reglab/statecodes huggingface dataset:
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 663 - SPECIAL SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM HOUSEHOLD › Subchapter 17 - CATEGORICAL ELIGIBILITY › Section 17-663-163 - Definitions

Current through June, 2024
As used in this subchapter:
"Assistance to the aged, blind, or disabled" or "AABD"
					 means the state-funded financial assistance program administered by the
					 department of human services for aged, blind, and disabled individuals, as
					 specified in chapter 17-658.
"Authorized to receive" means that an individual has been
					 determined eligible for benefits and has been notified of this determination,
					 even if the benefits have been authorized but not received, authorized but not
					 accessed, authorized but suspended, authorized but recouped, or authorized but
					 not paid because they are less than a minimum amount.
"General assistance" or "GA" means the state-funded
					 financial assistance program administered by the department of human services
					 for individuals with no minor dependents, who are between 18 and 65 years of
					 age, and who have been certified as unable to work due to a temporary physical
					 or mental impairment, as specified in chapter 17-659.
"Supplemental Security Income" or "SSI" means monthly cash
					 payments made under the authority of:
(1) Title XVI of the Social Security Act, as amended, to
					 the aged, blind and disabled;
(2) section 1616(a) of the Social Security Act; or
(3) section 212(a) of Pub. L. 93-66.
"TANF Service" means a program that provides a non-cash
					 TANF funded benefit or service, such as an informational brochure or referral
					 service.
"Temporary Assistance for Needy Families" or "TANF" means
					 the program that provides a cash benefit funded in full or in part with federal
					 money under Title IV-A of the Social Security Act of 1935, as
					 amended.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 663 - SPECIAL SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM HOUSEHOLD › Subchapter 17 - CATEGORICAL ELIGIBILITY › Section 17-663-164 - Categorically eligible SSI or TANF households

Current through June, 2024
(a) The following
				  SNAP households are categorically eligible:
(1) Any SNAP household in which all members
				  receive or are authorized to receive SSI.
(2) Any SNAP household in which all members
				  receive or are authorized to receive TANF assistance. TANF assistance shall
				  include the following TANF funded programs:
(A) Temporary Assistance for Needy Families
				  (TANF) ;
(B) Temporary Assistance
				  for Other Needy Families (TAONF);
(C) Employment Subsidy (ES);
(D) Grant Diversion (GD);
(E) Self-Sufficiency (SS) ;
(F) Supporting Employment Empowerment (SEE);
				  and
(G) Refugee Assistance
				  Program.
(3) Any SNAP
				  household in which all members receive or are authorized to receive a
				  combination of benefits listed in paragraphs (1) or (2).
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 663 - SPECIAL SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM HOUSEHOLD › Subchapter 17 - CATEGORICAL ELIGIBILITY › Section 17-663-165 - Categorically eligible AABD or GA households

Current through June, 2024
(a) The following
				  SNAP households are categorically eligible:
(1) Any SNAP household in which all members
				  receive or are authorized to receive AABD.
(2) Any SNAP household in which all members
				  receive or are authorized to receive GA.
(3) Any SNAP household in which all members
				  receive or are authorized to receive a combination of benefits listed in
				  paragraphs (1) or (2).
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 663 - SPECIAL SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM HOUSEHOLD › Subchapter 17 - CATEGORICAL ELIGIBILITY › Section 17-663-166 - Categorically eligible TANF service households

Current through June, 2024
(a) Any SNAP
				  household that is not categorically eligible pursuant to sections 17-663-164 or
				  17-663-165, shall be determined categorically eligible if the household:
(1) Has a gross monthly income that is at or
				  below 200 percent of the federal poverty limit; and
(2) Was provided a TANF informational
				  brochure, DHS 1464.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 663 - SPECIAL SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM HOUSEHOLD › Subchapter 17 - CATEGORICAL ELIGIBILITY › Section 17-663-167 - Asset standards

Current through June, 2024
Households that are categorically eligible, as specified
					 in sections
					 17-663-164,
					 17-663-165 or
					 17-663-166, are not subject to an
					 evaluation of assets or to the asset eligibility limits established for
					 financial assistance or SNAP in chapter 17-675. Therefore, all resources shall
					 be excluded for categorically eligible households specified in this
					 subchapter.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 663 - SPECIAL SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM HOUSEHOLD › Subchapter 17 - CATEGORICAL ELIGIBILITY › Section 17-663-168 - Deemed eligibility factors

