Sec. 7 AAC 100.160 - Exempt income

ยง 7 AAC 100.160. Exempt income

(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).

(Eff. 7/20/2007, Register 183)

Authority:AS 47.05.010

AS 47.07.020

AS 47.07.040

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