Alaska Administrative Code
Title 7 - Health and Social Services
Part 3 - Public Assistance and Medical Assistance
Chapter 40 - Adult Public Assistance
7 AAC 40.330 - Excluded income of spouses
Universal Citation: 7 AK Admin Code 7 AAC 40.330
Current through August 30, 2024
(a) If an applicant lives with the applicant's spouse and the income of that spouse is considered available to the applicant under 7 AAC 40.240, the following income of the spouse is excluded in determining the total monthly income:
(1) the amount of any financial assistance
furnished by a state, political subdivision of a state, or the United States on
the basis of need, and the amount of any income taken into account in
determining eligibility for and amount of that assistance;
(2) a grant, scholarship, or fellowship to
the extent used to pay tuition or fees to an educational institution;
(3) payments received for the foster care of
a child who is ineligible for SSI or assistance under this chapter;
(4) the value of food stamps, federal
Department of Agriculture donated foods, and home produce and subsistence
foodstuffs obtained for personal consumption;
(5) income tax refunds and any taxes on real
property or food refunded by a public agency;
(6) any income used to comply with a court
order of child support and support payments made under Title IV-D of the Social
Security Act (42 U.S.C.
654);
(7) the value of any support and maintenance
furnished to a spouse, parent, spouse of a parent, or children who reside with
the applicant and are ineligible for SSI or assistance under this
chapter;
(8) payments made under AS
47.45;
(9) 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;
(10) income otherwise excluded by federal
statute in accordance with
7 AAC 40.280 or
7 AAC 40.320.
(b) Income not excluded under (a) of this section is treated in accordance with 20 C.F.R. 416.1163 as follows:
(1) in the case of an applicant required to
apply for SSI, the income of an ineligible spouse is treated in accordance with
20 C.F.R.
416.1163, except that the income of an
ineligible spouse that is disregarded under
20 C.F.R.
416.1163(d)(1) is considered
available to the applicant in computing the amount of assistance under
7 AAC 40.350 and
7 AAC 40.370;
(2) in the case of an applicant not required
to apply for SSI, the income of an ineligible spouse that is available to the
applicant is computed by the division in accordance with
20 C.F.R.
416.1163.
(c) Unless otherwise specified in this chapter, income that is excluded by 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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