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 45.500 - Failure to timely report earnings; denial of deductions

Current through May 31, 2024
(a) The department
				will not allow a deduction from earned income under
				7 AAC 45.480(b) or
				7 AAC 45.485, if a caretaker relative fails, without
				good cause, to make a timely report of earnings against which the deductions
				would otherwise be allowable. A denial of a deduction under this section is
				effective for any month for which the earnings would have been counted if they
				had been timely reported.
(b) For
				purposes of this section
(1) "good cause"
				means a circumstance beyond the caretaker relative's control that prevents the
				caretaker relative from submitting a timely report; "good cause" includes
(A) a physical or mental illness or
				incapacity that is severe enough and long enough to prevent timely
				reporting;
(B) illiteracy;
				and
(C) failure of the mail to be
				delivered timely, if the caretaker relative can document the cause of that
				failure;
Alaska Administrative Code › Title 7 - Health and Social Services › Part 3 - Public Assistance and Medical Assistance › Chapter 45 - Alaska Temporary Assistance Program › 7 AAC 45.510 - Pregnant-woman coverage

Current through May 31, 2024
(a) As provided in
				this section, the department will, during the last 91 days of pregnancy,
				including the estimated day of delivery, pay ATAP benefits to a pregnant woman
				who has no other children receiving ATAP benefits.
(b) The department will determine eligibility
				as if the child had been born, considering the income and resources of all
				individuals in the household who will be included in the economic unit and
				assistance unit when the child is born. If the department finds that
				eligibility exists for this assistance unit, it will determine the payment
				amount under
				7 AAC 45.525 using only the pregnant woman's own
				countable income and applying the pregnant-woman need standard of
				7 AAC 45.520(a) (4).
(c) Repealed 10/1/97.
(d) The department may require, as a
				condition of ATAP eligibility, a pregnant woman who is in her last 91 days of
				pregnancy or the unborn child's father to prepare a FSSP under
				AS
				47.27.030 and
				7 AAC 45.257, and participate in work activities under
				AS
				47.27.035 and
				7 AAC 45.260, unless the individual is exempt under
				those statutes and regulations.
(e)
				If a pregnant woman is unmarried and living with a man who claims to be the
				father of the unborn child, the department will require, as a condition of ATAP
				eligibility, the unborn child's father to acknowledge paternity by signing a
				form provided by the department.
(f) If a pregnant woman is married at the
				time of conception, the department will consider the spouse at the time of
				conception to be the unborn child's father unless
(1) paternity has been determined otherwise
				by a court, administrative agency, or quasi-judicial entity authorized by law
				to determine parentage; or
(2)
				affidavits that meet the requirements of
				AS
				18.50.160(d)(2) and (g) are
				submitted to 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 45.515 - Supplemental security income child cases

Current through May 31, 2024
(a) If a child
				receives SSI benefits, the department will allow the caretaker relative to
				either exclude that child from the assistance unit or include that child in the
				assistance unit, and, except as specified in (b) of this section, shall
				disregard the income and resources of that child in the eligibility
				determination and benefit calculation for the assistance unit.
(b) If the caretaker relative elects to
				include the SSI child in the assistance unit, the department will consider the
				income of the SSI child to be an amount equal to the need-standard increment
				for an additional child as specified in
				7 AAC 45.520(a) (1).
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 45.520 - Qualifying standards

Current through May 31, 2024
(a) The department will determine an
				assistance unit's income eligibility under
				7 AAC 45.470, and will determine an assistance unit's
				payment amount under
				7 AAC 45.525, by using the following standards:
(1) adult-included standards, used when the
				assistance unit includes one caretaker relative or two parents and both parents
				are physically and mentally able to perform gainful activity:
Assistance Unit Size One Caretaker
Relative Two-Parent
Family
185 Percent
Standard
Need
Standard 23 $ 1,739 $ 94034 1,9551,17445 2,1711,17456
				  2,3881,29167 2,6041,40878 2,8211,52589 3,0371,642910 3,4701,7591011 3,4701,876
				  Each Additional Child 216 117
(2) adult-included standards, used when the
				assistance unit includes two parents and one parent is physically or mentally
				unable to perform gainful activity as described in
				7 AAC 45.235:
Assistance Unit
Size 185 Percent
Standard
Need Standard 3 $ 1,955 $ 1,0574 2,171 1,1745 2,388 1,2916
				  2,604 1,4087 2,821 1,5258 3,037 1,6429 3,254 1,75910 3,470 1,876 Each
				  Additional Child 216 117
(3) child-only standards, used when no
				caretaker relative is included in the assistance unit:
Assistance Unit
Size 185 Percent
Standard
Need Standard 1 $ 956 $ 5172 1,172 6343 1,389 7514 1,605
				  8685 1,822 9856 2,038 1,1027 2,255 1,2198 2,431 1,3369 2,688 1,45310 2,904
				  1,570 Each Additional Child 216 117
(4) pregnant-woman standard, used when the
				assistance unit consists of a pregnant woman who has no other children eligible
				to receive ATAP benefits:
Assistance Unit
Size 185 Percent
Standard
Need Standard 1 $ 1,089 $ 589
Alaska Administrative Code › Title 7 - Health and Social Services › Part 3 - Public Assistance and Medical Assistance › Chapter 45 - Alaska Temporary Assistance Program › 7 AAC 45.523 - Maximum payment levels