Current through June, 2024
(a) The following
				  eligibility factors need not be verified for SNAP eligibility because of the
				  household's TANF, SSI, GA or AABD categorical eligibility status:
(1) Assets, except for transferred assets
				  which applies only to GA and AABD households as specified in section
				  17-663-165(b)(3);
(2) Gross and net
				  income eligibility standards as specified in sections 17-680-25 and
				  17-680-26;
(3) Social security
				  number information as specified in section 17-655-12;
(4) Sponsored alien information as specified
				  in subchapter
				  12 of chapter 17-663; and
(5) Residency as specified in subchapter 3 of
				  chapter 17-655.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 663 - SPECIAL SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM HOUSEHOLD › Subchapter 17 - CATEGORICAL ELIGIBILITY › Section 17-663-169 - Verification requirements

Current through June, 2024
(a) The department
				  shall verify the following factors for categorically eligible SSI or TANF
				  households:
(1) That each household member
				  receives SSI or TANF benefits or a combination of these benefits;
(2) That the household includes no
				  individuals who have been disqualified as specified in section
				  17-663-164(c);
(3) The SNAP
				  household includes all persons who purchase and prepare food together
				  regardless of whether or not they are separate units for SSI or TANF;
				  and
(4) The household composition
				  meets the definition of a household as specified in subchapter 1.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 663 - SPECIAL SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM HOUSEHOLD › Subchapter 17 - CATEGORICAL ELIGIBILITY › Section 17-663-170 - Compliance with other SNAP eligibility requirements

Current through June, 2024
Categorically eligible households shall comply with all
					 SNAP requirements regarding:
(1) Work
				  registration specified in subchapter
				  2 of chapter 17-684.1;
(2) Participation in employment and training
				  activities as specified in subchapter 3 of chapter 17-684.1;
(3) Reporting requirements as specified in
				  chapter 17-650;
(4) Recertification
				  of eligibility as specified in subchapter 3 of chapter 17-648;
(5) Voluntary quit provisions as specified in
				  subchapter 4 of chapter 17-684.1; and
(6) Able-bodied adults without dependents
				  requirements specified in subchapter
				  5 of chapter 17-684.1.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 663 - SPECIAL SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM HOUSEHOLD › Subchapter 17 - CATEGORICAL ELIGIBILITY › Section 17-663-171 - Eligibility and benefit determination

Current through June, 2024
(a) All
				  categorically eligible households are subject to the same standard benefit
				  amount calculation as all other SNAP households as specified in subchapter
				  5 of chapter 17-67 6.
(b) One or two person households that are
				  categorically eligible shall be entitled to the minimum benefit as specified in
				  section 17-680-28(e).
(c)
				  Categorically eligible households of three or more members who are eligible for
				  zero benefits shall have their application denied or their case closed as their
				  income exceeds the level at which benefits are issued.
(d) A household shall be considered to be
				  categorically eligible in any month that the household receives a TANF, SSI, GA
				  or AABD benefit, even if the household is later found to be ineligible for
				  those benefits. This also applies to households who receive a continuation of
				  benefits pending a hearing decision and are subsequently determined ineligible
				  for the TANF, SSI, GA or AABD benefits the household received.
(e) When a household files a joint
				  application for SNAP and TANF, SSI, AABD or GA benefits and is denied SNAP, or
				  when a household that applies for SNAP has a TANF, SSI, AABD or GA application
				  pending and is denied SNAP, the department shall:
(1) Ensure that the denied application of a
				  potentially categorically eligible household is easily retrievable;
(2) Reevaluate the original application at
				  the household's request or when the household's TANF, SSI, AABD or GA
				  eligibility becomes known to the department; and
(3) Inform the household on the notice of
				  denial of the possibility of categorical eligibility. and to notify the
				  department if TANF, SSI, AABD, or GA benefits are approved.
If the household is later determined eligible to receive
					 TANF, SSI, AABD or GA benefits and is otherwise categorically eligible, the
					 department shall:
(A) Provide benefits
				  using the original application and any other pertinent information occurring
				  subsequent to that application;
(B)
				  Not reinterview the household, but use any available information to update and
				  reevaluate the application;
(C)
				  Contact the household by phone or mail to explain and confirm possible changes
				  and to determine if other changes in household circumstances have
				  occurred;
(D) Arrange for the
				  household or its authorized representative to initial all changes, resign and
				  date the updated application; and
(E) Prorate benefits for the initial month
				  from one of the following, whichever is later:
(i) The effective date of the TANF, SSI, AABD
				  or GA benefits; or
(ii) The date of
				  the original SNAP application.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 663 - SPECIAL SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM HOUSEHOLD › Subchapter 18 - TRANSITIONAL BENEFITS ALTERNATIVE (TBA) › Section 17-663-176 - Overview

