Alaska Administrative Code › Title 7 - Health and Social Services › Part 3 - Public Assistance and Medical Assistance › Chapter 47 - General Relief › Article 2 - General Relief Assisted Living Home Care › 7 AAC 47.355 - Resource exclusions

Current through May 31, 2024
(a) Certain types of resources, excluded
				  under the APA program in 7 AAC 40, are also excluded under this chapter in
				  determining the resources of an individual described in
				  7 AAC 47.330, together with the resources of a spouse,
				  if any, under
				  7 AAC 47.360, including
(1) the individual's home if used as the
				  principal place of residence, all land contiguous to it, and all outbuildings
				  necessary for operation of the home;
(2) household goods and personal effects
				  having an equity value of $2,000 or less, one wedding ring, one engagement
				  ring, and any household goods or personal effects the retention of which is
				  necessitated by the individual's physical condition, such as a prosthetic
				  device or hospital bed;
(3) one
				  motor vehicle regardless of value if the motor vehicle is used by the
				  individual or a member of the individual's family for employment or for
				  obtaining medical treatment, on a regular basis, or if the motor vehicle has
				  been modified for use by a person with a disability; any other motor vehicle is
				  excluded to the extent that its retail market value does not exceed
				  $4,500;
(4) property necessary for
				  the individual's self-support, including real or personal property used in a
				  trade or business, if the property is producing income consistent with its
				  value;
(5) property of person with
				  a disability, including blindness, that is needed to fulfill a plan for
				  achieving self-support that has been approved by the Social Security
				  Administration or by the division of vocational rehabilitation;
(6) stock held by an Alaska Native in a
				  regional or village corporation under the Alaska Native Claims Settlement Act (43 U.S.C.
				  1606 and
				  1607);
(7) term insurance and burial insurance
				  without regard to value and life insurance if the face value of life insurance
				  policies on an individual does not exceed $1,500; if the face value of life
				  insurance exceeds $1,500, its cash surrender value is a resource;
(8) cash received from an insurance policy to
				  replace or repair an excluded resource if used for repair or replacement within
				  three months of receipt in the case of personal property and within six months
				  in the case of real property;
(9)
				  allotted land held by an individual who is a member of, or eligible for
				  membership in, a federally recognized Indian tribe if the land cannot be
				  alienated without the permission of the tribe or the federal
				  government;
(10) payments made
				  under Title II of the Uniform Relocation Assistance and Real Property
				  Acquisition Act of 1970  (42
				  U.S.C. 4636);
(11) payments to members of the Blackfeet and
				  Gros Ventre tribes under Public Law 92-254 (25 U.S.C.
				  1264)  and Indian per-capita payments made
				  under Public Law 93-134  (25
				  U.S.C. 1407)  to the extent excluded by
				  20 C.F.R.
				  416.1236;
(12) the value of the food stamp allotment
				  provided under 7 U.S.C.
				  2011 -
				  7 U.S.C. 2036 (Food Stamp Program);
				  the value of assistance provided under
				  42 U.S.C.
				  1751 -  42 U.S.C. 1769h  (School Lunch
				  Programs); the value of assistance provided under
				  42 U.S.C.
				  1771 -  42 U.S.C. 1791  (Child Nutrition); and
				  the value of federally donated foods distributed under  7 C.F.R. Part 250,  7
				  C.F.R. Part 251, sec. 32  of Public Law 74-320, or
				  7 U.S.C.
				  1431 (sec. 416 of the Agriculture Act of
				  1949);
(13) any grant or loan to an
				  under-graduate student for educational purposes made or insured by the United
				  States Department of Education under Public Law 90-575 (20 U.S.C.
				  1070 -
				  1089);
(14) payments to volunteers under
				  42 U.S.C.
				  4950 -  42 U.S.C. 5085  (Domestic Volunteer
				  Services);
(15) in accordance with
				  43 U.S.C.
				  1626(c), distributions
				  received by an individual Alaska Native or descendant of an Alaska Native from
				  a Native corporation formed under the Alaska Native Claims Settlement Act as
				  follows:
(A) cash, including cash dividends
				  on stock received from a Native corporation, is disregarded to the extent that
				  it does not, in the aggregate, exceed $2,000 per individual each year; the
				  $2,000 limit is applied separately each year, and cash distributions up to
				  $2,000 that an individual received in a prior year and retains in subsequent
				  years will not be counted as a resource in those years;
(B) stock, including stock issued or
				  distributed by a Native corporation as a dividend or distribution on
				  stock;
(C) a partnership
				  interest;
(D) land or an interest
				  in land, including land or an interest in land received from a Native
				  corporation as a dividend or distribution on stock;
(E) an interest in a settlement
				  trust;
(16) the value of
				  any assistance paid with respect to a dwelling unit under the United States
				  Housing Act of 1937, the National Housing Act, sec. 101 of the Housing and
				  Urban Development Act of 1965, or Title V of the Housing Act of 1949 as
				  provided in 42 U.S.C.
				  1382 a(b)(14) and
				  42 U.S.C.
				  1382 b(a)(8); and
(17) the value of a limited entry fishing
				  permit if the holder of the permit uses the permit to produce income; if the
				  permit used to produce income or is for sale, the fair market value less any
				  amount owed by the holder is included as a resource.