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(a) Except as provided in (c) of this section, a person who lives within the service area of a tribal or Native family assistance program operated under 42 U.S.C. 612 or AS 47.27, and is a member of the service population eligible to be served by that program, is not eligible to receive assistance under ATAP. If that person applies for or is receiving assistance from ATAP, the department will take one of the following actions:
(1) the department will not accept an application for ATAP from the person;
(2) the department will deny any pending application for ATAP for the person;
(3) the department will terminate the person from participation in ATAP.
(b) If the department takes action under (a) of this section, the department will immediately refer the person to the appropriate tribal or Native family assistance program to apply for and pursue benefits under that program.
(c) A family that lives within the service area of a tribal or Native family assistance program operated under 42 U.S.C. 612 or AS 47.27, and is a member of the service population eligible to be served by that program, qualifies for ATAP assistance under the special circumstances provision in AS 47.27.200 (k) if the caretaker relative has chosen not to claim tribal affiliation, and has not previously received tribal services.
(d) Special circumstances do not exist if the family is ineligible for assistance or will receive a reduced benefit under a tribal or Native family assistance program because the eligibility requirements of that program differ from ATAP eligibility requirements.
History: Eff. 11/10/2005, Register 176
Authority: AS 47.05.010
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Last modified 7/05/2006