7 AAC 40.320. Income exclusions

(a) The following income is excluded in determining the total monthly income of an applicant, together with the applicant's spouse under 7 AAC 40.240:

(1) cash or other property received from the sale, exchange, or other disposition of a resource;

(2) the premium payment for supplementary medical insurance under Title XVIII of the Social Security Act (42 U.S.C. 1395s) if paid by a third party;

(3) the value of any third-party payment for medical care or medical services, including payment for room and board furnished during medical confinement;

(4) the value of any support and maintenance furnished the applicant in kind; the division will not increase or decrease the amount of a payment made under this chapter to reflect changes in SSI eligibility or payment amounts caused by the receipt of any support or maintenance furnished the applicant in kind;

(5) the value of any social services furnished the applicant by a governmental or private agency;

(6) income tax refunds;

(7) the amount of any ordinary and necessary expense incurred in getting or receiving unearned income, except for income tax;

(8) the amount of any ordinary and necessary expense of operating and maintaining property which is producing rent, except for depreciation and acquisition costs other than interest;

(9) $1,500 of the proceeds of any life insurance policy or the amount expended by the beneficiary of the policy on the insured's last illness and burial, whichever is less;

(10) any income which would be excluded under 7 AAC 40.280(a) (11) - (a)(17) if it were considered to be a resource;

(11) any taxes on real property or food refunded by public agency;

(12) any portion of a grant, scholarship, or fellowship which is not made or insured by the United States Commissioner of Education but which is used to pay for tuition, fees, books, or supplies at an educational institution;

(13) the value of any agricultural products or foodstuffs obtained through subsistence activities if not obtained through a trade or business and consumed by the applicant or his immediate family;

(14) any earned income which does not exceed $10 per month and either is received less frequently than twice per quarter or cannot be reasonably anticipated;

(15) any unearned income which does not exceed $20 per month and either is received less frequently than twice per quarter or cannot be reasonably anticipated;

(16) payments made under AS 47.45; the division will not increase or decrease the amount of a payment made under this chapter to reflect changes in SSI eligibility or payment amounts caused by receipt of countable longevity bonus payments;

(17) payments for the foster care of a child who is ineligible for SSI or assistance under this chapter;

(18) one-third of income received by a child from an absent parent; "child" includes a person who is not married, not the head of a household, and either under 18 or under 22 and attending a school, college, university or course of vocational or technical training to prepare for gainful employment;

(19) $1,200 per calendar quarter, not to exceed $1,620 per year, of the earned income of a blind or disabled individual under 22 who regularly attends school as provided in 20 C.F.R. 416.1112;

(20) $65 per month of any earned income plus one-half of the remainder;

(21) the amount of any expenses of an applicant for aid to the blind which are reasonably attributable to the earning of income;

(22) income 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; and

(23) the first $20 per month of income, earned or unearned, other than unearned income based on need.

(b) The exclusions in (a) of this section apply first to unearned income and then to earned income in the order in which they are listed. Unless otherwise specified in this chapter, income which is excluded in this section is not included as a resource.

History: Eff. 5/12/82, Register 82; am 9/30/83, Register 87; am 8/31/84, Register 91; am 1/4/85, Register 93; am 4/6/91, Register 118; am 10/1/93, Register 127; am 6/27/2004, Register 170

Authority: AS 47.05.010

AS 47.25.430

AS 47.25.435

AS 47.25.460

The Alaska Administrative Code was automatically converted to HTML from a plain text format. Every effort has been made to ensure its accuracy, but neither Touch N' Go Systems nor the Law Offices of James B. Gottstein can be held responsible for any possible errors. This version of the Alaska Administrative Code is current through June, 2006.

If it is critical that the precise terms of the Alaska Administrative Code be known, it is recommended that more formal sources be consulted. Recent editions of the Alaska Administrative Journal may be obtained from the Alaska Lieutenant Governor's Office on the world wide web. If any errors are found, please e-mail Touch N' Go systems at E-mail. We hope you find this information useful. Copyright 2006. Touch N' Go Systems, Inc. All Rights Reserved.