reglab/statecodes huggingface dataset:
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 684.1 - FOOD STAMP WORK REQUIREMENTS › Subchapter 2 - WORK PROVISIONS › Section 17-684.1-20 - Failure to comply with a comparable work requirement under Title IV of the Social Security Act or unemployment compensation

Current through June, 2024
(a) A
				  household containing a member who was exempt from the work registration
				  requirement in accordance with sections 17-684.1-10 and 17-684.1-14 because the
				  individual was registered for work in any program under Title IV of the Social
				  Security Act, 42 U.S.C. §§630 - 644, including the First-to-Work
				  program (FTW), or unemployment compensation and who fails to comply with the
				  Title IV or unemployment compensation requirement comparable to a food stamp
				  work registration or employment and training requirement shall be treated as
				  though the member failed to comply with the corresponding food stamp
				  requirements.
(b) If the department
				  learns that a household member has refused or failed without good cause to
				  comply with the Title IV or unemployment compensation requirement, the
				  department shall determine whether the requirement was comparable to the food
				  stamp work requirement.
(c) If the
				  household reports the loss or denial of AFDC or unemployment compensation, or
				  if the department otherwise learns of the loss or denial, the department shall
				  determine whether the loss or denial was caused by a determination by the
				  administering agency that a household member refused or failed without good
				  cause to comply with the work requirement and, if so, whether the requirement
				  was comparable to the food stamp work registration or job search requirement.
				  The Title IV or unemployment compensation requirement shall not be considered
				  comparable if it places responsibilities on the household which exceed those
				  imposed by the food stamp work requirements.
(d) If the department determines that the
				  Title IV or unemployment compensation requirement is comparable to the food
				  stamp work requirement, the individual shall be disqualified as follows:
(1) The department shall provide the
				  household with a notice of adverse action within ten days after learning of the
				  household member's noncompliance with the unemployment compensation or Title IV
				  requirement;
(2) The notice shall
				  comply with the requirements of chapter 17-649; and
(3) The noncomplying member shall not be
				  disqualified from participation if the member meets one of the work
				  registration exemptions provided in sections 17-684.1-7 to 17-684.1-16, other
				  than the exemptions for recipients of unemployment compensation as specified in
				  section 17-684.1-10 or individuals subject to work requirements under Title IV
				  of the Social Security Act, 42 U.S.C. §§630 - 644, as specified in
				  section 17-684.1-14.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 684.1 - FOOD STAMP WORK REQUIREMENTS › Subchapter 2 - WORK PROVISIONS › Section 17-684.1-21 - Determining good cause

Current through June, 2024
(a) The department
				  shall determine whether good cause exists when a work registrant fails or
				  refuses to comply with a food stamp work requirement in this
				  subchapter.
(b) In determining
				  whether or not good cause exists, the department shall consider the facts and
				  circumstances, including information submitted by the household member involved
				  and the household member's employer.
(c) Good cause shall include circumstances
				  beyond the household member's control, including but not limited to:
(1) Illness of the household member
				  involved;
(2) Illness of another
				  household member requiring the presence of the member;
(3) A household emergency, e.g., a death in
				  the family;
(4) The unavailability
				  of transportation; or
(5) The lack
				  of adequate child care for children who have reached age six but are under age
				  twelve.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 684.1 - FOOD STAMP WORK REQUIREMENTS › Subchapter 2 - WORK PROVISIONS › Section 17-684.1-22 - Ending disqualification

Current through June, 2024
(a) After the
				  applicable disqualification period for noncompliance with food stamp program
				  work requirements has ended, participation may resume if the disqualified
				  individual reapplies and is determined to be in compliance with work
				  requirements.
(b) A disqualified
				  individual may resume participation during the disqualification period if the
				  individual becomes exempt from the work registration requirements during that
				  period, and is otherwise eligible.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 684.1 - FOOD STAMP WORK REQUIREMENTS › Subchapter 3 - EMPLOYMENT AND TRAINING (E&T) PROGRAM › Section 17-684.1-27 - Employment and training (E&T) program

Current through June, 2024
(a) The department
				  shall administer and manage an employment and training (E&T) program which
				  may consist of the following components:
(1)
				  Job search;
(2) Job search skills
				  training;
(3) Basic education
				  programs that will improve employability;
(4) Other community E&T
				  programs;
(5) Work experience;
				  and
(6) Vocational
				  training.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 684.1 - FOOD STAMP WORK REQUIREMENTS › Subchapter 3 - EMPLOYMENT AND TRAINING (E&T) PROGRAM › Section 17-684.1-28 - Intake

Current through June, 2024
(a) Enrollees for the E&T program shall
				  be selected from the E&T pool which contains all E&T participants
				  referred by the food stamp program.
(b) Enrollees selected for the program shall
				  be required to participate in the intake interview.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 684.1 - FOOD STAMP WORK REQUIREMENTS › Subchapter 3 - EMPLOYMENT AND TRAINING (E&T) PROGRAM › Section 17-684.1-29 - Program orientation

