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Title 7 . Health and Social Services
Chapter 40 . Hearings
Section 110. Citizenship and residency

7 AAC 40.110. Citizenship and residency

(a) To be eligible for assistance, an applicant, in addition to being a resident of the state, as required by AS 47.25.430 (a), must be a citizen of the United States or a qualified alien, as described in AS 47.25.430 (f).

(b) Except as provided in (c) and (d) of this section, an individual who leaves the state is not eligible for assistance during that individual's absence, unless the absence is temporary. A temporary absence is an absence of less than 30 days.

(c) An individual who is absent from the state for 30 days or more is not eligible for assistance unless the individual leaves this state to

(1) obtain prescribed medical treatment that is not available in this state and

(A) does not establish residency outside this state; and

(B) intends to return to this state once the prescribed medical treatment is completed;

(2) attend postsecondary education and

(A) notifies the division of the intended absence before leaving this state;

(B) does not establish residency outside this state; and

(C) intends to return to this state once the postsecondary education is completed; or

(3) obtain vocational, professional, or other special education lasting more than 90 days if a comparable program is not reasonably available in this state and

(A) notifies the division of the intended absence before leaving this state;

(B) does not establish residency outside this state; and

(C) intends to return to this state once the vocational, professional, or other special education is completed.

(d) The division may allow an absence of 30 days or more if an individual is prevented from returning to this state within 30 days because of the individual's illness or the illness of the individual's parent, spouse, sibling, or child and the individual

(1) notifies the division of the reason for the extended absence;

(2) provides a corroborating statement from a physician;

(3) does not establish residency outside this state; and

(4) intends to return to this state once the reason for the extended absence allowed under this subsection ends.

(e) An individual is no longer eligible for assistance under (c) or (d) of this section if the individual fails to return to this state within 30 days after the reason for the extended absence ends. In this situation, ineligibility begins with the calendar month following the calendar month an individual fails to return to this state by the time established under this section.

(f) In this section "resident" has the meaning given that term in AS 47.25.430 (a).

History: Eff. 5/12/82, Register 82; am 10/10/96, Register 140; am 9/20/2002, Register 163

Authority: AS 47.05.010

AS 47.25.430

AS 47.25.520


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Last modified 7/05/2006