Payment of dividends

# (a)

Repealed 1/1/2005.

# (b)

An eligible individual, including a child, may qualify to have the department directly deposit the individual's dividend into the individual's financial institution account, if the

# (1)

individual or the individual's sponsor specifically requests in writing direct deposit of the dividend;

# (2)

individual or the individual's sponsor provides in writing a valid account number for a financial institution that has entered into agreement with the department to participate in direct deposit of dividends;

# (3)

individual or the individual's sponsor provides the department a valid social security number;

# (4)

participating financial institution communicates

(A) that the institution has an open account exactly matching the account number provided by the individual or the individual's sponsor; or

(B) repealed 8/22/97;

(C) that, if the institution records do not exactly match the information in (A) of this paragraph, the institution has enough corroborating information regarding the account to ensure the deposit will be made to the individual's or the individual's sponsor's account and the institution indemnifies the department against deposit errors resulting from that institution's inability to exactly match the information in (A) of this paragraph; and

# (5)

individual's application is not missing information or still subject to an eligibility determination when direct deposit payments are made by the department.

# (c)

Upon the request of the sponsor of an eligible child, the department will deposit the child's dividend into the sponsor's account provided the requirements of (b) of this section are met.

# (d)

The department will electronically deposit the dividends of all individuals who qualify for direct deposit under (b) and (c) of this section as the first payments issued each year.

# (e)

An individual who does not qualify for direct deposit or who does qualify, but for whom the department does not make a direct deposit of the individual's dividend to the individual's account, may not maintain a claim against the department. A child whose dividend has been directly deposited into the child's sponsor's account under the provision of (c) of this section may not maintain a claim against the department for honoring the request of the sponsor.

# (f)

The department will make payment of an assigned or attached dividend in accordance with AS 43.23.140, 15 AAC 23.203, and 15 AAC 23.213.

# (g)

The department will pay a dividend to a public agency trust account established in accordance with AS 43.23.015(e) if the

# (1)

public agency claims a dividend on behalf of an individual;

# (2)

public agency timely provides the department with a court order showing the agency has been granted guardianship or conservatorship of the individual; and

# (3)

individual is otherwise eligible for the dividend.

# (h)

If competing applications are timely filed on behalf of an eligible child, the department will not pay any dividend for the child unless

# (1)

all adults who have timely filed for that child have consented in a signed statement to payment on only one of the timely filed applications;

# (2)

all but one adult have submitted signed statements withdrawing all timely filed competing applications filed on behalf of the child;

# (3)

the department receives a court order directing the department to send the child's dividend to the court or to one of the adults who filed timely on behalf of the child;

# (4)

one of the timely filed competing applications was filed by the Department of Family and Community Services under 15 AAC 23.113(c)(2); or

# (5)

the child applies and qualifies for the dividend under the provisions of 15 AAC
23.133(b).

# (i)

An application timely filed by the Department of Family and Community Services for an eligible child under 15 AAC 23.113(c)(2) will be paid over all timely filed competing applications in accordance with (g) of this section. If the Department of Family and Community Services obtains legal custody of an eligible child before the department has paid an application filed by any other sponsor of the child, the department will pay the child's dividend in accordance with (g) of this section if the Department of Family and Community Services furnishes the department

# (1)

evidence of the change in legal custody; and

# (2)

a timely request for a change of address.

# (j)

If competing applications are timely filed on behalf of an eligible disabled or incompetent adult, the department will not pay any dividend for the adult unless

# (1)

all individuals or agencies who have timely filed for the adult have consented in writing to payment of only one of the timely filed applications;

# (2)

all but one individual or agency have withdrawn all timely filed competing applications filed on behalf of the adult;

# (3)

the department receives a court order directing the department to pay one of the individuals or agencies who timely filed on behalf of the adult; or

# (4)

one of the competing timely filed applications was filed by the Department of
Administration, office of public advocacy.

# (k)

An application timely filed by the Department of Administration, office of public advocacy, for an eligible adult under 15 AAC 23.123 will be paid over all timely filed competing applications in accordance with (g) of this section. If the Department of Administration obtains legal custody of an eligible adult before the department has paid an application filed by any other sponsor of the adult, the department will pay the adult's dividend in accordance with (g) of this section if the office of public advocacy furnishes the department

# (1)

evidence of the change in legal custody; and

# (2)

a timely request for a change of address before the dividend is issued.

# (l)

An individual who does not redeem a dividend because the warrant was returned to the department as undeliverable, or because the individual failed to redeem the warrant within six months, may apply to the department for the dividend to be reissued.

# (m)

Repealed 1/1/99.

# (n)

The department will calculate the amount of dividends that would have been paid to individuals who were ineligible to receive dividends under AS 43.23.005(d) if they had otherwise been eligible, by applying the percentage of individuals on the lists provided annually to the department under AS 43.23.055(5) who apply for a dividend and are determined to be otherwise eligible had that person not been declared ineligible for a dividend under AS 43.23.005(d), to the total number of individuals on the lists provided annually.
(Eff. 1/1/93, Register 124; am 6/16/93, Register 126; am 12/24/93, Register 128; am 12/28/93, Register 128; am 8/24/95, Register 135; am 8/22/97, Register 143; am 1/1/99, Register 148; am 1/1/2000, Register 152; am 1/1/2002, Register 160; am 1/1/2003, Register 164; am 1/1/2005, Register 172; am 1/1/2006, Register 176; am 1/1/2008, Register 184; am 5/22/2016, Register 218) Statutory Authority:
Authority:
AS 43.23.015 AS 43.23.055
Editor's note:
In 2018 the revisor of statutes, acting under AS 01.05.031, renumbered former AS 43.23.065 as AS 43.23.140.
As of Register 229 (April 2019), the regulations attorney made a conforming technical revision under AS 44.62.125(b)(6), to 15 AAC 23.223(f), so that the cross-reference to former AS 43.23.065 now refers to the renumbered statute, AS 43.23.140.
Effective July 1, 2022, Executive Order 121 split the former Department of Health and Social Services into the Department of Health and the Department of Family and Community Services. As of Register 242 (July 2022), the regulations attorney made conforming technical revisions under sec. 138, E.O. 121 and AS 44.62.125(b)(6), to 15 AAC 23.223.