Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 675 - ASSETS › Subchapter 4 - ASSETS TO BE EXEMPTED › Section 17-675-26 - Assets to be exempted

Current through June, 2024
(a) The following
				  assets shall be exempted from consideration in the individual or family
				  personal reserve:
(1) Basic maintenance items
				  of limited value essential to day-to-day living including but not limited to
				  clothing, furniture, stove, refrigerator, or washing machine;
(2) All or a portion of the equity or market
				  value of an automobile as described in subchapter
				  7;
(3) Any equity in the home which is the usual
				  residence of the individual, family, or household;
(4) The value of the food stamp payments
				  under the Food Stamp Act of 1977 (7 U.S.C. §§ 2011-2027);
(5) The value of the U. S. Department of
				  Agriculture donated foods (surplus commodities);
(6) Any payment received under Title II of
				  the Uniform Relocation Assistance and Real Property Acquisition Policies Act of
				  1970 (42 U.S.C. §§ 4601-4655);
(7) Payments distributed per capita to or
				  held in trust for a member of any Indian tribe under 25 U.S.C. §§
				  1179, 1261-1265, 1305, 1401-1407, 459-459e, and 1626 and Pub. L. No. 94-540.
				  Effective October 17, 1975, pursuant to Pub. L. No. 94-114, §6 (89 Stat.
				  577, 25 U.S.C.
				  459(e) receipts distributed
				  to members of certain Indian tribes which are referred to in Pub. L. No.
				  94-114, §5 (89 Stat. 577,
				  25
				  U.S.C. 459d);
(8) Certain Indian judgment funds, as
				  provided under Pub. L. No. 83-134, §7 and amended by Pub. L. No. 458,
				  §4 (25 U.S.C. §
												1407), including those funds:
(A) Held in trust by the Secretary of the
				  Interior (including interest and investment income accrued while such funds are
				  so held in trust); or
(B)
				  Distributed per capita to a household or member of an Indian tribe in
				  accordance with a plan prepared by the Secretary of the Interior and not
				  disapproved by a joint resolution of the Congress; and
(C) Initial purchases made with such funds.
				  This exclusion does not apply to the proceeds from the sale of initial
				  purchases or to funds or initial purchases which are inherited or
				  transferred;
(9) All
				  funds held in trust (including interest and investment income accrued while the
				  funds were held in trust) by the Secretary of the Interior for an Indian tribe,
				  distributed per capita to a household or member of an Indian tribe and initial
				  purchases made with such funds as provided by Pub. L. No. 98-64, §2 (25
				  U.S.C. § 1179). This exclusion does not apply to proceeds from the sale of
				  initial purchases, subsequent purchases made with funds derived from the sale
				  or conversion of initial purchases, or to funds or initial purchases which are
				  inherited or transferred;
(10) As
				  provided by Pub. L. No. 100-241, §15 (43 U.S.C. §
												1626), any of the following distributions
				  made to a household, an individual Native, or a descendant of a Native by a
				  Native Corporation established in accordance with the Alaska Native Claims
				  Settlement Act (Pub. L. No. 92-203 as amended):
(A) Cash distributions (including cash
				  dividends on stock from a Native Corporation) received by an individual to the
				  extent that such cash does not, in the aggregate, exceed $2,000 in a year. Cash
				  which, in the aggregate, is in excess of $2,000 in a year is not subject to the
				  above exclusion;
(B) Stock,
				  including stock issued or distributed by a Native Corporation as a dividend or
				  distribution of stock;
(C) A
				  partnership interest;
(D) Land or
				  an interest in land, including land or an interest in land received by a Native
				  Corporation as a dividend or distribution of stock; and
(E) An interest in a settlement
				  trust;
(11) Payments
				  made to volunteers under the Domestic Volunteer Service Act of 1973 (Volunteers
				  In Service to America (VISTA)), student volunteers enrolled in institutions of
				  higher education who participate in the University Year for Action (UYA)
				  program, foster grandparents, senior health aides, senior companions (42 U.S.C.
				  §§ 4951-5085) and under the Small Business Act (Service Corps of
				  Retired Executives (SCORE), and Active Corps of Executives (ACE) (15 U.S.C.
				  §
												637);
(12) Value of free school lunches, provided
				  under the Child Nutrition Act of 1966 and the National School Lunch program (42
				  U.S.C. §§ 1771-1789);
(13) Any meals provided to senior citizens,
				  such as congregate meals or home delivered meals funded by the Older Americans
				  Act of 1965 (42 U.S.C. §§ 3001-3057);
(14) Effective October 17, 1975, pursuant to
				  Pub. L. No. 94-114, §6 (89 Stat. 577,
				  25
				  U.S.C. §
												459e) receipts distributed to
				  members of certain Indian tribes which are referred to in Pub. L. No. 94-114,
				  §5 (89 Stat. 577,
				  25
				  U.S.C. §
												459d);
(15) Refunds of utility and rental deposits
				  paid by the department;
(16) Cash
				  payments to the assistance unit responsible for household bills by a nonunit
				  household member for his or her share of common household expenses;
(17) Restitution payments provided under the
				  Civil Liberties Act of 1988, Title I of Pub. L. No. 100-383, and the Aleutian
				  and Pribilof Islands Restitution Act, Title II of Pub. L. No.
				  100-383;
(18) Payments made from
				  the Agent Orange Settlement Fund or any other fund established pursuant to the
				  settlement in the In Re Agent Orange product liability litigation, M.D.L. No.
				  381 (E.D.N.Y.) effective to January 1, 1989;
(19) All student educational assistance
				  benefits, such as but not limited to, educational grants, loans, scholarships,
				  fellowships, and deferred student loans;
(20) Assistance payments received as a result
				  of a declared federal major disaster or emergency from the federal emergency
				  management agency (FEMA) and other comparable disaster assistance provided by
				  any state or local government agency or disaster assistance
				  organizations;
(21) Payments
				  received under the Radiation Exposure Compensation Act (Pub.
				  L. No. 101-426) to compensate individuals for
				  injuries or deaths resulting from the exposure to radiation from nuclear
				  testing or uranium mining;
(22)
				  Payments made to individuals because of their status as victims of Nazi
				  persecution (Pub.
				  L. 103-286);
(23) Payments made to a victim of a crime by
				  the Criminal Injuries Compensation Commission. If the compensation is kept in a
				  separate account and not commingled in an account with other non-excluded funds
				  it shall retain the exclusion for an unlimited period, even if interest is
				  accruing; and
(24) All funds held
				  in an individual development account (IDA) as defined in section
				  17-675-2.