Current through June, 2024
The Supplemental Nutrition Assistance Program (SNAP) law
					 and regulations (
					 7
					 U.S.C. 2020(s),
					 7 CFR
					 273.26 through
					 273.32
					 ) provide state agencies the option to offer transition SNAP benefits (TBA) to
					 households leaving the Temporary Assistance for Needy Families (TANF) program.
					 Transitional benefits ensure that such households can continue to meet their
					 nutritional needs as they make the transition from welfare to work.
					 Transitional benefits guarantee families a set benefit amount and eliminate
					 reporting requirements during the transition period. Benefits can be continued
					 for up to five months in an amount equal to the amount received by the
					 household prior to TANF termination with adjustments for the loss of TANF
					 income. TBA households shall be given a five month certification
					 period.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 663 - SPECIAL SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM HOUSEHOLD › Subchapter 18 - TRANSITIONAL BENEFITS ALTERNATIVE (TBA) › Section 17-663-177 - Definitions

Current through June, 2024
As used in this subchapter:
"Supplemental Nutrition Assistance Program" or "SNAP"
					 means the national nutrition safety net program, formerly known as the Food
					 Stamp Program, administered by the DHS-BESSD under the Food and Nutrition Act
					 of 2008, (
					 7 U.S.C.
					 §§2011 -
					 2036
					 ) as amended, to provide food purchasing power to eligible low-income
					 households.
"Temporary Assistance to Needy Families" or "TANF" means
					 the financial assistance and non-assistance programs administered by the
					 department under
					 42
					 U.S.C. §§601 -
					 619 and section
					 346-14, Hawaii Revised Statutes.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 663 - SPECIAL SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM HOUSEHOLD › Subchapter 18 - TRANSITIONAL BENEFITS ALTERNATIVE (TBA) › Section 17-663-178 - Transitional Benefits Alternative (TBA)

Current through June, 2024
(a) The department
				  shall provide transitional benefits (TBA) to all households that become
				  ineligible to receive TANF for reasons other than as specified section §
				  17-663-179.
(b) For purposes of
				  this subchapter, TANF means any cash assistance program specified in chapters
				  17-656.1 or 17-656.2.
(c) TBA
				  benefits shall be provided for a five month period in an amount equal to the
				  amount received by the household prior to TANF termination with an. adjustment
				  made for the loss of TANF income.
(d) Households leaving TANF do not have to
				  apply for TBA or submit any additional information.
(e) Households do not have to report or
				  provide verification of any changes in household circumstances, income or
				  assets during the five month TBA period.
(f) TBA can be approved for households that
				  include both TANF and non-TANF household members.
(g) There is no limit to the number of times
				  a household can receive TBA.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 663 - SPECIAL SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM HOUSEHOLD › Subchapter 18 - TRANSITIONAL BENEFITS ALTERNATIVE (TBA) › Section 17-663-179 - Ineligible households

Current through June, 2024
The department shall not provide TBA benefits to a
					 household which is leaving TANF when the department has determined that:
(1) The household is noncompliant with a TANF
				  program requirement and the department is imposing a comparable SNAP sanction
				  as specified in section 17-684.1-20;
(2) The household has violated a SNAP work
				  requirement as specified in subchapter
				  2 of chapter 17-684.1;
(3) A household member has committed an
				  intentional program violation as defined in section 17-604.1-2;
(4) The household's TANF case is closing in
				  response to information indicating the household failed to comply with SNAP
				  reporting requirements specified in chapter 17-650; or
(5) Cash assistance is terminating in one
				  TANF program, but the household will begin receiving cash assistance in another
				  TANF program with no break in benefits.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 663 - SPECIAL SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM HOUSEHOLD › Subchapter 18 - TRANSITIONAL BENEFITS ALTERNATIVE (TBA) › Section 17-663-180 - Determining the TBA benefit amount

Current through June, 2024
when a household leaves TANF:
(1) The department will determine the TBA
				  monthly benefit amount by recalculating the household's SNAP benefits that were
				  received in the last month of TANF cash grant. No new income shall be used in
				  calculating the TBA benefit amount.
(2) If the household is losing income as a
				  result of leaving TANF, the department shall recalculate the household's SNAP
				  benefits that were received in the last month of TANF eligibility without the
				  terminated income and without the TANF cash grant before initiating the
				  transition period
(3) The TBA
				  benefit amount may be reduced to recover a SNAP overpayment through recoupment
				  accordance with subchapter 7 of chapter 17-683.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 663 - SPECIAL SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM HOUSEHOLD › Subchapter 18 - TRANSITIONAL BENEFITS ALTERNATIVE (TBA) › Section 17-663-181 - Notification of TBA eligibility

