reglab/statecodes huggingface dataset:
Alaska Administrative Code › Title 7 - Health and Social Services › Part 3 - Public Assistance and Medical Assistance › Chapter 44 - Heating Assistance Programs › Article 2 - Alaska Affordable Heating Program › 7 AAC 44.230 - Eligibility requirements; income calculations

Current through May 31, 2024
(a) A household is
				  eligible to participate in the heating assistance program only if
(1) the dwelling for which heating assistance
				  is requested is located in the state, and at least one member of the household
				  is physically present in the state at the time of application for, and receipt
				  of, heating assistance; and the household
(A)
				  physically resides in the dwelling for which heating assistance is requested;
				  or
(B) is seeking heating
				  assistance to help with the natural gas and electric utility deposit necessary
				  to move into subsidized housing in the state;
Alaska Administrative Code › Title 7 - Health and Social Services › Part 3 - Public Assistance and Medical Assistance › Chapter 44 - Heating Assistance Programs › Article 2 - Alaska Affordable Heating Program › 7 AAC 44.240 - Verification

Current through May 31, 2024
(a) An applicant shall, upon request, provide
				  the department with verification of income and any other information contained
				  in the application. An applicant shall provide verification acceptable to the
				  department through a wage stub, profit-and-loss statement, award letter, or
				  other documentary evidence, or, if documentary evidence is not available,
				  through correspondence from village council members, staff members of social
				  service agencies, fee agents, or other third parties, if they are disinterested
				  and unrelated.
(b) If each
				  household member listed on an application for heating assistance is a recipient
				  of a public assistance program administered by the department under AS 47, and
				  if the department considers income information submitted to establish
				  eligibility and benefits under that program to be current, valid, verified, and
				  available for review, the department will use that previously submitted income
				  information for purposes determining eligibility and benefits for heating
				  assistance.
(c) If not all of a
				  household's members are recipients of public assistance programs administered
				  by the department under AS 47, the applicant must provide verification of
				  income for those members who are not recipients.
Authority:
AS
						47.05.010
AS 47.25.622
AS
						47.25.623
Alaska Administrative Code › Title 7 - Health and Social Services › Part 3 - Public Assistance and Medical Assistance › Chapter 44 - Heating Assistance Programs › Article 2 - Alaska Affordable Heating Program › 7 AAC 44.250 - Exempt income

Current through May 31, 2024
When determining heating assistance program eligibility or
					 a payment amount, the department will not include as part of a household's
					 gross monthly income the following:
(1) payments received under
				  AS
				  47.45.301-47.45.309 (senior benefits payment
				  program);
(2) payments received
				  under 43 U.S.C.
				  1601 -
				  1629 h (Alaska Native Claims
				  Settlement Act);
(3) payments
				  received under AS 43.23 (Alaska permanent fund dividend program);
(4) repealed 10/1/2009;
(5) wages received by a full-time student
				  under 18 years of age who is not the head of household;
(6) payments received for reimbursement of
				  expenses incurred in connection with employment, such as travel, mileage,
				  training, or per diem reimbursement;
(7) payments received for reimbursement of
				  medical expenses;
(8) payments for
				  jury duty issued directly to the employer;
(9) food or rent in lieu of wages;
(10) non-cash or in-kind income;
(11) money received from an educational,
				  personal, commercial, or other loan for which the borrower has an obligation to
				  repay;
(12) money received from
				  student study grants;
(13)
				  supportive service payments for work activities under
				  7 AAC 45.415(a), and unearned income
				  generated from participation as a trainee under
				  29 U.S.C.
				  2801 -
				  2945 (secs. 101 - 195 of the
				  Workforce Investment Act of 1998);
(14) payments received under
				  42 U.S.C.
				  5044 for support services or reimbursement of
				  out-of-pocket expenses, such as lunches or transportation, made to an
				  individual serving as a volunteer in a domestic volunteer service program under
				  42 U.S.C.
				  4951 -
				  5024;
(15) payments made to, or on behalf of, a
				  household member by the division of vocational rehabilitation, Department of
				  Labor and Workforce Development, for purposes related to training programs in
				  which the individual is enrolled;
(16) cash gifts that do not exceed a total of
				  $20 per month per individual in the household;
(17) federal income tax refunds or earned
				  income tax credits;
(18) payments
				  received under
				  7 AAC 38.030 (general relief assistance);
(19) income specifically excluded by federal
				  law;
(20) payments received from a
				  program funded by the senior community service employment program under  20
				  C.F.R., Part 641.
Authority:
AS
						47.05.010
AS 47.25.622
AS
						47.25.623
Alaska Administrative Code › Title 7 - Health and Social Services › Part 3 - Public Assistance and Medical Assistance › Chapter 44 - Heating Assistance Programs › Article 2 - Alaska Affordable Heating Program › 7 AAC 44.260 - Manner of payment

