7 AAC 45.290. Resources of caretaker relative, dependent child, stepparent, and sponsor

(a) To determine whether an assistance unit's resources exceed the resource limit in 7 AAC 45.280, the department will consider the following factors:

(1) what nonexempt resources the caretaker relative has;

(2) whether the caretaker relative's nonexempt resources are assumed, under this chapter, to be available to the dependent children;

(3) what nonexempt resources the dependent child has in the child's own right;

(4) whether the total nonexempt resources available to the assistance unit are exactly equal to or less than the resource limit.

(b) The department will consider the resources of a dependent child to be available to the assistance unit under the same circumstances as it considers the dependent child's income to be available under 7 AAC 45.325(b) (3) - (5).

(c) Except as otherwise provided in this chapter, if a dependent child is living with a parent all of the resources available to the parent are considered to be equally available to the dependent child. If the dependent child is living with a caretaker relative who is not a parent, the resources belonging to that caretaker relative are not considered to be available to the dependent child.

(d) Except as specified in (f) of this section, all of the resources of a husband or wife are considered to be available to the other spouse if that couple lives together.

(e) The resources of a stepparent are not considered to be available to the stepchild, even if

(1) the stepchild and the stepparent live in the same house;

(2) the stepparent has assumed the responsibilities of a parent; or

(3) the stepparent has claimed the stepchild as a deduction or exemption for income tax purposes.

(f) If the parent and stepparent are living together, the separate resources of the parent are not considered to be available to the stepparent, and the separate resources of the stepparent are not considered to be available to the parent.

(g) The resources of a minor parent's parent are not considered to be available to the minor parent.

(h) Except as provided in (k) of this section, if an individually sponsored alien lawfully admitted into the United States, applies for ATAP benefits, the resources of the sponsor and the sponsor's spouse, if living with the sponsor, are considered to be available to meet the alien's needs for a period of three years after the alien's entry into the United States. For the purposes of this section, a person remains a sponsor even if that person officially withdraws support with the United States Immigration and Naturalization Services. When determining the availability of a sponsor's resources to meet the needs of an alien, the total resources of the sponsor, and the sponsor's spouse, if living with the sponsor, that are available at any time on the first day of the month are considered to be available to the sponsored alien, less $1,500. The total available resources of the sponsor are determined as if the sponsor were applying for ATAP benefits. If an individual is the sponsor of two or more aliens, those total resources are considered to be available to each sponsored alien in equally divided amounts.

(i) Notwithstanding (h) of this section, the resources of the sponsor and the sponsor's spouse, if living with the sponsor, are not considered to be available to an alien if the sponsor or sponsor's spouse receives supplemental security income.

(j) An alien shall, in cooperation with the sponsor, provide the department with any information and documentation necessary to determine the sponsor's resources.

(k) An alien identified in 7 AAC 45.215(g) (2), who is a refugee, parolee, was granted political asylum, or is a Cuban or Haitian entrant is excluded from the provisions of this section.

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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