reglab/statecodes huggingface dataset:
Alaska Administrative Code › Title 7 - Health and Social Services › Part 3 - Public Assistance and Medical Assistance › Chapter 45 - Alaska Temporary Assistance Program › 7 AAC 45.261 - Good cause: employment, FSSP, work activity, income reduction

Current through May 31, 2024
(a) For the
				purposes of determining "good cause" under
				AS
				47.27.015(c) (refusal of or
				voluntary separation from suitable employment),
				AS
				47.27.085(a) (failure to
				comply with a condition of the FSSP under
				AS
				47.27.030 and failure to participate in work
				activities under
				AS
				47.27.035), and
				7 AAC 45.495(a) (reduction of income),
				the following circumstances may constitute good cause:
(1) the recipient is a single parent of a
				child under age six years and child care is not appropriate or available, as
				specified in
				AS
				47.27.035 and defined in
				7 AAC 45.260;
(2) participation would interfere with the
				recipient's attempt, or the attempt by a member of the recipient's immediate
				family, to escape domestic violence or its escalation;
(3) the limited strength and stamina of a
				recipient over age 59;
(4) a sudden
				and temporary situation beyond the control of the family, affecting health of a
				member or ability to comply, including family illness or death or tragedies of
				nature;
(5) the recipient must
				appear in court or serve on a jury;
(6) is in detention under
				AS
				47.12.240 or incarcerated;
(7) necessary transportation breaks down or
				otherwise becomes unavailable, and the recipient lacks a reasonable
				alternative;
(8) weather conditions
				prohibit travel;
(9) the recipient
				accepts a job with gross wages and employee benefits equal to or greater than
				those at the job left;
(10) the
				recipient is separated from paid employment for a reason outside the
				recipient's control and not due to the recipient's action or
				inaction;
(11) the recipient's
				wages are reduced for a reason outside the recipient's control and not due to
				the recipient's action or inaction;
(12) the job is available because of a labor
				dispute or is otherwise involved in a labor dispute;
(13) the work is more hazardous to the
				individual than to the average worker employed in a similar job;
(14) the wages do not meet the Alaska minimum
				wage requirement;
(15) the
				recipient cares for the recipient's child under 17 weeks of age;
(16) the recipient has been subjected to
				discrimination, in violation of
				AS
				18.80.220;
(17) the recipient refuses or voluntarily
				separates from employment to participate in an approved vocational education or
				training opportunity that is included in the FSSP;
(18) the recipient refuses or voluntarily
				leaves employment to accept employment included in the FSSP that might not
				initially provide wages and benefits equal to or greater than those at the job
				refused or left, but is more likely to provide greater gross wages and benefits
				in the future.
Alaska Administrative Code › Title 7 - Health and Social Services › Part 3 - Public Assistance and Medical Assistance › Chapter 45 - Alaska Temporary Assistance Program › 7 AAC 45.265 - Denial of benefits to strikers

Current through May 31, 2024
(a) An assistance
				unit is ineligible for ATAP benefits for any month in which a parent with whom
				the dependent child is living is participating in a strike on the last day of
				that month.
(b) If an individual
				who is part of an assistance unit, but is not a parent, is participating in a
				strike on the last day of a month, the following is not included in the ATAP
				eligibility determination and payment calculation for the assistance unit for
				that month:
(1) the financial or medical needs
				of the individual on strike; and
(2) the income and resources of the
				individual on strike.
Alaska Administrative Code › Title 7 - Health and Social Services › Part 3 - Public Assistance and Medical Assistance › Chapter 45 - Alaska Temporary Assistance Program › 7 AAC 45.266 - Diversion payments

Current through May 31, 2024
(a) If the department determines that a
				lump-sum diversion payment under
				AS
				47.27.026 would be appropriate to meet the
				needs of the family of an adult applicant for ATAP benefits under
				AS
				47.27.020, the department may offer to the
				applicant the option between
(1) the lump-sum
				diversion payment; and
(2) ongoing
				ATAP benefits.
Alaska Administrative Code › Title 7 - Health and Social Services › Part 3 - Public Assistance and Medical Assistance › Chapter 45 - Alaska Temporary Assistance Program › 7 AAC 45.270 - Family reporting requirement; changes; work activity participation

