Title 7 . Health and Social Services

Chapter 45 . Hearings

Section 465. Determining income of the sponsor of an alien, stepparent, and disqualified alien

7 AAC 45.465. Determining income of the sponsor of an alien, stepparent, and disqualified alien

(a) In determining the income eligibility of an alien applicant as identified in 7 AAC 45.215, the department will treat the income of an alien's sponsor by considering that the monthly income available to the alien from the sponsor and the sponsor's spouse not receiving ATAP benefits or SSI is

(1) the total monthly unearned and earned income of the sponsor and the sponsor's spouse reduced by 20 percent, not to exceed $175, of the total of any amounts received by the sponsor and the sponsor's spouse in the month as wages or salary or as net earnings from self-employment; and

(2) the amount described in (1) of this subsection, reduced by

(A) the need standard described in 7 AAC 45.520(a) for a family of the same size and composition as the sponsor and those other people living in the same household as the sponsor who are or could be claimed by the sponsor as dependents to determine the sponsor's federal personal income tax liability but whose needs are not taken into account in making a determination under this chapter;

(B) any amounts actually paid by the sponsor or sponsor's spouse to people not living in the household who are or could be claimed by the sponsor or the sponsor's spouse as dependents to determine federal income tax liability; and

(C) actual payments of alimony, spousal support, or child support, with respect to individuals not living in the household.

(b) In determining the income eligibility of an assistance unit that does not include a stepparent, the department will count as monthly income available to the assistance unit the total monthly income of the stepparent of a dependent child included in the assistance unit who is living in the household with the child after applying the following deductions:

(1) the first $90 of the gross earned income in the month of the stepparent;

(2) an additional amount for the support of the stepparent and any other individuals who are living in the home, but whose needs are not taken into account in making the ATAP eligibility determinations except for penalized individuals who are required to be included in the assistance unit but have failed to comply with the requirements of AS 47.27 and this chapter and are or could be claimed by the stepparent as dependents for purposes of determining the stepparent's federal personal income tax liability; this deducted amount equals the need standard in 7 AAC 45.520(a) for a family of the same size as an assistance unit comprised of the stepparent and the number of dependents supported; if the stepparent does not support dependents outside the assistance unit, the monthly deduction is $589, adjusted each year as specified in 7 AAC 45.520(b) ;

(3) amounts actually paid by the stepparent to individuals not living in the home but who are or could be claimed by the stepparent as dependents for purposes of determining the stepparent's federal personal income tax liability; and

(4) payments by the stepparent of alimony, spousal support, or child support with respect to individuals not living in the household.

(c) The department will treat the income of an alien parent who is disqualified under 7 AAC 45.215(f) in the same way the income of a stepparent is treated under (b) of this section.

History: Eff. 8/5/92, Register 123; am 7/1/97, Register 142; am 1/7/2005, Register 173

Authority: AS 47.05.010

AS 47.27.005