7 AAC 45.450. Determining proration period of self-employment income

(a) The department will prorate adjusted gross self-employment income, as determined under 7 AAC 45.445(i) , over

(1) a 12-month period if the yearly adjusted gross self-employment income exceeds 185 percent of the federal poverty guidelines for this state for the size of the family;

(2) the months of the normal season of work, or the months a self-employed individual is reasonably expected to work over a 12-month period, if the yearly adjusted gross self-employment income is equal to or less than 185 percent of the federal poverty guidelines for this state for the size of the family, and the self-employment income is available to the individual during the period of self-employment; or

(3) a number of months equal to the number of months of self-employment if the yearly adjusted gross self-employment income is equal to or less than 185 percent of the federal poverty guidelines for this state for the size of the family, and the self-employment income is not available to the individual during the period of self-employment; the proration under this paragraph begins the first month the family receives the income, or the month after the department provides the family with notice of proposed agency action under 7 AAC 49.060.

(b) For purposes of this section, the federal poverty guidelines for this state, published at 69 Fed. Reg. 7336 - 7338 (February 13, 2004), are adopted by reference.

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

Editor's note: The Federal Register referred to in this section may be obtained through the nearest public library. If the Federal Register is not available at that library site, the material can be obtained by that library through the interlibrary loan system.

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