Current through June, 2024
(a) Enrollees shall
				  be required to participate in an orientation session.
(b) E&T orientation may provide
				  information on:
(1) Available program
				  components, activities, and support services for which individuals in the
				  program are eligible;
(2) Rights
				  and responsibilities of enrollees and participants; and
(3) The department's obligations and
				  responsibilities to enrollees and participants in the program.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 684.1 - FOOD STAMP WORK REQUIREMENTS › Subchapter 3 - EMPLOYMENT AND TRAINING (E&T) PROGRAM › Section 17-684.1-30 - Assessment

Current through June, 2024
(a) The department may require educational
				  testing to determine the enrollee's need for basic education, general
				  educational development (GED) or its equivalent, or remedial educational
				  assistance.
(b) The department may
				  conduct a health and psycho-social assessment of the enrollee and the family
				  which shall include a review of the enrollee's personal and family
				  circumstances, the needs of the children in the family, and child care and
				  supportive services needs, and may include a barrier assessment if it is deemed
				  appropriate.
(c) The department
				  shall conduct an employability assessment of each enrollee in the program which
				  shall include an assessment or evaluation of the enrollee's:
(1) Educational level;
(2) Past work history;
(3) Prior work experiences;
(4) Avocation, interest, and
				  values;
(5) Abilities,
				  proficiencies, and skills deficiencies; and
(6) Other factors which affect the enrollee's
				  employability.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 684.1 - FOOD STAMP WORK REQUIREMENTS › Subchapter 3 - EMPLOYMENT AND TRAINING (E&T) PROGRAM › Section 17-684.1-31 - Barrier reduction planning

Current through June, 2024
(a) The department
				  may engage in barrier reduction planning for each enrollee in the program. The
				  barrier reduction plan may:
(1) Be based on
				  the health and psycho-social assessment of the enrollee and the family, the
				  needs of children in the family, and child care and supportive services needs
				  of the enrollee and the family;
(2)
				  Be developed in consultation with and be agreed to or approved by the
				  enrollee;
(3) Reflect the
				  preferences of the enrollee to the maximum extent practicable;
(4) Be responsive to the needs of the
				  enrollee and family members;
(5)
				  Identify barriers that will interfere with the enrollee's participation in
				  program activities;
(6) Specify
				  support services that will be provided by the department to address the removal
				  of barriers;
(7) Specify tasks to
				  be performed by the enrollee; and
(8) Specify time frames and schedules for
				  accomplishing the tasks.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 684.1 - FOOD STAMP WORK REQUIREMENTS › Subchapter 3 - EMPLOYMENT AND TRAINING (E&T) PROGRAM › Section 17-684.1-32 - Employability plan

Current through June, 2024
The department shall develop an employability plan for
					 each enrollee who becomes a participant in the program. The employability plan
					 may:
(1) Be based on the employability
				  assessment of the participant;
(2)
				  Be developed in consultation with the participant;
(3) Be consistent with the participant's
				  interests, values, and abilities;
(4) Reflect the preferences of the
				  participant, to the maximum extent practicable;
(5) Identify the participant's employment
				  objectives;
(6) Use appropriate
				  program resources and available local employment opportunities;
(7) Specify tasks that will be conducted or
				  coordinated by the department to assist the participant to achieve the
				  employment objective;
(8) Specify
				  activities and tasks that will be undertaken by the participant to achieve an
				  objective of universal engagement and, ultimately, employment; and
(9) Specify time frames and schedules for
				  accomplishing tasks and activities.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 684.1 - FOOD STAMP WORK REQUIREMENTS › Subchapter 3 - EMPLOYMENT AND TRAINING (E&T) PROGRAM › Section 17-684.1-33 - Support services plan

Current through June, 2024
(a) The department
				  may develop a support services plan for each enrollee or participant in the
				  E&T program if it is necessary to permit the enrollee or participant to:
(1) Participate in an approved education or
				  training activity under the E&T program consistent with criteria
				  established by the department; or
(2) Participate in other approved activities
				  to prepare the individual for employment.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 684.1 - FOOD STAMP WORK REQUIREMENTS › Subchapter 3 - EMPLOYMENT AND TRAINING (E&T) PROGRAM › Section 17-684.1-34 - Review of E&T program requirements with participants

Current through June, 2024
(a) The participant shall be informed about
				  the E&T program requirements by the department. The information may
				  include, but is not limited to, the following:
(1) Purpose of the E&T program;
(2) Length of participation in the program,
				  including the number of hours of participation per week and reporting
				  requirements; and
(3) Educational,
				  training, and employment activities, and the support services, including child
				  care, to be provided by the department.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 684.1 - FOOD STAMP WORK REQUIREMENTS › Subchapter 3 - EMPLOYMENT AND TRAINING (E&T) PROGRAM › Section 17-684.1-35 - Case management services