Current through June, 2024
(a) The department
				  shall issue a notice advising the household of the conversion to TBA, the
				  amount of the TBA benefit, and that the TBA will be provided for five months.
				  The notice shall also advise the household:
(1) That its TBA benefit amount will remain
				  the same throughout the transition period;
(2) That its TBA benefit amount was based on
				  the household's circumstances in the last month of TANF eligibility minus the
				  TANF cash grant or that the department adjusted the SNAP benefit based on
				  information verified by the department that the household's income was
				  decreasing as the result of leaving TANF;
(3) That it is not required to report and
				  provide verification for any changes in household circumstances until the
				  deadline established in accordance with section 17-663-180; and
(4) That it may reapply for regular SNAP
				  benefits at any time if there is a change in the household's circumstances
				  which would result in increased benefits.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 663 - SPECIAL SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM HOUSEHOLD › Subchapter 18 - TRANSITIONAL BENEFITS ALTERNATIVE (TBA) › Section 17-663-182 - TBA Reporting requirements

Current through June, 2024
(a) The TBA
				  household shall not be required to report or provide verification of any
				  changes in household circumstances during the TBA period.
(b) If the household does report changes in
				  its circumstances during the TBA period, the department shall adjust the
				  household's benefit amount as follows:
(1) If
				  the change results in a SNAP benefit amount that is less than or equal to the
				  TBA amount, the department shall continue to pay the current TBA amount for the
				  remaining months of the TBA period.
(2) If the change results in a SNAP benefit
				  amount that is greater than the current TBA amount, the department shall give
				  the household the option of reapplying for regular SNAP benefits in accordance
				  with chapter 17-647.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 663 - SPECIAL SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM HOUSEHOLD › Subchapter 18 - TRANSITIONAL BENEFITS ALTERNATIVE (TBA) › Section 17-663-183 - TBA termination

Current through June, 2024
The TBA household shall no longer be eligible for TBA when
					 any of the following occur:
(1) The
				  five month TBA period ends.
(2) The
				  household provides a written request for termination.
(3) Any member of the TBA household applies
				  and is approved for TANF.
(4) A
				  member leaves the TBA household and applies for SNAP or joins another SNAP
				  household and is determined eligible for SNAP.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 675 - ASSETS › Subchapter 2 - PERSONAL RESERVE STANDARDS › Section 17-675-4 - Personal reserve standards

Current through June, 2024
(a) The personal
				  reserve standard is the maximum amount of countable assets that may be held by
				  an individual, a family, or a household while establishing or maintaining
				  eligibility for financial assistance or food stamps.
(b) An individual, a family, or a household
				  whose equity in non-exempt assets exceeds the personal reserve standard for
				  financial assistance or food stamps shall be ineligible for benefits from the
				  respective program or programs.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 675 - ASSETS › Subchapter 2 - PERSONAL RESERVE STANDARDS › Section 17-675-5 - Personal reserve standards for financial assistance

Current through June, 2024
(a)
				  For a family, applying for or receiving financial assistance under the aid to
				  families with dependent children, the personal reserve standard is
				  $5,000.
(b) For an individual or
				  couple who receives SSI benefits or is applying for or receiving financial
				  assistance under the general assistance or aid to the aged, blind, or disabled
				  programs, the personal reserve standards shall be equal to standards employed
				  by the SSI program.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 675 - ASSETS › Subchapter 2 - PERSONAL RESERVE STANDARDS › Section 17-675-7 - Personal reserve standards for food stamps

Current through June, 2024
(a) For a
				  household applying for food stamps, the personal reserve standards, which
				  reflect the uniform national resource standards of eligibility, are:
(1) $2,000 per household; or
(2) $3,000 for a household in which one or
				  more members are age sixty or older. If the only member of the household who is
				  age sixty or older is disqualified, the personal reserve standard of the
				  household shall be $2,000.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 675 - ASSETS › Subchapter 3 - EVALUATION OF ASSETS › Section 17-675-14 - Evaluating assets for financial assistance

