Section 43.23.075. Eligibility for public assistance.

   (a) In determining the eligibility of an individual under a public assistance program administered by the Department of Health and Social Services in which eligibility for assistance is based on financial need, the Department of Health and Social Services may not consider a permanent fund dividend as income or resources received by the recipient of public assistance or by a member of the recipient's household unless required to do so by federal law or regulation.  The Department of Health and Social Services shall notify all recipients of public assistance of the effects of receiving a permanent fund dividend.
   (b) An individual who is denied medical assistance under 42 U.S.C. 1396 - 1396p (Social Security Act, Title XIX) solely because of the receipt of a permanent fund dividend by the individual or by a member of the individual's household is eligible for state-funded medical assistance under AS 47.25.120 - 47.25.300 (general relief assistance program). The individual is entitled to receive, for a period not to exceed four months, the same level of medical assistance as the individual would have received under 42 U.S.C. 1396 - 1396p (Social Security Act, Title XIX) had there been no permanent fund dividend program.
   (c) An individual who is denied assistance solely because permanent fund dividends received by the individual or by a member of the individual's household are counted as income or resources under federal law or regulation is eligible for cash assistance under AS 47.25.120 - 47.25.300 (general relief assistance program). Notwithstanding the limit in AS 47.25.130, the individual is entitled to receive, for a period not to exceed four months, the same amount as the individual would have received under other public assistance programs had there been no permanent fund dividend program.

Authorities

43.23.025;43.23.028

Notes

Recent Bills that will modify this

HB 148 MEDICAL ASSISTANCE COVERAGE; REFORM
HB 365 INCOME TAX; PERMANENT FUND TAX CREDIT
SB 78 MEDICAL ASSISTANCE COVERAGE; REFORM

Implemented As

7 AAC 38.010
7 AAC 38.020
7 AAC 38.030
7 AAC 38.040
7 AAC 38.050
7 AAC 38.060
7 AAC 38.070
7 AAC 38.080
7 AAC 38.090
7 AAC 38.100
7 AAC 38.110

References

AS 43.23.025 Amount of dividend.
AS 43.23.028 Public notice.

History

(Sec. 1 ch 102 SLA 1982)