Current through June, 2024
The department may provide case management services to
					 support and strengthen the individual's capacity to become economically
					 self-sufficient by facilitating access to resources and opportunities. Case
					 management activities may include, but are not limited to, the
					 following:
(1) Assisting the
				  individual and the family to obtain services needed to assure compliance with
				  program requirements;
(2)
				  Facilitating the individual's placement in appropriate activities or services
				  and access to activities and programs through referrals to appropriate
				  services;
(3) Conducting
				  assessments of the individual's use of services;
(4) Facilitating communication between the
				  individual and service providers;
(5) Providing encouragement and
				  support;
(6) Monitoring and
				  tracking the individual's progress to ensure receipt of required assistance in
				  a timely and effective manner; and
(7) Participating in administrative hearings
				  involving E&T enrollees and participants pursuant to chapter
				  17-602.1.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 684.1 - FOOD STAMP WORK REQUIREMENTS › Subchapter 3 - EMPLOYMENT AND TRAINING (E&T) PROGRAM › Section 17-684.1-36 - E&T participation requirements

Current through June, 2024
(a) E&T
				  participants shall comply with participation requirements including:
(1) Intake;
(2) Program orientation;
(3) Case management, including:
(A) Assessments;
(B) Development and implementation of plans
				  for barrier reduction, support services, and employment; and
(4) Other requirements of this
				  chapter.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 684.1 - FOOD STAMP WORK REQUIREMENTS › Subchapter 3 - EMPLOYMENT AND TRAINING (E&T) PROGRAM › Section 17-684.1-37 - Voluntary participation

Current through June, 2024
(a) The department
				  shall, as it deems practicable, permit persons exempt from the work
				  registration or E&T requirements to participate in any employment and
				  training program the department offers.
(b) Voluntary participants in an E&T
				  component shall not be disqualified for failure to comply with E&T
				  requirements.
(c) The hours of
				  participation or work of a volunteer shall not exceed the hours required of
				  E&T participants as determined by the department or department
				  designee.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 684.1 - FOOD STAMP WORK REQUIREMENTS › Subchapter 3 - EMPLOYMENT AND TRAINING (E&T) PROGRAM › Section 17-684.1-38 - Exemptions from E&T program participation

Current through June, 2024
(a) The
				  following shall be exempt from E&T program participation:
(1) Persons who reside in counties or on
				  islands where E&T components are not offered;
(2) Pregnant women in the third month or more
				  of pregnancy;
(3) Persons residing
				  in remote areas of Hawaii, Maui and Kauai counties.
(A) An area shall be considered remote if a
				  round trip of more than two hours by reasonably available public or private
				  transportation, exclusive of time necessary to transport children to and from a
				  child care facility, would be required for a normal work or training
				  day.
(B) An area shall not be
				  considered remote if the normal round trip commuting time in the area is more
				  than two hours, and that is the generally accepted community
				  standard.
(4) Persons
				  who consistently do not have public or private forms of transportation
				  available to them to the extent that job seeking and placement become
				  impracticable; and
(5) Persons who
				  are not currently working but are still considered as job-attached because they
				  have a known or expected date of return to employment that is within ninety
				  days from their last day of employment.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 684.1 - FOOD STAMP WORK REQUIREMENTS › Subchapter 3 - EMPLOYMENT AND TRAINING (E&T) PROGRAM › Section 17-684.1-39 - Conciliation

Current through June, 2024
(a) The department shall establish a
				  conciliation process to resolve disputes related to an individual's
				  participation in the E&T program.
(b) The conciliation process shall involve
				  attempts between the individual and the department or department designee to
				  resolve disputes and may include but is not limited to revision of the
				  employability and support services plans.
(1)
				  Individuals who fail to comply with the requirements of this subchapter shall
				  be subject to the conciliation process.
(2) The department or department designee
				  shall initiate the conciliation process and work with the individual to resolve
				  disputes.
(3) The department shall
				  make two attempts to contact the individual within five calendar days of the
				  dispute which shall include a written notice and one of the following:
(A) Contact by telephone at the last known
				  phone contact reported by the participant;
(B) Face-to-face contact during any scheduled
				  or unscheduled visit; or
(C) Any
				  other method of communication that would allow the department to expedite
				  resolution of the dispute.
(4) The individual shall have up to ten
				  calendar days from the date of the written notice to provide verification of
				  good cause for noncompliance.
(5)
				  The conciliation process shall end when:
(A)
				  The department has made a determination of good cause and the individual agrees
				  to participate in the program; or
(B) The individual is referred to the Food
				  Stamp program for sanction because:
(i) The
				  department has made a determination that there is no good cause;
(ii) The individual chooses to waive the
				  right to conciliation; or
(iii) Ten
				  calendar days from the date of notice has elapsed.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 684.1 - FOOD STAMP WORK REQUIREMENTS › Subchapter 4 - VOLUNTARY QUIT AND REDUCTION OF WORK EFFORT › Section 17-684.1-45 - Ineligible to participate

