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Title 7 . Health and Social Services
Chapter 45 . Hearings
Section 195. Mandatory filing unit

7 AAC 45.195. Mandatory filing unit

(a) Unless otherwise provided in this section, for the purposes of filing an application for ATAP assistance, the minimum mandatory filing unit must include the following individuals if they are living in the same household:

(1) the dependent child;

(2) the brothers and sisters of the dependent child who are themselves dependent children; and

(3) the parent or parents of the dependent child, even if a parent is temporarily living away from the home for a planned temporary absence, including employment, seeking employment, and military assignment.

(b) Except as provided in (c) of this section, the department will deny an application that does not includes all individuals who are part of the mandatory filing unit or that fails to provide all of the information necessary for the department to determine each individual's eligibility.

(c) If the department is unable to determine whether a particular child should be included in the mandatory filing unit because of lack of verification of the relationship between the child and the caretaker relative, the department may proceed with providing benefits to other eligible children in the mandatory filing unit as long as the applicant is cooperating with the department in securing the necessary verification and is not attempting to exclude the child merely by withholding verification. Until the child's relationship to the possible caretaker relative and siblings is verified, the department will not consider the child to be a member of the mandatory filing unit.

(d) In addition to the mandatory filing unit, at the time of application, the department may include other related individuals residing in the same household, as provided in 7 AAC 45.335.

(e) When the parent of a minor parent applies for ATAP benefits on behalf of a dependent child who is a minor parent, the dependent child of the minor parent is considered an optional member of the household and may be included in the ATAP assistance unit, as provided in 7 AAC 45.335, as long as all three individuals are living in the same household.

(f) In this section, "brothers and sisters" means siblings related by blood or adoption who are themselves dependent children, and includes half-brothers and half-sisters, but excludes stepbrothers and stepsisters.

History: Eff. 8/5/92, Register 123; am 7/1/97, Register 142; am 10/1/97, Register 143; am 1/7/2005, Register 173

Authority: AS 47.05.010

AS 47.27.005

AS 47.27.020


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Last modified 7/05/2006