Current through June, 2024
(a) The assets of a
				  recipient shall be evaluated as of the first of the month for which eligibility
				  is being determined.
(b) The assets
				  of an applicant shall be evaluated as of the date of application for
				  eligibility determination purposes.
(c) The amounts used to determine the equity
				  value of non-exempt assets shall not be rounded off.
(d) The assets of an SSI recipient shall not
				  be considered in determining eligibility for the AFDC category for remaining
				  members of the household.
(e) The
				  assets of an SSI recipient shall be considered in determining the recipient's
				  eligibility for the General Assistance and state-funded assistance for aged,
				  blind, and disabled individuals.
(f) When individuals in the household are
				  eligible for financial assistance in different categories of assistance, the
				  equity value of the asset shall be assigned to the individual who has legal
				  ownership of the asset.
(g) Assets
				  shall be considered part of the personal reserve both when actually available
				  and when the applicant or recipient has a legal interest in a liquidated sum
				  and has the legal ability to make such sum available for support and
				  maintenance.
(h) Assets of both
				  parents, natural, legal, or adoptive, shall be considered available for each
				  other and the support of their children. The natural parent, with no legal duty
				  to support, who is not included in the financial assistance payment shall be
				  counted as a member of the assistance household in determining whether the
				  assets are below the personal reserve standard.
(i) Assets that are jointly held by an
				  applicant or recipient and other persons shall be considered available, unless
				  prohibited by the legal terms of ownership or evidence is presented to confirm
				  the assets are not available to the applicant or recipient.
(j) All individuals shall apply for and
				  develop potential sources of assets. When the individual fails to apply for or
				  develop sources of assets, the department shall:
(1) Consider the amount the individual is
				  entitled to receive in determining eligibility for financial assistance when
				  the individual provides the department with verification of the amount;
				  or
(2) Deny or terminate financial
				  assistance when the individual fails to provide the department with
				  verification to determine the amount of the asset.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 675 - ASSETS › Subchapter 3 - EVALUATION OF ASSETS › Section 17-675-15 - Special provision for financial assistance programs only - assets of sponsor of an alien

Current through June, 2024
(a) The assets of a
				  sponsor of an alien and sponsor's spouse living with the sponsor shall be
				  deemed to be the assets of the alien requesting financial assistance until such
				  time as the alien becomes a United States citizen.
(b) The amount of a sponsor's assets deemed
				  available to the alien shall be determined by:
(1) Establishing a value of all of the
				  sponsor's assets according to department standards; and
(2) Exempting $1,500 from the total value of
				  the sponsor's assets.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 675 - ASSETS › Subchapter 3 - EVALUATION OF ASSETS › Section 17-675-19 - Special provisions for food stamps - commingled funds

Current through June, 2024
(a)
				  Liquid assets, as defined in section
				  17-675-2
				  that are listed in sections
				  17-675-26
				  and
				  17-675-29,
				  which are kept in a separate account and are not commingled in an account with
				  other nonexcluded funds, shall retain the exclusion for an unlimited period in
				  spite of interest accruing. The interest shall be counted as unearned income in
				  the month received and after that month, the interest shall be counted as
				  assets.
(b) The assets of students
				  and self-employed households which have been prorated, counted as income, and
				  commingled with nonexcluded funds shall retain the exemption for the period
				  over which the assets have been prorated as income.
(c) Those excluded moneys which are
				  commingled in an account with nonexcluded funds shall retain their exemption
				  for six months from the date the moneys are commingled. After six months from
				  the date of commingling, all funds in the commingled account shall be counted
				  as assets. Once excluded funds are commingled their exemption shall last only
				  six months, even when the funds are subsequently placed in a separate
				  account.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 675 - ASSETS › Subchapter 4 - ASSETS TO BE EXEMPTED › Section 17-675-27 - Exemption of burial spaces and funeral plans

Current through June, 2024
(a) In the
				  financial assistance programs, one burial space, including plots, vaults, and
				  niches, per family member is exempt. In addition, bonafide funeral plans or
				  agreements up to a total of $1,500 of equity value for each family member is
				  exempt.
(b) In the food stamp
				  program, one burial plot per household member, except any amount that can be
				  withdrawn from a prepaid burial plan without a contractual obligation to repay,
				  shall be excluded. Funds from a prepaid burial plan that are borrowed or used
				  with an agreement to repay shall be considered a loan.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 675 - ASSETS › Subchapter 4 - ASSETS TO BE EXEMPTED › Section 17-675-28 - Special provision for financial assistance programs only - temporary exemption of real property other than the home

