1. (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.
2. (b) For a recipient living in a long-term care facility, including a swing-bed facility, the personal needs allowance is $75 per month.
3. (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.
4. (d) For a recipient who is living at home and receiving home and community-based waiver services, the personal needs allowance is $1,656.
5. (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.

6. (f) The department will increase the personal needs allowance to cover

   1. (1) mandatory withholdings from earned and unearned income to pay for federal, state, or local income taxes;

   2. (2) federal, state, or local income taxes that are

      1. (A) not subject to mandatory withholdings;
      2. (B) owed and actually paid;
   3. (3) the amount of income garnished for child support during the same period covered by the personal needs allowance;
   4. (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. (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. (6) the fee actually charged to the recipient by a guardian or conservator, not to exceed

      1. (A) $100 per month; or
      2. (B) for the office of public advocacy, the limit set in 2 AAC 60.100(f).

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

Authority: AS 47.05.010, AS 47.07.020, AS 47.07.040