Title 7 . Health and Social Services

Chapter 40 . Hearings

Section 280. Resource exclusions

7 AAC 40.280. Resource exclusions

(a) The following resources are excluded in determining the resources of an applicant, together with resources of the applicant's spouse under 7 AAC 40.240:

(1) the home of an applicant if used as his principal place of residence, all land contiguous to it, and all outbuildings necessary for operation of the home;

(2) household goods and personal effects having an equity value of $2,000 or less, one wedding ring, one engagement ring, and any household goods or personal effects the retention of which is necessitated by an applicant's physical condition, such as a prosthetic device or hospital bed;

(3) one motor vehicle regardless of value if the motor vehicle is used by the applicant or a member of his family for employment or for obtaining regular medical treatment or if the vehicle has been modified for use by a handicapped person; any other motor vehicle is excluded to the extent that its retail market value does not exceed $4,500;

(4) property necessary for the self-support of an applicant, including real or personal property used in a trade or business, if the property is producing income consistent with its value;

(5) property of a blind or disabled applicant needed to fulfill a plan for achieving self-support that has been approved by the Social Security Administration or by the division of vocational rehabilitation;

(6) stock held by an Alaska Native in a regional or village corporation under the Alaska Native Claims Settlement Act (43 U.S.C. 1606 and 1607);

(7) term insurance and burial insurance without regard to value and life insurance if the face value of life insurance policies on an individual does not exceed $1,500; if the face value of life insurance exceeds $1,500, its cash surrender value is a resource;

(8) cash received from an insurance company to replace or repair an excluded resource if used for repair or replacement within three months of receipt in the case of personal property and within six months in the case of real property;

(9) allotted lands held by an applicant who is of Indian descent from a federally recognized Indian tribe if the land cannot be alienated without the permission of the tribe or the federal government;

(10) payments made under Title II of the Uniform Relocation Assistance and Real Property Acquisition Act of 1970 (42 U.S.C. 4636);

(11) payments to members of the Blackfeet and Gros Ventre tribes under Public Law 92-254 (25 U.S.C. 1264) and Indian per-capita payments made under Public Law 93-134 (25 U.S.C. 1407) to the extent excluded by 20 C.F.R. 416.1236;

(12) the value of the food stamp allotment provided under 7 U.S.C. 2011 - 2036 (Food Stamp Program); the value of assistance provided under 42 U.S.C. 1751 - 1769h (School Lunch Programs); the value of assistance provided under 42 U.S.C. 1771 - 1791 (Child Nutrition); and the value of federally donated foods distributed under 7 C.F.R. Part 250 and Part 251, sec. 32 of Public Law 74-320, or 7 U.S.C. 1431 sec. 416 of the Agriculture Act of 1949);

(13) any grant or loan to an undergraduate student for educational purposes made or insured by the Commissioner of Education under Public Law 90-575 (20 U.S.C. 1070 - 1089);

(14) payments to volunteers under 42 U.S.C. 4950 - 5085 (Domestic Volunteer Services);

(15) in accordance with 43 U.S.C. 1626(c), distributions received by an individual Alaska Native or descendant of an Alaska Native from a Native corporation formed under the Alaska Native Claims Settlement Act as follows:

(A) cash, including cash dividends on stock received from a Native corporation, is disregarded to the extent that it does not, in the aggregate, exceed $2,000 per individual each year; the $2,000 limit is applied separately each year, and cash distributions up to $2,000 that an individual received in a prior year and retains in subsequent years will not be counted as a resource in those years;

(B) stock, including stock issued or distributed by a Native corporation as a dividend or distribution on stock;

(C) a partnership interest;

(D) land or an interest in land, including land or an interest in land received from a Native corporation as a dividend or distribution on stock;

(E) an interest in a settlement trust;

(16) the value of any assistance paid with respect to a dwelling unit under the United States Housing Act of 1937, the National Housing Act, sec. 101 of the Housing and Urban Development Act of 1965, or Title V of the Housing Act of 1949 as provided in 42 U.S.C. 1382a(b)(14) and 1382b(a)(8); and

(17) the value of a limited entry fishing permit if the holder of the permit uses the permit to produce income; if it is not used to produce income or is for sale, the fair market value less any amount owed by the holder is included as a resource.

(b) In order for a resource listed in (a)(11) - (a)(17) of this section to be excluded, the resource must be distinguishable from other resources.

History: Eff. 5/12/82, Register 82; am 4/6/91, Register 118; am 10/10/96, Register 140; am 9/20/2002, Register 163

Authority: AS 47.05.010

AS 47.25.430

AS 47.25.435

AS 47.25.460