Current through June, 2024
(a) A household
				  member who is required to register for work or who is exempt pursuant to
				  sections 17-684.1-10 or 17-684.1-14, shall be ineligible to participate in the
				  food stamp program if within sixty days prior to the date of application or
				  anytime thereafter, the individual voluntarily and without good cause:
(1) Quits a job that met the definition of
				  gainful employment; or
(2) Reduces
				  his or her work effort and, after the reduction, is working less than thirty
				  hours per week.
(A) The reduction in work
				  effort provision shall only apply if the individual was employed thirty hours
				  or more per week before the reduction; and
(B) The minimum wage equivalency used to
				  determine gainful employment, when employment hours are less than thirty hours
				  per week, shall not apply when determining a reduction in work
				  effort.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 684.1 - FOOD STAMP WORK REQUIREMENTS › Subchapter 4 - VOLUNTARY QUIT AND REDUCTION OF WORK EFFORT › Section 17-684.1-46 - Exemptions from voluntary quit and reduction of work effort provisions

Current through June, 2024
A person who is exempt from the work registration
					 requirements in sections
					 17-684.1-7 to
					 17-684.1-16 at the time of the
					 voluntary quit or reduced work effort, shall be exempt from the voluntary quit
					 and reduced work effort provisions specified in this subchapter, with the
					 exception of those exempted by sections
					 17-684.1-10 and
					 17-684.1-14.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 684.1 - FOOD STAMP WORK REQUIREMENTS › Subchapter 4 - VOLUNTARY QUIT AND REDUCTION OF WORK EFFORT › Section 17-684.1-47 - Good cause for voluntary quit

Current through June, 2024
Good cause for voluntarily quitting employment
					 includes:
(1) The good cause
				  provisions found in section 17-684.1-21;
(2) Resigning from a job that is considered
				  unsuitable as specified in section 17-684.1-48;
(3) Discrimination by an employer based on
				  age, race, sex, color, handicap, religious beliefs, national origin, or
				  political beliefs;
(4) Work demands
				  or conditions that render continued employment unreasonable, such as working
				  without being paid on schedule;
(5)
				  Acceptance by any other household member of employment or enrollment at least
				  half-time in any recognized school, training program or institution of higher
				  education in another county or similar political subdivision which requires the
				  household to move and thereby requires the household member to leave
				  employment;
(6) Resignation by a
				  person under the age of sixty that is recognized by the employer as
				  retirement;
(7) Acceptance of a
				  bona fide offer of employment of more than thirty hours a week, or in which the
				  weekly earnings are equivalent to the Federal minimum wage multiplied by thirty
				  hours that, because of circumstances beyond the control of the primary wage
				  earner, subsequently either does not materialize or results in employment of
				  less than thirty hours a week, or weekly earnings of less than the Federal
				  minimum wage multiplied by thirty hours;
(8) Leaving a job in connection with patterns
				  of employment in which workers frequently move from one employer to another
				  such as migrant farm labor or construction work;
(9) When the job contract period ends and the
				  individual or the employer chooses not to renew the contract; and
(10) When the individual's resignation is
				  requested by the employer.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 684.1 - FOOD STAMP WORK REQUIREMENTS › Subchapter 4 - VOLUNTARY QUIT AND REDUCTION OF WORK EFFORT › Section 17-684.1-48 - Unsuitable employment

Current through June, 2024
(a) Employment
				  shall be considered suitable unless:
(1) The
				  wage offered is less than the highest of:
(A)
				  The applicable federal minimum wage;
(B) The applicable state minimum
				  wage;
(C) Eighty per cent of the
				  federal minimum wage, if neither the federal nor the state minimum wage is
				  applicable;
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 684.1 - FOOD STAMP WORK REQUIREMENTS › Subchapter 4 - VOLUNTARY QUIT AND REDUCTION OF WORK EFFORT › Section 17-684.1-49 - Verification of voluntary quit

Current through June, 2024
(a) The department
				  shall request verification of the reason for a voluntary quit if the statements
				  provided by the household are vague or unclear or inconsistent with other
				  information provided by the household.
(b) Acceptable sources of verification
				  include but are not limited to the previous employer, employee associations,
				  union representatives, and grievance committees or organizations.
(c) The household shall have primary
				  responsibility for providing verification of questionable
				  information.
(d) The department
				  shall offer assistance to obtain needed verification if it is difficult or
				  impossible for the household to obtain documentary evidence in a timely
				  manner.
(e) Whenever documentary
				  evidence cannot be obtained, the department shall substitute a collateral
				  contact. The department shall be responsible for obtaining verification from
				  acceptable collateral contacts provided by the household.
(f) If the household and department are
				  unable to obtain requested verification from an acceptable source because the
				  quit resulted from alleged discrimination or unreasonable demands by an
				  employer, or because the employer cannot be located, the household shall not be
				  denied access to the program.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 684.1 - FOOD STAMP WORK REQUIREMENTS › Subchapter 4 - VOLUNTARY QUIT AND REDUCTION OF WORK EFFORT › Section 17-684.1-50 - Disqualifications for voluntary quit or reduction in work effort