Current through May 31, 2024
(a) The department may pay the applicant's
				  vendor directly an amount determined under
				  7 AAC 44.340
(1) by
				  establishing a line of credit for the amount; or
(2) by making a cash advance for the
				  amount.
Alaska Administrative Code › Title 7 - Health and Social Services › Part 3 - Public Assistance and Medical Assistance › Chapter 44 - Heating Assistance Programs › Article 2 - Alaska Affordable Heating Program › 7 AAC 44.270 - Use of heating assistance payments

Current through May 31, 2024
(a) A heating
				  assistance payment may only be used for
(1)
				  the purchase of fuel oil, kerosene, propane, natural gas, electricity, wood,
				  coal, or other petroleum products used for home heating, lighting, or cooking
				  in the household's dwelling;
(2)
				  gasoline and two-cycle oil for a snowmachine or chain saw used to harvest and
				  transport wood if the household cuts its own wood for home heating and
				  self-harvested wood is the household's primary heating source; or
(3) payment of incidental charges, including
				  deposits, delivery charges, connection fees, and late-payment charges
				  associated with purchase or delivery.
Alaska Administrative Code › Title 7 - Health and Social Services › Part 3 - Public Assistance and Medical Assistance › Chapter 44 - Heating Assistance Programs › Article 2 - Alaska Affordable Heating Program › 7 AAC 44.290 - Subsidized rental housing utility deposit

Current through May 31, 2024
(a) The department
				  will award heating assistance for the minimum amount needed to establish
				  natural gas and electric utility service required to participate in subsidized
				  rental housing if
(1) the housing program
				  fully covers the household's annual home heating costs;
(2) the applicant has requested a subsidized
				  rental housing utility deposit;
(3)
				  the household has not received a payment under this chapter within 180 days of
				  the request for a subsidized rental housing utility deposit;
(4) the department has verified the
				  application as required by
				  7 AAC 44.240; and
(5) the amount of the heating assistance, up
				  to a maximum of $500, is sufficient to establish utility service.
Alaska Administrative Code › Title 7 - Health and Social Services › Part 3 - Public Assistance and Medical Assistance › Chapter 44 - Heating Assistance Programs › Article 2 - Alaska Affordable Heating Program › 7 AAC 44.300 - Vendor agreement

Current through May 31, 2024
A vendor must sign an agreement with the department, which
					 includes the following conditions, for the vendor to be a recipient of heating
					 assistance payments in the manner described in
					 7 AAC 44.260:
(1) the vendor shall apply all heating
				  assistance payments to energy services or deliveries supplied after October 1
				  of the program year unless the payment is being used to prevent a disconnection
				  of service or to reconnect service to the eligible household;
(2) the vendor may not discriminate against a
				  household receiving heating assistance in the cost of goods, conditions of
				  sale, or services provided;
(3) the
				  vendor shall avert disconnection of service, reconnect discontinued service, or
				  deliver fuel upon notification from the department that a household is entitled
				  to receive heating assistance, unless to do so would violate a tariff of the
				  Regulatory Commission of Alaska;
(4) if the vendor is receiving payment under
				  7 AAC 44.260(a) (1), the vendor shall
				  first submit a bill for services to the department;
(5) if the vendor receives payment under
				  7 AAC 44.260(a) (2), the vendor shall
				  submit proof to the department that each payment is credited to the household;
				  a refund of any remaining heating assistance must be made to the household or
				  to the department for delivery to the household if
(A) the household closes its account with the
				  vendor; or
(B) the applicant dies
				  and no surviving household member continues to use the account; or
(C) a credit has been sitting on the
				  customer's account for more than one year.
Alaska Administrative Code › Title 7 - Health and Social Services › Part 3 - Public Assistance and Medical Assistance › Chapter 44 - Heating Assistance Programs › Article 2 - Alaska Affordable Heating Program › 7 AAC 44.310 - Opportunity for hearing

Current through May 31, 2024
An opportunity for a hearing will be granted to an
					 applicant who requests a hearing in writing within 30 days after mailing of the
					 notice described in
					 7 AAC 44.030(c) and whose
(1) request for assistance is
				  denied;
(2) completed application
				  was not acted upon within the time set out in
				  7 AAC 44.220; or
(3) amount of heating assistance was modified
				  by the department for a reason other than a change in the benefit rate under
				  7 AAC 44.340(n) or the limitation set
				  by the total heating cost points set in
				  7 AAC 44.340(0) that is a result of
				  year-to-year program changes applying to all applicants.
Authority:
AS
						47.05.010
AS
						47.25.622
AS
						47.25.624
AS
						47.25.625
Alaska Administrative Code › Title 7 - Health and Social Services › Part 3 - Public Assistance and Medical Assistance › Chapter 44 - Heating Assistance Programs › Article 2 - Alaska Affordable Heating Program › 7 AAC 44.340 - Amount of assistance