Current through May 31, 2024
(a) Each applicant
				who has filed an identifiable application under
				AS
				47.27.020, and each recipient, shall, within
				10 days after the applicant or recipient knows of a change described in (b) of
				this section, contact the department to report the change. If an applicant or
				recipient fails, without good cause, to report within the 10-day period any
				change described in (b) of this section that would decrease the payment or
				result in ineligibility, the department will deny a deduction from earned
				income under
				7 AAC 45.500, calculate the amount overpaid, and attempt
				to recoup the overpayment in accordance with
				7 AAC 45.570. If a change is not reported within the
				10-day period but is reported in time for the department to make the necessary
				adjustments in the ATAP payment, the department will find that no overpayment
				exists. A report may be submitted either in person, in a signed and dated
				writing, or by telephone.
(b) The
				following changes must be reported under (a) of this section:
(1) change in residence or mailing
				address;
(2) movement of a related
				person into or out of the household;
(3) change in the liquid resources of the
				household that causes the total liquid resources of the household to exceed
				$2,000;
(4) acquisition of a motor
				vehicle;
(5) change of $25 or more
				of unearned income, or change in the source of unearned income, received by a
				member of the ATAP economic unit;
(6) change in the employment of any member of
				the ATAP economic unit if
(A) the individual
				starts or stops a job or self-employment;
(B) the individual's rate of pay changes;
				or
(C) the individual's employment
				status changes from part-time to full-time or from full-time to
				part-time;
(7) change in
				the household's responsibility to pay any shelter cost because of a change in
				residence;
(8) change in the
				household's responsibility to pay child support.
Alaska Administrative Code › Title 7 - Health and Social Services › Part 3 - Public Assistance and Medical Assistance › Chapter 45 - Alaska Temporary Assistance Program › 7 AAC 45.271 - Reporting child's absence from home

Current through May 31, 2024
(a) In addition to
				the reporting requirements in
				7 AAC 45.270, a caretaker relative shall report a
				dependent child's absence from the home within five days after the date that it
				becomes clear to the caretaker relative that the dependent child will be absent
				from the home for more than one month. This report may be submitted
(1) in person, in a signed and dated
				writing;
(2) by phone; or
(3) by electronic means approved by the
				department.
Alaska Administrative Code › Title 7 - Health and Social Services › Part 3 - Public Assistance and Medical Assistance › Chapter 45 - Alaska Temporary Assistance Program › 7 AAC 45.275 - Determination of financial need

Current through May 31, 2024
(a) A caretaker
				relative and dependent child applying for assistance under this chapter are
				eligible for ATAP benefits if the caretaker relative and dependent child are
				financially needy. To determine financial need the department will, according
				to the provisions of AS 47.27 and this chapter, determine
(1) who lives with the dependent
				child;
(2) who, if any, of the
				individuals living with the dependent child is responsible for the child and if
				that person's income and resources are automatically available to the child;
				this determination establishes which individuals in the household, in addition
				to the dependent child, are members of the ATAP economic unit;
(3) if the child is financially needy in the
				child's own right; and
(4) if any
				of the individuals in the household is legally or financially responsible for
				the dependent child's caretaker relative, including whether the
(A) income and resources of an individual
				must be assumed to be available to the caretaker relative; and
(B) caretaker relative is financially
				needy.
Alaska Administrative Code › Title 7 - Health and Social Services › Part 3 - Public Assistance and Medical Assistance › Chapter 45 - Alaska Temporary Assistance Program › 7 AAC 45.276 - Native family assistance program; special circumstances

Current through May 31, 2024
(a) Except as
				provided in (c) of this section, a person who lives within the service area of
				a tribal or Native family assistance program operated under
				42 U.S.C.
				612 or AS 47.27, and is a member of the
				service population eligible to be served by that program, is not eligible to
				receive assistance under ATAP. If that person applies for or is receiving
				assistance from ATAP, the department will take one of the following actions:
(1) the department will not accept an
				application for ATAP from the person;
(2) the department will deny any pending
				application for ATAP for the person;
(3) the department will terminate the person
				from participation in ATAP.
Alaska Administrative Code › Title 7 - Health and Social Services › Part 3 - Public Assistance and Medical Assistance › Chapter 45 - Alaska Temporary Assistance Program › 7 AAC 45.277 - Review and redetermination

Current through May 31, 2024
(a) Upon receipt of
				information from any source that indicates that a change in circumstances
				affecting an applicant's eligibility or amount of assistance may have occurred,
				the department will investigate and, if necessary, adjust the amount of
				assistance or suspend or terminate assistance in accordance with
				7 AAC 49.060.
(b) At least once each calendar year, or more
				frequently as circumstances warrant, the department will require each
				recipient, or the person acting on the recipient's behalf under
				7 AAC 45.157, to complete a review application and
				furnish documentation to support it. The department will
(1) notify the recipient or the person acting
				on the recipient's behalf that a review of the recipient's eligibility is due;
				and
(2) specify the deadline for
				submitting the review application.
Alaska Administrative Code › Title 7 - Health and Social Services › Part 3 - Public Assistance and Medical Assistance › Chapter 45 - Alaska Temporary Assistance Program › 7 AAC 45.280 - Resource limit

