(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 this chapter, determine
(1) who lives with the dependent
child;
(2) who, if any, of the
individuals living with the dependent child is responsible for the child and if
that person's income and resources are automatically available to the child;
this determination establishes which individuals in the household, in addition
to the dependent child, are members of the ATAP economic unit;
(3) if the child is financially needy in the
child's own right; and
(4) if any
of the individuals in the household is legally or financially responsible for
the dependent child's caretaker relative, including whether the
(A) income and resources of an individual
must be assumed to be available to the caretaker relative; and
(B) caretaker relative is financially
needy.
(b)
Financial need exists for the caretaker relative and dependent child if the
following conditions are met:
(1) the total
amount of the resources available to meet the needs of the assistance unit
under 7 AAC 45.285, including real and
personal property, does not exceed the resource limitation of
7
AAC 45.280;
(2) the total monthly income available to
meet the needs of the assistance unit, after certain amounts are disregarded or
deducted under this chapter, does not exceed the "185 percent eligibility
standard" established in
7
AAC 45.520 for the assistance unit's size and
type;
(3) the total monthly income
available to meet the needs of the assistance unit, after certain amounts are
disregarded or deducted under this chapter, does not exceed the "need standard"
established in
7
AAC 45.520 for the assistance unit's size and type;
and
(4) the caretaker relative and
dependent child are not members of the service population eligible for TANF
assistance under a federally-approved tribal family assistance
program.
(c) If the
department determines, under this section, that financial need exists and the
assistance unit satisfies all other ATAP eligibility requirements, that unit is
eligible to receive ATAP benefits as provided in this chapter.
