reglab/statecodes huggingface dataset:
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 681 - ISSUANCE OF BENEFITS › Subchapter 5 - ELECTRONIC BENEFIT TRANSFER › Section 17-681-53 - EBT cards

Current through June, 2024
(a) EBT cards shall be used to access the EBT
				  cash account and EBT SNAP account.
(1) EBT
				  cards shall be issued to all recipient households.
(2) One EBT card shall be issued to the
				  primary payee and a second card may be issued to the alternate payee. Before a
				  second card is issued to an alternate payee, the primary payee shall provide a
				  written statement designating the name of the alternate payee and the program
				  accounts to which the alternate payee will have access. Program benefits to
				  which the household has authorized its alternate payee access shall not be
				  replaced if accessed by the alternate payee.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 681 - ISSUANCE OF BENEFITS › Subchapter 5 - ELECTRONIC BENEFIT TRANSFER › Section 17-681-54 - Delivery of benefits

Current through June, 2024
(a) Households will
				  have their monthly financial assistance, employment and child care payments,
				  and SNAP benefits available on a staggered basis up to the fifth calendar day
				  of each month. Financial and employment and child care assistance households
				  shall have the option of receiving their benefits either through the EBT system
				  or through a direct deposit into a designated financial institution
				  account.
(b) A newly approved
				  applicant household or a household whose financial or employment and child care
				  case is reopened in a new month shall have its cash benefits made available in
				  the EBT system no earlier than three working days after the case has been
				  approved in the HAWI or HANA systems if the application is processed in HAWI or
				  HANA before the last four work days of the month. Households whose cases are
				  reopened or whose applications are approved any time during the last four work
				  days of a calendar month will receive their first issued benefits no earlier
				  than three working days after the first work day of the next month. Newly
				  approved cash assistance households, who choose the direct deposit option, will
				  receive their initial benefits approximately three workdays later due to the
				  ACH process.
(c) Newly approved
				  SNAP applicant households or households whose SNAP case is reopened shall have
				  its SNAP benefits available the next calendar day after the benefits are
				  authorized in the HAWI system if the application is processed in HAWI before
				  the last four work days of the month. Households whose cases are reopened or
				  whose applications are approved any time during the last four work days of a
				  calendar month will receive their first issued benefits no earlier than the
				  next calendar day after the first work day of the next month.
(d) Financial assistance households, who meet
				  the expedited processing criteria for the financial assistance programs in
				  chapter
				  17-647,
				  shall have their benefits issued in accordance with the imprest fund issuance
				  procedures in section 17-681-9.
(e)
				  SNAP households, who meet the expedited service provisions in chapter
				  17-647,
				  shall have their emergency SNAP benefits issued through the EBT
				  system.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 681 - ISSUANCE OF BENEFITS › Subchapter 5 - ELECTRONIC BENEFIT TRANSFER › Section 17-681-56 - Expungement of benefits

Current through June, 2024
(a) For cash
				  assistance households, benefits shall be expunged after ninety days of no debit
				  activity.
(b) For SNAP households,
				  benefits shall be expunged after twelve months of no debit activity.
(c) Once an EBT account is expunged, the
				  household loses all rights to the balance amount that was remaining in the EBT
				  account.
(d) The department may use
				  the balance in the household's EBT account to offset any outstanding
				  overpayments still owed by the household. The funds that are used to offset any
				  outstanding overpayments are not refundable to the household.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 681 - ISSUANCE OF BENEFITS › Subchapter 5 - ELECTRONIC BENEFIT TRANSFER › Section 17-681-57 - Adjustments to EBT SNAP accounts

Current through June, 2024
(a) The department
				  shall make adjustments to an EBT SNAP account after the benefits have been made
				  available to the household to correct an auditable, out-of-balance settlement
				  condition that occurs during the redemption process as a result of a system
				  error. The adjustment may occur after the availability date and may result in
				  either a debit or credit to the household.
(1)
				  Client initiated adjustments shall be made no later than ten business days from
				  the date the household notifies the department of the error. Business days are
				  defined as calendar days other than Saturdays, Sundays and federal
				  holidays.
(2) The household has
				  ninety days from the date of the error to notify the department of the need for
				  an adjustment.
(3) Retailer
				  initiated adjustments shall be made no later than ten business days from the
				  date the error occurred.
(4) If
				  there are insufficient benefits remaining to cover the entire adjustment, the
				  full adjustment shall be attempted against only the household's next month's
				  benefits.
(5) The household shall
				  be given, at a minimum, an adequate notice as defined in chapter
				  17-649.
				  This notification shall be made no later than the date the action is initiated
				  against the household EBT account.
(6) The household shall have ninety days from
				  the date of the notice to request a fair hearing in accordance with chapter
				  16-602.1. Should the household dispute
				  the adjustment and a request is made within fifteen calendar days of the
				  notice, no further action shall be taken to debit the household's EBT account
				  until the fair hearing decision is rendered. If no fair hearing is requested
				  within fifteen calendar days, the adjustment shall be made to credit the
				  retailer's account.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 683 - UNDERPAYMENT, OVERPAYMENT, AND RECOVERY › Subchapter 2 - FINANCIAL ASSISTANCE UNDERPAYMENTS › Section 17-683-3 - Underpayments