Current through May 31, 2024
(a) The department has assigned heating cost
				  points to each community in the state, based upon the community's annual fuel
				  cost and climatic conditions. These points are listed in Appendix A at the end
				  of this chapter.
(b) If the
				  household uses natural gas and another fuel type for heat, the department will
				  use the community heating cost points for natural gas in Appendix A.
(c) If the household uses self-harvested wood
				  or coal for heat, the department will use the community heating cost points for
				  oil in Appendix A multiplied by 0.5.
(d) If the household uses purchased wood or
				  coal for heat, the department will use the community heating cost points for
				  oil in Appendix A multiplied by 0.8.
(e) If the household uses purchased wood
				  pellets for heat, the department will use the community heating cost points for
				  oil in Appendix A multiplied by 0.9.
(f) If a household uses electricity, steam,
				  hot water, or propane for heat, the department will use the community heating
				  cost points for oil in Appendix A.
(g) The department will multiply the
				  community heating cost points determined under (a) - (f) of this section by the
				  first one of the following factors that describes the household's dwelling. If
				  more than one factor applies, the department will use the factor listed first:
(1) the factor of 1.4 if the household
				  resides in a mobile home or boat with heated living space of 980 square feet or
				  more;
(2) the factor of 0.4 if the
				  household resides in a recreational vehicle, tent, or pickup camper;
(3) the factor of 0.15 if the household
				  resides in a one-room dwelling such as a studio apartment, hotel, or boarding
				  home;
(4) the factor of 0.35 if the
				  household resides on a boat with less than 980 square feet of heated living
				  space;
(5) the factor of 0.55 if
				  the household resides in a one-bedroom dwelling, or a one-room house or cabin
				  without bedrooms;
(6) the factor of
				  1.3 if the household resides in a three-or-more-bedroom single family, duplex,
				  or triplex home;
(7) the factor of
				  0.7 if the household resides in a two-bedroom unit in an apartment building of
				  four or more attached units, or resides in a mobile home with less than 980
				  square feet of heated living space regardless of the number of
				  bedrooms;
(8) the factor of 1.0 if
				  the household resides in a two-bedroom single-family home.
Alaska Administrative Code › Title 7 - Health and Social Services › Part 3 - Public Assistance and Medical Assistance › Chapter 44 - Heating Assistance Programs › Article 2 - Alaska Affordable Heating Program › 7 AAC 44.350 - Time frame for assistance payments

Current through May 31, 2024
(a) The heating
				  assistance program begins awarding payments under
				  7 AAC 44.210 on the first state business day in November
				  of each year.
(b) Expedited
				  eligibility determination and assistance payment awards under
				  7 AAC 44.220( d) begin on the first state business day
				  in November of each year and run through April 30 of the following
				  year.
(c) If a disaster occurs in
				  an area where the household is located, the department may begin issuing
				  heating assistance payments before November 1 if the governor has issued a
				  disaster proclamation and the disaster has increased the need for heating
				  assistance to the household.
(d)
				  The department will make the payment of subsidized rental housing utility
				  deposits, under
				  7 AAC 44.290 throughout the year.
Authority:
AS
						47.05.010
AS
						47.25.622
AS
						47.25.623
Alaska Administrative Code › Title 7 - Health and Social Services › Part 3 - Public Assistance and Medical Assistance › Chapter 44 - Heating Assistance Programs › Article 3 - General Provisions › 7 AAC 44.900 - Definitions

Current through May 31, 2024
In this chapter, unless the context requires
					 otherwise,
(1) "adult" means an
				  individual 18 years of age or older;
(2) "Alaska poverty level" means the level
				  set out in the federal poverty guidelines for Alaska established annually by
				  the United States Department of Health and Human Services in 82 Fed. Reg. 8831
				  - 8832 (January 31, 2017), as amended from time to time, and adopted by
				  reference;
(3) "applicant" means an
				  individual who has submitted to the department an identifiable application for
				  heating assistance for the individual's household and who represents the
				  household;
(4) "completed
				  application" means an application, on a form authorized by the department, that
				  contains the applicant's name, mailing and physical address, and signature or
				  witnessed mark, as well as the information requested by the department to
				  determine eligibility;
(5)
				  "department" means the Department of Health and Social Services;
(6) "dwelling" means the physical structure
				  that the household has identified on the heating assistance application as the
				  sole physical structure for which heating assistance is requested;
(7) "emancipated minor" means an individual
				  under 18 years of age who has been declared emancipated by the superior court
				  of this state under
				  AS
				  09.55.590, or by a court of another
				  jurisdiction under procedures granting the individual the equivalent
				  status;
(8) "fee agent" means a
				  department-paid volunteer who is authorized by the department to assist
				  applicants in completing applications and related forms;
(9) "heating assistance" means financial
				  assistance awarded under this chapter;
(10) "heating assistance season" means the
				  annual period that begins September 1 and runs through April 30 of the
				  following year during which applications for heating assistance are accepted by
				  the department;
(11) "home heating
				  costs" means an amount that the household pays for its own home heating needs
				  either directly, or indirectly through rent;
(12) "household" means an individual or a
				  group of individuals who are living together as one economic unit and for whom
				  residential heating is customarily purchased in common, or who make
				  undesignated payments for heat in the form of rent;
(13) "identifiable application" means a
				  written request for heating assistance under
				  7 AAC 44.010 -
				  7 AAC 44.090 or
				  7 AAC 44.200 -
				  7 AAC 44.350 that is submitted by an individual who the
				  department is able to clearly identify;
(14) "irregular work schedules" means
(A) jobs with rotating schedules, fluctuating
				  payroll schedules, or seasonal layoffs; or
(B) other careers where income is not
				  consistent on a monthly basis;
Alaska Administrative Code › Title 7 - Health and Social Services › Part 3 - Public Assistance and Medical Assistance › Chapter 45 - Alaska Temporary Assistance Program › 7 AAC 45.149 - Coordination with qualified entities

