Title 7 . Health and Social Services

Chapter 47 . Hearings

Section 345. Income exclusions

7 AAC 47.345. Income exclusions

(a) Certain types of income, excluded under the APA program in 7 AAC 40, are also excluded under this chapter in determining the total monthly income of an individual described in 7 AAC 47.330, together with spousal income, if any, under 7 AAC 47.360, including

(1) cash or other property received from the sale, exchange, or other disposition of a resource;

(2) the premium payment for supplementary medical insurance under Title XVIII of the Social Security Act (42 U.S.C. 1395s), if paid by a third party;

(3) the value of any third-party payment for medical care or medical services, including payment for room and board furnished during medical confinement;

(4) the value of any support and maintenance furnished in kind;

(5) the value of any social services furnished by a governmental or private agency;

(6) income tax refunds;

(7) the amount of any ordinary and necessary expense incurred in getting or receiving unearned income, except for income tax;

(8) the amount of any ordinary and necessary expense of operating and maintaining property that is producing rent, except for depreciation and acquisition costs other than interest;

(9) $1,500 of the proceeds of any life insurance policy or the amount spent by the beneficiary of the policy on the insured's last illness and burial, whichever is less;

(10) any income that would be excluded under 7 AAC 47.355 if the income were considered to be a resource;

(11) any taxes on real property or food refunded by a public agency;

(12) any portion of a grant, scholarship, or fellowship that is not made or insured by the United States Department of Education but is used to pay for tuition, fees, books, or supplies at an educational institution;

(13) the value of any agricultural products or foodstuffs obtained through subsistence activities, if not obtained through a trade or business, and consumed by the individual or that person's immediate family;

(14) any earned income that does not exceed $10 a month and either is received less frequently than twice a quarter or cannot be reasonably anticipated;

(15) any unearned income that does not exceed $20 a month and either is received less frequently than twice a quarter or cannot be reasonably anticipated;

(16) payments made under AS 47.45 (Alaska Longevity Bonus);

(17) payments for the foster care of a child who is ineligible for SSI or assistance under 7 AAC 40 (Adult Public Assistance);

(18) one-third of any income received by a child from an absent parent; in this paragraph, "child" includes a person who is not married, not the head of a household, and either under 18 or under 22 and attending a school, college, university, or course of vocational or technical training to prepare for gainful employment;

(19) $1,200 a calendar quarter, not to exceed $1,620 a year, of the earned income of a person under 22 with a disability, including blindness, who regularly attends school, as provided in 20 C.F.R. 416.1112;

(20) $65 a month of any earned income plus one-half of the remainder;

(21) the amount of any expenses for aid to the blind that are reasonably attributable to the earning of income;

(22) income needed to fulfill a plan for achieving self-support that has been approved by the Social Security Administration or by the division of vocational rehabilitation;

(23) the first $20 a month of income, earned or unearned, other than unearned income based on need;

(24) a permanent fund dividend issued under AS 43.23;

(25) veterans' benefits paid under 38 U.S.C. 1110 or 38 U.S.C. 1131;

(26) compensation to volunteers under the federal retired and senior volunteers, foster grandparents, and senior companion programs (42 U.S.C. 5001, 42 U.S.C. 5011, and 42 U.S.C. 5013, respectively), in accordance with 42 U.S.C. 5044(f);

(27) federal World War II restitution payments made under 50 U.S.C. App. l989b-4 and l989c-5;

(28) payments under AS 18.67 (crime victim compensation);

(29) Agent Orange Settlement Fund payments made under P.L. 101-201 and sec. 10405 of P.L. 101-239;

(30) burial spaces owned by the individual and intended for use by the individual or the individual's spouse or dependent; and

(31) the income of the individual's spouse, if any, that is protected under 7 AAC 47.360 and, if the spouse's income is less than $2,000 a month, so much of the individual's income as will bring the spouse's income up to $2,000 a month.

(b) The exclusions in (a) of this section apply first to unearned income and then to earned income in the order in which they are listed. Unless otherwise specified, income excluded in this section is not included as a resource.

History: Eff. 6/28/2002, Register 162

Authority: AS 47.05.010

AS 47.25.120

AS 47.25.130