Current through May 31, 2024
(a) ATAP benefits under this chapter are
				subject to the following maximum payment levels:
(1) $821 for an assistance unit that includes
				one caretaker relative and a dependent child, plus $102 for each additional
				child and $102 for a second parent if the second parent is physically or
				mentally unable to perform gainful activity as described in
				7 AAC 45.235;
(2) $452 for a dependent child living in the
				home of a non-needy relative, plus $102 for each additional dependent
				child;
(3) $514 for a pregnant
				woman.
Alaska Administrative Code › Title 7 - Health and Social Services › Part 3 - Public Assistance and Medical Assistance › Chapter 45 - Alaska Temporary Assistance Program › 7 AAC 45.525 - Determining the amount of payment

Current through May 31, 2024
(a) The department
				will determine the amount of an ATAP payment to an assistance unit in
				accordance with this section.
(b)
				The following are subtracted from the need standard applicable to the
				assistance unit under
				7 AAC 45.520:
(1) the
				countable income of that assistance unit, as determined under
				7 AAC 45.470(b);
(2) the amount of any reduction for low
				shelter costs, as calculated under
				7 AAC 45.527 -
				7 AAC 45.530.
Alaska Administrative Code › Title 7 - Health and Social Services › Part 3 - Public Assistance and Medical Assistance › Chapter 45 - Alaska Temporary Assistance Program › 7 AAC 45.527 - Standard shelter allowance; reduction for low shelter costs

Current through May 31, 2024
(a) The portion of
				the ATAP payment allocated as the standard shelter allowance under
				AS
				47.27.025(d) is 30 percent
				of the assistance unit's need standard, as determined under
				7 AAC 45.520.
(b) An assistance unit that does not include
				a caretaker relative is not subject to a reduction in payment due to low
				shelter costs. For other assistance units, the amount of the reduction required
				by 7 AAC 45.525 for low shelter costs
				is calculated by subtracting from the standard shelter allowance the amount of
				the assistance unit's allowable shelter costs established under
				7 AAC 45.528. If the amount calculated is less than $1,
				the amount of the reduction for low shelter costs is $0.
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 45.528 - Allowable shelter costs

Current through May 31, 2024
(a) To calculate
				the reduction for low shelter costs under
				7 AAC 45.527, the department will establish an allowable
				shelter cost amount based on the monthly expenses incurred for the housing unit
				that is the assistance unit's home, as determined under
				7 AAC 45.225. Allowable shelter costs are limited to
(1) rental payments, including payments for a
				trailer or mobile home space or a boat berth, and security deposits required to
				secure a permanent housing unit;
(2) mortgage payments, including payments on
				a trailer, mobile home, or boat, and the property on which the trailer, mobile
				home, or boat usually rests;
(3)
				property taxes and other assessments levied against the home
				property;
(4) mortgage,
				homeowner's, or renter's insurance; and
(5) utilities, as allowed under either
				7 AAC 45.529 or
				7 AAC 45.530.
Alaska Administrative Code › Title 7 - Health and Social Services › Part 3 - Public Assistance and Medical Assistance › Chapter 45 - Alaska Temporary Assistance Program › 7 AAC 45.529 - Standard heating and utility allowance

Current through May 31, 2024
(a) If an applicant
				provides evidence that the assistance unit incurs a direct, itemized cost at
				least annually for the purchase of electricity, fuel oil, natural gas,
				liquefied petroleum gas, coal, wood, or other fuel as the assistance unit's
				principal source of home heating energy, the applicant may choose to have the
				standard heating and utility allowance in (c) of this section allowed as the
				assistance unit's total monthly utility costs under
				7 AAC 45.528(a) (5). If the assistance
				unit's total utility costs, including costs incurred for heating, are not
				determined under this section, they will be determined under
				7 AAC 45.530.
(b) Repealed 1/7/2005.
(c) The standard heating and utility
				allowance is determined by applying the following regional standards:
Utility Region Monthly Standard Heating
Utility Allowance Central $ 254 Northern 372 Northwest 537
				  Southcentral 297 Southeast 297 Southwest 503.
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 45.530 - Allowable utility costs

Current through May 31, 2024
(a) The allowable
				utility costs of an assistance unit that does not have the standard heating and
				utility allowance applied under
				7 AAC 45.529 will be determined under this section, and
				are limited to
(1) electricity;
(2) basic, single-line telephone
				service;
(3) water, including water
				delivery;
(4) sewage disposal,
				including pumping of septic tanks and holding tanks and commercial honey-bucket
				service;
(5) garbage collection,
				including pickup of recyclable household containers; and
(6) home heating, cooking, or lighting fuel,
				including fuel oil, natural gas, liquefied petroleum gas, coal, wood, and other
				home heating, cooking, or lighting fuel.
Alaska Administrative Code › Title 7 - Health and Social Services › Part 3 - Public Assistance and Medical Assistance › Chapter 45 - Alaska Temporary Assistance Program › 7 AAC 45.531 - Utility regions