Current through June, 2024
(a) Prompt action shall be taken to correct
				  any underpayments to currently eligible assistance units and to assistance
				  units which would have been eligible if an error had not occurred.
(b) If an assistance unit has both an
				  overpayment and an underpayment, the overpayment and underpayment shall be
				  offset one against the other in correcting the payment.
(c) Payments provided to the assistance unit
				  to correct the underpayment shall not be counted as income or asset in
				  determining continued eligibility and the amount of assistance in the month the
				  corrective payment is made and the following month.
(d) Corrective payments shall be made for any
				  underpayment due a former recipient when financial assistance is
				  restored.
(e) The rules specified
				  in this section are effective for underpayments which are identified subsequent
				  to:
(1) September 30, 1981, for the federally
				  funded categories of assistance, regardless of when the underpayment occurred;
				  and
(2) July 18, 1982, for the
				  state funded categories of assistance, regardless of when the underpayment
				  occurred.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 683 - UNDERPAYMENT, OVERPAYMENT, AND RECOVERY › Subchapter 3 - FOOD STAMP UNDERPAYMENTS › Section 17-683-9 - Accounting

Current through June, 2024
(a) Each branch shall be responsible for
				  maintaining an accounting system for documenting a household's entitlement to
				  restoration of lost benefits and for recording the balance of lost benefits
				  that shall be restored to the household.
(b) Each branch shall, at a minimum, document
				  how the amount to be restored was calculated and the reason lost benefits shall
				  be restored. The accounting system shall be designed to readily identify those
				  situations where a claim against a household shall be used to offset the amount
				  to be restored.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 683 - UNDERPAYMENT, OVERPAYMENT, AND RECOVERY › Subchapter 3 - FOOD STAMP UNDERPAYMENTS › Section 17-683-10 - Entitlement

Current through June, 2024
(a) The branch shall restore to the
				  household, benefits which were lost whenever the loss was caused by an error by
				  the department or by an administrative disqualification for intentional program
				  violation which was subsequently reversed as specified in section 17-683-17.
				  Benefits shall be restored for not more than twelve months prior to whichever
				  of the following occurred first:
(1) The
				  month the branch was notified by the household or by another person or agency
				  in writing or orally of the possible loss to that specific household;
(2) The month the branch discovers in the
				  course of business that a loss to a specific household has occurred;
				  or
(3) The date the household
				  requested a hearing to contest the adverse action which resulted in the
				  loss.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 683 - UNDERPAYMENT, OVERPAYMENT, AND RECOVERY › Subchapter 3 - FOOD STAMP UNDERPAYMENTS › Section 17-683-11 - Required branch action

Current through June, 2024
Once entitlement to restoration of lost benefits has been
					 determined by the branch, action shall be automatically taken to restore any
					 benefits that were lost. The branch shall notify the household of:
(1) Its entitlement to receive lost
				  benefits;
(2) The amount to be
				  restored;
(3) Any offsetting that
				  was done;
(4) The method of
				  restoration; and
(5) The right to
				  appeal through the hearing process if the household disagrees with any aspect
				  of the proposed lost benefit restoration.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 683 - UNDERPAYMENT, OVERPAYMENT, AND RECOVERY › Subchapter 3 - FOOD STAMP UNDERPAYMENTS › Section 17-683-12 - Disputed benefits

