Title 7 . Health and Social Services

Chapter 45 . Hearings

Section 380. Certain exempt income

7 AAC 45.380. Certain exempt income

(a) When determining ATAP eligibility or payment amount, the department will not consider the value of the following items as income to a member of an ATAP economic unit:

(1) the value of home produce that is consumed by the members of a household, including farm or garden crops and home canned foods;

(2) the value of food donated to a household by the United States Department of Agriculture;

(3) the value of supplemental food assistance provided to a household under 42 U.S.C. 1786 (Child Nutrition Act of 1966, Women Infants Children Program), and the special food service program for children under 42 U.S.C. 1751 - 1769e (National School Lunch Act);

(4) the value of any benefits received by anyone in a household under 42 U.S.C. 3056 (P.L. 89-73; Nutrition Program for the Elderly, Title VII of the Older Americans Act of 1965);

(5) a payment received under 42 U.S.C. 4636 (P.L. 91-646; Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970);

(6) a payment made to or held in trust for, a member of an Indian tribe under 25 U.S.C. 1261 (P.L. 92-254); 25 U.S.C. 459 - 459e (P.L. 94-114); 25 U.S.C. 1401 - 1408 (P.L. 93-134, as amended; and 25 U.S.C. 117a - 117c (P.L. 98-64);

(7) $2,000 or less per year of cash distributed to an Alaska Native and that Alaska Native's descendants under ANCSA; any amount in excess of $2,000 in a calendar year is nonexempt income; if an individual receives cash distributions from one or more ANCSA corporations, the combined total amount of those distributions that exceeds $2,000 in a calendar year is nonexempt income;

(8) the amount of an educational grant, scholarship, or other award made to an undergraduate student for educational purposes under any program administered, funded or insured under 20 U.S.C. 1070 - 1089 (Title IV of the Higher Education Act of 1965; P.L. 89-329, as amended), or under a United States Bureau of Indian Affairs student assistance program;

(9) the amount of an educational grant, scholarship, or other award for educational purposes that is not made under any program administered, funded, or insured under 20 U.S.C. 1070 - 1089c-1 (Title IV of the Higher Education Act of 1965; P.L. 89-329, as amended), or under a United States Bureau of Indian Affairs student assistance program, but that is awarded or used under conditions that preclude its use for current living costs;

(10) an educational, personal, commercial, or other loan in which the borrower has an obligation to repay, expresses an intent to repay, and can supply the department with documentation that proves it is a bona fide loan;

(11) income earned from employment in a work-study program while attending a college or university;

(12) a payment for supportive services or reimbursement of out-of-pocket expenses, such as lunches or transportation, made to an individual volunteer serving in a program under 42 U.S.C. 5000 - 5028a (Title II of the Domestic Volunteer Service Act of 1973, P.L. 93-113), including foster grandparent and senior companion programs;

(13) a payment made in the form of salary, wages, or reimbursement for expenses to a Vista volunteer under 42 U.S.C. 4951 - 4995 (Title I of the Domestic Volunteer Service Act of 1973, P.L. 93-113);

(14) payments made to, or on behalf of, a member of an ATAP economic unit by the division of vocational rehabilitation (DVR), Department of Labor and Workforce Development, or by the United States Department of Veterans' Affairs for purposes related to vocational rehabilitation DVR training programs in which the individual is enrolled;

(15) a foster care or adult foster care payment made to a caretaker relative by the department for the care for a foster child or foster adult who is not in the assistance unit;

(16) a boarding home payment made by the state, a local government, or a school board, for the purpose of providing care for a student who is not eligible to receive ATAP benefits while that student is attending school;

(17) unearned income that is paid in a form other than in cash, through the exchange of something of value, if that contribution or gift is made in such a way that cash does not pass through the hands of any member of the ATAP economic unit; however, the full or partial compensation for services performed by a member of the economic unit, is earned income under 7 AAC 45.375(a) ;

(18) an experimental housing allowance program payment;

(19) a payment made to, or on behalf of, a member of an ATAP economic unit by the department's heating assistance program under 7 AAC 44, including energy assistance payments made by an Alaska tribal organization or the Alaska Housing Finance Corporation;

(20) contributions from a private, non-profit, charitable organization, up to $300 a quarter;

(21) a United States Internal Revenue Service Earned Income Tax Credit (EITC);

(22) restitution payments made to Aleuts or individuals of Japanese ancestry under 50 U.S.C. App. 1989 - 1989d (P.L. 100 - 383);

(23) federal major disaster and emergency assistance provided to individuals and families under 42 U.S.C. 5121 - 5204c (Disaster Relief Act of 1974; P.L. 93-288, as amended), and comparable disaster assistance provided by the state, local government, or a disaster assistance organization;

(24) repealed 10/1/93;

(25) that portion of any type of benefit payment that is withheld, or received and returned, to repay a prior overpayment from that same income source;

(26) income earned from participation in a youth activity operated under 29 U.S.C. 2854 (sec. 129 of the WIA);

(27) unearned income received as a single payment from a source that is not likely in the foreseeable future to make further payments to the recipient.

(28) compensation paid under AS 18.67 or a similar program established by another state or by the federal government to aid a victim of a violent crime;

(29) money from a public or private agency that is deposited into an individual development account that meets the requirements of 42 U.S.C. 604(h) (sec 404(h) of the Social Security Act), including interest earned on that account.

(b) Except as otherwise provided in this chapter, a payment from another public assistance program is income, even if the payment does not go directly to a member of an ATAP economic unit, but is paid by the agency directly to a vendor who provides an item or service to a member of an ATAP economic unit. Vendor payments from the heating assistance program, SSI income, and APA assistance under 7 AAC 45.390(c) are not income.

History: Eff. 8/5/92, Register 123; am 10/1/93, Register 127; am 10/1/97, Register 143; am 10/1/99, Register 151; am 10/1/2001, Register 159; am 1/7/2005, Register 173

Authority: AS 47.05.010

AS 47.27.005