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(a) Except as otherwise provided in this section, every member of an assistance unit who appears eligible for benefits under one of the following programs must first apply for and pursue benefits under that program in order to be eligible for ATAP benefits:
(1) workers' compensation;
(2) social security disability, retirement, or survivor's benefits;
(3) United States Department of Veterans Affairs programs;
(4) civil service disability and retirement programs;
(5) railroad disability and retirement programs;
(6) government or private retirement programs; and
(7) Supplemental Security Income (SSI).
(b) Nothing in this section requires an applicant or recipient to apply for any other assistance program administered by the department, in order to be eligible for ATAP benefits.
(c) Repealed 7/1/97.
(d) An applicant or recipient who is not exempt from work activities requirements under 7 AAC 45.260 must apply for and accept any unemployment insurance benefits (UIB) that the applicant or recipient is entitled to receive. If, without good cause, an applicant or recipient fails to apply for and accept UIB within 10 days after the date the department sent written notice under (e) of this section, the department will notify the applicant or recipient, in accordance with (g) of this section that the entire assistance unit will become ineligible.
(e) The department will identify an applicant's or recipient's potential eligibility for one of the programs identified in (a) and (d) of this section and advise the applicant or recipient in writing to apply for benefits through that program.
(f) If, without good cause, an applicant or recipient fails to actively pursue income under (a) and (d) of this section within 30 days after the date the department sent written notice under (e) of this section, the department will notify the applicant or recipient, in accordance with (g) of this section, that the
(1) entire assistance unit will become ineligible for ATAP benefits as long as the applicant or recipient is a member of the mandatory filing unit; or
(2) applicant or recipient, and the applicant's or recipient's spouse, will become ineligible for ATAP benefits if the applicant or recipient is not a member of the mandatory filing unit.
(g) If, after the time period specified in (d) and (f) of this section, an applicant or recipient fails to meet the requirements of (a) and (d) of this section, the department will notify the applicant or recipient that ATAP benefits will be discontinued. An applicant or recipient has 10 days after the date this notice is sent to comply with the requirements of this section or provide evidence of good cause for failure to comply with those requirements.
(h) Repealed 7/1/97.
(i) Repealed 11/10/2005.
(j) Repealed 11/10/2005.
(k) In this section
(1) "apply for" means actively pursuing the benefits of an assistance program by complying with all application and program requirements;
(2) "good cause" is determined by the department and may include
(A) weather conditions that prevent an applicant or recipient from having access to a Department of Labor and Workforce Development office;
(B) weather conditions that cause a mail delay;
(C) an applicant's or recipient's lack of personal or public transportation;
(D) illness of the applicant or recipient, or a member of the applicant's or recipient's household; or
(E) the applicant or recipient has a family emergency, including a death in the family.
History: Eff. 8/5/92, Register 123; am 7/1/97, Register 142; am 12/6/98, Register 148; am 12/7/2002, Register 164; am 1/7/2005, Register 173; am 11/10/2005, Register 176
Authority: AS 47.05.010
Editor's note: As of Register 151 (October 1999), the regulations attorney made technical revisions under AS 44.62.125 (b)(6) to reflect the name change of the Department of Labor to the Department of Labor and Workforce Development made by ch. 58, SLA 1999 and the corresponding title change of the commissioner of labor.
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Last modified 7/05/2006