Current through June, 2024
(a) If the
				  household does not agree with the amount to be restored as calculated by the
				  branch or with any other action taken by the branch to restore lost benefits,
				  the household may request a fair hearing within ninety days of the date the
				  household is notified of its entitlement to restoration of lost
				  benefits.
(b) If a fair hearing is
				  requested prior to or during the time lost benefits are being restored, the
				  household shall receive the lost benefits as determined by the branch pending
				  the results of the fair hearing.
(c) If the fair hearing decision is favorable
				  to the household, the branch shall restore the lost benefits in accordance with
				  that decision.
(d) If a household
				  believes it is entitled to restoration of lost benefits but the branch, after
				  reviewing the case file, disagrees, the household shall have ninety days from
				  the date of branch determination to request a fair hearing.
(e) The branch shall restore lost benefits to
				  the household only if the fair hearing decision is favorable to the
				  household.
(f) Benefits lost more
				  than twelve months prior to the date the branch was initially informed of the
				  household's possible entitlement to lost benefits shall not be
				  restored.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 683 - UNDERPAYMENT, OVERPAYMENT, AND RECOVERY › Subchapter 3 - FOOD STAMP UNDERPAYMENTS › Section 17-683-13 - Computing the amount to be restored

Current through June, 2024
After correcting the loss for future months and excluding
					 those months for which benefits may have been lost prior to the twelve month
					 time limit described in section
					 17-683-10, the branch shall
					 calculate the amount to be restored as follows:
(1) If the error resulted in an incorrect
				  allotment when the household was eligible, the loss of benefits shall be
				  calculated only for the months in which the household participated. The amount
				  to be restored shall be the difference between the allotment the household
				  received and the correct allotment the household should have received;
				  or
(2) If the loss was caused by an
				  incorrect delay, denial, or termination of benefits, the months affected by the
				  loss shall be calculated as follows:
(A) If
				  an eligible household's application was erroneously denied, the month the loss
				  initially occurred shall be the month of application, or for an eligible
				  household filing a timely reapplication, the month following the expiration of
				  its certification period shall be the month the loss initially occurred;
				  or
(B) If an eligible household's
				  application was delayed, the months for which benefits may be lost shall be
				  calculated in accordance with procedures specified in chapter 17-647 for
				  determining whether the delay was caused by the household or by the branch;
				  or
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 683 - UNDERPAYMENT, OVERPAYMENT, AND RECOVERY › Subchapter 3 - FOOD STAMP UNDERPAYMENTS › Section 17-683-14 - Determination and calculation of benefits

Current through June, 2024
(a) For each month
				  affected by the loss, the branch shall determine if the household was actually
				  eligible. If eligibility cannot be determined by using the household's case
				  file, the branch shall advise the household of what information must be
				  provided to determine eligibility for these months. The household shall be
				  considered ineligible for any month for which eligibility cannot be
				  established.
(b) For the months the
				  household was eligible, the branch shall calculate the allotment the household
				  should have received. The difference between the actual allotment received, if
				  any, and the correct allotment shall be the amount to be restored.
(c) If a claim against a household is unpaid
				  or is held in suspense, the amount to be restored shall be offset against the
				  amount due on the claim before the balance, if any, is restored to the
				  household. At the time when the household is certified and receives an
				  initial-allotment, the initial allotment shall not be reduced to offset claims,
				  even if the initial allotment is paid retroactively.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 683 - UNDERPAYMENT, OVERPAYMENT, AND RECOVERY › Subchapter 3 - FOOD STAMP UNDERPAYMENTS › Section 17-683-15 - Method of payment

Current through June, 2024
(a) Regardless of
				  whether a household is currently eligible or ineligible, the branch shall
				  restore lost benefits to a household by issuing an allotment equal to the
				  amount of benefits that were lost. The amount restored shall be issued in
				  addition to the allotment currently eligible households are entitled to
				  receive.
(b) The branch shall honor
				  reasonable requests by a household to restore lost benefits in monthly
				  installments if, for example, the household fears the excess coupons may be
				  lost or stolen or the lost amount is more than the household may use in a
				  reasonable period of time.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 683 - UNDERPAYMENT, OVERPAYMENT, AND RECOVERY › Subchapter 3 - FOOD STAMP UNDERPAYMENTS › Section 17-683-16 - Household composition changes

Current through June, 2024
Whenever lost benefits are due a household and the
					 household's membership has changed, the branch shall restore the lost benefits
					 to the household in which the members are a majority of the individuals who
					 were household members at the time the loss occurred. If the branch cannot
					 locate or determine the household which contains a majority of the household
					 members the branch shall restore the lost benefits to the household in which
					 the individual who was head of the household at the time the loss occurred
					 resides.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 683 - UNDERPAYMENT, OVERPAYMENT, AND RECOVERY › Subchapter 3 - FOOD STAMP UNDERPAYMENTS › Section 17-683-17 - Restoring of benefits to individuals disqualified for intentional program violation

