Alaska Administrative Code

(a) An applicant for ATAP benefits must assign to the state the right to receive and retain child support payments made by an absent parent, or any other individual, on behalf of all children for whom the applicant is seeking ATAP benefits. (b) Under AS 47.27.040, assignment is a…

(a) The caretaker relative must cooperate with the child support services agency of the Department of Revenue in (1) identifying and locating the absent parent of each child for whom the applicant desires ATAP benefits, and of each child who is included in the ATAP assistance uni…

(a) In accordance with 7 AAC 45.245(j), the department may find that good cause for refusal to cooperate with the child support services agency exists if (1) cooperation is anticipated to result in physical or emotional harm to the child or to the caretaker relative that would re…

(a) An ATAP applicant shall(1) present to the department or a fee agent the applicant's actual social security card or a photocopy of it; (2) submit a written statement giving the applicant's social security number; (3) enter the applicant's social security number on the ATAP app…

(a) If an assistance unit receiving ATAP benefits is a two-parent family, both parents shall sign the family self-sufficiency plan (FSSP) required by AS 47.27.030. (b) In developing the FSSP, the department will make an initial assessment of the training, skills, prior work exper…

(a) The department has designated its child care assistance program as the Parents Achieving Self-Sufficiency (PASS) program, and has created a category of assistance applicable to this chapter called PASS I, which provides child care assistance as a self-sufficiency service unde…

(a) Under AS 47.27.035(a), the department will assign work activities, not to exceed 40 hours a week, to a recipient before or after the recipient has received a total of 24 months of assistance, as department staff availability and financial resources allow. (b) Under AS 47.27.0…

(a) For the purposes of determining "good cause" under AS 47.27.015(c) (refusal of or voluntary separation from suitable employment), AS 47.27.085(a) (failure to comply with a condition of the FSSP under AS 47.27.030 and failure to participate in work activities under AS 47.27.03…

Notes 7 AAC 45.262 Eff. 7/28/95, Register 135; repealed 7/1/97, Register 142 State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be …

Notes 7 AAC 45.263 Eff. 7/28/95, Register 135; repealed 7/1/97, Register 142 State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be …

(a) An assistance unit is ineligible for ATAP benefits for any month in which a parent with whom the dependent child is living is participating in a strike on the last day of that month. (b) If an individual who is part of an assistance unit, but is not a parent, is participating…

(a) If the department determines that a lump-sum diversion payment under AS 47.27.026 would be appropriate to meet the needs of the family of an adult applicant for ATAP benefits under AS 47.27.020, the department may offer to the applicant the option between (1) the lump-sum div…

(a) Each applicant who has filed an identifiable application under AS 47.27.020, and each recipient, shall, within 10 days after the applicant or recipient knows of a change described in (b) of this section, contact the department to report the change. If an applicant or recipien…

(a) In addition to the reporting requirements in 7 AAC 45.270, a caretaker relative shall report a dependent child's absence from the home within five days after the date that it becomes clear to the caretaker relative that the dependent child will be absent from the home for mor…

(a) A caretaker relative and dependent child applying for assistance under this chapter are eligible for ATAP benefits if the caretaker relative and dependent child are financially needy. To determine financial need the department will, according to the provisions of AS 47.27 and…

(a) Except as provided in (c) of this section, a person who lives within the service area of a tribal or Native family assistance program operated under 42 U.S.C. 612 or AS 47.27, and is a member of the service population eligible to be served by that program, is not eligible to …

(a) Upon receipt of information from any source that indicates that a change in circumstances affecting an applicant's eligibility or amount of assistance may have occurred, the department will investigate and, if necessary, adjust the amount of assistance or suspend or terminate…

(a) An assistance unit is not eligible for ATAP benefits if the assistance unit has nonexempt resources with a total value, as determined under 7 AAC 45.310, in excess of $2,000 or, if the assistance unit includes an individual age 60 or older, $3,000. Resources are determined to…

(a) In determining eligibility for ATAP benefits, the department will include a resource in the determination only if the resource is actually available to meet the needs of the dependent child. (b) If real property owned by an applicant has a value in excess of the resource limi…

(a) To determine whether an assistance unit's resources exceed the resource limit in 7 AAC 45.280, the department will consider the following factors: (1) what nonexempt resources the caretaker relative has; (2) whether the caretaker relative's nonexempt resources are assumed, un…

(a) In determining ATAP eligibility, the department will disregard the resources of an individual who is (1) actually receiving adult public assistance (APA) or supplemental security income (SSI) benefits; (2) living in the home of an applicant for ATAP benefits; and (3) consider…

(a) Exempt resources are not considered in determining eligibility for ATAP benefits. A resource is not exempt unless it is determined to be wholly or partially exempt under this section or 7 AAC 45.301. (b) The physical structure that serves as the applicant's or recipient's res…

(a) The cash value of a pension plan of an employed applicant or recipient, other than an account or deferred compensation plan listed in (b) or (c) of this section, is (1) an exempt resource if the applicant or recipient (A) cannot immediately withdraw and use the money in the p…

(a) In the month in which one resource is converted to, or exchanged for, another resource, the newly-acquired resource is not considered income. The new resource will be considered in the same manner as other resources under this chapter. (b) For purposes of this chapter, money …

