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7 AAC 45.275. Determination of financial need. (a) A caretaker relative and dependent child applying for assistance under this chapter are eligible for ATAP benefits if the caretaker relative and dependent child are financially needy. To determine financial need the department will, according to the provisions of AS 47.27 and this chapter, determine

(1) who lives with the dependent child;

(2) who, if any, of the individuals living with the dependent child is responsible for the child and if that person’s income and resources are automatically available to the child; this determination establishes which individuals in the household, in addition to the dependent child, are members of the ATAP economic unit;

(3) if the child is financially needy in the child’s own right; and

(4) if any of the individuals in the household is legally or financially responsible for the dependent child’s caretaker relative, including whether the

(A) income and resources of an individual must be assumed to be available to the caretaker relative; and

(B) caretaker relative is financially needy. (b) Financial need exists for the caretaker relative and dependent child if the following conditions are met:

(1) the total amount of the resources available to meet the needs of the assistance unit under 7 AAC 45.285, including real and personal property, does not exceed the resource limitation of 7 AAC 45.280;

(2) the total monthly income available to meet the needs of the assistance unit, after certain amounts are disregarded or deducted under this chapter, does not exceed the “185 percent eligibility standard” established in 7 AAC 45.520 for the assistance unit’s size and type;

(3) the total monthly income available to meet the needs of the assistance unit, after certain amounts are disregarded or deducted under this chapter, does not exceed the “need standard” established in 7 AAC 45.520 for the assistance unit’s size and type; and

(4) the caretaker relative and dependent child are not members of the service population eligible for TANF assistance under a federally-approved tribal family assistance program. (c) If the department determines, under this section, that financial need exists and the assistance unit satisfies all other ATAP eligibility requirements, that unit is eligible to receive ATAP benefits as provided in this chapter. (Eff. 8/5/92, Register 123; am 10/1/93, Register 127; am 10/1/97, Register 143; am 12/6/98, Register 148; am 1/7/2005, Register 173)