7 AAC 45.970. Penalties for refusal or voluntary termination of employment

(a) If an adult applicant or a custodial parent or caretaker refuses or voluntarily terminates suitable employment, as defined in 7 AAC 45.990, without good cause, as described in 7 AAC 45.261, within 60 days before submitting an application for ATAP benefits, a rebuttable presumption is established that the assistance unit's demonstrated need for ATAP benefits is due to that refusal or termination, and the department will impose upon the assistance unit the appropriate period of ineligibility under AS 47.27.015 (c). If the individual's refusal or voluntary termination occurs 60 or more days before submitting the application for ATAP benefits, this presumption and the period of ineligibility do not apply.

(b) Termination of self-employment or a subsistence activity is not considered a voluntary separation under AS 47.27.015 (c).

(c) If the individual is one who must be included in the assistance unit as a mandatory filing unit member under 7 AAC 45.195, the ineligibility described in AS 47.27.015 (c) applies to that assistance unit. If the individual is not one who must be included in the assistance unit under 7 AAC 45.195, the ineligibility applies only to that individual. In the latter case, in determining the ATAP benefit for any remaining assistance unit member, the department will not include the income and resources of the individual who is not a member of the mandatory filing unit.

(d) For the purposes of enforcing the period of ineligibility under AS 47.27.015 (c), a month is considered 30 calendar days. For an applicant, the period begins on the date that suitable employment is refused or voluntarily terminated. If an applicant refuses or voluntarily terminates employment after the date of application but before eligibility is determined, the period begins on the date of application. For a recipient, the period begins on the first of the month following the month in which the department provides the recipient with a notice of proposed agency action in accordance with 7 AAC 49.060. Once begun, the period of ineligibility runs uninterrupted until the period expires.

(e) If the department determines that an individual's termination from suitable employment was caused by action or inaction within the individual's control, the department will consider the termination as a voluntary separation under AS 47.25.015 , and the department will enforce the period of ineligibility specified in AS 47.27.015 (c).

(f) If an individual subject to a period of ineligibility moves out of the household, the department will recalculate the amount of ATAP benefits available to the assistance unit, based on a determination of need. The period of ineligibility follows the penalized individual who moves into another ATAP household, and the department will then recalculate the amount of that assistance unit's ATAP benefits in accordance with (c) of this section.

History: Eff. 7/1/97, Register 142; am 10/1/2001, Register 159; am 1/7/2005, Register 173

Authority: AS 47.05.010

AS 47.27.005

AS 47.27.015

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