Current through May 31, 2024
(a) An assistance unit is not eligible for
				ATAP benefits if the assistance unit has nonexempt resources with a total
				value, as determined under
				7 AAC 45.310, in excess of $2,000 or, if the assistance
				unit includes an individual age 60 or older, $3,000. Resources are determined
				to be exempt or nonexempt in accordance with
				7 AAC 45.300 and
				7 AAC 45.301.
(b) Eligibility under (a) of this section is
				determined
(1) for an applicant, as of the
				date of the interview required by
				7 AAC 45.170(a);
(2) for a recipient, as of the first day of
				the month for which eligibility is being determined.
Alaska Administrative Code › Title 7 - Health and Social Services › Part 3 - Public Assistance and Medical Assistance › Chapter 45 - Alaska Temporary Assistance Program › 7 AAC 45.285 - Availability of resources to dependent child

Current through May 31, 2024
(a) In determining
				eligibility for ATAP benefits, the department will include a resource in the
				determination only if the resource is actually available to meet the needs of
				the dependent child.
(b) If real
				property owned by an applicant has a value in excess of the resource limit, the
				applicant is eligible for ATAP benefits only if the applicant provides
				verification that the property is not available to meet the needs of the
				dependent child because
(1) the applicant has
				an undivided fractional interest in the property with another person who is not
				an applicant or recipient of ATAP benefits and who will not agree to sell that
				interest; or
(2) the property has
				uncorrectable legal or physical defects that prevent its sale.
Alaska Administrative Code › Title 7 - Health and Social Services › Part 3 - Public Assistance and Medical Assistance › Chapter 45 - Alaska Temporary Assistance Program › 7 AAC 45.290 - Resources of caretaker relative, dependent child, stepparent, and sponsor

Current through May 31, 2024
(a) To determine whether an assistance unit's
				resources exceed the resource limit in
				7 AAC 45.280, the department will consider the following
				factors:
(1) what nonexempt resources the
				caretaker relative has;
(2) whether
				the caretaker relative's nonexempt resources are assumed, under this chapter,
				to be available to the dependent children;
(3) what nonexempt resources the dependent
				child has in the child's own right;
(4) whether the total nonexempt resources
				available to the assistance unit are exactly equal to or less than the resource
				limit.
Alaska Administrative Code › Title 7 - Health and Social Services › Part 3 - Public Assistance and Medical Assistance › Chapter 45 - Alaska Temporary Assistance Program › 7 AAC 45.295 - Public assistance households

Current through May 31, 2024
(a) In determining
				ATAP eligibility, the department will disregard the resources of an individual
				who is
(1) actually receiving adult public
				assistance (APA) or supplemental security income (SSI) benefits;
(2) living in the home of an applicant for
				ATAP benefits; and
(3) considered
				legally responsible for either the dependent child or the caretaker relative
				under state law, including this chapter.
Alaska Administrative Code › Title 7 - Health and Social Services › Part 3 - Public Assistance and Medical Assistance › Chapter 45 - Alaska Temporary Assistance Program › 7 AAC 45.301 - Pension plan as an exempt resource

Current through May 31, 2024
(a) The cash value
				of a pension plan of an employed applicant or recipient, other than an account
				or deferred compensation plan listed in (b) or (c) of this section, is
(1) an exempt resource if the applicant or
				recipient
(A) cannot immediately withdraw and
				use the money in the pension plan to meet the needs of the applicant's or
				recipient's family;
(B)
				demonstrates that the applicant or recipient has applied to have money in the
				pension plan made available to the applicant or recipient; and
(C) does not expect to receive the money
				during the month for which eligibility is determined;
Alaska Administrative Code › Title 7 - Health and Social Services › Part 3 - Public Assistance and Medical Assistance › Chapter 45 - Alaska Temporary Assistance Program › 7 AAC 45.305 - Conversion of resources

Current through May 31, 2024
(a) In the month in
				which one resource is converted to, or exchanged for, another resource, the
				newly-acquired resource is not considered income. The new resource will be
				considered in the same manner as other resources under this chapter.
(b) For purposes of this chapter, money
				received from a refund or reimbursement is considered a converted resource
				rather than income. Examples of conversion include:
(1) the refund of a rent deposit or rental
				cleaning deposit, where an unavailable and uncounted resource is converted to
				an available resource;
(2)
				merchandise returned in exchange for refund of the purchase price;
(3) money paid out for a repair, that is
				later refunded by the manufacturer under product warranty provisions;
(4) receipt of a federal or state income tax
				refund;
(5) reimbursement from an
				employer for out-of-pocket expenses related to work; and
(6) cash-in, by an individual not of
				retirement age, of that individual's paid-up entitlement to a past employment
				related retirement fund.
Alaska Administrative Code › Title 7 - Health and Social Services › Part 3 - Public Assistance and Medical Assistance › Chapter 45 - Alaska Temporary Assistance Program › 7 AAC 45.307 - Disqualification based on transfer of resources

