Alaska Administrative Code
Title 7 - Health and Social Services
Part 3 - Public Assistance and Medical Assistance
Chapter 40 - Adult Public Assistance
7 AAC 40.320 - Income exclusions
Universal Citation: 7 AK Admin Code 7 AAC 40.320
Current through August 30, 2024
(a) The following income is excluded in determining the total monthly income of an applicant, together with the applicant's spouse under 7 AAC 40.240:
(1) cash
or other property received from the sale, exchange, or other disposition of a
resource;
(2) the premium payment
for supplementary medical insurance under Title XVIII of the Social Security
Act (42 U.S.C.
1395 s) if paid by a third party;
(3) the value of any third-party payment for
medical care or medical services, including payment for room and board
furnished during medical confinement;
(4) the value of any support and maintenance
furnished the applicant in kind; the division will not increase or decrease the
amount of a payment made under this chapter to reflect changes in SSI
eligibility or payment amounts caused by the receipt of any support or
maintenance furnished the applicant in kind;
(5) the value of any social services
furnished the applicant by a governmental or private agency;
(6) income tax refunds;
(7) the amount of any ordinary and necessary
expense incurred in getting or receiving unearned income, except for income
tax;
(8) the amount of any ordinary
and necessary expense of operating and maintaining property which is producing
rent, except for depreciation and acquisition costs other than
interest;
(9) $1,500 of the
proceeds of any life insurance policy or the amount expended by the beneficiary
of the policy on the insured's last illness and burial, whichever is
less;
(10) any income which would
be excluded under
7 AAC 40.280(a) (11) -
(a)
(17) if it were considered to be a resource;
(11) any taxes on real property or food
refunded by public agency;
(12) any
portion of a grant, scholarship, or fellowship which is not made or insured by
the United States Commissioner of Education but which is used to pay for
tuition, fees, books, or supplies at an educational institution;
(13) the value of any agricultural products
or foodstuffs obtained through subsistence activities if not obtained through a
trade or business and consumed by the applicant or his immediate
family;
(14) any earned income
which does not exceed $10 per month and either is received less frequently than
twice per quarter or cannot be reasonably anticipated;
(15) any unearned income which does not
exceed $20 per month and either is received less frequently than twice per
quarter or cannot be reasonably anticipated;
(16) payments made under AS 47.45; the
division will not increase or decrease the amount of a payment made under this
chapter to reflect changes in SSI eligibility or payment amounts caused by
receipt of countable longevity bonus payments;
(17) payments for the foster care of a child
who is ineligible for SSI or assistance under this chapter;
(18) one-third of income received by a child
from an absent parent; "child" includes a person who is not married, not the
head of a household, and either under 18 or under 22 and attending a school,
college, university or course of vocational or technical training to prepare
for gainful employment;
(19) $1,200
per calendar quarter, not to exceed $1,620 per year, of the earned income of a
blind or disabled individual under 22 who regularly attends school as provided
in 20 C.F.R.
416.1112;
(20) $65 per month of any earned income plus
one-half of the remainder;
(21) the
amount of any expenses of an applicant for aid to the blind which are
reasonably attributable to the earning of income;
(22) income 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; and
(23) the first $20 per month of income,
earned or unearned, other than unearned income based on need.
(b) The exclusions in (a) of this section apply first to unearned income and then to earned income in the order in which they are listed. Unless otherwise specified in this chapter, income which is excluded in this section is not included as a resource.
Authority:AS 47.05.010
AS 47.25.430
AS 47.25.435
AS 47.25.460
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