Current through June, 2024
(a) Individuals
				  disqualified for intentional program violation shall be entitled to restoration
				  of any benefits lost during the months the individuals were disqualified, not
				  to exceed twelve months prior to the date of branch notification, if the
				  decision which resulted in disqualification is subsequently overturned or
				  reversed by the court. For example, an individual would not be entitled to
				  restoration of lost benefits for the period of disqualification based solely on
				  the fact that a criminal conviction could not be obtained unless the individual
				  successfully challenged the disqualification period imposed by an
				  administrative disqualification in a separate court action.
(b) For each month the individual was
				  disqualified, not to exceed twelve months prior to branch notification, the
				  amount to be restored, if any, shall be determined by comparing the allotment
				  the household received with the allotment the household would have received had
				  the disqualified member been allowed to participate. If the household received
				  a smaller allotment than it should have received, the difference shall be equal
				  to the amount to be restored. Participation in an administrative
				  disqualification hearing in which the household contests the branch assertion
				  of intentional program violation shall be considered notification that the
				  household is requesting restored benefits.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 683 - UNDERPAYMENT, OVERPAYMENT, AND RECOVERY › Subchapter 4 - FINANCIAL ASSISTANCE OVERPAYMENTS AND RECOVERY › Section 17-683-23 - Overpayments

Current through June, 2024
(a) An overpayment made to individuals of an
				  assistance unit receiving financial assistance, including overpayment resulting
				  from aid paid pending hearing decisions, shall be recovered by reducing the
				  amount of any future financial assistance payable to the individuals of the
				  overpaid assistance unit including non-needy caretakers.
(1) Any cash refunds shall be collected and
				  computed in the total overpayment;
(2) The amount of the monthly financial
				  assistance payment payable to the assistance unit shall be reduced by ten per
				  cent of the family's standard of assistance to recover the
				  overpayment;
(3) The amount of
				  financial assistance payable to an assistance unit from the initial month of
				  application through the month the financial assistance payment is approved
				  shall be reduced in accordance with paragraph (2). The financial assistance
				  payable for the initial month of eligibility shall not be reduced when the
				  financial assistance payment is prorated.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 683 - UNDERPAYMENT, OVERPAYMENT, AND RECOVERY › Subchapter 4 - FINANCIAL ASSISTANCE OVERPAYMENTS AND RECOVERY › Section 17-683-24 - Overpayment recovery activities on closed cases

Current through June, 2024
(a) Recovery
				  of overpayments from individuals who are no longer receiving financial
				  assistance shall be made by appropriate action under state law against the
				  income and assets of any individual member of the overpaid assistance unit who
				  was included in the financial assistance grant including non-needy
				  caretakers.
(b) The department may
				  send periodic bills requesting payment for overpayments from individuals no
				  longer receiving financial assistance.
(c) In locating former recipients with
				  overpayments, the department shall use appropriate data sources such as state
				  automobile registration, state unemployment insurance files, and the social
				  security administration's, benefit date exchange (BENDEX).
(d) When the department determines that
				  reasonable efforts have been made to recover an overpayment and it is no longer
				  cost effective to continue collection activities, the department may
				  discontinue efforts to recover the overpayment. Reasonable efforts must include
				  notification of the amount of and reason for the overpayment and that repayment
				  is required.
(e) Recovery
				  activities shall not be suspended or waived by the department in cases
				  involving fraud, or where the court has ordered an individual to repay
				  overpayments to the department.
(f)
				  Any overpayment shall be recovered by reducing the amount of financial
				  assistance when the overpaid individual or a member of the overpaid unit
				  reapplies and is approved for financial assistance.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 683 - UNDERPAYMENT, OVERPAYMENT, AND RECOVERY › Subchapter 4 - FINANCIAL ASSISTANCE OVERPAYMENTS AND RECOVERY › Section 17-683-25 - Suspending recovery of financial assistance program overpayments

Current through June, 2024
The department may suspend collection action at any time
					 if it has documentation that the household cannot be located.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 683 - UNDERPAYMENT, OVERPAYMENT, AND RECOVERY › Subchapter 4 - FINANCIAL ASSISTANCE OVERPAYMENTS AND RECOVERY › Section 17-683-26 - Terminating recovery of overpayments

