Page 1938

(iii) the income of the resident’s or recipient’s spouse is exempt; and

(iv) notwithstanding (ii) of this subparagraph, the department will consider the following to be disregarded personal property: the portion of the resident’s or recipient’s income that will bring the income of the resident’s or recipient’s spouse up to the maximum community spouse monthly maintenance allowance authorized under 7 AAC 100.560(a), without exceeding that allowance, if that portion is accumulated as personal property in an account to pay for expenses related to the home or real property described in (i) of this subparagraph and if the spouse’s income would otherwise be less than the maximum community spouse monthly maintenance allowance a month; and

(E) for purposes of AS 47.55.020(d)(8) and (9), for a resident or recipient without a spouse or dependent, the exemption for other real and personal property, both tangible and intangible, is a total value of not more than $10,000; property necessitated by the resident’s or recipient’s physical condition, such as a prosthetic device, is not subject to this value limitation;

(2) a motor vehicle;

(3) Agent Orange Settlement Fund payments made under P.L. 101-201 and sec. 10405 of P.L. 101-239;

(4) one or more life insurance policies except for any cash surrender value of each insurance policy;

(5) burial spaces owned by the resident or recipient and intended for use by the resident or recipient and the resident’s or recipient’s spouse or dependent. (d) In determining the resources of an applicant for payment assistance under this section, the department will include the value of any resources owned by the applicant within the 36 months preceding the date of the payment assistance application if the applicant gave away the resource, or sold or assigned it for less than fair market value. The department will make the rebuttable presumption that any such transaction was for the purpose of reducing the applicant’s ability to pay the state for services in a pioneers’ home. (e) A resident or recipient who receives payment assistance under this section is indebted to the state for the amount of the assistance. If the resident or recipient who is indebted to the state receives income or a resource that disqualifies the resident or recipient for payment assistance under this section, that resident or recipient shall apply the additional income and resources to reduction of the debt to the state. The resident or recipient may then reapply for payment assistance under (b) of this section if the resident or recipient again becomes financially unable to pay the appropriate monthly or daily rate. (f) The department may issue tentative approval for payment assistance, and may commence payment assistance, to an applicant who has completed the payment assistance application process and whose income and resources appear to make the applicant eligible for payment assistance, if the applicant requires additional time to supply complete application information, such as a valuation for property. Complete application information must be provided no later