Title 7 . Health and Social Services

Chapter 45 . Hearings

Section 485. Incapacitated-parent and child care disregard

7 AAC 45.485. Incapacitated-parent and child care disregard

(a) Except as provided in 7 AAC 45.495 and 7 AAC 45.500, in calculating an assistant unit's countable earned income under 7 AAC 45.470(b) , the department will disregard, as a necessary cost of earning income, the anticipated cost for the care of a child or incapacitated parent that is expected to be paid by an individual whose needs are included in the ATAP eligibility determination and payment calculation, subject to the following limitations:

(1) the department will disregard only the charges for an individual's anticipated hours of work plus reasonable direct commuting time, if the care provider charges by the hour; and

(2) the department will disregard up to

(A) $200 each month for each dependent child under the age of two whose needs are included in determining ATAP eligibility and payment;

(B) $175 each month for each dependent child age two or older whose needs are included in determining ATAP eligibility and payment; and

(C) $175 each month for an incapacitated parent whose needs are included in determining ATAP eligibility and payment.

(b) For the purposes of this section, "incapacitated parent" means a parent who is determined to be physically or mentally unable to perform gainful activity, as described in 7 AAC 45.235.

History: Eff. 8/5/92, Register 123; am 10/1/93, Register 127; am 10/1/97, Register 143; am 1/7/2005, Register 173

Authority: AS 47.05.010

AS 47.27.005