Section 7.100.558. Personal needs allowance.

	(a)  The personal needs allowance is the amount of the recipient's income allocated for the personal and maintenance needs of the recipient while the recipient is receiving long-term care services.  
	(b)  For a recipient living in a long-term care facility, including a swing-bed facility, the personal needs allowance is $75 per month.  
	(c)  For a recipient who is a veteran living in a long-term care facility, including a swing-bed facility, who does not have a spouse or dependent child and who is receiving a $90 monthly payment from the United States Department of Veterans Affairs for unusual medical expenses or aid and attendance, the personal needs allowance is $90 per month.  
	(d)  For a recipient who is living at home and receiving home and community-based waiver services, the personal needs allowance is $1,656.  
	(e)  For a recipient who is living in an assisted living home and receiving home and community-based waiver services, the monthly personal needs allowance is $1,396.  
	(f)  The department will increase the personal needs allowance to cover  
		(1) mandatory withholdings from earned and unearned income to pay for federal, state, or local income taxes;  
		(2) federal, state, or local income taxes that are  
			(A) not subject to mandatory withholdings;  
			(B) owed and actually paid;  
		(3) the amount of income garnished for child support during the same period covered by the personal needs allowance;  
		(4) the amount of income needed to fulfill an approved plan for achieving self support in accordance with 7 AAC 40.320(a)(22);  
		(5) property taxes that are owed and actually paid on the recipient's home, unless that tax is paid on a home for which a home maintenance allowance is made under 7 AAC 100.568; and.  
		(6) the fee actually charged to the recipient by a guardian or conservator, not to exceed  
			(A) $100 per month; or  
			(B) for the office of public advocacy, the limit set in 2 AAC 60.100(f).  

Authorities

47.05.010;47.07.020;47.07.040

Notes

Reference

7 AAC 100.554
7 AAC 140.550
7 AAC 140.575

Authority

AS 47.05.010 AS 47.07.020 AS 47.07.040

History

Eff. 7/20/2007, Register 183; am 8/25/2010, Register 195; am 1/1/2011, Register 196