Current through May 31, 2024
If the department contracts with, or awards a grant to, a
				  qualified entity under
				  AS
				  47.27.050 or coordinates with an Alaska
				  Native organization family assistance program under
				  AS
				  47.27.070, the department may authorize the
				  entity or organization in writing to perform certain duties that the department
				  would perform under this chapter to the extent allowable under the law. If the
				  department provides written authorization under this section, the entity or
				  organization shall follow the standards set out in AS 47.27 and this
				  chapter.
Authority:
AS
					 47.05.010
AS 47.27.005
AS 47.27.050
AS
					 47.27.070
Alaska Administrative Code › Title 7 - Health and Social Services › Part 3 - Public Assistance and Medical Assistance › Chapter 45 - Alaska Temporary Assistance Program › 7 AAC 45.150 - Identifiable application

Current through May 31, 2024
To receive Alaska Temporary Assistance Program (ATAP)
				  benefits under AS 47.27, an applicant must apply for benefits, in writing or by
				  electronic means, on a form provided by the department. The application form
				  must clearly identify the applicant by including a legible name, mailing
				  address, and signature or witnessed mark, and, as required by
				  AS
				  47.27.020(b), must include
				  the attestation regarding other state assistance. The application form must be
				  filed with a district office of the division handling public assistance matters
				  in the department, or a fee agent or other division designee.
Authority:
AS
					 47.05.010
AS 47.27.005
AS
					 47.27.020
Alaska Administrative Code › Title 7 - Health and Social Services › Part 3 - Public Assistance and Medical Assistance › Chapter 45 - Alaska Temporary Assistance Program › 7 AAC 45.155 - Eligible signatures

Current through May 31, 2024
An application for ATAP benefits must be signed by
(1) a caretaker relative of the dependent
				child who is the basis of the application for ATAP benefits, as determined
				under 7 AAC 45.225;
(2) both parents of the dependent child, if
				the child is residing with both parents;
(3) an individual appointed under
				7 AAC 45.157(a) as the authorized
				representative of a caretaker relative; or
(4) an individual acting responsibly in the
				place of the caretaker relative, as determined under
				7 AAC 45.157(b), if
(A) the caretaker relative under (1) of this
				section is incompetent or incapacitated; or
(B) both parents under (2) of this section
				are incompetent or incapacitated.
Alaska Administrative Code › Title 7 - Health and Social Services › Part 3 - Public Assistance and Medical Assistance › Chapter 45 - Alaska Temporary Assistance Program › 7 AAC 45.157 - Authorized representative

Current through May 31, 2024
(a) A caretaker
				relative may appoint a representative who, in the relative's place, is
				authorized to apply for ATAP assistance on behalf of a prospective recipient.
				Anyone who is 18 years of age or over may be an authorized representative. The
				appointment of an authorized representative must be documented in writing,
				signed, and dated by the caretaker relative and the authorized representative.
				If the caretaker relative is illiterate, the relative may sign with a mark
				witnessed by two individuals who each date and sign their own name on the
				document.
(b) If a caretaker
				relative is physically or mentally incapable of making application, and is
				incapable of appointing an authorized representative in accordance with (a) of
				this section, an application for assistance may be filed by an individual who
				is acting responsibly in the place of the caretaker relative.
Authority:
AS
					 47.05.010
AS 47.27.005
AS
					 47.27.020
Alaska Administrative Code › Title 7 - Health and Social Services › Part 3 - Public Assistance and Medical Assistance › Chapter 45 - Alaska Temporary Assistance Program › 7 AAC 45.160 - Completing the application

Current through May 31, 2024
(a) The department
				will determine eligibility for ATAP benefits only when the application is
				complete and signed by an individual who is an eligible signer under
				7 AAC 45.155. The department will notify the applicant
				in writing of the need for additional information in order to complete the
				application and will state when that information must be received by the
				department to prevent the application from being denied.
(b) In order to complete any portion of an
				application left incomplete, the department will contact the applicant by
				telephone if the
(1) applicant is unable to
				personally appear before the department or fee agent due to circumstances
				beyond the applicant's control; and
(2) use of mail service would delay return of
				a completed application beyond the time limit for notice of a finding of
				eligibility under
				7 AAC 45.205.
Alaska Administrative Code › Title 7 - Health and Social Services › Part 3 - Public Assistance and Medical Assistance › Chapter 45 - Alaska Temporary Assistance Program › 7 AAC 45.165 - New application

