2 AAC 40.110 - Disqualification

(a) A recipient is not qualified for a bonus for any month in which the recipient

(1) resides in a nursing home for one or more days, unless all the costs of care for the recipient are paid entirely from private sources;

(2) is confined for 10 or more days in a state or federal mental health facility or institution and is certified by the state as unable to manage personal affairs;

(3) is confined for 10 or more days in a penal or correctional facility or institution;

(4) fails to meet the eligibility requirements of this chapter; or

(5) fails to meet the physical presence requirements of this chapter.

(b) A recipient who has been absent from the state for a continuous period that exceeds three years is permanently disqualified from receiving bonuses.

(c) A period of absence will be deemed continuous if the recipient does not return for 10 days or more of continuous physical presence in Alaska during the period of absence.

(d) In determining whether an applicant meets the limits imposed by 2 AAC 40.045(a) (3) or a recipient meets the limits imposed by (b) and (c) of this section, the administrator will exclude that portion of absences that are for one or more of the following reasons:

(1) United States military service, if Alaska is the individual's declared home for military purposes;

(2) service in the United States Congress;

(3) confinement in a correctional institution by order of a court in Alaska;

(4) full-time enrollment in an accredited post secondary educational institution for purposes of pursuing an associate, baccalaureate, or graduate degree;

(5) full-time enrollment in a vocational or professional training program;

(6) employment by the State of Alaska or by an Alaska representative to Congress;

(7) full-time volunteer service under the Peace Corps Act; or

(8) medical treatment for the applicant or a member of the applicant's immediate family if the treatment is advised by a licensed health care provider and does not include a seasonal or permanent change of residence.

(e) Allowable absences for medical reasons will, in the administrator's discretion, exclude periods of convalescence and periods between office visits or other direct contact between patient and health care provider.

(f) Repealed 12/1/2002.

(g) The administrator will permanently disqualify a recipient upon confirmation that the recipient

(1) knowingly made a false statement in support of any entitlement to a bonus; or

(2) received or provided assistance in claiming a bonus to which a recipient was not entitled.

Notes

2 AAC 40.110

Eff. 9/13/81, Register 79; am 6/19/85, Register 95; am 12/1/90, Register 117; am 12/1/93, Register 128; am 12/1/2002, Register 164

Authority:AS 47.45.030

AS 47.45.040

AS 47.45.070

AS 47.45.100