Alaska Administrative Code › Title 7 - Health and Social Services › Part 3 - Public Assistance and Medical Assistance › Chapter 45 - Alaska Temporary Assistance Program › 7 AAC 45.970 - Penalties for refusal or voluntary termination of employment

Current through May 31, 2024
(a) If an adult
				applicant or a custodial parent or caretaker refuses or voluntarily terminates
				suitable employment, as defined in
				7 AAC 45.990, without good cause, as described in
				7 AAC 45.261, within 60 days before submitting an
				application for ATAP benefits, a rebuttable presumption is established that the
				assistance unit's demonstrated need for ATAP benefits is due to that refusal or
				termination, and the department will impose upon the assistance unit the
				appropriate period of ineligibility under
				AS
				47.27.015(c). If the
				individual's refusal or voluntary termination occurs 60 or more days before
				submitting the application for ATAP benefits, this presumption and the period
				of ineligibility do not apply.
(b)
				Termination of self-employment or a subsistence activity is not considered a
				voluntary separation under
				AS
				47.27.015(c).
(c) If the individual is one who must be
				included in the assistance unit as a mandatory filing unit member under
				7 AAC 45.195, the ineligibility described in
				AS
				47.27.015(c) applies to that
				assistance unit. If the individual is not one who must be included in the
				assistance unit under
				7 AAC 45.195, the ineligibility applies only to that
				individual. In the latter case, in determining the ATAP benefit for any
				remaining assistance unit member, the department will not include the income
				and resources of the individual who is not a member of the mandatory filing
				unit.
(d) For the purposes of
				enforcing the period of ineligibility under
				AS
				47.27.015(c), a month is
				considered 30 calendar days. For an applicant, the period begins on the date
				that suitable employment is refused or voluntarily terminated. If an applicant
				refuses or voluntarily terminates employment after the date of application but
				before eligibility is determined, the period begins on the date of application.
				For a recipient, the period begins on the first of the month following the
				month in which the department provides the recipient with a notice of proposed
				agency action in accordance with
				7 AAC 49.060. Once begun, the period of ineligibility
				runs uninterrupted until the period expires.
(e) If the department determines that an
				individual's termination from suitable employment was caused by action or
				inaction within the individual's control, the department will consider the
				termination as a voluntary separation under AS 47.25.015, and the department
				will enforce the period of ineligibility specified in
				AS
				47.27.015(c).
(f) If an individual subject to a period of
				ineligibility moves out of the household, the department will recalculate the
				amount of ATAP benefits available to the assistance unit, based on a
				determination of need. The period of ineligibility follows the penalized
				individual who moves into another ATAP household, and the department will then
				recalculate the amount of that assistance unit's ATAP benefits in accordance
				with (c) of this section.
Authority:
AS
					 47.05.010
AS 47.27.005
AS
					 47.27.015