(a) In determining
eligibility for Family Medicaid benefits, the only money the department will
consider to be income to a Family Medicaid household is money that is
(1) received or anticipated to be received by
an individual included in the household; or
(2) available or anticipated to be available
to meet the financial needs of an individual included in the household 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 a Family
Medicaid household as follows:
(1) the income
received by a parent who resides with that parent's dependent child is
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 who is included in the household;
(3) except as a provided in
7 AAC 100.162 and (5) of this subsection, the income of
a dependent child is available to the household in which the child is a
mandatory member of the household under
7 AAC 100.104, even if the child is ineligible for
failure to fulfill the eligibility requirements of this chapter;
(4) the income of a dependent child is not
available to the Family Medicaid household if the dependent child
(A) is receiving SSI;
(B) has been removed from the household under
7 AAC 100.178(c); or
(C) is not a mandatory member of the
household under
7 AAC 100.104 and has been voluntarily removed from the
Family Medicaid household 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 the child even if
that child's money is combined with money for another individual in a single
check;
(5) the income of
a dependent child is not available to a Family Medicaid household if the
dependent child is ineligible for Family Medicaid due to
(A) alien status under
7 AAC 100.050 or operation of the five-year bar under
7 AAC 100.056; or
(B) the availability of a sponsor's resources
under 7 AAC 100.136 or a sponsor's income
under 7 AAC 100.176;
(6) income received by a spouse is available
to the other spouse if the couple lives together;
(7) subject to the provisions of
7 AAC 100.114(e) and
7 AAC 100.178, the income of a married stepparent is
available to that stepparent's stepchild if the stepparent
(A) resides with the stepchild and the other
members of the household; and
(B)
does not receive SSI, APA, or Family Medicaid benefits;
(8) except as provided in
7 AAC 100.178, a deposit made by an individual who is
not included in the Family Medicaid household 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 100.138,
7 AAC 100.140, or
7 AAC 100.144;
(9) the income of a sponsor of an alien is
available to the sponsored alien under
7 AAC 100.176.
(c) For the purpose of determining the
availability of income to a Family Medicaid household, the department will
consider as not available to the household the income of an individual who
resides with, but who is not legally or financially responsible for, an
individual included in household, even if the individual regularly purchases
items for an individual included in the household. Any direct cash contribution
that individual makes to anyone included in the household is unearned income to
that household.