Current through May 31, 2024
(a) When first applying for ATAP benefits in
				this state, an applicant shall submit a new application even if the applicant
				is already a recipient of
(1) another
				assistance program in this state that uses the same application form;
				or
(2) an assistance program in
				another state.
Alaska Administrative Code › Title 7 - Health and Social Services › Part 3 - Public Assistance and Medical Assistance › Chapter 45 - Alaska Temporary Assistance Program › 7 AAC 45.170 - Interviews

Current through May 31, 2024
(a) The department will determine whether an
				applicant is eligible for ATAP benefits only after that applicant has had at
				least one face-to-face interview with the department or a fee agent, unless the
				department determines that a face-to-face interview is impossible or
				inadvisable because of illness, distance, or other reason. In addition, the
				department may conduct interviews in connection with a redetermination of
				eligibility under
				7 AAC 45.277.
(b) If illness, distance, or other reason
				prevents a face-to-face interview, an interview must be conducted by
				telephone.
(c) A fee agent is
				responsible for conducting an interview with an applicant who lives in the fee
				agent's area, unless an applicant has arranged an interview directly with the
				department.
Authority:
AS
					 47.05.010
AS 47.27.005
AS
					 47.27.020
Alaska Administrative Code › Title 7 - Health and Social Services › Part 3 - Public Assistance and Medical Assistance › Chapter 45 - Alaska Temporary Assistance Program › 7 AAC 45.175 - Verification and documentation

Current through May 31, 2024
(a) Except as
				provided by
				7 AAC 45.180 and
				7 AAC 45.255, an applicant's claim for assistance must
				be supported by verification satisfactory to the department that the applicant
				meets all eligibility requirements. An applicant or a recipient who refuses to
				provide the department with verification of eligibility required under this
				section is not eligible to receive ATAP benefits.
(b) The department will determine whether the
				verification and documentation received is satisfactory by considering
(1) its necessity for making an eligibility
				determination;
(2) whether it
				reasonably proves the fact that requires verification or
				documentation;
(3) all other
				information contained in the application and case file; and
(4) what alternative types of verification or
				documentation are obtainable and which are not obtainable.
Alaska Administrative Code › Title 7 - Health and Social Services › Part 3 - Public Assistance and Medical Assistance › Chapter 45 - Alaska Temporary Assistance Program › 7 AAC 45.180 - Incomplete verification

Current through May 31, 2024
(a) Except as
				provided in
				7 AAC 45.255, if an applicant, who is otherwise eligible
				to receive ATAP benefits, has not provided all of the documentary evidence
				needed to verify an eligibility factor, the department will pay benefits, but
				only for the month in which the application was received and the following
				month, if
(1) the necessary documents are not
				in the applicant's possession and the applicant cannot readily obtain
				them;
(2) the applicant has
				requested the custodian of the documents to provide the documents and the
				department determines that the applicant cannot reasonably be expected to
				receive the documents within 30 days;
(3) the department has made at least one
				other contact that supports the applicant's claim that the eligibility factor
				is met; and
(4) the department has
				no evidence that the eligibility factor in question is not met.
Alaska Administrative Code › Title 7 - Health and Social Services › Part 3 - Public Assistance and Medical Assistance › Chapter 45 - Alaska Temporary Assistance Program › 7 AAC 45.185 - Completing required forms

Current through May 31, 2024
It is the applicant's responsibility to complete the
				  application form and any other supporting documentation required by the
				  department. If necessary, the department will assist an applicant in
				  understanding the applicant's responsibilities and in completing forms required
				  under this chapter.
Authority:
AS
					 47.05.010
AS 47.27.005
AS
					 47.27.020
Alaska Administrative Code › Title 7 - Health and Social Services › Part 3 - Public Assistance and Medical Assistance › Chapter 45 - Alaska Temporary Assistance Program › 7 AAC 45.190 - Applications from ATAP households

Current through May 31, 2024
To the extent possible, the department will include in one
				  ATAP payment all related individuals who are eligible for ATAP benefits and who
				  reside together.
Authority:
AS
					 47.05.010
AS 47.27.005
AS
					 47.27.020
Alaska Administrative Code › Title 7 - Health and Social Services › Part 3 - Public Assistance and Medical Assistance › Chapter 45 - Alaska Temporary Assistance Program › 7 AAC 45.195 - Mandatory filing unit

Current through May 31, 2024
(a) Unless otherwise provided in this
				section, for the purposes of filing an application for ATAP assistance, the
				minimum mandatory filing unit must include the following individuals if they
				are living in the same household:
(1) the
				dependent child;
(2) the brothers
				and sisters of the dependent child who are themselves dependent children;
				and
(3) the parent or parents of
				the dependent child, even if a parent is temporarily living away from the home
				for a planned temporary absence, including employment, seeking employment, and
				military assignment.
Alaska Administrative Code › Title 7 - Health and Social Services › Part 3 - Public Assistance and Medical Assistance › Chapter 45 - Alaska Temporary Assistance Program › 7 AAC 45.200 - Disposition of application

