676

676-1
HAWAII ADMINISTRATIVE RULES
TITLE 17
DEPARTMENT OF HUMAN SERVICES
SUBTITLE 6 BENEFIT, EMPLOYMENT AND SUPPORT SERVICES
DIVISION
CHAPTER 676
INCOME
Subchapter 1 General Provisions
§17-676-1 Purpose
§17-676-2 Definitions
Subchapter 2 Earned Income
§17-676-3 Wages
§17-676-4 Tips
§17-676-5 Dismissal and severance pay
§17-676-6 On-the-job-training (OJT) earnings
§17-676-7 Workforce Investment Act (WIA)
§17-676-8 Public service employment (PSE)
§17-676-9 In-kind income
§17-676-10 Earned income from self-employment
§17-676-11 Royalties
§17-676-12 Federal earned income tax credit
§17-676-13 Entitlements to military personnel
§§17-676-14 to 17-676-20 (Reserved)
Subchapter 3 Unearned income
§17-676-21 Social security benefits
§17-676-22 Veteran’s benefits
§17-676-23 Pension and retirement benefits
§17-676-24 Unemployment insurance benefits
§17-676-25 Supplemental security income benefits
§17-676-26 Worker’s compensation benefits

676-2
§17-676-27 Railroad retirement benefits
§17-676-28 Strike benefits
§17-676-29 Legal settlements, inheritance,
insurance settlements, and compensations
§17-676-30 Repealed
§17-676-31 Alimony
§17-676-32 Child support payments
§17-676-33 Regular cash contributions
§17-676-34 Lump sum benefits
§17-676-35 Assistance from other agencies and
organizations
§17-676-36 Financial assistance from another state
§17-676-37 Income of sponsor of an alien
§17-676-38 Other unearned income that are countable
for the food stamp program
§§17-676-39 to 17-676-43 (Reserved)
Subchapter 4 Availability of income for support
§17-676-44 Purpose
§17-676-45 Availability of income in the financial
assistance programs when relatives
live in the same household
§17-676-46 Repealed
§17-676-47 Availability of income in the food stamp
program
§§17-676-48 to 17-676-49 (Reserved)
Subchapter 5 Determining monthly income in the
financial assistance program and
food stamp programs
§17-676-50 Rounding off income
§17-676-51 Determining income prospectively for all
applicants and recipients
§17-676-52 Repealed
§17-676-53 Repealed
§17-676-54 Determining monthly net income for
financial assistance
§17-676-55 Earned income disregard reimbursement to

676-3
reward work in the AFDC program
§17-676-56 Determining met monthly income in the
food stamp program
§17-676-57 (Reserved)
Subchapter 6 Determining monthly income in the
medical assistance only program
§17-676-58 Repealed
§17-676-59 Repealed
§17-676-60 Repealed
§17-676-61 Repealed
§17-676-62 Repealed
§§17-676-63 to 17-676-66 (Reserved)
Subchapter 7 Food stamp program deductions and
expenses
§17-676-67 Repealed
§17-676-68 Repealed
§17-676-69 Repealed
§17-676-70 Repealed
§17-676-71 Averaging income and expenses
§17-676-72 Income deductions
§17-676-73 Standard utility allowance
§17-676-74 Determining deductions
Subchapter 8 Availability and verification of
income
§17-676-75 Availability and verification of income
in the financial assistance programs
§17-676-76 Availability and verification of income
in the food stamp program
§§17-676-77 to 17-676-79 (Reserved)
Subchapter 9 Disregarded income and income
exemptions in the financial
assistance programs