Current through June, 2024
Real property not used as a family home may be exempted for
					 a period of six months during which the family is making a good faith effort to
					 sell subject to the following provisions:
(1) The family shall sign a written agreement
				  to sell the real property and to repay the amount of financial assistance
				  received during the six months that would not have been paid had the real
				  property been sold at the beginning of the period;
(2) The family has five working days from the
				  date it realizes cash from the sale of the property to repay the overpayment;
				  and
(3) If the property was
				  intentionally sold at less than fair market value or if it is otherwise
				  determined that a good faith effort to sell the property is not being made, the
				  overpayment amount shall be computed using the fair market value determined at
				  the beginning of the conditional six-month eligibility period.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 675 - ASSETS › Subchapter 4 - ASSETS TO BE EXEMPTED › Section 17-675-30 - Special provision for the food stamp program - inaccessible assets

Current through June, 2024
(a) If the cash value of an asset is not
				  accessible to the household, including, but not limited to, irrevocable trust
				  funds, security deposits on rental property or utilities, property in probate,
				  and real property which the household is making a good faith effort to sell at
				  a reasonable price, then the personal or real property shall be exempted as an
				  asset. The branch shall verify that the property is for sale and the household
				  has not declined a reasonable offer. Verification shall be obtained through a
				  collateral contact or documentation, such as an advertisement for public sale
				  in a newspaper of general circulation or a listing with a real estate
				  broker.
(b) Any funds in a trust or
				  funds transferred to a trust, and the income produced by that trust to the
				  extent it is not available to the household shall be considered inaccessible to
				  the household if:
(1) The trust arrangement is
				  not likely to cease during the certification period and no household member has
				  the power to revoke the trust arrangement or change the name of the beneficiary
				  during the certification period;
(2) The trustee administering the funds is
				  either a court or an institution, corporation, or organization, not under the
				  direction or ownership of any household member, or an individual appointed by
				  the court who has court imposed limitations placed on the individual's use of
				  the funds which meet the requirement of this paragraph;
(3) The trust investments made on behalf of
				  the trust do not directly involve or assist any business or corporation under
				  the control, direction, or influence of a household member; and
(4) The funds held in irrevocable trust are
				  either:
(A) Established from a household's own
				  funds, if the trustee uses the funds solely to make investments on behalf of
				  the trust or to pay the educational or medical expenses of any person named by
				  the household creating the trust; or
(B) Established from nonhousehold funds by a
				  nonhousehold member.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 675 - ASSETS › Subchapter 5 - ASSETS TO BE CONSIDERED › Section 17-675-37 - Determining equity in any business for the financial assistance programs

Current through June, 2024
(a) Equity in a business shall be determined
				  by subtracting current liabilities from the current book value of the
				  assets.
(b) The department shall
				  exempt the following assets essential to the production of goods or services in
				  determining equity in a business:
(1) Stock
				  and inventory;
(2) Tools and
				  equipment; and
(3) Motor vehicles
				  required for use in the business.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 675 - ASSETS › Subchapter 6 - EVALUATION OF REAL PROPERTY › Section 17-675-43 - Equity value of real property

Current through June, 2024
(a) The equity
				  value of real property shall be determined by subtracting all encumbrances from
				  the fair market value.
(b) The
				  equity value of any real property not designated within this chapter to be
				  exempt shall be considered assets countable toward the family's or household's
				  personal reserve.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 675 - ASSETS › Subchapter 6 - EVALUATION OF REAL PROPERTY › Section 17-675-44 - Treatment of some special forms of ownership of real or personal property

Current through June, 2024
(a) The fair market value of the individual's
				  interest in property shall be determined on a case-by-case basis by considering
				  the following variables:
(1) Geographic
				  location;
(2) Land use (developed,
				  undeveloped, income-producing, etc.);
(3) Amenities (utility hookups, access to
				  public roads, etc.);
(4) Land
				  configuration (flag lot, landlocked, etc . );
(5) Marketability; and
(6) Type of ownership.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 675 - ASSETS › Subchapter 6 - EVALUATION OF REAL PROPERTY › Section 17-675-45 - Special provision for financial assistance programs - real property liens

Current through June, 2024
(a) The department
				  shall require a lien on real property not used as a home by the applicant or
				  recipient, pursuant to section
				  346-29.5,
				  H.R.S., when financial assistance is provided pursuant to section
				  17-675-28.
(b) The lien shall be for all amounts of
				  financial assistance provided to the family, subject to all the provision of
				  section
				  346-29.5,
				  HRS.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 675 - ASSETS › Subchapter 6 - EVALUATION OF REAL PROPERTY › Section 17-675-46 - Special provision for financial assistance programs - eligibility pending removal of legal impediments to ownership of real property

