Alaska Administrative Code
Title 7 - Health and Social Services
Part 3 - Public Assistance and Medical Assistance
Chapter 40 - Adult Public Assistance
7 AAC 40.280 - Resource exclusions
Universal Citation: 7 AK Admin Code 7 AAC 40.280
Current through August 30, 2024
(a) The following resources are excluded in determining the resources of an applicant, together with resources of the applicant's spouse under 7 AAC 40.240:
(1) the
home of an applicant if used as his 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 an applicant'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 applicant or a member of his family for
employment or for obtaining regular medical treatment or if the 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 self-support of an applicant, including real or personal property used in a
trade or business, if the property is producing income consistent with its
value;
(5) property of a blind or
disabled applicant 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 company
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 lands held by an applicant who
is of Indian descent from 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 -
2036 (Food Stamp Program); the
value of assistance provided under
42 U.S.C.
1751 -
1769 h (School Lunch Programs);
the value of assistance provided under
42 U.S.C.
1771 -
1791 (Child Nutrition); and the
value of federally donated foods distributed under 7 C.F.R. Part 250 and 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
undergraduate student for educational purposes made or insured by the
Commissioner of Education under Public Law 90-575 (20 U.S.C.
1070 -
1089);
(14) payments to volunteers under
42 U.S.C.
4950 -
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 1382b(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 it is
not used to produce income or is for sale, the fair market value less any
amount owed by the holder is included as a resource.
(b) In order for a resource listed in (a)(11) - (a)(17) of this section to be excluded, the resource must be distinguishable from other resources.
With Register 179, October 2006 and under the authority of AS 44.62.125, the regulations attorney changed obsolete terminology concerning persons with disabilities in conformity with ch. 25, SLA 2006.
Authority:AS 47.05.010
AS 47.25.430
AS 47.25.435
AS 47.25.460
Disclaimer: These regulations may not be the most recent version. Alaska may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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