Current through June, 2024
A claim shall be determined uncollectible after it is held
					 in suspense for three years at which time the claim shall be considered a
					 terminated claim.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 683 - UNDERPAYMENT, OVERPAYMENT, AND RECOVERY › Subchapter 7 - FOOD STAMP OVERPAYMENTS AND RECOVERY › Section 17-683-53 - General

Current through June, 2024
(a) A claim is an amount owed because of:
(1) Benefits that are overpaid or
(2) Benefits that are trafficked. Trafficking
				  means:
(A) The buying or selling of coupons,
				  ATP cards or other benefit instruments for cash or consideration other than
				  eligible food; or
(B) The exchange
				  of firearms, ammunition, explosives, or controlled substances, as defined in
				  section 802 of title 21, United States Code, for coupons.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 683 - UNDERPAYMENT, OVERPAYMENT, AND RECOVERY › Subchapter 7 - FOOD STAMP OVERPAYMENTS AND RECOVERY › Section 17-683-54 - Types of claims

Current through June, 2024
There are three types of claims:
(a) An intentional program violation (IPV )
				  claim is any claim for an overpayment or trafficking resulting from an
				  individual committing an IPV.
(b)
				  An inadvertent household error (IHE) claim is any claim resulting from a
				  misunderstanding or unintended error on the part of the household.
(c) An agency error (AE) claim is any claim
				  for an overpayment caused by an action or failure to take action by the
				  branch.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 683 - UNDERPAYMENT, OVERPAYMENT, AND RECOVERY › Subchapter 7 - FOOD STAMP OVERPAYMENTS AND RECOVERY › Section 17-683-55 - Calculating the claim amount

Current through June, 2024
(a) For claims not
				  related to trafficking:
(1) The branch shall
				  calculate a claim back to at least twelve months before the date the
				  overpayment was discovered. For an IPV claim, the branch shall calculate a
				  claim back to the month the act of IPV occurred. For all claims, the branch
				  shall exclude any amounts that occurred more than seventy-two months before the
				  date the overpayment was discovered.
(2) The branch shall calculate the claim as
				  follows:
(A) Determine the correct amount of
				  benefits for each month that a household received an overpayment;
(B) If the claim is an IHE or IPV claim, do
				  not apply the earned income deduction to that part of any earned income that
				  the household failed to report in a timely manner when this act is the basis
				  for the claim;
(C) Subtract the
				  correct amount of benefits from the benefits actually received to determine the
				  amount of the overpayment; and
(D)
				  If aware of any EBT expunged benefits, reduce the overpayment amount by any EBT
				  benefits expunged from the household's EBT benefit account. The difference is
				  the amount of the claim.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 683 - UNDERPAYMENT, OVERPAYMENT, AND RECOVERY › Subchapter 7 - FOOD STAMP OVERPAYMENTS AND RECOVERY › Section 17-683-56 - Initiating collection action and managing claims

Current through June, 2024
(a) Subject
				  to subsections (b) and (c), the branch must begin collection action on all
				  claims.
(b) The branch shall not
				  establish and collect on a claim:
(1) If the
				  claim is less than $126; and
(2)
				  The household is not participating in the program.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 683 - UNDERPAYMENT, OVERPAYMENT, AND RECOVERY › Subchapter 7 - FOOD STAMP OVERPAYMENTS AND RECOVERY › Section 17-683-57 - Acceptable forms of payment

Current through June, 2024
Payment shall be made by:
(1) Reducing benefits before issuance. This
				  includes allotment reduction and offsets to restored benefits;
(2) Reducing benefits after issuance. These
				  are benefits from food stamp EBT accounts;
(3) Cash, checks or money orders;
(4) Paper food stamp coupons;
(5) Participating in the Treasury's offset
				  program (TOP); or
(6) Performing
				  public service. This form of -payment must be ordered by a court and
				  specifically be in lieu of paying any claim.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 683 - UNDERPAYMENT, OVERPAYMENT, AND RECOVERY › Subchapter 7 - FOOD STAMP OVERPAYMENTS AND RECOVERY › Section 17-683-58 - Collection methods