Current through June, 2024
(a) Financial assistance shall be provided to
				  an otherwise eligible individual or family while legal impediments to ownership
				  of real property not used as a home are being removed, on condition the
				  individual or family:
(1) Agrees, within
				  thirty days of the date the family is notified of the requirement, to execute a
				  lien on the property as required by paragraph (3) ;
(2) Submits a plan of action, within thirty
				  days of the date the family is notified of the requirement, to remove the legal
				  impediments to ownership of real property; and
(3) Executes the real property lien within
				  ninety days of the date the family is notified of the requirement.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 675 - ASSETS › Subchapter 6 - EVALUATION OF REAL PROPERTY › Section 17-675-46.01 - Special provisions for financial assistance programs only - temporary exemption of real property other than the home

Current through June, 2024
Real property not used as a family home may be exempted for
					 a period of six months during which the family is making a good faith effort to
					 sell subject to the following provisions:
(1) The family shall sign a written agreement
				  to sell the real property and to repay the amount of financial assistance
				  received during the six months that would have been paid had the real property
				  been sold at the beginning of the period;
(2) The family has five working days from the
				  date it realizes cash from the sale of the property to repay the overpayment;
				  and
(3) If the property was
				  intentionally sold at less than fair market value or if it is otherwise
				  determined that a good faith effort to sell the property is not being made, the
				  overpayment amount shall be computed using the fair market value determined at
				  the beginning of the conditional six-month eligibility period.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 675 - ASSETS › Subchapter 6 - EVALUATION OF REAL PROPERTY › Section 17-675-48 - Real property used as a home

Current through June, 2024
(a) Real property,
				  which is considered the home or usual place of residence of the applicant or
				  recipient family or household, is generally exempt from consideration as a
				  countable asset.
(b) For the
				  financial assistance programs, the exemption of home property is limited to the
				  parcel of land and a single structure, which is considered the usual residence
				  of the family. Any other structure or structures on the parcel of land are not
				  included in the home property exemption.
(1)
				  For the purposes of this subsection, whether an applicant or recipient is
				  living on or away from real property shall determine whether the real property
				  is to be considered home property or not, irrespective of the form of the
				  individual's interest such as a life tenant, remainderman, a buyer or seller
				  under an agreement of sale, settler or beneficiary under a trust, or any other
				  form of lesser or divided interest.
(2) Any interest in any real property owned
				  by an individual living in a domiciliary care home shall be considered as real
				  property not used as the family home.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 675 - ASSETS › Subchapter 6 - EVALUATION OF REAL PROPERTY › Section 17-675-49 - Special provision for the food stamp program - income producing property

Current through June, 2024
(a) For the food
				  stamp program, equity in real property which annually produces income
				  consistent with its fair market value, even if only used on a seasonal basis
				  are exempt assets.
(1) Property such as farm
				  land and rental home, except certain vacation homes, which is essential to the
				  employment or self-employment of a household member are exempt. Property
				  essential to the self-employment of a household member engaged in farming shall
				  continue to be excluded for one year from the date the household member stopped
				  farming.
(2) Rental homes which are
				  used by households for vacation purposes at some time during the year which
				  annually produces income consistent with the home's fair market value shall be
				  exempt. The equity value of a vacation home used part of the year by the
				  household which does not produce income consistent with the home's fair market
				  value shall be counted as part of the household's personal reserve.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 675 - ASSETS › Subchapter 7 - EVALUATION OF MOTOR VEHICLES › Section 17-675-55 - Evaluation of automobiles and treatment of the values in the financial assistance programs

Current through June, 2024
(a) For those
				  eligible for GA or AABD, one automobile owned by the individual shall be exempt
				  if it is:
(1) Necessary for
				  employment;
(2) Necessary for the
				  treatment of a specific or regular medical problem;
(3) Utilized to transport a disabled person;
				  or
(4) Necessary for daily
				  use.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 675 - ASSETS › Subchapter 7 - EVALUATION OF MOTOR VEHICLES › Section 17-675-57 - Exempt motor vehicles in the food stamp program