Current through May 31, 2024
(a) The regional standard utility allowances
				applicable to an assistance unit under
				7 AAC 45.529 or
				7 AAC 45.530 shall be determined according to the
				physical location of the assistance unit's home within the utility regions
				identified in this section.
(b)
				Each utility region includes the area within the following United States census
				areas, as identified in the United States Department of Commerce Bureau of the
				Census publication,
Census of Population and Housing, 1990, Summary
				Population and Housing Characteristics: Alaska, 1991,
adopted by
				reference in this section:
(1) Central
				Utility Region census areas:
(A) Anchorage
				Borough;
(B) Matanuska-Susitna
				Borough;
Alaska Administrative Code › Title 7 - Health and Social Services › Part 3 - Public Assistance and Medical Assistance › Chapter 45 - Alaska Temporary Assistance Program › 7 AAC 45.540 - Initial payment

Current through May 31, 2024
(a) For the purposes of calculating the
				amount of the first ATAP payment, an approved applicant's eligibility for ATAP
				benefits begins
(1) on the date that a
				district office of the division handling public assistance matters in the
				department receives the applicant's identifiable application, as described in
				7 AAC 45.150; or
(2) if the applicant was initially determined
				to be ineligible, on the date that the department determines the applicant to
				be eligible.
Alaska Administrative Code › Title 7 - Health and Social Services › Part 3 - Public Assistance and Medical Assistance › Chapter 45 - Alaska Temporary Assistance Program › 7 AAC 45.545 - Method of payment

Current through May 31, 2024
(a) Only the division of the department that
				is responsible for administering the ATAP program under this chapter may
				authorize payment of ATAP benefits.
(b) Except as otherwise provided in this
				section for cash assistance, and in
				7 AAC 45.258(g) for PASS I child care
				assistance, ATAP payments are made by state warrant mailed directly to the
				caretaker relative with whom the eligible dependent child is living using the
				address where the recipient customarily receives mail or by electronic transfer
				of funds to the caretaker relative's personal financial account or electronic
				benefit transfer (EBT) account with the state's financial EBT agent. In order
				to ensure proper delivery of the payment to an assistance unit, the department
				may issue the payment to
(1) a protective
				payee as provided for in this chapter;
(2) an individual at a different address, if
				requested in writing by the caretaker relative or the caretaker relative's
				authorized representative;
(3) the
				recipient, in care of a department office, if there has been a serious problem
				of theft or nondelivery of mail and there is no other individual available to
				receive the payment; or
(4) a
				second individual who is authorized to receive an ATAP payment, if requested in
				writing by the caretaker relative or the caretaker relative's authorized
				representative.
Alaska Administrative Code › Title 7 - Health and Social Services › Part 3 - Public Assistance and Medical Assistance › Chapter 45 - Alaska Temporary Assistance Program › 7 AAC 45.555 - Adding and removing a member of an assistance unit

Current through May 31, 2024
(a) The department
				will add an adult or child to an existing assistance unit only upon a request
				of the caretaker relative. As soon as the caretaker relative demonstrates that
				the individual to be added meets all of the eligibility requirements of this
				chapter, the department will determine eligibility for the month in which all
				factors of eligibility were met for at least one day in that month. The
				department will prorate the first month's payment increase for the new
				individual's needs.
(b) If an
				individual included in an ATAP assistance unit leaves the household, the
				department will delete that individual from the assistance unit, beginning with
				the first full month the individual is gone.
(c) If a stepparent with an eligible child is
				added to an assistance unit and the stepparent's income has been available to
				the assistance unit under
				7 AAC 45.465, the department will allow the applicable
				deductions from earned income under
				7 AAC 45.475 -
				7 AAC 45.500.
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 45.560 - Special reviews

Current through May 31, 2024
(a) The department may conduct a special
				review of the eligibility of an assistance unit in the same manner as it would
				treat the eligibility of a new assistance unit. In conducting a special review,
				the department may
(1) require an eligible
				signer to complete a new application on behalf of the assistance
				unit;
(2) conduct a face-to-face
				interview in accordance with
				7 AAC 45.170;
(3) review the completeness of verification
				and documentation of all factors of eligibility not normally subject to
				change;
(4) verify all factors
				subject to change; and
(5) review
				any other factor or matter relating to the recipient's receipt of 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 45.565 - Correction of underpayment

Current through May 31, 2024
(a) If a recipient
				receives an ATAP payment in a smaller amount than the recipient is actually
				entitled to receive, unless the underpayment is caused by the recipient's
				failure to report as required by
				7 AAC 45.270, the department will promptly provide the
				recipient with a corrective payment equal to the difference between the amount
				the recipient actually received and the amount the recipient was entitled to
				receive. The department will make a corrective payment only to an individual
				who is a recipient.
(b) The
				department will determine, on a month-by-month basis, the cause and amount of
				each eligible month's underpayment. In determining the amount of a past month's
				underpayment, the department will not anticipate income prospectively, but will
				use the actual amount of income received in that prior month.
(c) If the department and the recipient, in
				cooperation, cannot obtain sufficient evidence to determine the amount of the
				underpayment for a month, the department will not include that month in
				calculating the total underpayment amount.
(d) If an assistance unit receives both an
				overpayment and an underpayment, the department will adjust the underpayment
				amount to compensate for the overpayment before it orders a corrective payment
				or pursues collection of the overpayment under
				7 AAC 45.570.
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 45.570 - Collection of overpayment