Current through June, 2024
(a) The branch
				  shall collect payments for any claim by reducing the amount of monthly benefits
				  that a household receives unless the claim is being collected at regular
				  intervals at a higher amount or another household is already having its
				  allotment reduced for the same claim.
(1) For
				  an IPV claim, limit the amount reduced to the greater of $20 or twenty per cent
				  of the household's monthly entitlement unless the household agrees to a higher
				  amount.
(2) For an IHE or AE claim,
				  limit the amount reduced to the greater of $10 or ten per cent of the
				  household's monthly allotment unless the household agrees to the higher
				  amount.
(3) The branch shall not
				  reduce the initial allotment when the household is first certified unless the
				  household agrees to the reduction.
(4) The department shall not use additional
				  involuntary collection methods against individuals in a household that is
				  already having its benefit reduced unless the additional payment is
				  voluntary.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 683 - UNDERPAYMENT, OVERPAYMENT, AND RECOVERY › Subchapter 7 - FOOD STAMP OVERPAYMENTS AND RECOVERY › Section 17-683-59 - Refunds for overpaid claims

Current through June, 2024
(a) The department
				  must provide a refund for any overpaid amount as soon as possible after the
				  department discovers the overpayment. The department shall pay by whatever
				  method the department deems appropriate considering the
				  circumstances.
(b) The household is
				  not entitled to a refund if the overpaid amount is attributed to an expunged
				  EBT benefit.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 683 - UNDERPAYMENT, OVERPAYMENT, AND RECOVERY › Subchapter 7 - FOOD STAMP OVERPAYMENTS AND RECOVERY › Section 17-683-60 - Interstate claims collection

Current through June, 2024
(a) Unless a
				  transfer occurs as outlined in subsection (b) the department shall be
				  responsible for initiating and continuing collection action on any food stamp
				  recipient claim regardless of whether the household remains in the
				  state.
(b) The department may
				  accept a claim from another state if the household with the claim moves into
				  the state. Once the department accepts this responsibility, the department is
				  responsible for future collection and reporting.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 683 - UNDERPAYMENT, OVERPAYMENT, AND RECOVERY › Subchapter 7 - FOOD STAMP OVERPAYMENTS AND RECOVERY › Section 17-683-61 - Bankruptcy

Current through June, 2024
The department may act on behalf of FNS in any bankruptcy
					 proceeding against a bankrupt household with outstanding recipient
					 claims.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 683 - UNDERPAYMENT, OVERPAYMENT, AND RECOVERY › Subchapter 7 - FOOD STAMP OVERPAYMENTS AND RECOVERY › Section 17-683-62 - Treasury's offset program

Current through June, 2024
(a) The department
				  shall refer to the Treasury Offset Program (TOP) all recipient claims that are
				  delinquent for 180 or more days. The department must certify that all claims to
				  be referred to TOP are 180 days delinquent and legally enforceable. The
				  department must refer these claims in accordance with the Food and Nutrition
				  Service (FNS) and the Department of the Treasury's (Treasury)
				  instructions.
(b) The department
				  must not refer claims to TOP that:
(1) The
				  debtor is a member of a participating household that is having its allotment
				  reduced to collect the claim; or
(2) Fall into any other category designated
				  by FNS as not referable to TOP.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 684.1 - FOOD STAMP WORK REQUIREMENTS › Subchapter 1 - GENERAL PROVISIONS › Section 17-684.1-1 - Purpose

Current through June, 2024
The purpose of this chapter is to establish the
					 requirements for work registration, participation of food stamp applicants and
					 recipients in the food stamp employment and training (E&T) program and the
					 sanctions for failure or refusal to participate.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 684.1 - FOOD STAMP WORK REQUIREMENTS › Subchapter 1 - GENERAL PROVISIONS › Section 17-684.1-2 - Definitions

