Who is “old” enough? Who is “poor” enough?

Means test, as used in the provision of services, means the use of an older Indian’s income or resources to deny or limit that person’s receipt of services under this part.

Older Indians, means those individuals who have attained the minimum age determined by the tribe for services.
….

Sec. 1326.11 Prohibition against supplantation.

A tribal organization shall ensure that the activities provided under a grant under this part will be in addition to, and not in substitution for, comparable activities provided without Federal assistance.

Sec. 1326.13 Supportive services.
A tribal organization may provide any of the supportive services mentioned under title III of the Older Americans Act, and any other supportive services that are necessary for the general welfare of older Indians.

If an applicant elects to provide multipurpose senior center activities or uses any of the funds under this part for acquiring, altering or renovating a multipurpose senior center facility, it shall comply with the following requirements:

  1. The tribal organization shall comply with all applicable local health, fire, safety, building, zoning and sanitation laws, ordinances or codes.

    The tribal organization shall assure the technical adequacy of any proposed alteration or renovation of a multipurpose senior centers assisted under this part. The tribal organization assures technical adequacy by requiring that any alteration or renovation of a multipurpose senior center that affects the load bearing members of the facility is structurally sound and complies with all applicable local or State ordinances, laws, or building codes….

    Sec. 1326.15 Nutrition services.

    In addition to providing nutrition services to older Indians, a tribal organization may:

    Provide nutrition services to the spouses of older Indians;

    Provide nutrition services to non-elderly handicapped or disabled Indians who reside in housing facilities occupied primarily by the elderly, at which congregate nutrition services are provided;

    Offer a meal, on the same basis as meals are provided to older Indians, to individuals providing volunteer services during meal hours; and

    Provide a meal to individuals with disabilities who reside in a non-institutional household with and accompany a person eligible for congregate meals under that part.

    Sec. 1326.19 Application requirements.

    A tribal organization shall have an approved application. The application shall be submitted as prescribed in section 604 of the Act and in accordance with the Commissioner’s instructions for the specified project and budget periods. The application shall provide for:….

    Assurances as prescribed by the Commissioner that:

    A tribal organization represents at least 50 individuals who have attained 60 years of age or older;

    A tribal organization shall comply with all applicable State and local license and safety requirements for the provision of those services;

    If a substantial number of the older Indians residing in the service area are of limited English-speaking ability, the tribal organization shall utilize the services of workers who are fluent in the language spoken by a predominant number of older Indians;

    Procedures to ensure that all services under this part are provided without use of any means tests;

    A tribal organization shall comply with all requirements set forth in Sec. 1326.7 through 1326.17; and

    The services provided under this part will be coordinated, where applicable, with services provided under title III of the Act.

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