(a) If an adult in an assistance unit transfers an asset at less than fair market value within three months before an application for assistance is submitted or while the unit is receiving assistance, there is a rebuttable presumption that the transfer was made intentionally and …

(a) The department will determine the value of an available nonexempt resource by determining the applicant's or recipient's equity in that resource. Equity value is equal to the dollar amount that results from subtracting all legitimate debt secured by legal encumbrance on the t…

(a) Except as otherwise provided in this section, every member of an assistance unit who appears eligible for benefits under one of the following programs must first apply for and pursue benefits under that program in order to be eligible for ATAP benefits: (1) workers' compensat…

(a) In determining eligibility for ATAP benefits, the only money the department will consider to be income to an ATAP assistance unit is money that is (1) received by a member of the assistance unit; or (2) available to meet the needs of a member of the assistance unit in the mon…

(a) An ATAP assistance unit consists of those individuals whose needs are considered in determining eligibility for assistance and the amount of the ATAP payments. An assistance unit may include (1) a caretaker relative and any number of dependent children with an eligible relati…

The department will determine, on a monthly basis, eligibility for ATAP benefits and when income is considered available to the applicant or recipient. The department will consider all income that is received or may be reasonably expected to be received in a month to actually be …

(a) The department will determine the prospective eligibility of an assistance unit by estimating what income, resources, and other circumstances are likely to exist for the assistance unit during the month for which eligibility is being determined. To determine what might occur …

Notes 7 AAC 45.360 Eff. 8/5/92, Register 123; am 10/1/93, Register 127; am 10/1/97, Register 143; repealed 10/1/2001, Register 159 State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prio…

Notes 7 AAC 45.365 Eff. 8/5/92, Register 123; am 10/1/93, Register 127; am 10/1/97, Register 143; repealed 10/1/2001, Register 159 State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prio…

(a) Except as otherwise provided in this chapter, money received by a member of an ATAP economic unit is considered income in the month it was received; if any of that money remains available to the ATAP economic unit in the next month, the department will consider the remaining …

(a) For the purpose of determining ATAP eligibility and calculating ATAP payments, earned income is income paid in cash or in kind as wages, salary, or commissions, and that is earned by an employee in exchange for the performance of services by the employee. An employee's earned…

(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 …

Except for those portions 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 Bureau of Indian Affairs student assistance program, an educational grant, scholarship, or other award for educationa…

(a) Except as provided in 7 AAC 45.515, the department will disregard all of the income of an individual who is (1) actually receiving supplemental security income (SSI), adult public assistance (APA), or both; (2) living in a household that contains an assistance unit; and (3) a…

(a) Except as provided in (c) of this section, a child support payment made in cash is considered to be income for the purpose of determining eligibility for ATAP benefits and for determining the amount of an ATAP payment when that child support payment is actually received by(1)…

The department will not count an ATAP retroactive corrective payment as income. Notes 7 AAC 45.405 Eff. 8/5/92, Register 123; am 10/1/97, Register 143; am 1/7/2005, Register 173 Authority:AS 47.05.010 AS 47.27.005 AS 47.27.040 State regulations are updated quarterly; we currently…

(a) When determining eligibility and payment amounts for ATAP applicants and recipients, the department will disregard all supportive service payments made by the department, or the successor program to the Job Opportunity and Basic Skills (JOBS) program under former AS 47.25.421…

(a) For the purposes of determining the eligibility of an assistance unit for ATAP benefits and calculating the ATAP payment amount, the department will make a best estimate of the anticipated income for an assistance unit by using the actual income received or expected to be rec…

(a) The department will suspend, rather than terminate, an assistance unit's eligibility when the assistance unit is likely to be ineligible for only one payment month. (b) Repealed 10/1/2001. (c) The department will not count the suspension month as a month in which earned incom…

The gross monthly earned income of an individual who is an employee is the gross income from employment actually received, or expected to be received, during a month by an employee who is a member of the ATAP economic unit, before any deductions are made for the cost of earning t…

(a) If an applicant or recipient works for more than one month before receiving a single payment in full settlement for the work performed, regardless of whether that person is an employee or self-employed, working with or without a contract, the department will (1) prorate the i…

(a) In order to determine whether nonpersonal costs of doing business may be deducted from gross income under this section, particularly if a contract relationship exists, the department will determine whether an individual is self-employed or working as an employee by considerin…

(a) The department will prorate adjusted gross self-employment income, as determined under 7 AAC 45.445(i), over (1) a 12-month period if the yearly adjusted gross self-employment income exceeds 185 percent of the federal poverty guidelines for this state for the size of the fami…

Notes 7 AAC 45.455 Eff. 8/5/92, Register 123; am 10/1/97, Register 143; repealed 10/1/2001, Register 159 State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More …

(a) In determining the income eligibility of an alien applicant as identified in 7 AAC 45.215, the department will treat the income of an alien's sponsor by considering that the monthly income available to the alien from the sponsor and the sponsor's spouse not receiving ATAP ben…

When determining if the assistance unit meets the income eligibility standards of 7 AAC 45.470, and when determining the payment amount under 7 AAC 45.525, the department will consider the income of the minor parent's parent to be available to the minor parent and dependent child…