676-4
§17-676-80 Income exemptions in the financial
assistance programs
§§17-676-81 to 17-676-82 (Reserved)
Subchapter 10 Disregarded income and income
exemptions in the medical
assistance only programs
§17-676-83 Repealed
§17-676-84 Repealed
§17-676-85 Repealed
§§17-676-86 to 17-676-87 (Reserved)
Subchapter 11 Disregarded income and income
exemptions in the food stamp
program
§17-676-88 Income exclusions
§17-676-89 Vendor payments
§17-676-90 Other types of excluded income
§17-676-91 Income excluded by law
§17-676-92 Payments not considered income
§17-676-93 Reimbursements
§17-676-94 Repealed
§17-676-95 Moneys received for third parties
§17-676-96 Earnings of minors
Historical Note: This chapter is based substantially
upon Subchapter 2 [Eff 7/19/82; am 11/16/82; am
6/30/83; am 11/12/83; am 12/24/84; am 9/29/86; am
5/2/87; am 8/15/87; am 6/12/90; R 3/19/93] and
Subchapter 3 [Eff 7/19/82; am 11/16/82; am 12/19/83;
am 12/24/84; am 8/29/85; am 9/29/86; am 8/15/87; am
6/12/90; R 3/19/93] of Chapter 17-621; §17-744-6 [Eff
7/19/82; am 8/23/84; am 12/21/84; am 9/7/85; am
10/23/87; am 2/22/88; am 6/11/88; am 6/12/90; am

17-676-2
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10/4/90; am 5/6/91; R 3/19/93], §17-744-7 [Eff
7/19/82; am 8/20/83; am 8/23/84; am 6/18/87; am
2/22/88; am 1/1/90; R 3/19/93], §17-744-7.1 [Eff
2/22/88; R 3/19/93], and §17-744-7.2 [Eff 2/22/88; R
3/19/93] of Chapter 17-744; Subchapter 2 [Eff 7/19/82;
am 10/02/82; am 11/29/82; am 4/1/83; am 7/5/83; am
1/19/84; am 5/18/85; am 7/1/86; am 8/8/86; am 9/2/86;
am 12/27/86; am 3/12/87; am 5/28/87; am 8/31/87; am
1/21/88; am 4/28/88; am 6/27/88; am 10/31/88; am
12/10/88; am 5/4/89; am 7/24/89; am 9/1/89; am
10/19/89; am 8/25/90; R 3/19/93] of Chapter 17-717.
SUBCHAPTER 1
GENERAL PROVISIONS
§17-676-1 Purpose. This chapter identifies and
describes the types of income which shall be
considered in determining an individual’s or family’s
eligibility and amount of benefits from the financial
assistance and food stamp programs. [Eff 3/19/93; am
8/1/94; am and comp 11/09/06] (Auth: HRS §346-53)
(Imp: HRS §346-53; 45 C.F.R. §233.20)
§17-676-2 Definitions. As used in this chapter:
“Dependent care deduction” means an amount, not
to exceed the established maximum, that is deducted
from the earned income of a household member who is
entitled to receive earned income disregards as
specified in this chapter, for the care of an
incapacitated adult who is living in the same
household and receiving financial assistance.
“Domestic violence victim” means an individual
who has been battered or otherwise subjected to
extreme cruelty. Acts which constitute domestic
violence include but are not limited to the following:
(1) Physical acts that resulted in, or threatened
to result in, physical injury;
(2) Sexual abuse;

§17-676-2
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(3) Sexual activity involving a dependent child;
(4) Nonconsensual sexual acts;
(5) Threats of, attempts at, physical or sexual
abuse;
(6) Mental or emotional abuse;
(7) Medical care deprivation or neglect; or
(8) Stalking.
“Earned income” means cash received or available
to be received by the family which require some
activity on the part of the family to produce.
Examples of earned income include, but shall not be
limited to, wages, jury duty income excluding
reimbursement for transportation and meals; and self-
employment income from the sale of blood, blood
plasma, and parts of the body.
“Earned income disregard” means the portion of an
individual’s earned income which the department shall
not budget or consider in determining the amount of
financial assistance payment.
“Full-time employed” means an individual:
(1) In the financial assistance program who is
employed a minimum of thirty two hours a
week or one hundred thirty eight hours a
month;
(2) In the food stamp program, who is employed
or self-employed and working a minimum of
thirty hours weekly or receiving weekly
earnings equal to the federal minimum wage
multiplied by 30 hours.
“Lump sum income" means income received or
available to be received by an individual that would
not normally be repeated. For financial assistance
only, lump sum income may be paid in one or several
payments, provided there is a set amount owed to the
individual, the purpose of the payments is to
liquidate the amount owed, and the payments are never
intended to be of a continuous nature. Examples of
lump sum income include but shall not be limited to
annual tax refunds defined as income, retroactive

