Page 2195
even if the house is not used as the applicant or recipient’s home. (g) Personal effects and household goods that are essential to day-to-day living are exempt resources. (h) Tools, light machinery, and farm machinery necessary to produce income are exempt resources. (i) Stock and inventory necessary to produce self-employment income, including fish nets, traps, motor vehicles, transferable limited entry fishing permits issued under AS 16.43 (Regulation of Entry into Alaska Commercial Fisheries), and handicrafts on consignment for sale, are exempt resources if they are actually producing gross self-employment income as defined in 7 AAC 100.172, or would be producing income except for temporary factors beyond the applicant’s or recipient’s control. (j) Unless otherwise exempt under this section, real property is an exempt resource if the applicant or recipient is making a good faith effort to sell the property. For purposes of this subsection, the department will consider an applicant or recipient to be making a good faith effort to sell property if the property is actually being offered for sale on a continuous basis by being listed with a real estate broker or other licensed real estate salesperson or, if offered privately, by being advertised in the local newspaper at least once a month. A visible “for sale” sign must be posted on the property. The property must be offered at a price that is not greater than the prices for similar properties in the area. (k) An ATAP retroactive corrective payment under 7 AAC 45.405, or a retroactive corrective payment from a Native family assistance program under AS 47.27.200 or regional public assistance program under AS 47.27.300, is an exempt resource in the month that it is received. (l) A trust is an exempt resource to the trust beneficiary who is included in a household if that trust was established by an individual who is not included in the household and the trust prohibits distribution to the beneficiary for basic living expenses. An applicant must provide the department with a copy of the trust. The department will determine if the property of the trust or its income is an exempt resource under this section. For a trust for which the department determines that trust property or trust income is a nonexempt resource, the applicant must provide a copy of any related documents necessary to determine the net worth of that trust. If an individual who has the power to terminate or modify a trust agrees to terminate or modify the trust and release the property or the balance of the trust to the caretaker relative, the relative’s spouse, or to the child receiving Family Medicaid benefits, the trust property and trust income are nonexempt resources. (m) A motor vehicle is an exempt resource if it is used
(1) for household transportation necessary to meet the basic needs of anyone living in the home, including obtaining food, medical care, and other essentials;
(2) to transport anyone living in the home to or from school, work, or training;