(a) When determining ATAP eligibility or
payment amount, the department will not consider the value of the following
items as income to a member of an ATAP economic unit:
(1) the value of home produce that is
consumed by the members of a household, including farm or garden crops and home
canned foods;
(2) the value of food
donated to a household by the United States Department of
Agriculture;
(3) the value of
supplemental food assistance provided to a household under
42 U.S.C.
1786 (Child Nutrition Act of 1966, Women
Infants Children Program), and the special food service program for children
under 42 U.S.C.
1751 -
1769 e (National School Lunch
Act);
(4) the value of any benefits
received by anyone in a household under
42 U.S.C.
3056 ( P.L. 89-73; Nutrition Program for the
Elderly, Title VII of the Older Americans Act of 1965);
(5) a payment received under
42 U.S.C.
4636 ( P.L. 91-646; Uniform Relocation
Assistance and Real Property Acquisition Policies Act of 1970);
(6) a payment made to or held in trust for, a
member of an Indian tribe under
25 U.S.C.
1261 ( P.L. 92-254);
25 U.S.C.
459 -
459 e ( P.L. 94-114);
25 U.S.C.
1401 -
1408 ( P.L. 93-134, as amended;
and 25 U.S.C.
117 a - 117c ( P.L. 98-64);
(7) $2,000 or less per year of cash
distributed to an Alaska Native and that Alaska Native's descendants under
ANCSA; any amount in excess of $2,000 in a calendar year is nonexempt income;
if an individual receives cash distributions from one or more ANCSA
corporations, the combined total amount of those distributions that exceeds
$2,000 in a calendar year is nonexempt income;
(8) the amount of an educational grant,
scholarship, or other award made to an undergraduate student for educational
purposes under any program administered, funded or insured under
20 U.S.C.
1070 -
1089 (Title IV of the Higher
Education Act of 1965; P.L. 89-329, as amended), or under a United States
Bureau of Indian Affairs student assistance program;
(9) the amount of an educational grant,
scholarship, or other award for educational purposes that is not made under any
program administered, funded, or insured under
20 U.S.C.
1070 - 1089c-1 (Title IV of the Higher
Education Act of 1965; P.L. 89-329, as amended), or under a United States
Bureau of Indian Affairs student assistance program, but that is awarded or
used under conditions that preclude its use for current living costs;
(10) an educational, personal, commercial, or
other loan in which the borrower has an obligation to repay, expresses an
intent to repay, and can supply the department with documentation that proves
it is a bona fide loan;
(11) income
earned from employment in a work-study program while attending a college or
university;
(12) a payment for
supportive services or reimbursement of out-of-pocket expenses, such as lunches
or transportation, made to an individual volunteer serving in a program under
42 U.S.C.
5000 -
5028 a (Title II of the Domestic
Volunteer Service Act of 1973, P.L. 93-113), including foster grandparent and
senior companion programs;
(13) a
payment made in the form of salary, wages, or reimbursement for expenses to a
Vista volunteer under 42
U.S.C. 4951 -
4995 (Title I of the Domestic
Volunteer Service Act of 1973, P.L. 93-113);
(14) payments made to, or on behalf of, a
member of an ATAP economic unit by the division of vocational rehabilitation
(DVR), Department of Labor and Workforce Development, or by the United States
Department of Veterans' Affairs for purposes related to vocational
rehabilitation DVR training programs in which the individual is
enrolled;
(15) a foster care or
adult foster care payment made to a caretaker relative by the department for
the care for a foster child or foster adult who is not in the assistance
unit;
(16) a boarding home payment
made by the state, a local government, or a school board, for the purpose of
providing care for a student who is not eligible to receive ATAP benefits while
that student is attending school;
(17) unearned income that is paid in a form
other than in cash, through the exchange of something of value, if that
contribution or gift is made in such a way that cash does not pass through the
hands of any member of the ATAP economic unit; however, the full or partial
compensation for services performed by a member of the economic unit, is earned
income under
7 AAC 45.375(a);
(18) an experimental housing allowance
program payment;
(19) a payment
made to, or on behalf of, a member of an ATAP economic unit by the department's
heating assistance program under 7 AAC 44, including energy assistance payments
made by an Alaska tribal organization or the Alaska Housing Finance
Corporation;
(20) contributions
from a private, non-profit, charitable organization, up to $300 a
quarter;
(21) a United States
Internal Revenue Service Earned Income Tax Credit (EITC);
(22) restitution payments made to Aleuts or
individuals of Japanese ancestry under 50 U.S.C. App. 1989 - 1989d ( P.L. 100 -
383);
(23) federal major disaster
and emergency assistance provided to individuals and families under
42 U.S.C.
5121 -
5204 c (Disaster Relief Act of
1974; P.L. 93-288, as amended), and comparable disaster assistance provided by
the state, local government, or a disaster assistance organization;
(24) repealed 10/1/93;
(25) that portion of any type of benefit
payment that is withheld, or received and returned, to repay a prior
overpayment from that same income source;
(26) income earned from participation in a
youth activity operated under
29 U.S.C.
2854 (sec. 129 of the WIA);
(27) unearned income received as a single
payment from a source that is not likely in the foreseeable future to make
further payments to the recipient;
(28) compensation paid under AS 18.67 or a
similar program established by another state or by the federal government to
aid a victim of a violent crime;
(29) money from a public or private agency
that is deposited into an individual development account that meets the
requirements of 42 U.S.C.
604(h) (sec 404(h) of the
Social Security Act), including interest earned on that account.
As of Register 182 (July 2007), the regulations attorney
made a technical revision under
AS
44.62.125(b)(6), to
7 AAC 45.380(a) (27).