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Title 7 . Health and Social Services
Chapter 45 . Hearings
Section 285. Availability of resources to dependent child

7 AAC 45.285. Availability of resources to dependent child

(a) In determining eligibility for ATAP benefits, the department will include a resource in the determination only if the resource is actually available to meet the needs of the dependent child.

(b) If real property owned by an applicant has a value in excess of the resource limit, the applicant is eligible for ATAP benefits only if the applicant provides verification that the property is not available to meet the needs of the dependent child because

(1) the applicant has an undivided fractional interest in the property with another person who is not an applicant or recipient of ATAP benefits and who will not agree to sell that interest; or

(2) the property has uncorrectable legal or physical defects that prevent its sale.

(c) An Alaska permanent fund dividend, plus accrued interest, that is held in trust by the State of Alaska for a child in the legal custody of the department is an unavailable resource; it becomes an available resource when released to the child or the child's caretaker relative.

History: Eff. 8/5/92, Register 123; am 10/1/97, Register 143; am 1/14/2000, Register 153; am 10/1/2001, Register 159; am 1/7/2005, Register 173

Authority: AS 47.05.010

AS 47.27.005

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Last modified 7/05/2006