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(a) Except as provided in (c) of this section, a child support payment made in cash is considered to be income for the purpose of determining eligibility for ATAP benefits and for determining the amount of an ATAP payment when that child support payment is actually received by
(1) an applicant between the first day of the month in which the application for ATAP benefits is received by the department and the date that payment of benefits is authorized; or
(2) a recipient after the date that payment of ATAP benefits is authorized.
(b) Except as provided in (c) of this section, once an individual has been authorized to receive an ATAP payment, any cash child support payment that is actually received by that individual or recipient must be turned over to the child support services agency.
(c) A recipient may keep up to $50 of a child support payment that is received directly by the recipient after the date on which ATAP benefits are authorized by the department. If a recipient keeps more than $50 of the total amount of direct child support payments received in one month, the amount in excess of $50 is considered unearned income.
(d) A recipient shall repay to the department any overpayment of ATAP benefits resulting from the retention of a child support payment. Keeping more than $50 of the total amount of direct child support payments actually received in one month is considered noncooperation under 7 AAC 45.245.
(e) A child support payment made by any means other than cash is not considered income under this section.
(f) A child support payment is considered income under this section whether the payment was made voluntarily or involuntarily.
(g) The department will report all child support payments to the child support services agency.
(h) In this section,"child support payment" means a child support payment that is assigned AS 47.27.040 and under 7 AAC 45.240.
History: Eff. 8/5/92, Register 123; am 10/1/97, Register 143; am 1/7/2005, Register 173
Authority: AS 47.05.010
Editor's note: As of Register 171 (October 2004), and acting under AS 44.62.125 (b)(6) and sec. 12, ch. 107, SLA 2004, the regulations attorney made technical changes to reflect the name change of the child support enforcement agency to the child support services agency made by sec. 1, ch. 107, SLA 2004.
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Last modified 7/05/2006