Alaska Administrative Code › Title 7 - Health and Social Services › Part 7 - Medicaid Assistance Eligibility › Chapter 100 - Medicaid Eligibility › Article 2 - Family Medicaid › 7 AAC 100.160 - Exempt income

Current through May 31, 2024
(a) The department will not consider exempt
				  income under this section or
				  7 AAC 100.162 in determining eligibility for Family
				  Medicaid benefits. The following items are exempt income if received by an
				  individual included in the household:
(1) home
				  produce that is consumed by individuals included in household, including farm
				  or garden crops and home canned foods;
(2) food donated to a household by the United
				  States Department of Agriculture;
(3) supplemental food assistance provided to
				  a household under 42 U.S.C.
				  1786 (Special Supplemental Food Program for
				  Women, Infants, and Children (WIC)), and the special food service program for
				  children under 42 U.S.C.
				  1751 -
				  1769 e (National School Lunch
				  Act);
(4) a benefit received by any
				  individual included in the household under
				  42 U.S.C.
				  3030 e - 3030f (Nutrition Projects for Older
				  Individuals, Older Americans Act of 1965);
(5) a payment received under
				  42 U.S.C.
				  4601 -
				  4636 (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.
				  117 a - 117c, 459 - 459e, 1261, and 1401 -
				  1408;
(7) $2,000 or less per year
				  of cash distributed to an Alaska Native or a descendant of an Alaska Native
				  under 43 U.S.C.
				  1601 -
				  1629 h (Alaska Native Claims
				  Settlement Act); any amount in excess of $2,000 in a calendar year is nonexempt
				  income; if an individual receives cash distributions from two or more Native
				  corporations formed under 43
				  U.S.C. 1601 -
				  1629 h, the combined amount of
				  those distributions that exceeds $2,000 in a calendar year is nonexempt
				  income;
(8) 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 -
				  1099c-2 (Title IV of the Higher
				  Education Act of 1965), or under a United States Department of Interior, Bureau
				  of Indian Affairs student assistance program;
(9) an educational grant, scholarship, or
				  other award for educational purposes that is not made under a program
				  administered, funded, or insured under
				  20 U.S.C.
				  1070 -
				  1099c-2 (Title IV of the Higher
				  Education Act of 1965), or under a United States Department of Interior, 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 a obligation to repay, expresses an intent
				  to repay, and can supply the department with documentation that verifies that
				  obligation and intent;
(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), including foster grandparent and senior
				  companion programs;
(13) a payment
				  made in the form of salary, wages, or reimbursement for expenses to a volunteer
				  in the Volunteers in Service to America (VISTA) program under
				  42 U.S.C.
				  4951 -
				  4995 (Title I of the Domestic
				  Volunteer Service Act of 1973);
(14) payments made to, or on behalf of, an
				  individual included in a Family Medicaid household by the division responsible
				  for vocational rehabilitation programs in the Department of Labor and Workforce
				  Development, or by the United States Department of Veterans Affairs for a
				  purpose related to the individual's vocational rehabilitation;
(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 included in the household;
(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 Family Medicaid benefits while
				  that student is attending school;
(17) unearned income that is paid through the
				  exchange of something of value other than cash and did not involve cash passing
				  through the hands of any individual included in the household; however, the
				  full or partial compensation for services performed by anyone included in the
				  household is earned income under
				  7 AAC 100.158(b) and (e);
(18) an experimental housing allowance
				  program payment;
(19) a payment
				  made to, or on behalf of, any individual included in the household by the
				  department's heating assistance program under 7 AAC 44, including an energy
				  assistance payment made by an tribal organization in this state or the Alaska
				  Housing Finance Corporation;
(20) a
				  contribution from a private, nonprofit, charitable organization, with a value
				  that does not exceed $300 per quarter;
(21) a credit allowed under
				  26 U.S.C.
				  32 (Earned Income Tax Credit) against federal
				  income tax;
(22) a restitution
				  payment made to an Aleut or an individual of Japanese ancestry under 50 U.S.C.
				  App. 1989 - 1989d;
(23) federal
				  major disaster and emergency assistance provided to individuals and families
				  under 42 U.S.C.
				  5121 -
				  5206 (Disaster Relief Act of
				  1974), and comparable disaster assistance provided by the state, a local
				  government, or a disaster assistance organization;
(24) that portion of a benefit payment that
				  is withheld, or received and returned, to repay a prior overpayment from that
				  same income source;
(25) income
				  earned from participation in a youth activity operated under
				  29 U.S.C.
				  2854 (sec. 129 of the Workforce Investment
				  Act of 1998);
(26) 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;
(27) 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;
(28) 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;
(29) an ATAP retroactive corrective payment
				  under 7 AAC 45.405, or a retroactive
				  corrective payment from a Native family assistance program under
				  AS
				  47.27.200 or regional public assistance
				  program under
				  AS
				  47.27.300;
(30) a supportive service payment for
				  assigned work activities, as defined in
				  AS
				  47.27.900, made by the department under ATAP
				  or by a Native family assistance program under
				  AS
				  47.27.200 or regional public assistance
				  program under
				  AS
				  47.27.300;
(31) unearned income generated from
				  participation as a trainee under
				  29 U.S.C.
				  2801 -
				  2945 (Workforce Investment Act of
				  1998);
(32) payments under AS 43.23
				  (Alaska Permanent Fund Dividends);
(33) child support income identified in
				  7 AAC 100.166.