7 AAC 47.355 - Resource exclusions
(a) Certain types of resources, excluded
under the APA program in 7 AAC 40, are also excluded under this chapter in
determining the resources of an individual described in
7 AAC 47.330, together with the resources of a spouse,
if any, under
7 AAC 47.360, including
(1) the individual's home if used as the
principal place of residence, all land contiguous to it, and all outbuildings
necessary for operation of the home;
(2) household goods and personal effects
having an equity value of $2,000 or less, one wedding ring, one engagement
ring, and any household goods or personal effects the retention of which is
necessitated by the individual's physical condition, such as a prosthetic
device or hospital bed;
(3) one
motor vehicle regardless of value if the motor vehicle is used by the
individual or a member of the individual's family for employment or for
obtaining medical treatment, on a regular basis, or if the motor vehicle has
been modified for use by a person with a disability; any other motor vehicle is
excluded to the extent that its retail market value does not exceed
$4,500;
(4) property necessary for
the individual's self-support, including real or personal property used in a
trade or business, if the property is producing income consistent with its
value;
(5) property of person with
a disability, including blindness, that is 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;
(6) stock held by an Alaska Native in a
regional or village corporation under the Alaska Native Claims Settlement Act
(43 U.S.C. 1606 and 1607);
(7) term insurance and burial insurance
without regard to value and life insurance if the face value of life insurance
policies on an individual does not exceed $1,500; if the face value of life
insurance exceeds $1,500, its cash surrender value is a resource;
(8) cash received from an insurance policy to
replace or repair an excluded resource if used for repair or replacement within
three months of receipt in the case of personal property and within six months
in the case of real property;
(9)
allotted land held by an individual who is a member of, or eligible for
membership in, a federally recognized Indian tribe if the land cannot be
alienated without the permission of the tribe or the federal
government;
(10) payments made
under Title II of the Uniform Relocation Assistance and Real Property
Acquisition Act of 1970 (42 U.S.C. 4636);
(11) payments to members of the Blackfeet and
Gros Ventre tribes under Public Law 92-254 (25 U.S.C. 1264) and Indian per-capita payments made
under Public Law 93-134 (25 U.S.C. 1407) to the extent excluded by
20 C.F.R. 416.1236;
(12) the value of the food stamp allotment
provided under 7 U.S.C. 2011 - 2036 (Supple mental Nutrition Assistance
Program); the value of assistance provided under 42 U.S.C. 1751 - 1769h (school
lunch programs); the value of assistance provided under 42 U.S.C. 1771-1791 (child nutrition); and the value of federally donated foods distributed under 7
C.F.R. Part 250, 7 C.F.R. Part 251, sec. 32 of Public Law 74-320, or 7 U.S.C. 1431 (sec. 416 of the Agriculture Act of 1949);
(13) any grant or loan to an under-graduate
student for educational purposes made or insured by the United States
Department of Education under Public Law 90-575 (20 U.S.C. 1070 - 1089);
(15) in accordance with
43 U.S.C. 1626(c), distributions
received by an individual Alaska Native or descendant of an Alaska Native from
a Native corporation formed under the Alaska Native Claims Settlement Act as
follows:
(A) cash, including cash dividends
on stock received from a Native corporation, is disregarded to the extent that
it does not, in the aggregate, exceed $2,000 per individual each year; the
$2,000 limit is applied separately each year, and cash distributions up to
$2,000 that an individual received in a prior year and retains in subsequent
years will not be counted as a resource in those years;
(B) stock, including stock issued or
distributed by a Native corporation as a dividend or distribution on
stock;
(C) a partnership
interest;
(D) land or an interest
in land, including land or an interest in land received from a Native
corporation as a dividend or distribution on stock;
(E) an interest in a settlement
trust;
(16) the value of
any assistance paid with respect to a dwelling unit under the United States
Housing Act of 1937, the National Housing Act, sec. 101 of the Housing and
Urban Development Act of 1965, or Title V of the Housing Act of 1949 as
provided in 42 U.S.C. 1382 a(b)(14) and
42 U.S.C. 1382 b(a)(8); and
(17) the value of a limited entry fishing
permit if the holder of the permit uses the permit to produce income; if the
permit used to produce income or is for sale, the fair market value less any
amount owed by the holder is included as a resource;
(18) burial spaces owned by the individual
and intended for use by the individual or the individual's spouse or
dependent.
(b) For a
resource listed in (a) of this section to be excluded, the resource must be
distinguishable from other resources.
Notes
Authority: AS 47.05.010
AS 47.25.120
AS 47.25.130
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