(a) In determining the income eligibility of
an alien applicant as identified in
7 AAC 45.215, the department will treat the income of an
alien's sponsor by considering that the monthly income available to the alien
from the sponsor and the sponsor's spouse not receiving ATAP benefits or SSI is
(1) the total monthly unearned and earned
income of the sponsor and the sponsor's spouse reduced by 20 percent, not to
exceed $175, of the total of any amounts received by the sponsor and the
sponsor's spouse in the month as wages or salary or as net earnings from
self-employment; and
(2) the amount
described in (1) of this subsection, reduced by
(A) the need standard described in
7 AAC 45.520(a) for a family of the
same size and composition as the sponsor and those other people living in the
same household as the sponsor who are or could be claimed by the sponsor as
dependents to determine the sponsor's federal personal income tax liability but
whose needs are not taken into account in making a determination under this
chapter;
(B) any amounts actually
paid by the sponsor or sponsor's spouse to people not living in the household
who are or could be claimed by the sponsor or the sponsor's spouse as
dependents to determine federal income tax liability; and
(C) actual payments of alimony, spousal
support, or child support, with respect to individuals not living in the
household.
(b) In determining the income eligibility of
an assistance unit that does not include a stepparent, the department will
count as monthly income available to the assistance unit the total monthly
income of the stepparent of a dependent child included in the assistance unit
who is living in the household with the child after applying the following
deductions:
(1) the first $90 of the gross
earned income in the month of the stepparent;
(2) an additional amount for the support of
the stepparent and any other individuals who are living in the home, but whose
needs are not taken into account in making the ATAP eligibility determinations
except for penalized individuals who are required to be included in the
assistance unit but have failed to comply with the requirements of AS 47.27 and
this chapter and are or could be claimed by the stepparent as dependents for
purposes of determining the stepparent's federal personal income tax liability;
this deducted amount equals the need standard in
7 AAC 45.520(a) for a family of the
same size as an assistance unit comprised of the stepparent and the number of
dependents supported; if the stepparent does not support dependents outside the
assistance unit, the monthly deduction is $589, adjusted each year as specified
in 7 AAC 45.520(b);
(3) amounts actually paid by the stepparent
to individuals not living in the home but who are or could be claimed by the
stepparent as dependents for purposes of determining the stepparent's federal
personal income tax liability; and
(4) payments by the stepparent of alimony,
spousal support, or child support with respect to individuals not living in the
household.
(c) The
department will treat the income of an alien parent who is disqualified under
7 AAC 45.215(f) in the same way the
income of a stepparent is treated under (b) of this section.
