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Title 4 . Education and Early Development
Chapter 65 . (Repealed)
Section 301. Income determination

4 AAC 65.301. Income determination

(a) For the purposes of this chapter, a family's monthly income is determined by

(1) totaling the gross income of the parents of the family, which

(A) is the total monthly cash receipts, before taxes, from all sources except those listed in (B) of this paragraph, including gross salary and wages; net receipts from self-employment; regular support payments from an absent family member or someone not living in the household; unemployment benefits; tips; alimony; child support payments; retirement benefits; regular insurance or annuity payments; veteran's payments; pensions; workers' compensation cash benefits; Social Security payments; investment income; public assistance; military cash allowances; federal cost-of-living allowance (COLA); scholarships for other than tuition and books; education grants for other than tuition and books; fellowships and assistantships; capital gains; employer contributions for child care costs; strike benefits from union funds; housing allowances or fair market value of employer-provided housing; stipends; room and board paid by others in the household; dividends, interest, net rental income, net royalties, periodic receipts from estates or trusts; the portion of Native corporation dividend payments that exceeds $2,000 annually; and 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; and

(B) does not include income that is a loan, Alaska permanent fund dividend payment, foster care payment, child support arrearage payment, or federal unearned income credit received;

(2) excluding federal noncash benefits such as Medicare, Medicaid, food stamps, and WIC supplements; and

(3) deducting the amount of child support and the amount paid for catastrophic medical or dental payments.

(b) A grantee shall determine the eligibility of a family by using the family's monthly income, calculated under (a) and (c) of this section. A grantee may use a flexible period as provided in this subsection and developed in collaboration with the parent to determine a prospective average monthly income estimate for the parent. Any of the following methods may be used by the grantee to calculate the family's prospective average monthly income:

(1) averaging two months preceding the month in which the family submits an application under 4 AAC 65.291;

(2) projecting the current month;

(3) projecting averaging two months forward following the month in which the family submits an application or requests a re-determination and new authorization.

(c) Self-employed, seasonal, contract, commission, or other irregular income and irregular deductions, such as catastrophic medical or dental payments, may be averaged for a period considered appropriate, but not to exceed 12 months.

(d) Repealed 9/12/97.

(e) In this section, "catastrophic medical or dental payments" may only be considered if the medical and dental payments

(1) exceed 10 percent of the family's monthly income, are made for more than 60 days, and are projected to be an ongoing expense for more than six months;

(2) are made for procedures and treatments allowable for payment under AS 47.07, regardless of the family member's eligibility for Medicaid coverage under AS 47.07;

(3) for adult dental care and treatment, are made for

(A) preventative dental care;

(B) treatment of cavities, pain, and infection;

(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

(4) if for medical and dental insurance, are made to provide coverage not to exceed that described in (2) and (3) of this paragraph and the premium payments meet the standards set out in (1) of this paragraph.

History: Eff. 6/28/90, Register 114; am 4/30/91, Register 118; am 9/12/97, Register 143; am 3/8/2002, Register 161; am 9/11/2002, Register 163

Authority: AS 14.07.060

AS 14.38.100

AS 14.38.130


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Last modified 7/05/2006