Current through May 31, 2024
(a) If an adult in
				an assistance unit transfers an asset at less than fair market value within
				three months before an application for assistance is submitted or while the
				unit is receiving assistance, there is a rebuttable presumption that the
				transfer was made intentionally and for the purpose of qualifying for
				assistance. The individual who made the transfer may rebut the presumed intent
				and purpose of the transfer by providing evidence that the transfer was made
				unintentionally or for a different purpose. Evidence to support a determination
				that the individual made the transfer unintentionally or for a different
				purpose may include
(1) documents or
				testimony establishing that the transfer was made to settle a legally
				enforceable debt approximately equal to the equity value of the
				resource;
(2) documents
				establishing that the transfer was required by a court or an administrative
				agency empowered to require the transfer of property;
(3) documents establishing that the
				individual was a victim of theft, fraud, or coercion; the transfer was made as
				a result of the theft, fraud, or coercion; and the individual has taken
				appropriate steps to recover the resource or the equity value of the
				resource;
(4) evidence that the
				individual did not believe the transfer would affect the eligibility of the
				assistance unit;
(5) evidence that
				the individual believed the compensation received was approximately equal to
				the equity value of the resource;
(6) evidence that the individual received
				property or services approximately equal to the equity value of the resource in
				exchange for the resource, regardless of whether the property received in
				exchange would be considered an available nonexempt resource under
				7 AAC 45.310;
(7) evidence that, if the transfer had not
				occurred, the transferred resource would not have caused the assistance unit's
				countable resources as determined under
				7 AAC 45.310 to exceed the resource limit under
				7 AAC 45.280 in the month following the transfer;
				or
(8) evidence that the individual
				was not receiving assistance at the time of the transfer and did not anticipate
				applying for assistance within the potential period of disqualification under
				AS
				47.27.015(d).
Alaska Administrative Code › Title 7 - Health and Social Services › Part 3 - Public Assistance and Medical Assistance › Chapter 45 - Alaska Temporary Assistance Program › 7 AAC 45.310 - Determining value of available nonexempt resources

Current through May 31, 2024
(a) The department
				will determine the value of an available nonexempt resource by determining the
				applicant's or recipient's equity in that resource. Equity value is equal to
				the dollar amount that results from subtracting all legitimate debt secured by
				legal encumbrance on the title to the property from the fair market value of
				the property. For purposes of this subsection, "legal encumbrance" means a
				security interest or lien that is enforceable by a legal action.
(b) To determine the fair value of a stock or
				bond that fluctuates in market value, the department will use the lowest market
				quotation for that stock or bond over the 30-day period immediately preceding
				the date the department makes its determination.
(c) In an assistance unit that resides in a
				household that contains a member receiving SSI or APA, a jointly held resource
				will be prorated. In an assistance unit that resides in a household that does
				not contain a member receiving SSI or APA, the department will determine the
				value of a jointly held resource as follows:
(1) if the joint owners of a resource are
				legally married and living together, the resource is considered to belong
				equally to each;
(2) an applicant
				is considered to have no equity in property owned jointly by the applicant and
				an absent spouse who cannot be located or refuses to sell or to assign the
				property; and
(3) an applicant's
				equity in a jointly owned bank account is considered to be the entire amount in
				the account if, the applicant can withdraw money from the account without the
				consent or approval of the other person and can use the money for any purpose
				without incurring liability to the other person.
Alaska Administrative Code › Title 7 - Health and Social Services › Part 3 - Public Assistance and Medical Assistance › Chapter 45 - Alaska Temporary Assistance Program › 7 AAC 45.320 - Development of income

Current through May 31, 2024
(a) Except as otherwise provided in this
				section, every member of an assistance unit who appears eligible for benefits
				under one of the following programs must first apply for and pursue benefits
				under that program in order to be eligible for ATAP benefits:
(1) workers' compensation;
(2) social security disability, retirement,
				or survivor's benefits;
(3) United
				States Department of Veterans Affairs programs;
(4) civil service disability and retirement
				programs;
(5) railroad disability
				and retirement programs;
(6)
				government or private retirement programs; and
(7) Supplemental Security Income
				(SSI).
Alaska Administrative Code › Title 7 - Health and Social Services › Part 3 - Public Assistance and Medical Assistance › Chapter 45 - Alaska Temporary Assistance Program › 7 AAC 45.325 - Availability of income

Current through May 31, 2024
(a) In determining eligibility for ATAP
				benefits, the only money the department will consider to be income to an ATAP
				assistance unit is money that is
(1) received
				by a member of the assistance unit; or
(2) available to meet the needs of a member
				of the assistance unit in the month for which the department is determining
				need.
Alaska Administrative Code › Title 7 - Health and Social Services › Part 3 - Public Assistance and Medical Assistance › Chapter 45 - Alaska Temporary Assistance Program › 7 AAC 45.335 - ATAP assistance unit