Current through June, 2024
For the purposes of this chapter:
"Able-bodied adult without dependents" or "ABAWD" means an
					 adult age eighteen through forty-nine who is both physically and mentally fit
					 to work and who does not have minor dependents living in the household.
"Covered individuals" means a food stamp recipient, or an
					 individual denied eligibility for food stamp benefits solely due to paragraph 2
					 of the Food Stamp Act of 1997,
					 7 U.S.C.
					 §2015(FSA), who:
(1) Is not exempt from the work requirements under
					 paragraph 3 of the FSA;
(2) Does not reside in an area covered by a waiver granted
					 under paragraph 4 of the FSA;
(3) Is not fulfilling the work requirements of paragraph 2
					 of the FSA by working 20 hours a week averaged monthly, participating and
					 complying with the requirements of a work program for 20 hours or more per
					 week, participating in and complying with the requirements of a program under
					 section 20 or a comparative program established by a State or political
					 subdivision of a State;
(4) Is not receiving food stamp benefits during the 3
					 months of eligibility provided under paragraph 2 of the FSA; and
(5) Is not receiving food stamp benefits under paragraph 5
					 of the FSA.
"Department designee" means a public or private agency
					 with whom the department of human services has entered into a formal written
					 agreement to perform employment and training activities as outlined in the
					 agreement for a set period of time for a specified sum of money.
"Employment and Training" or "E&T" means the
					 employment and training program that is composed of components or services that
					 are designed to improve or increase a participant's employability and lead to
					 gainful employment.
"E&T component" means a work experience, work
					 training, educational or job search program that is designed to help food stamp
					 recipients move promptly into unsubsidized employment.
"E&T mandatory participant" means a food stamp program
					 applicant or recipient who is required to register for work and who the
					 department determines should not be exempt from participation in an employment
					 and training program.
"Gainful employment" means working for a minimum of thirty
					 hours a week or receiving weekly earnings equal to the federal minimum wage
					 multiplied by thirty hours.
"GED" means general educational development, which is
					 equivalent to the conclusion of a high school education for which a diploma is
					 given.
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 17-684.1-6 - Work requirements

Current through June, 2024
As a condition of eligibility for food stamps, each
					 household member not exempt under section
					 17-684.1-7, shall comply with the
					 following work requirements:
(1)
				  Register for work at the time of application and every twelve months after
				  initial registration;
(A) A household member
				  shall be considered to have registered when an identifiable work registration
				  form is submitted to a branch office.
(B) The member required to register need not
				  complete the registration form. Any household member or authorized
				  representative may complete the registration form on behalf of the required
				  member.
(C) If a household is
				  eligible for expedited service, as specified in section 17-647-42, the
				  applicant and those household members who must register for employment shall do
				  so prior to being certified under the expedited service criteria; provided that
				  the department shall postpone the registration of other household members if it
				  cannot be accomplished within the expedited service time frame.
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 17-684.1-7 - Exemptions from work registration requirement

Current through June, 2024
(a) The
				  department shall determine which household members are exempt from the work
				  registration requirement at the time of:
(1)
				  Initial certification;
(2)
				  Recertification;
(3) Change in
				  employment status for change reporting households as defined in chapter 17-650;
				  and
(4) At the six month report for
				  simplified reporting households as defined in chapter 17-650.
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 17-684.1-8 - Age exemption

Current through June, 2024
(a) The following
				  individuals shall be exempt from the work registration requirement based on
				  age:
(1) A person younger than sixteen years
				  of age;
(2) A person sixty years of
				  age or older; and
(3) A person age
				  sixteen or seventeen who is considered a dependent in the household.
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 17-684.1-9 - Caretaker exemption

Current through June, 2024
(a) A parent or
				  other household member who is responsible for the care of a dependent child
				  under six years of age, or an incapacitated person, shall be exempt from the
				  work registration requirement. The exemption shall apply even if the child or
				  incapacitated person:
(1) Is not a household
				  member for food stamp purposes; or
(2) Does not live with the food stamp
				  household.
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 17-684.1-10 - Unemployment compensation exemption

Current through June, 2024
(a) Persons
				  receiving unemployment insurance benefits (UIB) shall be exempt from the work
				  registration requirement.
(b) A
				  person who has applied for UIB, but who has not yet begun to receive UIB, shall
				  be exempt from the work registration requirement if the individual was required
				  to register for work with the state employment services.
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 17-684.1-11 - Physically or mentally unfit person exemption

Current through June, 2024
(a) A person
				  who is physically or mentally unfit for gainful employment, either permanently
				  or temporarily, shall be exempt from the work registration
				  requirement.
(b) A person receiving
				  any of the following benefits shall be considered exempt as a physically or
				  mentally unfit person:
(1) Supplemental
				  Security Income (SSI), Old Age Assistance (OAA), Aid to the Blind (AB), or Aid
				  to the Permanently and Totally Disabled (APTD);
(2) Disability payments under the Social
				  Security Act, U.S.C. 42 §§ 630-644, Retirement, Survivors, and
				  Disability Insurance; and
(3)
				  Worker's compensation.
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 17-684.1-12 - Drug or alcohol addiction treatment exemption

Current through June, 2024
(a) A
				  participant in a drug or alcohol addiction treatment and rehabilitation
				  program, either on a resident or nonresident basis, shall be exempt from the
				  work registration requirement.
(b)
				  Participation in a drug or alcohol addiction treatment and rehabilitation
				  program shall be verified through the organization or institution operating the
				  program.
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 17-684.1-13 - Student exemption