Current through May 31, 2024
(a) Except as
				provided in (k) of this section, the department will pursue collection from a
				current recipient of ATAP benefits or a former recipient of ATAP or AFDC
				benefits who received an overpayment, regardless of the amount or cause of the
				overpayment, unless the overpayment was caused by the department, in which case
				the department will pursue collection only if the overpayment exceeds $100. The
				provisions of this section also apply to an overpayment of PASS I child care
				assistance. The family is responsible for repayment unless the overpayment
				occurred because of an intentional program violation by a provider under 7 AAC
				41, in which case the provider is responsible for repayment. For purposes of
				collection of an overpayment from a provider, the provisions of
				7 AAC 41.420 are applicable.
(b) An individual who was a member of an
				assistance unit during a month in which that assistance unit received an
				overpayment is responsible for repaying the overpayment, even if that
				individual has moved to a new assistance unit, or is no longer a member of an
				assistance unit.
(c) An alien and
				the alien's sponsor are jointly and separately liable for overpayment caused by
				the sponsor's failure to provide correct information to the department. If the
				sponsor is without fault or has good cause for not providing correct
				information, then the alien alone is liable.
(d) If the department discovers that an
				overpayment has occurred, the department will send an overpayment notice to
				each individual determined to be responsible for repayment under (b) or (c) of
				this section. An overpayment notice will notify the individual
(1) of the overpayment amount;
(2) of the reason for the overpayment;
				and
(3) that repayment is
				required.
Alaska Administrative Code › Title 7 - Health and Social Services › Part 3 - Public Assistance and Medical Assistance › Chapter 45 - Alaska Temporary Assistance Program › 7 AAC 45.580 - Intentional program violation

Current through May 31, 2024
(a) If an
				individual member of an assistance unit applying for or receiving ATAP
				benefits, including PASS I child care assistance, or having received AFDC
				benefits, is believed by the department to have committed an intentional
				program violation, as defined in (n) of this section, the department may
(1) proceed against the accused individual
				through an administrative disqualification hearing, in accordance with
				7 AAC 45.585; or
(2) refer the matter to the appropriate
				authorities for civil or criminal action in a state or federal court.
Alaska Administrative Code › Title 7 - Health and Social Services › Part 3 - Public Assistance and Medical Assistance › Chapter 45 - Alaska Temporary Assistance Program › 7 AAC 45.583 - Notice of administrative disqualification hearing

Current through May 31, 2024
If the department believes that an individual has committed
				  an intentional program violation under
				  7 AAC 45.580, the department will refer the matter to
				  the office of administrative hearings (AS
				  44.64.010)  for scheduling of an
				  administrative disqualification hearing under
				  7 AAC 45.585. After the office of administrative
				  hearings sets a date and time for the hearing, and not later than 30 days
				  before that date, the department will provide the individual with written
				  notice of the administrative disqualification hearing. In the notice the
				  department will include
(1) the date
				and time of the hearing;
(2) the
				accusations against the individual;
(3) a summary of the evidence to be presented
				by the department, and how and where the evidence can be examined;
(4) a statement whether a hearing
				postponement is available, as provided in
				7 AAC 45.585;
(5) an explanation of the consequences of
				failure to appear at the hearing, as provided in
				7 AAC 45.585;
(6) instructions on how to claim good cause
				for failure to appear at the hearing, as provided in
				7 AAC 45.585;
(7) a description of the disqualification
				penalties, as provided in
				AS
				47.27.015(e), and the
				penalty applicable to the case scheduled for hearing;
(8) a statement that the hearing does not
				preclude the state or the federal government from prosecuting the individual
				for an intentional program violation in a civil or criminal court action, or
				from recovering an overpayment;
(9)
				a list of the public resources that may provide free legal representation, and
				a statement that the department is not responsible for providing legal
				representation;
(10) a statement
				that the hearing may be held in person or by telephone, at the discretion of
				the administrative law judge;
(11)
				a statement that the accused individual has the right to remain silent, and
				that anything the individual states, or any written statement the individual
				signs, concerning the accusations can be used against the individual in the
				hearing or a court of law; and
(12)
				a statement that the accused individual may waive the right to the
				disqualification hearing; in the statement the department will inform the
				individual
(A) of the date by which a signed
				waiver-of-rights form must be received by the department;
(B) that a waiver of the individual's rights
				will result in disqualification of the accused individual and a reduction in
				the ATAP benefit paid to the individual's assistance unit during the period of
				disqualification, even if the accused individual does not admit to the facts as
				represented by the department; and
(C) that the individual may specify on the
				waiver-of-rights form whether the individual admits to the facts as represented
				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 45.585 - Administrative disqualification hearing