Current through June, 2024
(a) If the department determines that a
				  household member has voluntarily and without good cause quit a job or reduced
				  work effort as specified in section 17-684.1-45, that individual shall be
				  ineligible to participate in the food stamp program.
(b) In the case of an applicant household,
				  the household member that quit a job or reduced work effort without good cause
				  shall be denied and a disqualification imposed as follows:
(1) For the first violation, the individual
				  shall be ineligible until the later of:
(A)
				  The date the individual secures new gainful employment; or
(B) Thirty days from the date of quit or
				  reduction of work effort.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 684.1 - FOOD STAMP WORK REQUIREMENTS › Subchapter 4 - VOLUNTARY QUIT AND REDUCTION OF WORK EFFORT › Section 17-684.1-51 - Ending a voluntary quit or reduction in work effort disqualification

Current through June, 2024
(a) Following the end of the disqualification
				  period for voluntarily quitting a job or reducing work effort without good
				  cause, a household member may begin participation in the program if the
				  household member applies again and is determined eligible.
(b) Eligibility may be re-established during
				  a disqualification period and the household member shall be permitted to resume
				  participation, if the household member becomes exempt from the work
				  registration requirements and is otherwise eligible.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 684.1 - FOOD STAMP WORK REQUIREMENTS › Subchapter 5 - TIME LIMIT FOR ABLE-BODIED ADULTS WITHOUT DEPENDENTS (ABAWDs) › Section 17-684.1-58 - Definition

Current through June, 2024
For the purpose of this subchapter:
"Fulfilling the work requirement" means:
(1) Working twenty hours per week, averaged
				  monthly; for purposes of this provision, twenty hours a week averaged monthly
				  means eighty hours a month;
(2)
				  Participating in and complying with the requirements of a work program twenty
				  hours per week, as determined by the department; or
(3) Any combination of working and
				  participating in a work program for a total of twenty hours per week, as
				  determined by the department.
"Working" means:
(1) Work in exchange for money;
(2) Work in exchange for goods or services
				  ("in kind" work);
(3) Unpaid work,
				  verified under standards established by the department; or
(4) Any combination of paragraphs (1), (2)
				  and (3) "Work program" means:
(1)
				  A program under the Workforce Investment Act of 1998,
				  29
				  U.S.C. §2801 et seq.;
(2) A program under section 236 of the Trade
				  Act of 1974,
				  19
				  U.S.C. §2296; or
(3) An employment and training program, other
				  than a job search or job search training program, operated or supervised by the
				  department, which may include a job search or job search training component as
				  long as that component is less than half the requirement of the employment and
				  training program.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 684.1 - FOOD STAMP WORK REQUIREMENTS › Subchapter 5 - TIME LIMIT FOR ABLE-BODIED ADULTS WITHOUT DEPENDENTS (ABAWDs) › Section 17-684.1-59 - Time limit for able-bodied adults

Current through June, 2024
(a) Individuals are
				  not eligible to participate in the food stamp program as a member of any
				  household if the individual received food stamps for more than three countable
				  months during any thirty six month period; provided that individuals may be
				  eligible for up to three additional countable months in accordance with section
				  17-684.1-63.
(b) Countable months
				  are months during which an individual receives food stamps for the full benefit
				  month while not:
(1) Exempt as specified in
				  section 17-684.1-62;
(2) Covered by
				  a waiver granted under the Food Stamp Act,
				  7 U.S.C.
				  §2011, et seq.;
(3) Fulfilling the work requirement as
				  defined in section 17-684.1-58; or
(4) Receiving benefits that are prorated in
				  accordance with section 17-680-27.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 684.1 - FOOD STAMP WORK REQUIREMENTS › Subchapter 5 - TIME LIMIT FOR ABLE-BODIED ADULTS WITHOUT DEPENDENTS (ABAWDs) › Section 17-684.1-60 - Good cause

Current through June, 2024
(a) If an individual would have worked an
				  average of twenty hours per week, but missed some work for good cause, as
				  determined by the department, the individual shall be considered to have met
				  the work requirement if the absence from work is temporary and the individual
				  retains his or her job.
(b) Good
				  cause shall include circumstances beyond the individual's control, such as, but
				  not limited to, illness, illness of another household member requiring the
				  presence of the individual, a household emergency, or the unavailability of
				  transportation.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 684.1 - FOOD STAMP WORK REQUIREMENTS › Subchapter 5 - TIME LIMIT FOR ABLE-BODIED ADULTS WITHOUT DEPENDENTS (ABAWDs) › Section 17-684.1-61 - Reporting requirements

Current through June, 2024
(a) An able-bodied
				  adult subject to the provisions of this subchapter shall report the following
				  changes within ten days of the date the change becomes known to the household:
(1) When work or training hours decrease
				  below twenty hours per week, averaged monthly; and
(2) When employment or training is
				  terminated.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 684.1 - FOOD STAMP WORK REQUIREMENTS › Subchapter 5 - TIME LIMIT FOR ABLE-BODIED ADULTS WITHOUT DEPENDENTS (ABAWDs) › Section 17-684.1-62 - Exemption from the time limit

