Title 7 . Health and Social Services

Chapter 45 . Hearings

Section 325. Availability of income

7 AAC 45.325. Availability of income

(a) In determining eligibility for ATAP benefits, the only money the department will consider to be income to an ATAP assistance unit is money that is

(1) received by a member of the assistance unit; or

(2) available to meet the needs of a member of the assistance unit in the month for which the department is determining need.

(b) Except as otherwise provided in this chapter, the department will determine the availability of income to an ATAP assistance unit as follows:

(1) money received by a parent who resides with that parent's dependent child is totally available to the dependent child;

(2) the income of a caretaker relative other than a parent is available to the caretaker relative, but not available to the dependent child in the assistance unit;

(3) the income of a dependent child is available to the assistance unit if the child is included in the assistance unit;

(4) the income of a dependent child is available to the assistance unit if the child is a member of the mandatory filing unit in accordance with 7 AAC 45.195, and

(A) does not receive ATAP benefits because the caretaker relative has refused benefits for that child;

(B) is being penalized for failure to comply with AS 47.27.027 or 7 AAC 45.227(j) ;

(C) repealed 10/1/2001;

(D) is ineligible for failure to fulfill an eligibility requirement of this chapter, including participating in a strike under 7 AAC 45.265, Social Security enumeration under 7 AAC 45.255, or development of income under 7 AAC 45.320;

(5) the income of a dependent child is not available to the assistance unit if the dependent child is

(A) receiving SSI, unless included in the assistance unit under 7 AAC 45.515;

(B) ineligible for ATAP due to alien status under 7 AAC 45.215;

(C) ineligible for ATAP due to the availability of a sponsor's resources or income as determined under 7 AAC 45.290 or 7 AAC 45.465;

(D) ineligible for ATAP because the dependent child is sponsored by an agency or organization as determined under 7 AAC 45.215; or

(E) not a member of the mandatory filing unit under 7 AAC 45.195 and, therefore, removed from the assistance unit by the caretaker relative; the unavailable income of the removed child includes any amount that another state or federal agency administering an assistance program reports as belonging to that child even if that child's money is combined with money for another individual in a single check;

(6) money received by a spouse is available to the other spouse if the couple lives together;

(7) subject to the provisions of 7 AAC 45.465, the earned or unearned income of a legally married stepparent is available to meet the needs of that stepparent's spouse and stepchild if the stepparent

(A) resides with the members of the assistance unit; and

(B) does not receive SSI, APA, or ATAP benefits;

(8) a deposit made by an individual who is not a member of the ATAP economic unit into an account held jointly by that depositor and an applicant or recipient, is available income in the month of the deposit if

(A) the account requires the signature of only one of the account holders to withdraw money; and

(B) the money is not considered an exempt resource under 7 AAC 45.300, 7 AAC 45.301, or 7 AAC 45.310;

(9) subject to the provisions of 7 AAC 45.465, the income and resources of the sponsor of an alien who was admitted after March 31, 1980 and who has applied for ATAP benefits, is available to the alien for three years after the alien enters the United States, even if the sponsor agreement is revoked; this paragraph does not apply to Indochinese, Haitian, and Cuban refugees whose status has been changed to that of lawful temporary resident, or aliens granted political asylum or temporary parole status by the Attorney General of the United States;

(10) repealed 10/1/2001.

(c) For the purpose of determining the availability of income to an ATAP assistance unit, the department will disregard the income of an individual who resides with, but who is not legally or financially responsible for, a member of the assistance unit, even if the individual regularly purchases items for a member of the assistance unit. The department will, however, count any direct cash contribution that an individual makes to anyone in the assistance unit as income to that assistance unit member.

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

Authority: AS 47.05.010

AS 47.27.005