Section 7 AAC 41.325 - Family income determination(a) For the purposes of this chapter, die department will or a designee shall determine a family's monthly income by (1) totaling (A) the monthly gross earned income of each parent including wages, salary, tips, bonuses, or commissions;(B) the self-employment income of each parent, determined in accordance with 7 AAC 45.445 and 7 AAC 45.450; and(C) the monthly unearned income of the family, unless that income is excluded under (2) of this subsection; for purposes of this subparagraph, "unearned income" includes (i) unemployment benefits;(iii) child support payments;(iv) child support arrearage payments;(v) foster care payments;(vi) retirement benefits;(vii) regular insurance or annuity payments;(viii) veteran's payments;(x) workers' compensation cash benefits;(xi) Social Security payments;(xiii) public assistance;(xiv) military cash allowances;(xv) federal cost-of-living allowances (COLA);(xvi) scholarships for other than tuition and books;(xvii) education grants for other than tuition and books;(xviii) fellowships and assistantships;(xx) employer contributions for child care costs;(xxi) strike benefits from a union fund;(xxii) housing allowances or fair market value of employer-provided housing;(xxiv) room and board paid by others in the household;(xxvii) net rental income;(xxix) periodic receipts from an estate or trust;(xxx) the portion of Native corporation dividend payments distributed under 43 U.S.C. 1601 - 1629 h (Alaska Native Claims Settlement Act) that exceeds S2,000 annually for each shareholder; and(xxxi) one-time, lump-sum payments in excess of $500, such as insurance proceeds, disability and death benefits, awards and cash gifts, inheritance, terminal leave and severance pay, and net gambling or lottery winnings; (2) excluding (A) income that is a documented loan evidenced by an executed contract or a document signed by the lender and establishing a time frame for repayment of the loan;(B) payments under AS 43.23 (permanent fund dividends);(C) federal income tax refunds;(D) earned income tax credits under 26 U.S.C. 32 (Internal Revenue Code);(E) federal noncash benefits, including Medicare, Medicaid, assistance under 7 U.S.C. 2011 - 2036 c (Supplemental Nutrition Assistance Program (SNAP)), and supplements under 42 U.S,C- 1786 (Special Supplemental Food Program for Women, Infants, and Children (WIC)); and(F) any federal major disaster and emergency assistance or any comparable disaster assistance provided by states, local governments, or disaster assistance organizations; and(3) deducting payments made for (A) legally obligated child support; and(B) catastrophic medical or dental costs,(b) The department will or a designee shall determine a family's eligibility by using the family's monthly income, calculated under (a) of this section. The department will or the designee shall make a best estimate of the average monthly income a family receives or is expected to receive for the period during which the family's eligibility is being determined. Either or both of the following methods may be used to calculate prospective average monthly income: (1) projecting the monthly income a family receives or is expected to receive on a monthly basis for the period which eligibility is being determined based on employer verification or income information provided by the family;(2) averaging seasonal, commission, or other irregular income and irregular deductions, such as catastrophic medical or dental payments, for a period not to exceed 12 months. (c) In this section, catastrophic medical or dental payments may be considered only for that portion of the medical or dental payments that exceed 10 percent of the family's monthly income, if the payments are made for more than 60 days, and are projected to be an ongoing expense for more than six months. The following medical and dental payments considered under this section are for services provided to parents and children in the child care assistance family: (1) procedures and treatments allowable for payment under AS 47.07, regardless of the family member's eligibility for Medicaid coverage under AS 47.07;(2) adult dental care and treatment for (A) preventative dental care;(B) treatment of cavities, pain, and infection; and(C) dentures and orthodontia in extreme cases of malformation meeting criteria under AS 47.07 for payment for care and treatment for children under the Medicaid program; and(3) medical and dental insurance premiums for services described in (1) or (2) of this subsection.Eff. 6/23/2006, Register 178; am 1/5/2017, Register 221, April 2017Authority:AS 47.05.010
AS 47.25.001
AS 47.25.031