Current through May 31, 2024
(a) An ATAP assistance unit consists of those
				individuals whose needs are considered in determining eligibility for
				assistance and the amount of the ATAP payments. An assistance unit may include
(1) a caretaker relative and any number of
				dependent children with an eligible relationship to the caretaker
				relative;
(2) dependent children
				with an eligible relationship to the caretaker relative;
(3) one caretaker relative and no child if
				the caretaker relative is a pregnant woman eligible for ATAP benefits under
				7 AAC 45.510; or
(4) two parents and any number of dependent
				children.
Alaska Administrative Code › Title 7 - Health and Social Services › Part 3 - Public Assistance and Medical Assistance › Chapter 45 - Alaska Temporary Assistance Program › 7 AAC 45.350 - Income period

Current through May 31, 2024
The department will determine, on a monthly basis,
				  eligibility for ATAP benefits and when income is considered available to the
				  applicant or recipient. The department will consider all income that is
				  received or may be reasonably expected to be received in a month to actually be
				  available in that month. The department may adjust the initial eligibility
				  determination or payment based upon the actual receipt of
				  income.
Authority:
AS
					 47.05.010
AS
					 47.27.005
Alaska Administrative Code › Title 7 - Health and Social Services › Part 3 - Public Assistance and Medical Assistance › Chapter 45 - Alaska Temporary Assistance Program › 7 AAC 45.355 - Prospective eligibility determination

Current through May 31, 2024
(a) The department
				will determine the prospective eligibility of an assistance unit by estimating
				what income, resources, and other circumstances are likely to exist for the
				assistance unit during the month for which eligibility is being determined. To
				determine what might occur with respect to resources and other circumstances of
				the assistance unit, the department will
(1)
				measure the circumstances of the preceding month and the current month that
				will affect ATAP eligibility; and
(2) consider the assistance unit's estimate
				of what is likely to change during the month for which eligibility is being
				determined.
Alaska Administrative Code › Title 7 - Health and Social Services › Part 3 - Public Assistance and Medical Assistance › Chapter 45 - Alaska Temporary Assistance Program › 7 AAC 45.370 - Separating income from resources

Current through May 31, 2024
(a) Except as
				otherwise provided in this chapter, money received by a member of an ATAP
				economic unit is considered income in the month it was received; if any of that
				money remains available to the ATAP economic unit in the next month, the
				department will consider the remaining money a resource of the economic
				unit.
(b) Except as otherwise
				provided in this chapter, a cash payment made to a member of an ATAP economic
				unit is considered to be income only for one month. A cash payment becomes
				income on the first day it is available to a member of an ATAP economic
				unit.
Authority:
AS
					 47.05.010
AS
					 47.27.005
Alaska Administrative Code › Title 7 - Health and Social Services › Part 3 - Public Assistance and Medical Assistance › Chapter 45 - Alaska Temporary Assistance Program › 7 AAC 45.375 - Types of income

Current through May 31, 2024
(a) For the purpose of determining ATAP
				eligibility and calculating ATAP payments, earned income is income paid in cash
				or in kind as wages, salary, or commissions, and that is earned by an employee
				in exchange for the performance of services by the employee. An employee's
				earned income includes all payments made at one time to an employee for
				services performed by the employee. Earned income is considered gross income as
				determined under
				7 AAC 45.435. Earned income from self-employment is the
				amount the self-employed individual receives from the production or sale of
				goods or services, less the nonpersonal costs of doing business, as determined
				under 7 AAC 45.445.
(b) For the purpose of determining ATAP
				eligibility and calculating ATAP payments, unearned income is income that is
				not earned income as defined in (a) of this section. Unearned income includes
				retirement benefits, social security payments, dividends and interest,
				unemployment compensation, strike benefits, direct child support, royalties,
				veteran's benefits, payments from any type of cash assistance program,
				winnings, and similar income. A deposit into an account jointly owned by a
				member of the economic unit and another individual, or a direct cash gift to a
				member of the economic unit by an individual who is not a member of the
				economic unit, is unearned income to the assistance unit. If a dependent child
				who is not required to be included in the assistance unit makes a cash
				contribution to the assistance unit from that child's earnings, the amount of
				that contribution is unearned income to the assistance unit. The net amounts of
				income determined under
				7 AAC 45.465 and
				7 AAC 45.467 to be available to the assistance unit from
				an excluded stepparent, parent of a minor parent, disqualified alien parent, or
				alien's sponsor is unearned income.
Authority:
AS
					 47.05.010
AS
					 47.27.005
Alaska Administrative Code › Title 7 - Health and Social Services › Part 3 - Public Assistance and Medical Assistance › Chapter 45 - Alaska Temporary Assistance Program › 7 AAC 45.385 - Income from educational grants