Current through May 31, 2024
(a) An accused
				individual may request one hearing postponement of not more than 30 calendar
				days after the date of the first scheduled administrative disqualification
				hearing if the department and the office of administrative hearings receive the
				request for postponement not later than 10 calendar days before the first
				scheduled hearing.
(b) If an
				accused individual or the individual's representative fails to appear at an
				administrative disqualification hearing, the administrative law judge shall
(1) hold the hearing without the accused
				individual or the individual's representative;
(2) consider the evidence based on the
				information provided by the department; and
(3) determine if an intentional program
				violation was committed.
Alaska Administrative Code › Title 7 - Health and Social Services › Part 3 - Public Assistance and Medical Assistance › Chapter 45 - Alaska Temporary Assistance Program › 7 AAC 45.590 - Protective payee

Current through May 31, 2024
(a) The department will make ATAP benefit
				payments through a protective payee whenever an applicant or a recipient
(1) receives and keeps a child support
				payment notwithstanding the assignment, under
				AS
				47.27.040 and
				7 AAC 45.240, of the right to that payment;
(2) fails to cooperate in obtaining child
				support under
				AS
				47.27.040 and
				7 AAC 45.245; or
(3) fails to participate in work activities
				as required under
				AS
				47.27.035 and
				7 AAC 45.260.
Alaska Administrative Code › Title 7 - Health and Social Services › Part 3 - Public Assistance and Medical Assistance › Chapter 45 - Alaska Temporary Assistance Program › 7 AAC 45.600 - Time limits

Current through May 31, 2024
(a) For the purposes of determining the
				number of months counted toward the 60-month limit on eligibility for ATAP
				benefits, under
				AS
				47.27.015(a)(1) and
				47.27.030(b), and
				the 24-month deadline for participating in work activities, under
				AS
				47.27.030(b) and
				47.27.035(a), a
				month for which ATAP cash assistance is issued is considered as one month,
				regardless of the amount of the cash assistance or whether that assistance is
				prorated for a partial month. However, if the family is later determined to be
				ineligible for ATAP cash assistance in a month and is under direction to repay
				to the state the entire amount of the cash assistance for that month, that
				month does not count. In addition, if the family does not use the most recent
				monthly payment of cash assistance, and either returns that payment to the
				department or requests that the payment be cancelled, that month does not
				count. The following are considered to be months of ATAP cash assistance:
(1) a month for which an adult is subject to
				a penalty under
				7 AAC 45.980; and
(2) a month for which an adult is required by
				7 AAC 45.195 to be included in the mandatory filing
				unit, but
(A) under
				AS
				47.27.015(g), that adult is
				ineligible for assistance because of the adult's alien status; or
(B) under
				7 AAC 45.255, the needs of that adult may not be
				included in the ATAP eligibility determination or payment calculation because
				of that adult's failure or refusal to meet Social Security Administration
				enumeration requirements.
Alaska Administrative Code › Title 7 - Health and Social Services › Part 3 - Public Assistance and Medical Assistance › Chapter 45 - Alaska Temporary Assistance Program › 7 AAC 45.950 - Transition from AFDC to ATAP

Current through May 31, 2024
(a) All rights to
				child support that were assigned to the state as a condition of receiving AFDC
				benefits under former AS 47.25.301-47.25.420 and that were in effect on June
				30, 1997 remain assigned to the state as a condition of receiving ATAP benefits
				or previously receiving AFDC benefits.
(b) A penalty or period of disqualification
				imposed upon an individual under former AS 47.25.310 - 47.25.420 (AFDC
				program), and in effect on June 30, 1997, remains in effect until the end of
				the specified period.
(c)
				Notwithstanding
				7 AAC 49.010 and except for administrative
				disqualification hearings for intentional program violations conducted under
				7 AAC 45.585, hearings concerning denials, terminations,
				limitations, or modifications of ATAP benefits shall be conducted under
				7 AAC 49.010 - 49.900.
Authority:
AS
					 47.05.010
AS 47.27.005
AS
					 47.27.065
Alaska Administrative Code › Title 7 - Health and Social Services › Part 3 - Public Assistance and Medical Assistance › Chapter 45 - Alaska Temporary Assistance Program › 7 AAC 45.960 - Qualifications to administer ATAP under contract or grant

Current through May 31, 2024
To be a qualified entity for the purpose of administering the
				  ATAP or a part of it, the entity must be included in the definition of
				  "qualified entities" in
				  AS
				  47.27.050, and must provide the service
				  through individuals who have
(1)
				advanced education in a field related to administration of a social services
				program; or
(2) had employment or
				other personal experience demonstrating an ability to work successfully with
				individuals to enhance their employability.
Authority:
AS
					 47.05.010
AS 47.27.005
AS
					 47.27.050
Alaska Administrative Code › Title 7 - Health and Social Services › Part 3 - Public Assistance and Medical Assistance › Chapter 45 - Alaska Temporary Assistance Program › 7 AAC 45.980 - Reduction in cash assistance due to noncompliance; general

Current through May 31, 2024
(a) The reductions
				in cash assistance due to noncompliance with program requirements, as set out
				in AS
				47.27.085(a), apply to the
				failure to
(1) comply with an FSSP, as
				required by
				AS
				47.27.030;
(2) participate in work activities, as
				required by
				AS
				47.27.035;
(3) cooperate with the child support services
				agency as required by
				AS
				47.27.040 and
				7 AAC 45.245.
Alaska Administrative Code › Title 7 - Health and Social Services › Part 3 - Public Assistance and Medical Assistance › Chapter 46 - Food Stamp Program › 7 AAC 46.010 - Administration of program; scope of regulations