Current through May 31, 2024
(a) The department
				will make a finding of eligibility for every complete application for ATAP
				benefits that it receives, unless
(1) the
				applicant voluntarily withdraws the application by a written request that is
				signed and dated;
(2) the
				department has factual information confirming the death of the applicant;
				or
(3) the applicant cannot be
				located.
Alaska Administrative Code › Title 7 - Health and Social Services › Part 3 - Public Assistance and Medical Assistance › Chapter 45 - Alaska Temporary Assistance Program › 7 AAC 45.205 - Notice of finding

Current through May 31, 2024
(a) The department will give adequate notice
				of an eligibility determination to each applicant. If the applicant has been
				found eligible, the notice will indicate the amount of benefits for which the
				applicant is eligible and when payment begins. If the applicant has been found
				ineligible and the application denied, the notice will indicate the specific
				reason for the denial and an explanation of the applicant's right to request a
				hearing to reconsider the denial.
(b) No later than the 30th day after receipt
				of a complete application in a district office of the division handling public
				assistance matters in the department, the department will mail a notice to the
				applicant to confirm that the department has found the applicant either
				eligible or ineligible for benefits or that the application was withdrawn as
				provided for in
				7 AAC 45.200(a). The department will
				not delay a finding, deny benefits, or terminate benefits on the basis that it
				was unable to comply with the 30-day time limit established by this
				subsection.
Authority:
AS
					 47.05.010
AS 47.27.005
AS
					 47.27.020
Alaska Administrative Code › Title 7 - Health and Social Services › Part 3 - Public Assistance and Medical Assistance › Chapter 45 - Alaska Temporary Assistance Program › 7 AAC 45.210 - General requirements for eligibility

Current through May 31, 2024
(a) To be eligible
				for ATAP benefits, an applicant or recipient, as applicable, must meet the
				requirements for
(1) citizenship or lawful
				immigration status, as set out in
				7 AAC 45.215;
(2) state residency, as set out in
				7 AAC 45.220;
(3) age, as set out in the definition for
				"dependent child" in
				AS
				47.27.900;
(4) living in the home of a caretaker
				relative, as set out in
				7 AAC 45.225;
(5) if a minor parent, the living arrangement
				of a minor parent, as set out in
				7 AAC 45.227;
(6) child support assignment, as set out in
				7 AAC 45.240;
(7) child support cooperation, as set out in
				7 AAC 45.245;
(8) social security enumeration, as set out
				in 7 AAC 45.255;
(9) participation in work activities, as set
				out in 7 AAC 45.260;
(10) not participating in a strike, as set
				out in 7 AAC 45.265;
(11) reporting information, as set out in
				7 AAC 45.270; and
(12) development of income, as set out in
				7 AAC 45.320.
Alaska Administrative Code › Title 7 - Health and Social Services › Part 3 - Public Assistance and Medical Assistance › Chapter 45 - Alaska Temporary Assistance Program › 7 AAC 45.215 - Citizenship or legal alien status

Current through May 31, 2024
(a) To be eligible
				for ATAP benefits, an applicant must declare in writing, on a form provided by
				the department, that each member of the assistance unit is a citizen or
				national of the United States or an alien in lawful immigration
				status.
(b) Repealed
				7/1/97.
(c) Canadian Indians with
				at least 50 percent Native Indian blood are given a special status under
				8 U.S.C.
				1359 and are exempt from immigrant
				registration or visa requirements. The department will consider these Canadian
				Indians to have lawful immigration status and to be eligible for ATAP benefits
				if they meet all other eligibility requirements, including the requirements of
				7 AAC 45.220 regarding residency in the state.
(d) Except as otherwise provided in this
				chapter, an alien whose status is not described in (g)(2) of this section is
				not eligible for ATAP benefits.
(e)
				An alien in lawful immigration status who is sponsored by a public or private
				agency or organization is ineligible to receive ATAP benefits for three years
				after the date of entry into the United States, unless the department
				determines that the sponsoring agency or organization is no longer in
				existence, or that the sponsor does not have the financial ability to meet the
				alien's needs.
(f) Except as
				provided in this subsection, an alien granted temporary resident status under
				the Immigration Reform and Control Act of 1986, P.L. 99-603, will be
				disqualified from receiving ATAP benefits for a period of five years from the
				date that lawful temporary resident status was granted. The five-year
				disqualification period will continue even though the temporary resident status
				may be changed to that of permanent status within the five-year period. An
				applicant for ATAP benefits who attained lawful temporary resident status more
				than five years before the date of application is not disqualified under this
				subsection. A Cuban or Haitian entrant whose status has been adjusted to that
				of lawful temporary resident is not subject to the five-year disqualification
				period.
(g) As used in this
				section,
(1) "United States citizen" means a
				citizen of one of the 50 states, the District of Columbia, Puerto Rico, Guam,
				or the Virgin Islands; in addition, the department will consider United States
				nationals, including nationals from American Samoa or Swain's Island, to be
				United States citizens for purposes of ATAP;
(2) "an alien in lawful immigration status"
				means an alien who at the time the alien applies for or receives ATAP, meets
				one of the requirements for qualified alien status under
				8 U.S.C.
				1641.
Alaska Administrative Code › Title 7 - Health and Social Services › Part 3 - Public Assistance and Medical Assistance › Chapter 45 - Alaska Temporary Assistance Program › 7 AAC 45.220 - State residency