Current through May 31, 2024
Except for those portions administered, funded, or insured
				  under 20 U.S.C.
				  1070 -
				  1099c-2 (Title IV of the Higher
				  Education Act of 1965), or under a United States Bureau of Indian Affairs
				  student assistance program, an educational grant, scholarship, or other award
				  for educational purposes available to an individual whose income is used to
				  determine the ATAP benefits of an assistance unit is income according to the
				  following calculation:
(1) the
				department will total all educational grants, scholarships, awards, and any
				other type of earned or unearned income that is received specifically because
				of the individual's status as a student and that must be used to pay tuition
				and fees;
(2) from the total
				calculated under (1) of this section, the department will subtract the actual
				amount paid for
(A) tuition and mandatory
				school fees at any educational institution, including correspondence schools or
				a school for persons with physical or mental disabilities;
(B) books, school supplies, special clothing,
				tools, or other items that are considered necessary to the student's course of
				study; and
(C) the child care
				necessary to allow that student to attend school;
Alaska Administrative Code › Title 7 - Health and Social Services › Part 3 - Public Assistance and Medical Assistance › Chapter 45 - Alaska Temporary Assistance Program › 7 AAC 45.390 - Income of SSI and APA recipients

Current through May 31, 2024
(a) Except as
				provided in
				7 AAC 45.515, the department will disregard all of the
				income of an individual who is
(1) actually
				receiving supplemental security income (SSI), adult public assistance (APA), or
				both;
(2) living in a household
				that contains an assistance unit; and
(3) a member of the economic unit.
Alaska Administrative Code › Title 7 - Health and Social Services › Part 3 - Public Assistance and Medical Assistance › Chapter 45 - Alaska Temporary Assistance Program › 7 AAC 45.400 - Child support income

Current through May 31, 2024
(a) Except as provided in (c) of this
				section, a child support payment made in cash is considered to be income for
				the purpose of determining eligibility for ATAP benefits and for determining
				the amount of an ATAP payment when that child support payment is actually
				received by
(1) an applicant between the first
				day of the month in which the application for ATAP benefits is received by the
				department and the date that payment of benefits is authorized; or
(2) a recipient after the date that payment
				of ATAP benefits is authorized.
Alaska Administrative Code › Title 7 - Health and Social Services › Part 3 - Public Assistance and Medical Assistance › Chapter 45 - Alaska Temporary Assistance Program › 7 AAC 45.405 - Corrective payments

Current through May 31, 2024
The department will not count an ATAP retroactive corrective
				  payment as income.
Authority:
AS
					 47.05.010
AS 47.27.005
AS
					 47.27.040
Alaska Administrative Code › Title 7 - Health and Social Services › Part 3 - Public Assistance and Medical Assistance › Chapter 45 - Alaska Temporary Assistance Program › 7 AAC 45.415 - Work activities payments; Workforce Investment Act payments

Current through May 31, 2024
(a) When
				determining eligibility and payment amounts for ATAP applicants and recipients,
				the department will disregard all supportive service payments made by the
				department, or the successor program to the Job Opportunity and Basic Skills
				(JOBS) program under former AS 47.25.421-47.25.429, to participants in that
				program for assigned work activities.
(b) When determining the assistance unit's
				income eligibility under
				7 AAC 45.470, and in calculating the ATAP payment, the
				department will disregard unearned income generated from participation as a
				trainee under 29 U.S.C.
				2801 -
				2945 (secs. 101 - 195 of the WIA).
				If the participant is a parent or other caretaker relative included in the
				assistance unit, the department will count earned WIA income in the 185-percent
				standard and need-standard tests under
				7 AAC 45.470, and in the payment computation under
				7 AAC 45.525.
Authority:
AS
					 47.05.010
AS
					 47.27.005
Alaska Administrative Code › Title 7 - Health and Social Services › Part 3 - Public Assistance and Medical Assistance › Chapter 45 - Alaska Temporary Assistance Program › 7 AAC 45.425 - Best estimate of anticipated income

Current through May 31, 2024
(a) For the
				purposes of determining the eligibility of an assistance unit for ATAP benefits
				and calculating the ATAP payment amount, the department will make a best
				estimate of the anticipated income for an assistance unit by using the actual
				income received or expected to be received in the month for which the
				determination is being made.
(b) If
				income from a source cannot reasonably be anticipated to be received in a month
				for which a determination is being made, the department will not include income
				from that source in the estimate of income.
(c) If income from a source can reasonably be
				anticipated to be received in a month for which a determination is being made
				but the monthly amount is uncertain, the department will include in the
				estimate of income only that amount that can be anticipated with reasonable
				certainty. In determining the amount of income anticipated to be received with
				reasonable certainty, the department may average the monthly income received
				from the source in previous months.
(d) If income from a source is received on a
				weekly or biweekly basis, the department will estimate the anticipated monthly
				income by multiplying weekly amounts by 4.3 and biweekly amounts by
				2.15.
Authority:
AS
					 47.05.010
AS
					 47.27.005
Alaska Administrative Code › Title 7 - Health and Social Services › Part 3 - Public Assistance and Medical Assistance › Chapter 45 - Alaska Temporary Assistance Program › 7 AAC 45.430 - Suspension for temporary ineligibility