Current through June, 2024
An individual is exempt from the time limit specified in
					 section 17-684.1-59, if the individual
					 is:
(1) Under eighteen or over fifty
				  years of age;
(2) Determined by the
				  department to be medically certified as physically or mentally unfit for
				  gainful employment. An individual is medically certified as physically or
				  mentally unfit for gainful employment if the individual:
(A) Is receiving temporary or permanent
				  disability benefits issued by a government or private source;
(B) Is obviously mentally or physically unfit
				  for gainful employment as determined by the department; or
(C) Provides a statement from a physician or
				  a licensed or certified psychologist, that he or she is physically or mentally
				  unfit for gainful employment.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 684.1 - FOOD STAMP WORK REQUIREMENTS › Subchapter 5 - TIME LIMIT FOR ABLE-BODIED ADULTS WITHOUT DEPENDENTS (ABAWDs) › Section 17-684.1-63 - Regaining eligibility

Current through June, 2024
(a) An individual
				  denied eligibility as an able-bodied adult due to the time limit specified in
				  section 17-684.1-59, or who did not reapply for benefits because he or she was
				  not fulfilling the work requirement as defined in section 17-684.1-58, shall
				  regain eligibility to participate in the food stamp program if, as determined
				  by the department, during any thirty consecutive days, he or she:
(1) Worked eighty or more hours;
(2) Participated in and complied with the
				  requirements of a work program for eighty or more hours;
(3) Completed any combination of work and
				  participation in a work program for a total of eighty hours; or
(4) Becomes exempt.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 684.1 - FOOD STAMP WORK REQUIREMENTS › Subchapter 5 - TIME LIMIT FOR ABLE-BODIED ADULTS WITHOUT DEPENDENTS (ABAWDs) › Section 17-684.1-64 - Additional three-month eligibility

Current through June, 2024
(a) An individual
				  who regained eligibility as specified in section 17-684.1-63, and who is no
				  longer fulfilling the work requirement, is eligible for an additional period of
				  three consecutive countable months, as defined in section 17-684.1-58. The
				  eligible period shall start as follows:
(1)
				  On the date the individual first notifies the department that the individual is
				  no longer fulfilling the work requirement; or
(2) If the individual has been satisfying the
				  work requirement by participating in a work program, on the date the department
				  notifies the individual that the individual is no longer meeting the work
				  requirement. An individual shall not receive benefits under this section more
				  than once in any three-year period.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 684.1 - FOOD STAMP WORK REQUIREMENTS › Subchapter 5 - TIME LIMIT FOR ABLE-BODIED ADULTS WITHOUT DEPENDENTS (ABAWDs) › Section 17-684.1-65 - Fifteen per cent ABAWD exemption

Current through June, 2024
(a) The department
				  may exempt specified ABAWD recipients from ABAWD time-limits, pursuant to
				  section 1001 of the Balanced Budget Act of 1997 ,
				  Pub. L. No.
				  105-33, 111 Stat. 215. The average monthly number
				  of exemptions granted pursuant to this section shall not exceed fifteen per
				  cent of the number of covered individuals during the federal fiscal
				  year.
(b) The ABAWD population that
				  may be eligible for the exemption may include but is not limited to:
(1) Individuals who have completed a
				  prescribed amount of job search;
(2) Individuals who are working less than
				  twenty hours per week;
(3)
				  Individuals enrolled in General Educational Development (GED) or English as a
				  Second Language (ESL) classes for less than twenty hours per week;
(4) Non-English speakers; or
(5) Any other group the department determines
				  eligible for the exemption.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 685 - REPLACEMENT OF STOLEN FINANCIAL ASSISTANCE BENEFITS, SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM (SNAP) BENEFITS, AND SUPPORTIVE SERVICE PAYMENTS › Subchapter 1 - GENERAL PROVISIONS › Section 17-685-1 - Purpose

Current through June, 2024
(a) The purpose of this chapter is to
				  establish the rules governing the administration and implementation of
				  replacement benefits for households who were victimized by electronic benefit
				  theft through card cloning, card skimming, or similar fraudulent
				  methods.
(b) These emergency rules
				  shall be effective upon filing with the Office of the Lieutenant Governor;
				  provided that:
(1) For SNAP benefits, the
				  conditions set out in these rules shall apply retroactively to October 1, 2022;
				  and
(2) For financial assistance
				  benefits and supportive service payments, the conditions set out in these rules
				  shall apply retroactively as of November 3, 2023.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 685 - REPLACEMENT OF STOLEN FINANCIAL ASSISTANCE BENEFITS, SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM (SNAP) BENEFITS, AND SUPPORTIVE SERVICE PAYMENTS › Subchapter 1 - GENERAL PROVISIONS › Section 17-685-3 - Requirements for a claim for replacement of stolen benefits

