Alaska Administrative Code
Title 7 - Health and Social Services
Part 7 - Medicaid Assistance Eligibility
Chapter 100 - Medicaid Eligibility
Article 2 - Family Medicaid
7 AAC 100.160 - Exempt income
Universal Citation: 7 AK Admin Code 100.160
Current through August 30, 2024
(a) The department will not consider exempt income under this section or 7 AAC 100.162 in determining eligibility for Family Medicaid benefits. The following items are exempt income if received by an individual included in the household:
(1) home
produce that is consumed by individuals included in household, including farm
or garden crops and home canned foods;
(2) food donated to a household by the United
States Department of Agriculture;
(3) supplemental food assistance provided to
a household under 42 U.S.C.
1786 (Special Supplemental Food Program for
Women, Infants, and Children (WIC)), and the special food service program for
children under 42 U.S.C.
1751 -
1769 e (National School Lunch
Act);
(4) a benefit received by any
individual included in the household under
42 U.S.C.
3030 e - 3030f (Nutrition Projects for Older
Individuals, Older Americans Act of 1965);
(5) a payment received under
42 U.S.C.
4601 -
4636 (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.
117 a - 117c, 459 - 459e, 1261, and 1401 -
1408;
(7) $2,000 or less per year
of cash distributed to an Alaska Native or a descendant of an Alaska Native
under 43 U.S.C.
1601 -
1629 h (Alaska Native Claims
Settlement Act); any amount in excess of $2,000 in a calendar year is nonexempt
income; if an individual receives cash distributions from two or more Native
corporations formed under 43
U.S.C. 1601 -
1629 h, the combined amount of
those distributions that exceeds $2,000 in a calendar year is nonexempt
income;
(8) 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 -
1099c-2 (Title IV of the Higher
Education Act of 1965), or under a United States Department of Interior, Bureau
of Indian Affairs student assistance program;
(9) an educational grant, scholarship, or
other award for educational purposes that is not made under a program
administered, funded, or insured under
20 U.S.C.
1070 -
1099c-2 (Title IV of the Higher
Education Act of 1965), or under a United States Department of Interior, 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 a obligation to repay, expresses an intent
to repay, and can supply the department with documentation that verifies that
obligation and intent;
(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), including foster grandparent and senior
companion programs;
(13) a payment
made in the form of salary, wages, or reimbursement for expenses to a volunteer
in the Volunteers in Service to America (VISTA) program under
42 U.S.C.
4951 -
4995 (Title I of the Domestic
Volunteer Service Act of 1973);
(14) payments made to, or on behalf of, an
individual included in a Family Medicaid household by the division responsible
for vocational rehabilitation programs in the Department of Labor and Workforce
Development, or by the United States Department of Veterans Affairs for a
purpose related to the individual's vocational rehabilitation;
(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 included in the household;
(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 Family Medicaid benefits while
that student is attending school;
(17) unearned income that is paid through the
exchange of something of value other than cash and did not involve cash passing
through the hands of any individual included in the household; however, the
full or partial compensation for services performed by anyone included in the
household is earned income under
7 AAC 100.158(b) and (e);
(18) an experimental housing allowance
program payment;
(19) a payment
made to, or on behalf of, any individual included in the household by the
department's heating assistance program under 7 AAC 44, including an energy
assistance payment made by an tribal organization in this state or the Alaska
Housing Finance Corporation;
(20) a
contribution from a private, nonprofit, charitable organization, with a value
that does not exceed $300 per quarter;
(21) a credit allowed under
26 U.S.C.
32 (Earned Income Tax Credit) against federal
income tax;
(22) a restitution
payment made to an Aleut or an individual of Japanese ancestry under 50 U.S.C.
App. 1989 - 1989d;
(23) federal
major disaster and emergency assistance provided to individuals and families
under 42 U.S.C.
5121 -
5206 (Disaster Relief Act of
1974), and comparable disaster assistance provided by the state, a local
government, or a disaster assistance organization;
(24) that portion of a benefit payment that
is withheld, or received and returned, to repay a prior overpayment from that
same income source;
(25) income
earned from participation in a youth activity operated under
29 U.S.C.
2854 (sec. 129 of the Workforce Investment
Act of 1998);
(26) 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;
(27) 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;
(28) 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;
(29) an ATAP retroactive corrective payment
under 7 AAC 45.405, or a retroactive
corrective payment from a Native family assistance program under
AS
47.27.200 or regional public assistance
program under
AS
47.27.300;
(30) a supportive service payment for
assigned work activities, as defined in
AS
47.27.900, made by the department under ATAP
or by a Native family assistance program under
AS
47.27.200 or regional public assistance
program under
AS
47.27.300;
(31) unearned income generated from
participation as a trainee under
29 U.S.C.
2801 -
2945 (Workforce Investment Act of
1998);
(32) payments under AS 43.23
(Alaska Permanent Fund Dividends);
(33) child support income identified in
7 AAC 100.166.
(b) Except as otherwise provided in this chapter, a payment from another public assistance program is income, even if the payment does not go directly to anyone included in the household, but is paid by the agency directly to a vendor who provides an item or service to anyone included in the household. The following payments are not income:
(1) a vendor payment from the heating
assistance program under 7 AAC 44, or from an energy assistance program
administered by a tribal organization in this state or the Alaska Housing
Finance Corporation;
(2) an SSI
payment;
(3) APA under
7 AAC 45.390(c).
Authority:AS 47.05.010
AS 47.07.020
AS 47.07.040
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