Current through May 31, 2024
(a) The department
				will suspend, rather than terminate, an assistance unit's eligibility when the
				assistance unit is likely to be ineligible for only one payment
				month.
(b) Repealed
				10/1/2001.
(c) The department will
				not count the suspension month as a month in which earned income deductions are
				allowed under
				7 AAC 45.480.
(d) If an assistance unit is temporarily
				ineligible for one of the first two months of eligibility, the department will
				determine that assistance unit's eligibility using the following guidelines:
(1) if the first month is the month in which
				temporary ineligibility occurs, the department will deny the assistance unit
				benefits for the first month and approve benefits effective the first day of
				the following month;
(2) if the
				second month is the month in which temporary ineligibility occurs, the
				department will pay benefits for the first month and suspend benefits for the
				second month under (a) of this section.
Alaska Administrative Code › Title 7 - Health and Social Services › Part 3 - Public Assistance and Medical Assistance › Chapter 45 - Alaska Temporary Assistance Program › 7 AAC 45.435 - Gross monthly earned income of an employee

Current through May 31, 2024
The gross monthly earned income of an individual who is an
				  employee is the gross income from employment actually received, or expected to
				  be received, during a month by an employee who is a member of the ATAP economic
				  unit, before any deductions are made for the cost of earning that income, such
				  as taxes, child care, or transportation expenses. Gross monthly earned income
				  includes full or partial in-kind compensation and money earned directly from
				  employment, such as tips.
Authority:
AS
					 47.05.010
AS
					 47.27.005
Alaska Administrative Code › Title 7 - Health and Social Services › Part 3 - Public Assistance and Medical Assistance › Chapter 45 - Alaska Temporary Assistance Program › 7 AAC 45.440 - Lump-sum earned income

Current through May 31, 2024
(a) If an applicant or recipient works for
				more than one month before receiving a single payment in full settlement for
				the work performed, regardless of whether that person is an employee or
				self-employed, working with or without a contract, the department will
(1) prorate the income over the number of
				months the payment is intended to cover; and
(2) in each of the months the applicant or
				recipient actually works, but not in other prorated or contract months, allow
				the applicant or recipient the earned income deductions under
				7 AAC 45.480 and the child care disregard under
				7 AAC 45.485.
Alaska Administrative Code › Title 7 - Health and Social Services › Part 3 - Public Assistance and Medical Assistance › Chapter 45 - Alaska Temporary Assistance Program › 7 AAC 45.445 - Determining self-employment income

Current through May 31, 2024
(a) In order to
				determine whether nonpersonal costs of doing business may be deducted from
				gross income under this section, particularly if a contract relationship
				exists, the department will determine whether an individual is self-employed or
				working as an employee by considering an individual to be
(1) self-employed if the individual has a
				business license to engage in that work, as required by AS 43.70, or any other
				license, permit, or certificate necessary to perform that work as required by a
				state or local government;
(2)
				self-employed if that individual files annual federal tax returns showing that
				the income is from self-employment; or
(3) working as an employee if another
				individual or business is responsible for providing worker's compensation
				insurance, making FICA contributions, or completing and submitting federal
				income tax withholding forms.
Alaska Administrative Code › Title 7 - Health and Social Services › Part 3 - Public Assistance and Medical Assistance › Chapter 45 - Alaska Temporary Assistance Program › 7 AAC 45.450 - Determining proration period of self-employment income

Current through May 31, 2024
(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.
Alaska Administrative Code › Title 7 - Health and Social Services › Part 3 - Public Assistance and Medical Assistance › Chapter 45 - Alaska Temporary Assistance Program › 7 AAC 45.465 - Determining income of the sponsor of an alien, stepparent, and disqualified alien

Current through May 31, 2024
(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.
Alaska Administrative Code › Title 7 - Health and Social Services › Part 3 - Public Assistance and Medical Assistance › Chapter 45 - Alaska Temporary Assistance Program › 7 AAC 45.467 - Availability of the income of a parent of a minor parent