Current through May 31, 2024
(a) An applicant must be a resident of the
				state to be eligible for ATAP benefits.
(b) Except as otherwise provided, in this
				section "resident of the state" means an individual physically present in the
				state and living in the state voluntarily with the intention of making a home
				in the state. The department will consider a child who is present in the state
				to be a resident of the state if the child is living in the state with a
				caretaker relative who is also a resident under this section.
(c) The department will consider an
				individual, such as a migrant worker, who may plan to leave the state after a
				short period of time, to be a resident if that individual
(1) lives in the state on the date of
				application;
(2) is not receiving
				public assistance from another state; and
(3) entered the state with employment, or the
				intent to find employment, regardless of whether the individual is actually
				employed at the time of 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 45.222 - Applicant work search activities

Current through May 31, 2024
The department may require an ATAP applicant who is not
				  exempt from participation in work activities under
				  AS
				  47.27.035 or
				  7 AAC 45.260 to search for a job and to engage in
				  related job-readiness activities before approving the applicant's application
				  for ATAP benefits. The department may impose a penalty under
				  7 AAC 45.980 regarding failure to participate in work
				  activities, upon an applicant who refuses without good cause, as defined in
				  7 AAC 45.261, to search for a job or to engage in
				  related job-readiness activities during the application
				  period.
Authority:
AS
					 47.05.010
AS 47.27.005
AS 47.27.020
AS
					 47.27.035
Alaska Administrative Code › Title 7 - Health and Social Services › Part 3 - Public Assistance and Medical Assistance › Chapter 45 - Alaska Temporary Assistance Program › 7 AAC 45.225 - Living in home of caretaker relative

Current through May 31, 2024
(a) To be eligible
				for ATAP benefits a dependent child must be living with a caretaker relative in
				the home of that caretaker relative.
(b) When determining if a child is living in
				the home of a caretaker relative, the department will consider the location of
				the child to be the primary determining factor. Except in the case of a
				temporary absence of the child or caretaker relative from the usual place of
				residence, the child's home is the place where the child resides more than half
				of the time in a month. The department may consider a child to be living with a
				caretaker relative even if
(1) the child is
				receiving protective supervision or probation services; or
(2) legal custody of the child is held by an
				agency that does not have physical custody of the child.
Alaska Administrative Code › Title 7 - Health and Social Services › Part 3 - Public Assistance and Medical Assistance › Chapter 45 - Alaska Temporary Assistance Program › 7 AAC 45.227 - Assistance to a minor parent

Current through May 31, 2024
(a) To qualify for
				assistance as a pregnant woman or as the caretaker relative of a dependent
				child, an applicant or recipient who is a minor parent must reside in a living
				arrangement that has been approved by the department.
(b) The department will approve the minor
				parent's living arrangement if the minor parent chooses to reside with the
				minor parent's parent or legal guardian.
(c) If the minor parent chooses to reside
				with an adult relative who is not the minor parent's parent or legal guardian,
				the department may review the home of the adult relative. The department will
				not approve the living arrangement if the department finds that the living
				arrangement
(1) does not provide a supportive
				environment in which the minor parent is expected to learn and practice
				appropriate parenting skills and develop other skills to promote the long-term
				well-being and economic independence of the minor parent and dependent child;
				or
(2) includes a history or
				circumstances that would jeopardize the physical or emotional health of the
				minor parent or the dependent child, as described in (d)(6)(A) - (E) 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 45.235 - Determining physical or mental ability to perform gainful activity

Current through May 31, 2024
(a) For the
				purposes of
				AS
				47.27.015,
				47.27.025, and this chapter, an
				individual is "physically or mentally unable to perform gainful activity" if
				the individual
(1) is eligible for disability
				benefits under the supplemental security income program (42 U.S.C.
				1381 -
				1383 f), the social security
				disability insurance program (42 U.S.C.
				401 -
				433)  or the adult public
				assistance program (AS
				47.25.430-47.25.615) because of blindness or
				disability; or
(2) has a physical
				or mental condition that, on the basis of competent medical evidence submitted
				in accordance with (b) of this section, the department reasonably expects will
				last at least 30 days, and that is severe enough
(A) to prevent the individual from working at
				full-time employment; or
(B) that
				potential employers refuse to hire the individual or provide a reasonable
				accommodation under the Americans with Disabilities Act (42 U.S.C.
				12101 -
				12213).
Alaska Administrative Code › Title 7 - Health and Social Services › Part 3 - Public Assistance and Medical Assistance › Chapter 45 - Alaska Temporary Assistance Program › 7 AAC 45.240 - Child support assignment

