HB 67: "An Act relating to eligibility for and payments of public assistance; and providing for an effective date."
00HOUSE BILL NO. 67 01 "An Act relating to eligibility for and payments of public assistance; and 02 providing for an effective date." 03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 04 * Section 1. AS 47.25.320(a) is amended to read: 05 (a) The department shall determine the amount of assistance for a dependent 06 child and the relative with whom the dependent child is living, with regard to the 07 resources and necessary expenditures of the family and the condition existing in each 08 case. Assistance is sufficient if, when added to all other income and support available 09 to the child, the child and relative have reasonable subsistence compatible with 10 decency and health. However, the amount of assistance may not exceed the following: 11 (1) dependent child living with nonneedy relative: for a dependent 12 child [UNDER AGE 18] who is living in the home of a nonneedy relative, $452 13 [$200], plus [AN ADDITIONAL $200 FOR THE SECOND CHILD, AND $65 A 14 CHILD FOR THE THIRD AND] $98 for each additional child;
01 (2) dependent child living with parent: 02 (A) for a parent and one dependent child [UNDER 18], a 03 maximum of $792 [$500]; 04 (B) [Repealed, 05 (C)] for each additional dependent child, or for a second 06 parent, $98 [CHILD UNDER AGE 18, $65] a month per individual [CHILD]; 07 (3) pregnant woman who is otherwise eligible for assistance under this 08 section, or [: AN AMOUNT EQUAL TO THE ASSISTANCE RECEIVED BY] a 09 single-person household that does not consist of a dependent child: $497 a month 10 [UNDER THIS SECTION AS DETERMINED BY THE DEPARTMENT PLUS A 11 SPECIAL NEEDS ALLOWANCE NOT TO EXCEED $20 A MONTH]. 12 * Sec. 2. AS 47.24.320(d) is amended to read: 13 (d) If benefits under 42 U.S.C. 1381 - 1383 [1385] (Social Security Act 14 Supplemental Security Income Program) are increased because of an increase in the 15 cost of living, the department shall increase the monetary maximums in (a) of this 16 section by a percentage equal to the percentage increase in benefits under 42 U.S.C. 17 1381 - 1383, except that the department may not increase the monetary 18 maximums based on an increase in benefits under 42 U.S.C. 1381 - 1383 that 19 (1) takes effect at any time during the calendar year that begins on 20 January 1, 1994; or 21 (2) took effect on or before January 1, 1993 [1385]. 22 * Sec. 3. AS 47.25.320 is amended by adding a new subsection to read: 23 (g) The department may adopt regulations to establish a monthly need standard 24 for a dependent child and the relative with whom the dependent child is living that 25 equals or exceeds the monetary maximums set in (a) of this section. 26 * Sec. 4. AS 47.25.430(b) is amended to read: 27 (b) The department shall determine the amount of assistance with regard to the 28 resources and needs of the person and the conditions existing in each case. Assistance 29 shall be in an amount that will provide the applicant with reasonable subsistence 30 compatible with decency and health in accordance with standards established by the 31 department and with the standards established under 42 U.S.C. 1381 - 1383 [1385]
01 (Title XVI, Social Security Act Supplemental Security Income Program). When 02 benefit amounts under 42 U.S.C. 1381 - 1383 [1385] are increased as a result of an 03 increase in the cost of living, the state shall pass along the increase to recipients and 04 shall increase the amount of the state contribution to recipients by a percentage of the 05 state contribution equal to the percentage increase in the benefit amounts under 06 42 U.S.C. 1381 - 1383, except that the department may not increase the amount 07 of the state contribution based on a percentage increase in benefits under 08 42 U.S.C. 1381 - 1383 that (1) takes effect at any time during the calendar year 09 that begins on January 1, 1994; or (2) took effect in the calendar years that began 10 on January 1, 1991, January 1, 1992, and January 1, 1993 [1385]. Direct payments 11 for medical services and remedial care may not be considered in determining the 12 maximum amount payable. 13 * Sec. 5. AS 47.25.430 is amended by adding a new subsection to read: 14 (e) Notwithstanding (a) and (b) of this section, the department shall, in a 15 manner that complies with federal requirements, reduce the maximum state 16 contribution to recipients otherwise payable on July 1, 1993 to the maximum state 17 contribution to recipients that was in effect on January 1, 1990. After June 30, 1993, 18 the department shall, in a manner that complies with federal requirements, calculate 19 the amount of monthly assistance for a recipient based on the maximum state 20 contribution to recipients in effect on January 1, 1990, as modified by any increases 21 under (b) of this section resulting from increases in benefit amounts under 42 U.S.C. 22 1381 - 1383, that took effect after December 31, 1994. 23 * Sec. 6. AS 47.25.455 is amended by adding new subsections to read: 24 (c) A person applying for assistance under this section shall, as a condition of 25 eligibility for assistance, agree to repay the state for assistance granted upon the 26 person's receipt of a benefit under 42 U.S.C. 1381 - 1383 for a month in which the 27 person received interim assistance under this section. The monthly repayment required 28 by this subsection may not exceed the amount of assistance that the person received 29 under 42 U.S.C. 1381 - 1383 for that month. 30 (d) Beginning the first full month after a person is determined to be eligible 31 for assistance under 42 U.S.C. 1381 - 1383, the department shall terminate interim
01 assistance to that person under this section and begin payments to the person under 02 AS 47.25.430. 03 * Sec. 7. AS 47.25.320(e) is repealed. 04 * Sec. 8. TRANSITION FOR REGULATIONS. Notwithstanding sec. 9 of this Act, the 05 Department of Health and Social Services may proceed to adopt regulations necessary to 06 implement this Act, consistent with federal requirements. The regulations take effect under 07 the Administrative Procedure Act, but not before the effective date of this Act. 08 * Sec. 9. This Act takes effect July 1, 1993.