Current through May 31, 2024
When determining if the assistance unit meets the income
				  eligibility standards of
				  7 AAC 45.470, and when determining the payment amount
				  under 7 AAC 45.525, the department will
				  consider the income of the minor parent's parent to be available to the minor
				  parent and dependent child, if a minor parent of a dependent child lives in the
				  household of the minor parent's own parent and the parent of the minor parent
				  has not applied for and is not receiving ATAP benefits. The deductions allowed
				  in determining the income of a minor parent's parent are those deductions for
				  stepparents allowed under
				  7 AAC 45.465(b).
Authority:
AS
					 47.05.010
AS
					 47.27.005
Alaska Administrative Code › Title 7 - Health and Social Services › Part 3 - Public Assistance and Medical Assistance › Chapter 45 - Alaska Temporary Assistance Program › 7 AAC 45.470 - Income eligibility determinations; countable income

Current through May 31, 2024
(a) To determine if
				an assistance unit is income eligible under this section, the department will
				first determine if an assistance unit's
(1)
				resources are within the limits of
				7 AAC 45.280; and
(2) total nonexempt gross monthly income is
				equal to, or less than, the applicable 185 percent standard established in
				7 AAC 45.520.
Alaska Administrative Code › Title 7 - Health and Social Services › Part 3 - Public Assistance and Medical Assistance › Chapter 45 - Alaska Temporary Assistance Program › 7 AAC 45.475 - Child-student earned income disregard

Current through May 31, 2024
(a) When
				calculating an assistance unit's total gross monthly income under
				7 AAC 45.470(a), the department will
				disregard the earned income of a dependent child who is a full-time or
				part-time student.
(b) In this
				section
(1) "full-time student" means a
				dependent child who is regularly attending
(A) vocational training that is designed to
				prepare a student for gainful employment, including participation in the Job
				Corps program established under
				29 U.S.C.
				2881 -
				2901, for at least 30 hours a week
				if the program involves shop practices or at least 25 hours a week if the
				program does not involve shop practices;
(B) a college or university for at least 12
				semester or quarter credit hours a semester or quarter;
(C) a high school for at least 25 hours a
				week or, if in a high school cooperative or apprenticeship training program,
				full-time as defined by that program; or
(D) an accredited correspondence course for
				at least 25 hours a week;
Alaska Administrative Code › Title 7 - Health and Social Services › Part 3 - Public Assistance and Medical Assistance › Chapter 45 - Alaska Temporary Assistance Program › 7 AAC 45.480 - Deductions from income

Current through May 31, 2024
(a) Except as provided in
				7 AAC 45.495 and
				7 AAC 45.500, in calculating an assistance unit's
				countable income under
				7 AAC 45.470(b), the department will
(1) deduct $90 from the total gross monthly
				earned income
(A) of a stepparent who is not a
				member of the assistance unit, a disqualified alien parent, or a parent of a
				minor parent whose income is considered to be available to the minor parent and
				dependent child under
				7 AAC 45.467;
(B) of an individual if that individual has
				not received ATAP benefits in the state in any of the four months immediately
				preceding that individual's current eligibility for assistance under this
				chapter;
Alaska Administrative Code › Title 7 - Health and Social Services › Part 3 - Public Assistance and Medical Assistance › Chapter 45 - Alaska Temporary Assistance Program › 7 AAC 45.485 - Incapacitated-parent and child care disregard

Current through May 31, 2024
(a) Except as
				provided in
				7 AAC 45.495 and
				7 AAC 45.500, in calculating an assistant unit's
				countable earned income under
				7 AAC 45.470(b), the department will
				disregard, as a necessary cost of earning income, the anticipated cost for the
				care of a child or incapacitated parent that is expected to be paid by an
				individual whose needs are included in the ATAP eligibility determination and
				payment calculation, subject to the following limitations:
(1) the department will disregard only the
				charges for an individual's anticipated hours of work plus reasonable direct
				commuting time, if the care provider charges by the hour; and
(2) the department will disregard up to
(A) $200 each month for each dependent child
				under the age of two whose needs are included in determining ATAP eligibility
				and payment;
(B) $175 each month
				for each dependent child age two or older whose needs are included in
				determining ATAP eligibility and payment; and
(C) $175 each month for an incapacitated
				parent whose needs are included in determining ATAP eligibility and
				payment.
Alaska Administrative Code › Title 7 - Health and Social Services › Part 3 - Public Assistance and Medical Assistance › Chapter 45 - Alaska Temporary Assistance Program › 7 AAC 45.495 - Reduction of income; denial of earned income deductions

Current through May 31, 2024
(a) Unless the
				department has determined that the individual has good cause under
				7 AAC 45.261, or unless the department exempts the
				individual from the work activities requirement under
				AS
				47.27.035(b) or (c), the
				department will not allow the deductions under
				7 AAC 45.480 or
				7 AAC 45.485 from the total gross monthly earned income
				of a member of the assistance unit if the individual
(1) terminates employment;
(2) voluntarily receives a substantially
				reduced amount of total gross monthly earned income; or
(3) refuses to accept employment in which the
				individual is able to engage.