Alaska Administrative Code › Title 7 - Health and Social Services › Part 3 - Public Assistance and Medical Assistance › Chapter 45 - Alaska Temporary Assistance Program › 7 AAC 45.380 - Certain exempt income

Current through May 31, 2024
(a) When determining ATAP eligibility or
				payment amount, the department will not consider the value of the following
				items as income to a member of an ATAP economic unit:
(1) the value of home produce that is
				consumed by the members of a household, including farm or garden crops and home
				canned foods;
(2) the value of food
				donated to a household by the United States Department of
				Agriculture;
(3) the value of
				supplemental food assistance provided to a household under
				42 U.S.C.
				1786 (Child Nutrition Act of 1966, Women
				Infants Children Program), and the special food service program for children
				under 42 U.S.C.
				1751 -
				1769 e (National School Lunch
				Act);
(4) the value of any benefits
				received by anyone in a household under
				42 U.S.C.
				3056 ( P.L. 89-73; Nutrition Program for the
				Elderly, Title VII of the Older Americans Act of 1965);
(5) a payment received under
				42 U.S.C.
				4636 ( P.L. 91-646; Uniform Relocation
				Assistance and Real Property Acquisition Policies Act of 1970);
(6) a payment made to or held in trust for, a
				member of an Indian tribe under
				25 U.S.C.
				1261 ( P.L. 92-254);
				25 U.S.C.
				459 -
				459 e ( P.L. 94-114);
				25 U.S.C.
				1401 -
				1408 ( P.L. 93-134, as amended;
				and 25 U.S.C.
				117 a - 117c ( P.L. 98-64);
(7) $2,000 or less per year of cash
				distributed to an Alaska Native and that Alaska Native's descendants under
				ANCSA; any amount in excess of $2,000 in a calendar year is nonexempt income;
				if an individual receives cash distributions from one or more ANCSA
				corporations, the combined total amount of those distributions that exceeds
				$2,000 in a calendar year is nonexempt income;
(8) the amount of an educational grant,
				scholarship, or other award made to an undergraduate student for educational
				purposes under any program administered, funded or insured under
				20 U.S.C.
				1070 -
				1089 (Title IV of the Higher
				Education Act of 1965; P.L. 89-329, as amended), or under a United States
				Bureau of Indian Affairs student assistance program;
(9) the amount of an educational grant,
				scholarship, or other award for educational purposes that is not made under any
				program administered, funded, or insured under
				20 U.S.C.
				1070 - 1089c-1 (Title IV of the Higher
				Education Act of 1965; P.L. 89-329, as amended), or under a United States
				Bureau of Indian Affairs student assistance program, but that is awarded or
				used under conditions that preclude its use for current living costs;
(10) an educational, personal, commercial, or
				other loan in which the borrower has an obligation to repay, expresses an
				intent to repay, and can supply the department with documentation that proves
				it is a bona fide loan;
(11) income
				earned from employment in a work-study program while attending a college or
				university;
(12) a payment for
				supportive services or reimbursement of out-of-pocket expenses, such as lunches
				or transportation, made to an individual volunteer serving in a program under
				42 U.S.C.
				5000 -
				5028 a (Title II of the Domestic
				Volunteer Service Act of 1973, P.L. 93-113), including foster grandparent and
				senior companion programs;
(13) a
				payment made in the form of salary, wages, or reimbursement for expenses to a
				Vista volunteer under 42
				U.S.C. 4951 -
				4995 (Title I of the Domestic
				Volunteer Service Act of 1973, P.L. 93-113);
(14) payments made to, or on behalf of, a
				member of an ATAP economic unit by the division of vocational rehabilitation
				(DVR), Department of Labor and Workforce Development, or by the United States
				Department of Veterans' Affairs for purposes related to vocational
				rehabilitation DVR training programs in which the individual is
				enrolled;
(15) a foster care or
				adult foster care payment made to a caretaker relative by the department for
				the care for a foster child or foster adult who is not in the assistance
				unit;
(16) a boarding home payment
				made by the state, a local government, or a school board, for the purpose of
				providing care for a student who is not eligible to receive ATAP benefits while
				that student is attending school;
(17) unearned income that is paid in a form
				other than in cash, through the exchange of something of value, if that
				contribution or gift is made in such a way that cash does not pass through the
				hands of any member of the ATAP economic unit; however, the full or partial
				compensation for services performed by a member of the economic unit, is earned
				income under
				7 AAC 45.375(a);
(18) an experimental housing allowance
				program payment;
(19) a payment
				made to, or on behalf of, a member of an ATAP economic unit by the department's
				heating assistance program under 7 AAC 44, including energy assistance payments
				made by an Alaska tribal organization or the Alaska Housing Finance
				Corporation;
(20) contributions
				from a private, non-profit, charitable organization, up to $300 a
				quarter;
(21) a United States
				Internal Revenue Service Earned Income Tax Credit (EITC);
(22) restitution payments made to Aleuts or
				individuals of Japanese ancestry under 50 U.S.C. App. 1989 - 1989d ( P.L. 100 -
				383);
(23) federal major disaster
				and emergency assistance provided to individuals and families under
				42 U.S.C.
				5121 -
				5204 c (Disaster Relief Act of
				1974; P.L. 93-288, as amended), and comparable disaster assistance provided by
				the state, local government, or a disaster assistance organization;
(24) repealed 10/1/93;
(25) that portion of any type of benefit
				payment that is withheld, or received and returned, to repay a prior
				overpayment from that same income source;
(26) income earned from participation in a
				youth activity operated under
				29 U.S.C.
				2854 (sec. 129 of the WIA);
(27) unearned income received as a single
				payment from a source that is not likely in the foreseeable future to make
				further payments to the recipient;
(28) compensation paid under AS 18.67 or a
				similar program established by another state or by the federal government to
				aid a victim of a violent crime;
(29) money from a public or private agency
				that is deposited into an individual development account that meets the
				requirements of 42 U.S.C.
				604(h) (sec 404(h) of the
				Social Security Act), including interest earned on that account.