Current through May 31, 2024
The division administers the food stamp program in accordance
				  with the Food Stamp Act of 1977, as amended (7 U.S.C.
				  2011 -
				  2029)  and federal regulations
				  promulgated under the Food Stamp Act of 1977, as amended (7 U.S.C.
				  2011 -
				  2029). Federal food stamp program
				  regulations, including subsequent changes, at  7 C.F.R. 271 - 274  are adopted by
				  reference. The provisions of
				  7 AAC 46.021 -
				  7 AAC 46.990 address elements of the program which have
				  been committed to the discretion of the division.
See Editor's notes after
					 7 AAC 46.021 regarding availability of the Code of
					 Federal Regulations and Federal
					 Register.
Authority:
AS
					 47.25.975
AS
					 47.25.980
Alaska Administrative Code › Title 7 - Health and Social Services › Part 3 - Public Assistance and Medical Assistance › Chapter 46 - Food Stamp Program › 7 AAC 46.990 - Definitions

Current through May 31, 2024
(a) Unless the context indicates otherwise,
				in this chapter
(1) "department" means the
				Alaska Department of Health and Social Services;
(2) "division" means the division of public
				assistance in the department;
(3)
				"state agency" means the division;
(4) "public assistance" means Old Age
				Assistance, Aid to the Disabled, Aid to the Blind, General Relief, Alaska
				Temporary Assistance Program, Medicaid, General Relief Medical Assistance, and
				Heating Assistance.
Alaska Administrative Code › Title 7 - Health and Social Services › Part 3 - Public Assistance and Medical Assistance › Chapter 47 - General Relief › Article 1 - General Relief and General Relief Medical › 7 AAC 47.020 - Application

Current through May 31, 2024
(a) The grant of General Relief assistance
				  and General Relief Medical assistance may be considered only upon application.
				  Any person, regardless of race, religion, age, sex, or national origin, may
				  apply for this assistance. Applications must be made on a form designated by
				  the division of public assistance. The form is available at any district office
				  of the division and must be filed at a district office. Application may be made
				  either by the individual requesting the assistance or by a responsible person
				  acting on behalf of the individual.
(b) Notwithstanding (a) of this section, the
				  division will not accept an application for General Relief Medical assistance
				  if the application is received in a district office after July 31,
				  1998.
Authority:
AS
						47.05.010
AS
						47.25.150
Alaska Administrative Code › Title 7 - Health and Social Services › Part 3 - Public Assistance and Medical Assistance › Chapter 47 - General Relief › Article 1 - General Relief and General Relief Medical › 7 AAC 47.030 - Application exception

Current through May 31, 2024
(a) If, because of a medical emergency, a
				  person is unable to apply for General Relief Medical assistance before
				  treatment is received, the patient or a representative of the patient must make
				  application within 30 days of discharge from the medical facility. Failure to
				  apply within 30 days of discharge will result in denial of coverage for
				  services provided before the application is submitted.
(b) Notwithstanding (a) of this section, the
				  division will not accept an application for General Relief Medical assistance
				  if the application is received in a district office after July 31,
				  1998.
Emergency amendments of
						7 AAC 43.005(c),
						7 AAC 47.030,
						7 AAC 47.050,
						7 AAC 47.060,
						7 AAC 47.070,
						7 AAC 47.110,
						7 AAC 47.180,
						7 AAC 47.200,
						7 AAC 47.210,
						7 AAC 47.220 and
						7 AAC 47.900, filed on 4/15/82 (effective 5/17/82), were
						repealed on 5/25/82 and are therefore not being printed. The text of these
						provisions appears as it did before the emergency
						amendments.
Authority:
AS
						47.05.010
AS
						47.25.150
Alaska Administrative Code › Title 7 - Health and Social Services › Part 3 - Public Assistance and Medical Assistance › Chapter 47 - General Relief › Article 1 - General Relief and General Relief Medical › 7 AAC 47.040 - Documentation

Current through May 31, 2024
If at all possible, an applicant shall make himself
					 available for an interview at a district office of the division. If he cannot
					 be interviewed, statements of other persons who have knowledge of the
					 applicant's need or of aspects of his circumstances relating to factors of
					 eligibility must be obtained. Whether or not the applicant can be interviewed
					 personally, he shall furnish adequate evidence to demonstrate his specific need
					 and his eligibility for assistance. If there are compelling reasons beyond the
					 control of the applicant or the division why adequate evidence cannot be
					 obtained in a timely manner, and if there is no reasonable cause to doubt
					 statements of fact presented by or on behalf of the applicant, assistance may
					 be granted before receipt of the necessary evidence, upon approval by a
					 regional manager of the division or his designee. The provision of assistance
					 in such cases will neither relieve the recipient of the liability to repay
					 granted assistance for which he is not entitled as provided by
					 AS
					 47.25.260, nor will it prevent possible fraud
					 prosecution under
					 AS
					 47.25.290.
Authority:
AS
						47.05.010
AS
						47.25.160
Alaska Administrative Code › Title 7 - Health and Social Services › Part 3 - Public Assistance and Medical Assistance › Chapter 47 - General Relief › Article 1 - General Relief and General Relief Medical › 7 AAC 47.050 - Eligibility decision