Current through May 31, 2024
(a) An applicant
				for ATAP benefits must assign to the state the right to receive and retain
				child support payments made by an absent parent, or any other individual, on
				behalf of all children for whom the applicant is seeking ATAP
				benefits.
(b) Under
				AS
				47.27.040, assignment is accomplished
				automatically by completing an application for ATAP benefits and becomes
				effective upon a determination that the applicant is eligible to receive ATAP
				payments.
Authority:
AS
					 47.05.010
AS 47.27.005
AS 47.27.020
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 45.245 - Child support cooperation

Current through May 31, 2024
(a) The caretaker
				relative must cooperate with the child support services agency of the
				Department of Revenue in
(1) identifying and
				locating the absent parent of each child for whom the applicant desires ATAP
				benefits, and of each child who is included in the ATAP assistance
				unit;
(2) establishing the
				paternity of each child, if the birth of the child occurred while the mother
				was not married; and
(3) obtaining
				from the absent parent any other payments or property due each child and its
				caretaker relative.
Alaska Administrative Code › Title 7 - Health and Social Services › Part 3 - Public Assistance and Medical Assistance › Chapter 45 - Alaska Temporary Assistance Program › 7 AAC 45.250 - Good cause for refusal to cooperate with child support services agency

Current through May 31, 2024
(a) In
				accordance with
				7 AAC 45.245(j), the department may
				find that good cause for refusal to cooperate with the child support services
				agency exists if
(1) cooperation is
				anticipated to result in physical or emotional harm to the child or to the
				caretaker relative that would reduce the caretaker relative's ability to care
				for the child adequately; or
(2)
				proceeding to establish paternity or to secure support will be detrimental to
				the child because
(A) the child was conceived
				as a result of incest or as a result of an action that would constitute the
				crime of sexual assault in the first degree, as defined in
				AS
				11.41.410;
(B) legal proceedings for adoption of the
				child are pending before a court; or
(C) the caretaker relative is currently being
				assisted by a public or licensed private social service agency to resolve the
				issue of whether to keep the child or to relinquish the child for
				adoption.
Alaska Administrative Code › Title 7 - Health and Social Services › Part 3 - Public Assistance and Medical Assistance › Chapter 45 - Alaska Temporary Assistance Program › 7 AAC 45.255 - Social security enumeration

Current through May 31, 2024
(a) An ATAP
				applicant shall
(1) present to the department
				or a fee agent the applicant's actual social security card or a photocopy of
				it;
(2) submit a written statement
				giving the applicant's social security number;
(3) enter the applicant's social security
				number on the ATAP application form;
(4) complete a federal Social Security
				Administration form applying for a number, and comply with all Social Security
				Administration requirements for completion of the form; or
(5) show proof of application for a social
				security number as part of the state's birth registration process.
Alaska Administrative Code › Title 7 - Health and Social Services › Part 3 - Public Assistance and Medical Assistance › Chapter 45 - Alaska Temporary Assistance Program › 7 AAC 45.257 - Family self-sufficiency plan

Current through May 31, 2024
(a) If an
				assistance unit receiving ATAP benefits is a two-parent family, both parents
				shall sign the family self-sufficiency plan (FSSP) required by
				AS
				47.27.030.
(b) In developing the FSSP, the department
				will make an initial assessment of the training, skills, prior work experience,
				and characteristics affecting the employability of each caretaker relative in
				an assistance unit who is an ATAP recipient and at least 18 years of age. An
				assessment may also include a referral to an appropriate agency for
(1) screening for an indication of domestic
				violence;
(2) screening for an
				indication of substance abuse;
(3)
				screening for an indication of physical or mental illness; or
(4) testing for literacy.
Alaska Administrative Code › Title 7 - Health and Social Services › Part 3 - Public Assistance and Medical Assistance › Chapter 45 - Alaska Temporary Assistance Program › 7 AAC 45.258 - Child care assistance as a self-sufficiency service

Current through May 31, 2024
(a) The department
				has designated its child care assistance program as the Parents Achieving
				Self-Sufficiency (PASS) program, and has created a category of assistance
				applicable to this chapter called PASS I, which provides child care assistance
				as a self-sufficiency service under AS 47.27 and this chapter to low-income
				eligible families applying for or receiving ATAP benefits.
(b) A family applying for or receiving ATAP
				benefits is eligible to receive child care assistance under this chapter if the
(1) family is participating in a work
				activity as specified under
				7 AAC 45.260, or in an activity approved in the family
				self-sufficiency plan under
				7 AAC 45.257;
(2) need for child care has been determined
				by the department; and
(3) child
				care is provided by an eligible provider under 7 AAC 41; the department will
				issue an initial child care authorization for a family applying for or
				receiving ATAP benefits if necessary for family participation in an activity
				described in (1) of this subsection, regardless of whether the selected
				provider is an eligible provider; the initial authorization will cover up to
				the end of the following month; after the initial authorization period,
				eligibility for child care assistance will continue only if the care is
				provided by an eligible provider.