(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 month for which the department is determining
need.
(b) Except as
otherwise provided in this chapter, the department will determine the
availability of income to an ATAP assistance unit as follows:
(1) money received by a parent who resides
with that parent's dependent child is totally available to the dependent
child;
(2) the income of a
caretaker relative other than a parent is available to the caretaker relative,
but not available to the dependent child in the assistance unit;
(3) the income of a dependent child is
available to the assistance unit if the child is included in the assistance
unit;
(4) the income of a dependent
child is available to the assistance unit if the child is a member of the
mandatory filing unit in accordance with
7 AAC 45.195, and
(A)
does not receive ATAP benefits because the caretaker relative has refused
benefits for that child;
(B) is
being penalized for failure to comply with
AS
47.27.027 or
7 AAC 45.227(j);
(C) repealed 10/1/2001;
(D) is ineligible for failure to fulfill an
eligibility requirement of this chapter, including participating in a strike
under 7 AAC 45.265, Social Security
enumeration under
7 AAC 45.255, or development of income under
7 AAC 45.320;
(5) the income of a dependent child is not
available to the assistance unit if the dependent child is
(A) receiving SSI, unless included in the
assistance unit under
7 AAC 45.515;
(B) ineligible for ATAP due to alien status
under 7 AAC 45.215;
(C) ineligible for ATAP due to the
availability of a sponsor's resources or income as determined under
7 AAC 45.290 or
7 AAC 45.465;
(D) ineligible for ATAP because the dependent
child is sponsored by an agency or organization as determined under
7 AAC 45.215; or
(E) not a member of the mandatory filing unit
under 7 AAC 45.195 and, therefore,
removed from the assistance unit by the caretaker relative; the unavailable
income of the removed child includes any amount that another state or federal
agency administering an assistance program reports as belonging to that child
even if that child's money is combined with money for another individual in a
single check;
(6) money
received by a spouse is available to the other spouse if the couple lives
together;
(7) subject to the
provisions of
7 AAC 45.465, the earned or unearned income of a legally
married stepparent is available to meet the needs of that stepparent's spouse
and stepchild if the stepparent
(A) resides
with the members of the assistance unit; and
(B) does not receive SSI, APA, or ATAP
benefits;
(8) a deposit
made by an individual who is not a member of the ATAP economic unit into an
account held jointly by that depositor and an applicant or recipient, is
available income in the month of the deposit if
(A) the account requires the signature of
only one of the account holders to withdraw money; and
(B) the money is not considered an exempt
resource under
7 AAC 45.300,
7 AAC 45.301, or
7 AAC 45.310;
(9) subject to the provisions of
7 AAC 45.465, the income and resources of the sponsor of
an alien who was admitted after March 31, 1980 and who has applied for ATAP
benefits, is available to the alien for three years after the alien enters the
United States, even if the sponsor agreement is revoked; this paragraph does
not apply to Indochinese, Haitian, and Cuban refugees whose status has been
changed to that of lawful temporary resident, or aliens granted political
asylum or temporary parole status by the Attorney General of the United
States;
(10) repealed
10/1/2001.
(c) For the
purpose of determining the availability of income to an ATAP assistance unit,
the department will disregard the income of an individual who resides with, but
who is not legally or financially responsible for, a member of the assistance
unit, even if the individual regularly purchases items for a member of the
assistance unit. The department will, however, count any direct cash
contribution that an individual makes to anyone in the assistance unit as
income to that assistance unit member.