Current through June, 2024
(a) The
				  entire value of any licensed vehicle, including, but not limited to, a taxi,
				  tractor, or fishing boat, shall be totally exempt if the vehicle:
(1) Is used primarily (over fifty per cent of
				  the time the vehicle is used) for income producing purposes. Licensed vehicles
				  which have previously been used by a self-employed household member engaged in
				  farming but are no longer used over fifty percent of the time in farming
				  because of the termination of the member's self-employment from farming shall
				  continue to be excluded as a resource for one year from the date of termination
				  of the household member's self-employment from farming;
(2) Annually produces income consistent with
				  its fair market value, even if used only on a seasonal basis;
(3) Is necessary for long distance travel,
				  other than daily commuting, that is essential to the employment of a household
				  member (or an ineligible alien or disqualified person whose resources are being
				  considered available to the household). For example, the vehicle of a traveling
				  sales person or a household member who would be fired or not hired if a vehicle
				  could not be provided shall be exempted;
(4) Is necessary for subsistence, hunting, or
				  fishing, such as a snowmobile in the remote areas of Alaska;
(5) Is currently used as the household's
				  home;
(6) Is necessary to transport
				  a physically disabled household member (or an ineligible alien or disqualified
				  person whose resources are being considered available to the household)
				  regardless of the purpose of the transportation.
(A) One vehicle shall be excluded for each
				  physically disabled person.
(B) A
				  vehicle is excluded if the vehicle is specially equipped to meet the specific
				  needs of the disabled person or if the vehicle is a special type of vehicle
				  that makes it possible to transport the disabled person.
(C) The personal vehicle need not be
				  specially equipped or used for particular purposes.
(D) The vehicle need not be exclusively or
				  primarily used by the physically disabled household member since a vehicle may
				  be necessary for a physically disabled person even if other household members
				  also use the vehicle.
(E) A
				  household with a member who has a temporary physical disability is also
				  entitled to the resource exclusion of the value of a vehicle used to transport
				  the disabled member. If the disabled person loses the disability during the
				  certification period, the household shall be required to report the change in
				  circumstances; or
(7) Is
				  necessary to transport fuel for heating or water for home use when such
				  transported fuel or water is the primary source of fuel or water for the
				  household.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 675 - ASSETS › Subchapter 7 - EVALUATION OF MOTOR VEHICLES › Section 17-675-59 - Unlicensed vehicles in the food stamp program

Current through June, 2024
Unlicensed vehicles, unless exempt as described in section
					 17-675-57(a)
					 shall be evaluated for equity value. The equity value shall be attributed
					 toward the household's resource level. If an unlicensed vehicle is a "junker,"
					 not running, half the frame and parts not intact, etc., thus having no fair
					 market value, then the vehicle shall have no equity value and therefore, no
					 value as assets.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 675 - ASSETS › Subchapter 8 - DISPOSAL OF ASSETS › Section 17-675-65 - Disposal of assets for less than fair market value in financial assistance programs

Current through June, 2024
(a) Any applicant
				  who disposed of any assets valued at an aggregate of more than $5,000, for less
				  than fair market value, within the preceding twenty-four months shall be
				  ineligible for financial assistance if the applicant disposed of the assets for
				  the purpose of establishing eligibility for financial assistance.
(1) Any such disposal shall be presumed to be
				  for the purpose of establishing eligibility for financial assistance unless the
				  applicant proves by a preponderance of evidence that the transfer was for some
				  other purpose;
(2) The value of the
				  asset shall be the fair market value at time of disposal less the amount of
				  compensation received for the asset, if any; and
(3) The period of ineligibility shall be
				  determined by dividing the proceeds for the liquidated property that would have
				  been used to meet the applicant's needs by two hundred per cent of the
				  department's standard of assistance for the family in the month of application.
				  The standard of assistance shall be 62.5 per cent of the standard of need as
				  defined in section
				  17-678-4. The
				  period of ineligibility shall be not more than twenty-four months.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 675 - ASSETS › Subchapter 8 - DISPOSAL OF ASSETS › Section 17-675-67 - Disposal of assets for less than fair market value in the food stamp program

Current through June, 2024
(a) At the time of
				  application, households shall be asked to provide information regarding any
				  resources which any household members (or ineligible alien or disqualified
				  person whose resources are being considered available to the household) had
				  transferred, including, but not limited to, bank accounts, title on a car, a
				  trust, or property which is not producing income equal to the fair market
				  value, within the three-month period immediately preceding the date of
				  application. Households which have knowingly transferred resources for the
				  purpose of qualifying or attempting to qualify for food stamp benefits shall be
				  disqualified from participation in the ESP for up to one year from the date of
				  the discovery of the transfer. This disqualification period shall be applied if
				  the resources were transferred knowingly in the three-month period prior to
				  application or if the resources were transferred knowingly after the household
				  was determined eligible for benefits.
(b) Eligibility for the program shall not be
				  affected by the following transfers:
(1)
				  Resources which do not otherwise affect eligibility;
(2) The sale or trade of resources at or near
				  fair market value; and
(3)
				  Resources transferred between members of the same household (including
				  ineligible aliens or disqualified persons whose resources are being considered
				  available to the household) or transferred for reasons other than attempting to
				  qualify for ESP benefits.