Current through May 31, 2024
The division shall render an eligibility decision upon each
					 identifiable application for assistance and shall forward to the applicant a
					 written notice-of-eligibility decision no later than 30 days from the receipt
					 of the application by a district office. In this section, "identifiable"
					 application means one which contains at least the applicant's name, mailing
					 address, and signature or witnessed mark. However, in order for assistance to
					 be granted, the applicant must complete all portions of the
					 application.
Emergency amendments of
						7 AAC 43.005(c),
						7 AAC 47.030,
						7 AAC 47.050,
						7 AAC 47.060,
						7 AAC 47.070,
						7 AAC 47.110,
						7 AAC 47.180,
						7 AAC 47.200,
						7 AAC 47.210,
						7 AAC 47.220 and
						7 AAC 47.900, filed on 4/15/82 (effective 5/17/82), were
						repealed on 5/25/82 and are therefore not being printed. The text of these
						provisions appears as it did before the emergency
						amendments.
Authority:
AS
						47.05.010
AS
						47.25.170
Alaska Administrative Code › Title 7 - Health and Social Services › Part 3 - Public Assistance and Medical Assistance › Chapter 47 - General Relief › Article 1 - General Relief and General Relief Medical › 7 AAC 47.060 - Period of eligibility

Current through May 31, 2024
Eligibility for General Relief assistance may extend no
					 longer than six months from the date of application and eligibility for General
					 Relief Medical assistance may not extend beyond July 31, 1998. Retroactive
					 eligibility will be limited to the circumstances described in
					 7 AAC 47.030. At the expiration of the eligibility
					 period for General Relief assistance, or at any time during the eligibility
					 period for General Relief assistance when a change is indicated in the
					 recipient's need or circumstances, the division may require a new application
					 and full supporting verification.
Emergency amendments of
						7 AAC 43.005(c),
						7 AAC 47.030,
						7 AAC 47.050,
						7 AAC 47.060,
						7 AAC 47.070,
						7 AAC 47.110,
						7 AAC 47.180,
						7 AAC 47.200,
						7 AAC 47.210,
						7 AAC 47.220 and
						7 AAC 47.900, filed on 4/15/82 (effective 5/17/82), were
						repealed on 5/25/82 and are therefore not being printed. The text of these
						provisions appears as it did before the emergency
						amendments.
Authority:
AS
						47.05.010
AS
						47.25.120
Alaska Administrative Code › Title 7 - Health and Social Services › Part 3 - Public Assistance and Medical Assistance › Chapter 47 - General Relief › Article 1 - General Relief and General Relief Medical › 7 AAC 47.070 - Availability of hearing

Current through May 31, 2024
Any applicant or recipient whose application is not acted
					 upon within 30 days after receipt, whose application is modified or denied, or
					 whose assistance is reduced or discontinued, shall, upon presentation of an
					 oral or written request to any employee of the division, be granted an
					 opportunity for a prompt hearing before a representative of the division. This
					 hearing must be conducted under the procedure established by 7 AAC
					 49.
Emergency amendments of
						7 AAC 43.005(c),
						7 AAC 47.030,
						7 AAC 47.050,
						7 AAC 47.060,
						7 AAC 47.070,
						7 AAC 47.110,
						7 AAC 47.180,
						7 AAC 47.200,
						7 AAC 47.210,
						7 AAC 47.220 and
						7 AAC 47.900, filed on 4/15/82 (effective 5/17/82), were
						repealed on 5/25/82 and are therefore not being printed. The text of these
						provisions appears as it did before the emergency
						amendments.
Authority:
AS
						47.05.010
AS
						47.25.180
Alaska Administrative Code › Title 7 - Health and Social Services › Part 3 - Public Assistance and Medical Assistance › Chapter 47 - General Relief › Article 1 - General Relief and General Relief Medical › 7 AAC 47.080 - Report of change

Current through May 31, 2024
It is the responsibility of the recipient or his authorized
					 representative to report to the nearest district office all changes which might
					 affect his continuing eligibility. Such changes must be reported orally or in
					 writing within 10 days after their occurrence. Changes which must be reported
					 include, but are not limited to, changes in the nature of the specific need,
					 living arrangements, income, and resources.
Authority:
AS
						47.05.010
AS
						47.25.200
Alaska Administrative Code › Title 7 - Health and Social Services › Part 3 - Public Assistance and Medical Assistance › Chapter 47 - General Relief › Article 1 - General Relief and General Relief Medical › 7 AAC 47.090 - Persons liable for care of the recipient

Current through May 31, 2024
The support of needy persons required by
					 AS
					 47.25.230 of certain relatives who have the
					 ability to furnish it means all needs for which General Relief assistance is
					 authorized by the chapter, including General Relief Medical
					 assistance.
Authority:
AS
						47.05.010
AS
						47.25.230
Alaska Administrative Code › Title 7 - Health and Social Services › Part 3 - Public Assistance and Medical Assistance › Chapter 47 - General Relief › Article 1 - General Relief and General Relief Medical › 7 AAC 47.100 - Limits of General Relief assistance

