7 AAC 47.360 - Spousal income and resources
(a) Subject to
allowable exclusions, the income and resources of a spouse who is living with
an individual seeking assistance under
7
AAC 47.300 - 7 AAC 47.535 are considered available to
the individual for purposes of computing the amount of the individual's income
under 7 AAC 47.365. The department will
apply the standards to prevent spousal impoverishment established under the
Medicaid requirements of 42
U.S.C. 1396r-5 (Title XIX of the Social
Security Act, as amended) or a regulation adopted under that statute.
(b) If the individual lives with a spouse and
the income of that spouse is considered available to the individual under (a)
of this section, certain types of income of the spouse, excluded under the APA
program in 7 AAC 40, are also excluded under this chapter in determining the
total monthly income, including
(1) the amount
of any financial assistance furnished by a state, political subdivision of a
state, or the United States on the basis of need, and the amount of any income
taken into account in determining eligibility for and amount of that
assistance;
(2) a grant,
scholarship, or fellowship to the extent used to pay tuition or fees to an
educational institution;
(3)
payments received for the foster care of a child who is ineligible for SSI or
assistance under 7 AAC 40;
(4) the
value of food stamps, United States Department of Agriculture donated foods,
and home produce and subsistence foodstuffs obtained for personal
consumption;
(5) income tax refunds
and any taxes on real property or food refunded by a public agency;
(6) any income used to comply with a court
order of child support and support payments made under Title IV-D of the Social
Security Act (42 U.S.C.
654);
(7) the value of any support and maintenance
furnished to a spouse, parent, spouse of a parent, or children who reside with
the individual seeking assistance and are ineligible for SSI or assistance
under 7 AAC 40;
(8) payments made
under AS 47.45 (Alaska Longevity Bonus);
(9) income needed to fulfill a plan for
achieving self-support that has been approved by the Social Security
Administration or by the division of vocational rehabilitation;
(10) income that is not listed in this
subsection, but is excluded under
7
AAC 47.345(a).
(c) Unless otherwise specified, income that
is excluded in this section is not included as a resource.
Notes
Authority: AS 47.05.010
AS 47.25.120
AS 47.25.230
AS 47.25.240
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