Current through June, 2024
(a)
				  A household unit may be eligible to receive a replacement of financial
				  assistance, SNAP benefits, or a supportive service payment if:
(1) There is sufficient evidence to determine
				  the occurrence of electronic benefits theft and that the benefits were stolen
				  through card skimming, card cloning, or similar fraudulent methods;
				  and
(2) The benefits were not lost
				  or stolen by an alternate payee or authorized representative designated by the
				  household unit.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 685 - REPLACEMENT OF STOLEN FINANCIAL ASSISTANCE BENEFITS, SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM (SNAP) BENEFITS, AND SUPPORTIVE SERVICE PAYMENTS › Subchapter 1 - GENERAL PROVISIONS › Section 17-685-4 - Processing a claim for the replacement of stolen benefits

Current through June, 2024
(a)
				  A claim for the replacement of stolen benefits shall not be processed until a
				  complete and signed attestation is received by the department from the
				  household unit.
(b) The department
				  may contact the household unit to verify and confirm the information provided
				  on the attestation. The review of the claim shall be completed within ten
				  business days from the date the signed attestation was received by the
				  department from the household unit; provided that the department has all the
				  necessary information to verify and make a disposition on the household unit's
				  electronic benefits theft claim.
(c) The department may validate a claim of
				  electronic benefits theft through appropriate means including, but not limited
				  to:
(1) Verification that the attestation is
				  complete and signed by the head of the household unit;
(2) Collateral contacts;
(3) Documentary evidence;
(4) EBT system and processor data transaction
				  history;
(5) Department's call
				  center, eligibility, and case management systems;
(6) Retailers or financial institutions of
				  the ATM at where the electronic benefits theft reportedly occurred;
				  and
(7) News media reports of
				  identified card cloning, card skimming, or other similar fraudulent and
				  electronic theft methods.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 685 - REPLACEMENT OF STOLEN FINANCIAL ASSISTANCE BENEFITS, SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM (SNAP) BENEFITS, AND SUPPORTIVE SERVICE PAYMENTS › Subchapter 1 - GENERAL PROVISIONS › Section 17-685-5 - Disposition and issuance of replacement benefits

Current through June, 2024
(a) A
				  household unit's claim for the replacement of stolen benefits shall be denied
				  if:
(1) The attestation was submitted
				  untimely, not signed, or incomplete;
(2) There is insufficient evidence to support
				  the validity of the claim;
(3) The
				  claim was reported outside the timely reporting period as defined in section
				  17-685-2;
(4) An approved claim would result in the
				  household unit exceeding the two allowable issuances of replacement benefits in
				  a federal fiscal year;
(5) The
				  department exercises the provisions of section
				  17-685-8 to deny claims;
				  or
(6) A claim is submitted for
				  stolen program benefits that are not subject to replacement pursuant to this
				  chapter.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 685 - REPLACEMENT OF STOLEN FINANCIAL ASSISTANCE BENEFITS, SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM (SNAP) BENEFITS, AND SUPPORTIVE SERVICE PAYMENTS › Subchapter 1 - GENERAL PROVISIONS › Section 17-685-6 - Administrative hearing request

Current through June, 2024
(a) The household
				  unit shall be provided an opportunity for an administrative hearing, in
				  accordance with chapter
				  17-602.1, if the household unit
				  disputes one of the following:
(1) The
				  department's determination of ineligibility for replacement benefits;
				  or
(2) The amount of the
				  replacement benefits when the amount determined is less than the maximum amount
				  provided for under section
				  17-685-5.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 685 - REPLACEMENT OF STOLEN FINANCIAL ASSISTANCE BENEFITS, SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM (SNAP) BENEFITS, AND SUPPORTIVE SERVICE PAYMENTS › Subchapter 1 - GENERAL PROVISIONS › Section 17-685-7 - Overpayment and fraud

Current through June, 2024
(a) An overpayment shall be created when:
(1) There is an error in determining the
				  household unit's eligibility for replacement of stolen benefits that results in
				  an overpayment; or
(2) There is an
				  error in calculating the replacement benefit amount.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 685 - REPLACEMENT OF STOLEN FINANCIAL ASSISTANCE BENEFITS, SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM (SNAP) BENEFITS, AND SUPPORTIVE SERVICE PAYMENTS › Subchapter 1 - GENERAL PROVISIONS › Section 17-685-8 - Denial or reduction of replacement benefits for insufficient funds

Current through June, 2024
(a) The department may deny claims for
				  replacement of stolen benefits or reduce the amount to which stolen benefits
				  are replaced when there are insufficient funds to pay for replacement
				  benefits.
(b) When funds for the
				  replacement of stolen benefits have or soon will be exhausted, the department
				  may issue public notices.
(c) A
				  decision under this section shall be final and conclusive and is not subject to
				  administrative hearing under chapter
				  17-602.1 and section
				  17-685-6.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 685.1 - REPLACEMENT OF STOLEN FINANCIAL ASSISTANCE BENEFITS, SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM (SNAP) BENEFITS, AND SUPPORTIVE SERVICE PAYMENTS › Subchapter 1 - GENERAL PROVISIONS › Section 17-685.1-1 - Purpose

