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(a) If an applicant lives with the applicant's spouse and the income of that spouse is considered available to the applicant under 7 AAC 40.240, the following income of the spouse is excluded in determining the total monthly income:
(1) the amount of any financial assistance furnished by a state, political subdivision of a state, or the United States on the basis of need, and the amount of any income taken into account in determining eligibility for and amount of that assistance;
(2) a grant, scholarship, or fellowship to the extent used to pay tuition or fees to an educational institution;
(3) payments received for the foster care of a child who is ineligible for SSI or assistance under this chapter;
(4) the value of food stamps, federal Department of Agriculture donated foods, and home produce and subsistence foodstuffs obtained for personal consumption;
(5) income tax refunds and any taxes on real property or food refunded by a public agency;
(6) any income used to comply with a court order of child support and support payments made under Title IV-D of the Social Security Act (42 U.S.C. 654);
(7) the value of any support and maintenance furnished to a spouse, parent, spouse of a parent, or children who reside with the applicant and are ineligible for SSI or assistance under this chapter;
(8) payments made under AS 47.45;
(9) 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;
(10) income otherwise excluded by federal statute in accordance with 7 AAC 40.280 or 7 AAC 40.320.
(b) Income not excluded under (a) of this section is treated in accordance with 20 C.F.R. 416.1163 as follows:
(1) in the case of an applicant required to apply for SSI, the income of an ineligible spouse is treated in accordance with 20 C.F.R. 416.1163, except that the income of an ineligible spouse that is disregarded under 20 C.F.R. 416.1163(d)(1) is considered available to the applicant in computing the amount of assistance under 7 AAC 40.350 and 7 AAC 40.370;
(2) in the case of an applicant not required to apply for SSI, the income of an ineligible spouse that is available to the applicant is computed by the division in accordance with 20 C.F.R. 416.1163.
(c) Unless otherwise specified in this chapter, income that is excluded by this section is not included as a resource.
History: Eff. 5/12/82, Register 82; am 10/1/93, Register 127; am 10/10/96, Register 140; am 9/20/2002, Register 163
Authority: AS 47.05.010
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Last modified 7/05/2006