7 AAC 47.360. Spousal income and resources

(a) Subject to allowable exclusions, the income and resources of a spouse who is living with an individual seeking assistance under 7 AAC 47.300 - 7 AAC 47.525 are considered available to the individual for purposes of computing the amount of the individual's income under 7 AAC 47.365. The department will apply the standards to prevent spousal impoverishment established under the Medicaid requirements of 42 U.S.C. 1396r-5 (Title XIX of the Social Security Act, as amended) or a regulation adopted under that statute.

(b) If the individual lives with a spouse and the income of that spouse is considered available to the individual under (a) of this section, certain types of income of the spouse, excluded under the APA program in 7 AAC 40, are also excluded under this chapter in determining the total monthly income, including

(1) the amount of any financial assistance furnished by a state, political subdivision of a state, or the United States on the basis of need, and the amount of any income taken into account in determining eligibility for and amount of that assistance;

(2) a grant, scholarship, or fellowship to the extent used to pay tuition or fees to an educational institution;

(3) payments received for the foster care of a child who is ineligible for SSI or assistance under 7 AAC 40;

(4) the value of food stamps, United States Department of Agriculture donated foods, and home produce and subsistence foodstuffs obtained for personal consumption;

(5) income tax refunds and any taxes on real property or food refunded by a public agency;

(6) any income used to comply with a court order of child support and support payments made under Title IV-D of the Social Security Act (42 U.S.C. 654);

(7) the value of any support and maintenance furnished to a spouse, parent, spouse of a parent, or children who reside with the individual seeking assistance and are ineligible for SSI or assistance under 7 AAC 40;

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

(9) 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;

(10) income that is not listed in this subsection, but is excluded under 7 AAC 47.345(a) (1) - (30).

History: Eff. 11/23/80, Register 76; am 1/14/2000, Register 153; am 6/28/2002, Register 162

Authority: AS 47.05.010

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