Current through June, 2024
(a) The purpose of this chapter is to
				  establish the rules governing the administration and implementation of
				  replacement benefits for households who were victimized by electronic benefit
				  theft through card cloning, card skimming, or similar fraudulent
				  methods.
(b) These emergency rules
				  shall be effective upon filing with the Office of the Lieutenant Governor;
				  provided that:
(1) For SNAP benefits, the
				  conditions set out in these rules shall apply retroactively to October 1, 2022;
				  and
(2) For financial assistance
				  benefits and supportive service payments, the conditions set out in these rules
				  shall apply retroactively as of May 25, 2024.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 685.1 - REPLACEMENT OF STOLEN FINANCIAL ASSISTANCE BENEFITS, SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM (SNAP) BENEFITS, AND SUPPORTIVE SERVICE PAYMENTS › Subchapter 1 - GENERAL PROVISIONS › Section 17-685.1-3 - Requirements for a claim for replacement of stolen benefits

Current through June, 2024
(a) A
				  household unit may be eligible to receive a replacement of financial
				  assistance, SNAP benefits, or a supportive service payment if:
(1) There is sufficient evidence to determine
				  the occurrence of electronic benefits theft and that the benefits were stolen
				  through card skimming, card cloning, or similar fraudulent methods;
				  and
(2) The benefits were not lost
				  or stolen by an alternate payee or authorized representative designated by the
				  household unit.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 685.1 - REPLACEMENT OF STOLEN FINANCIAL ASSISTANCE BENEFITS, SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM (SNAP) BENEFITS, AND SUPPORTIVE SERVICE PAYMENTS › Subchapter 1 - GENERAL PROVISIONS › Section 17-685.1-4 - Processing a claim for replacement of stolen benefits

Current through June, 2024
(a) A
				  claim for the replacement of stolen benefits shall not be processed until a
				  complete and signed attestation is received by the department from the
				  household unit.
(b) The department
				  may contact the household unit to verify and confirm the information provided
				  on the attestation. The review of the claim shall be completed within ten
				  business days from the date the signed attestation was received by the
				  department from the household unit; provided that the department has all the
				  necessary information to verify and make a disposition on the household unit's
				  electronic benefits theft claim.
(c) The department may validate a claim of
				  electronic benefits theft through appropriate means including, but not limited
				  to:
(1) Verification that the attestation is
				  complete and signed by the head of the household unit;
(2) Collateral contacts;
(3) Documentary evidence;
(4) EBT system and processor data transaction
				  history;
(5) Department's call
				  center, eligibility, and case management systems;
(6) Retailers or financial institutions of
				  the ATM at where the electronic benefits theft reportedly occurred;
				  and
(7) News media reports of
				  identified card cloning, card skimming, or other similar fraudulent and
				  electronic theft methods.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 685.1 - REPLACEMENT OF STOLEN FINANCIAL ASSISTANCE BENEFITS, SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM (SNAP) BENEFITS, AND SUPPORTIVE SERVICE PAYMENTS › Subchapter 1 - GENERAL PROVISIONS › Section 17-685.1-5 - Disposition and issuance of replacement benefits

Current through June, 2024
(a) A
				  household unit's claim for the replacement of stolen benefits shall be denied
				  if:
(1) The attestation was submitted
				  untimely, not signed, or incomplete;
(2) There is insufficient evidence to support
				  the validity of the claim;
(3) The
				  claim was reported outside the timely reporting period as defined in section
				  17-685.1-2;
(4) An approved claim
				  would result in the household unit exceeding the two allowable issuances of
				  replacement benefits in a federal fiscal year;
(5) The department exercises the provisions
				  of section 17-685.1-8 to deny claims; or
(6) A claim is submitted for stolen program
				  benefits that are not subject to replacement pursuant to this
				  chapter.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 685.1 - REPLACEMENT OF STOLEN FINANCIAL ASSISTANCE BENEFITS, SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM (SNAP) BENEFITS, AND SUPPORTIVE SERVICE PAYMENTS › Subchapter 1 - GENERAL PROVISIONS › Section 17-685.1-6 - Administrative hearing request

Current through June, 2024
(a) The household
				  unit shall be provided an opportunity for an administrative hearing, in
				  accordance with chapter 17-602.1, if the household unit disputes one of the
				  following:
(1) The department's determination
				  of ineligibility for replacement benefits; or
(2) The amount of the replacement benefits
				  when the amount determined is less than the maximum amount provided for under
				  section 17-685.1-5.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 685.1 - REPLACEMENT OF STOLEN FINANCIAL ASSISTANCE BENEFITS, SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM (SNAP) BENEFITS, AND SUPPORTIVE SERVICE PAYMENTS › Subchapter 1 - GENERAL PROVISIONS › Section 17-685.1-7 - Overpayment and fraud

Current through June, 2024
(a) An overpayment
				  shall be created when:
(1) There is an error
				  in determining the household unit's eligibility for replacement of stolen
				  benefits that results in an overpayment; or
(2) There is an error in calculating the
				  replacement benefit amount.