1. (a) The department will prorate adjusted gross self-employment income, as determined under 7 AAC 45.445(i), over

   1. (1) a 12-month period if the yearly adjusted gross self-employment income exceeds 185 percent of the federal poverty guidelines for this state for the size of the family;
   2. (2) the months of the normal season of work, or the months a self-employed individual is reasonably expected to work over a 12-month period, if the yearly adjusted gross self-employment income is equal to or less than 185 percent of the federal poverty guidelines for this state for the size of the family, and the self-employment income is available to the individual during the period of self-employment; or
   3. (3) a number of months equal to the number of months of self-employment if the yearly adjusted gross self-employment income is equal to or less than 185 percent of the federal poverty guidelines for this state for the size of the family, and the self-employment income is not available to the individual during the period of self-employment; the proration under this paragraph begins the first month the family receives the income, or the month after the department provides the family with notice of proposed agency action under 7 AAC 49.060.
2. (b) For purposes of this section, the federal poverty guidelines for this state, published at 69 Fed. Reg. 7336 - 7338 (February 13, 2004), are adopted by reference.

(Eff. 8/5/92, Register 123; am 10/1/97, Register 143; am 1/7/2005, Register 173)