8 AAC 85.354. Able and available for suitable work: exemption standards

(a) A claimant seeking an exemption granted to an ill or disabled claimant under AS 23.20.378 will, in the discretion of the division, be required to submit to the division a medical report verifying the illness or disability. A report may be required for an illness or disability of any duration, or periodically during an extended illness or disability. The report must be completed and signed by a physician; however, if no physician is available, the statement may be completed and signed by a nurse or other medical official. The report must specify at least the nature of the illness or disability, the date it was incurred, and its expected duration.

(b) A claimant who travels for medical reasons under the conditions specified in AS 23.20.378 must submit to the division the name and address of the provider of medical services and the date on which services were provided.

(c) A claimant who is noncommercially hunting or fishing for survival, or for the survival of dependents, under the conditions specified in AS 23.20.378 , is not required to be available for work while obtaining sufficient food for survival. In determining whether the noncommercial hunting or fishing is necessary for survival, the director will consider the

(1) total income of the claimant and the claimant's spouse for the 12 months preceding the hunting or fishing;

(2) existence of an historical pattern of hunting or fishing for survival in the immediate area of the claimant's residence;

(3) existence of an established pattern of hunting or fishing for survival by the claimant; and

(4) existence of other resources that the claimant can use for survival under the circumstances, including any available work.

(d) A claimant is eligible under AS 23.20.378 (a)(1)(E) for the first seven days of attendance at the funeral of an immediate family member. A claimant is not eligible in a week if the total period of attendance at the funeral in that week and any earlier weeks exceeds seven days. In this subsection "immediate family member" means a person who is related to the claimant by blood, marriage, or adoption as a parent, child, spouse, brother, sister, grandparent, or grandchild.

History: Eff. 10/12/97, Register 144

Authority: AS 23.20.045

AS 23.20.080

AS 23.20.378

AS 23.20.385

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