7 AAC 45.220. State residency

(a) An applicant must be a resident of the state to be eligible for ATAP benefits.

(b) Except as otherwise provided, in this section "resident of the state" means an individual physically present in the state and living in the state voluntarily with the intention of making a home in the state. The department will consider a child who is present in the state to be a resident of the state if the child is living in the state with a caretaker relative who is also a resident under this section.

(c) The department will consider an individual, such as a migrant worker, who may plan to leave the state after a short period of time, to be a resident if that individual

(1) lives in the state on the date of application;

(2) is not receiving public assistance from another state; and

(3) entered the state with employment, or the intent to find employment, regardless of whether the individual is actually employed at the time of application.

(d) The department may consider an applicant who has recently arrived in the state and who is receiving assistance from another state to meet the residency requirement of this section; however, the department will not pay ATAP benefits until eligibility in the other state is terminated.

(e) Once an applicant or recipient has satisfied the residency requirement of this section, the applicant or recipient is considered a resident of the state until the applicant or recipient abandons residency. An applicant or recipient who is temporarily absent from the state for no more than two months is not considered to have abandoned residency if the absence

(1) is for a specific purpose;

(2) does not involve an intent to change residence; and

(3) includes a plan to return to the state at a future date.

(f) An applicant or recipient who is absent from the state for a period longer than two months will not be considered to have abandoned residency if the absence does not involve an intent to change residence, includes a plan to return to the state at a future date, is approved in advance by the department, and is for one of the following purposes:

(1) obtaining essential medical care not available in the state;

(2) participation in an activity, treatment, training, or educational activity approved by the department.

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

Authority: AS 47.05.010

AS 47.27.005

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