Current through May 31, 2024
The amount of General Relief assistance paid to or on
					 behalf of eligible applicants is based on the extent of the specified need and
					 the availability of program funds, but does not exceed a total of $80 per
					 person per month. Within this limitation, payments for food stamps may be
					 allowed, subject to the provisions of the food stamp program.
Authority:
AS
						47.05.010
AS
						47.25.130
Alaska Administrative Code › Title 7 - Health and Social Services › Part 3 - Public Assistance and Medical Assistance › Chapter 47 - General Relief › Article 1 - General Relief and General Relief Medical › 7 AAC 47.110 - Vendor payments

Current through May 31, 2024
General Relief payments for rent, food, fuel, clothing,
					 utilities, house repair, transportation, or funeral and burial expenses, as
					 well as General Relief Medical assistance payments, may be made only to the
					 vendor or provider and not to the recipient of assistance. General Relief
					 vendor payments may not be made for services or goods provided before the month
					 of application. General Relief Medical provider payments may be made for
					 medical services or goods provided before the month of application on behalf of
					 those persons who meet the requirements of
					 7 AAC 47.030.
Emergency amendments of
						7 AAC 43.005(c),
						7 AAC 47.030,
						7 AAC 47.050,
						7 AAC 47.060,
						7 AAC 47.070,
						7 AAC 47.110,
						7 AAC 47.180,
						7 AAC 47.200,
						7 AAC 47.210,
						7 AAC 47.220 and
						7 AAC 47.900, filed on 4/15/82 (effective 5/17/82), were
						repealed on 5/25/82 and are therefore not being
						printed.
Authority:
AS
						47.05.010
AS
						47.25.170
Alaska Administrative Code › Title 7 - Health and Social Services › Part 3 - Public Assistance and Medical Assistance › Chapter 47 - General Relief › Article 1 - General Relief and General Relief Medical › 7 AAC 47.130 - Funeral and burial expenses

Current through May 31, 2024
(a) The department
				  will pay general relief assistance to a vendor for basic funeral and burial
				  services provided in the state at the rates published in that vendor's general
				  price list, up to a maximum payment of $1250 to each vendor for each deceased
				  person. Basic funeral and burial services include
(1) preparation and embalming;
(2) provision of a cloth-covered casket with
				  at least four handles and a padded and lined interior, which is similar to
				  Sound Casket Company No. 199 gray domet or Puget Sound Casket Co. No. 0 gray
				  flannel square;
(3) one chapel
				  service at the vendor's place of business;
(4) use of a hearse; and
(5) use of other facilities and equipment
				  necessary for burial or cremation if the next-of-kin requests
				  cremation.
Alaska Administrative Code › Title 7 - Health and Social Services › Part 3 - Public Assistance and Medical Assistance › Chapter 47 - General Relief › Article 1 - General Relief and General Relief Medical › 7 AAC 47.140 - Eligibility factors

Current through May 31, 2024
(a) Eligibility for General Relief and
				  General Relief Medical assistance is based upon
(1) financial need;
(2) lack of prior or personal
				  resources;
(3) age;
(4) residence in the State of Alaska at the
				  time of application; proof of residence may be required;
(5) U.S. citizenship or status as a legal
				  alien;
(6) for General Relief,
				  immediate and specific need for subsistence items, such as rent, food, fuel,
				  transportation, or burial; and
(7)
				  for General Relief Medical assistance, immediate and specific need for medical
				  care or transportation related to the provision of medical services.
Alaska Administrative Code › Title 7 - Health and Social Services › Part 3 - Public Assistance and Medical Assistance › Chapter 47 - General Relief › Article 1 - General Relief and General Relief Medical › 7 AAC 47.150 - Determination of General Relief financial eligibility

Current through May 31, 2024
(a) Financial
				  eligibility for General Relief assistance exists only if the need standard
				  exceeds monthly net income, as determined under this section.
(b) Need is determined by use of the
				  following table:
Number of
Persons Maximum Monthly
Need Standard 1 $ 3002 4003 5004 6005 700 $ 100 must be
					 added for each additional person.
(c) Monthly net income is determined by
(1) counting all income earned or unearned,
				  from any source, except payments made under the Alaska Native Claims Settlement
				  Act, received during the calendar month in which application is made, and all
				  income reasonably expected to be received in time to meet the specific needs
				  (income received weekly is multiplied by 4.3, that received every two weeks by
				  2.15, that received twice monthly by 2, and that received monthly by
				  1);
(2) subtracting all payroll
				  deductions required by the employer, including federal and state income tax,
				  FICA, unemployment insurance, union dues, insurance premiums, and retirement,
				  from gross earned income, and subtracting from earned or unearned income
				  voluntary health insurance premiums which are paid for persons included in the
				  household as described in (d) of this section; and
(3) not counting income received in the month
				  just before the calendar month in which application is made, but considering
				  this a resource under sec. 160 of this chapter.