Current through June, 2024
(a) A student
				  enrolled at least half-time in any recognized school including a high school,
				  training program, or institution of higher education shall be exempt from the
				  work registration requirement, provided the student meets the eligibility
				  conditions in section 17-663-53. The student remains exempt during normal
				  periods of class attendance, vacation, and recess.
(b) A person not enrolled at least half-time
				  or who experiences a break in enrollment status due to graduation, expulsion,
				  suspension, or who drops out, or otherwise does not intend to return to school,
				  shall not be considered a student for the purpose of qualifying for this
				  exemption.
(c) When enrollment
				  information is questionable, the department shall check with the institution or
				  training program to determine if the student's hours meet the half-time
				  requirement.
(d) A person enrolled
				  in correspondence courses, where physical attendance is not regularly required,
				  shall not be exempt from the work registration requirement.
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 17-684.1-14 - Fulfilling a work requirement under Title IV of the Social Security Act exemption

Current through June, 2024
A household member subject to and complying with any work
					 requirement under Title IV of the Social Security Act, 42 U.S.C.
					 §§630 - 644, including referral to the First-to-Work (FTW) program,
					 shall be exempt from the work registration requirement.
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 17-684.1-15 - Employed person exemption

Current through June, 2024
(a) A person who is
				  employed and working a minimum of thirty hours weekly, or who receives weekly
				  earnings equal to the federal minimum wage multiplied by thirty hours, shall be
				  exempt from the work registration requirement.
(b) If a person claims to be exempt by reason
				  of employment, verification of the amount of income received from employment,
				  as set forth in chapter 17-676, shall be sufficient to establish the exemption.
				  If, under the general conditions prevailing in the community, the amount of
				  income is inconsistent with employment of thirty hours per week, and the
				  individual still claims to be employed, the applicant shall be required to
				  supply documentary evidence of:
(1) The
				  existence of an employee-employer relationship; and
(2) The number of hours worked equivalent to
				  thirty hours per week.
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 17-684.1-16 - Self-employed person exemption

Current through June, 2024
(a) A person who is
				  self-employed, and who works a minimum of thirty hours per week, or who
				  receives weekly gross earnings equal to the federal minimum wage multiplied by
				  thirty hours, shall be exempt from the work registration requirement.
(b) Verification of self-employment shall be
				  as follows:
(1) If a person claims to be
				  exempt by reason of self-employment, verification of the amount of income
				  received from self-employment shall be sufficient to establish the exemption,
				  provided the amount of income appears to be consistent with a conclusion of
				  full-time (thirty hours per week) employment; and
(2) If the reported income is not sufficient
				  to establish an exemption, and the number of hours worked a week is
				  questionable, the person shall cooperate with the department in establishing
				  that the volume of work claimed justifies a determination that the
				  self-employment enterprise is a full-time job for the purposes of this
				  exemption. The household shall cooperate in providing adequate documentation to
				  substantiate the claim.
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 17-684.1-17 - Termination of work registration exemption

Current through June, 2024
(a) A person losing
				  work registration exemption status due to any change in circumstances that is
				  subject to change reporting as specified in section 17-650-25, shall register
				  for employment when the change is reported. Changes in circumstances include,
				  but are not limited to:
(1) Loss of
				  employment or loss of UIB; or
(2)
				  Departure from the household of the sole dependent child, or death or
				  institutionalization of an incapacitated person.
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 17-684.1-18 - Department responsibilities

Current through June, 2024
(a) The department
				  shall register for work each household member who is determined not exempt
				  pursuant to sections 17-684.1-7 to 17-684.1-16.
(b) Upon determining that an applicant or a
				  household member is required to register, the department shall:
(1) Explain to the applicant:
(A) The pertinent work
				  requirements;
(B) The rights and
				  responsibilities of work registered household members; and
(C) The consequences of failure to
				  comply;
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 17-684.1-19 - Failure to comply with work requirements

Current through June, 2024
(a) A household
				  member who refuses or fails without good cause to comply with the requirements
				  of this chapter, shall be ineligible to participate in the food stamp
				  program.
(b) For applicant
				  households, the individual determined ineligible shall be denied food stamp
				  eligibility and shall be disqualified as follows:
(1) For the first violation, the individual
				  shall be ineligible until the later of:
(A)
				  The date the individual complies with the work requirement; or
(B) Thirty days from the date of
				  application.