Education Act of 1965 [ 20 U.S.C. 1001 et seq.]); a course the Secretary determines will lead to a high school diploma or an equivalent certificate; or other programs or training approved by the Secretary or by tribal education, employment or training programs.

In determining the amount of general assistance provided by the Bureau of Indian Affairs, the Secretary of the Interior shall not include consideration of— additional expenses in connection with the study or training described in subsection (a), and the amount of any financial assistance received by the individual as a student or trainee. This section does not alter any eligibility requirement for general assistance from the Bureau of Indian Affairs other than the requirement to be available for employment and to seek employment.

( Pub. L. 100–297, title V, § 5404 , Apr. 28, 1988 , 102 Stat. 416 ; Pub. L. 105–244, title IX, § 901(d) , Oct. 7, 1998 , 112 Stat. 1828 ; Pub. L. 107–110, title X, § 1045 , Jan. 8, 2002 , 115 Stat. 2080 ; Pub. L. 110–315, title IX, § 941(k)(2)(G) , Aug. 14, 2008 , 122 Stat. 3466 .)

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