§17-676-3
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social security benefits, retroactive earned income,
insurance settlements, or intermittent income.
“Student” means a child:
(1) In the financial assistance programs, under
age nineteen enrolled in a public or private
elementary, secondary school, or in a
program of an equivalent level of vocational
or technical training, and a child under
eighteen years of age attending a post
secondary institute, such as a college,
vocational school, or technical trade
institute;
(2) In the food stamp program, under age
eighteen who is enrolled at least half-time
in any recognized school.
“Unearned income” means cash received or
available to be received by the family which are not
classified as earned income.
“Work participation requirements” means the
mandatory work requirements of section 407 of the
Social Security Act, 42 U.S.C. §607. [Eff 3/19/93; am
8/1/94; am 7/16/99; am 01/22/02; am 9/18/06; am and
comp 11/09/06] (Auth: HRS §346-53) (Imp: HRS §§346-
53, 346-71; 45 C.F.R. §§233.20, 233.90)
SUBCHAPTER 2
EARNED INCOME
§17-676-3 Wages. All moneys received as wages
shall be counted as earned income. All sick leave
pay, temporary disability benefits (TDI) due to non
work related illness, vacation pay, holiday pay,
funeral pay, cost of living allowance (COLA), and
birthday pay shall be counted as earned income. [Eff
3/19/93; am 8/18/94; am 1/30/95; comp 11/09/06] (Auth:
HRS §346-53) (Imp: 7 C.F.R §273.9(b); 45 C.F.R.
§233.20; HRS §346-14)

§17-676-4
676-8
§17-676-4 Tips. All tips shall be counted as
earned income. [Eff 3/19/93; comp 11/09/06] (Auth:
HRS §346-53) (Imp: 7 C.F.R. §273.9(b); 45 C.F.R.
§233.20; HRS §§346-14, 346-29)
§17-676-5 Dismissal and severance pay.
Dismissal and severance pay shall be counted as earned
income. [Eff 3/19/93; comp 11/09/06] (Auth: HRS §346-
53) (Imp: 7 C.F.R. §273.9(b); 45 C.F.R. §233.20; HRS
§§346-14, 346-29)
§17-676-6 On-the-job-training (OJT) earnings.
All wages received from any on-the-job training
program shall be counted as earned income. [Eff
3/19/93; comp 11/09/06] (Auth: HRS §346-53) (Imp: 7
C.F.R. §273.9(b); 45 C.F.R. §233.20; HRS §§346-14,
346-29)
§17-676-7 Workforce Investment Act (WIA). All
wages received from funds under the Workforce
Investment Act of 1998 shall be counted as earned
income unless exempt under subchapters 9, or 11. [Eff
3/19/93; am and comp 11/09/06] (Auth: HRS §346-53)
(Imp: 7 C.F.R. §273.9(b); 45 C.F.R. §233.20; HRS
§§346-14, 346-29)
§17-676-8 Public service employment (PSE). All
wages received from public service employment shall be
counted as earned income. [Eff 3/19/93; am 9/01/94;
am 7/16/99; comp 11/09/06] (Auth: HRS §346-53) (Imp:
7 C.F.R. §273.9(b); 45 C.F.R. §233.20; HRS §§346-14,
346-53)

§17-676-10
676-9
§17-676-9 In-kind income. (a) In-kind income
is any gain or benefit, not in the form of money, paid
to an individual and includes perquisites, such as
meals, food, shelter, utilities and medical insurance.
(b) For the financial assistance programs, in-
kind income shall not be counted as income if the
employee does not have the option of obtaining a cash
wage in exchange for the perquisite, or if the
employer does not report the value of the perquisite
as wages on the employees pay statement. The
individual whose perquisite is not counted as income
shall not be eligible to have the value of the
perquisite included in the individual’s standard of
assistance.
(c) For the food stamp program, in-kind income
shall not be considered countable income. [Eff
3/19/93; am 8/01/94; comp 11/09/06] (Auth: HRS §346-
53) (Imp: 7 C.F.R. §273.9(b); 45 C.F.R. §233.20; HRS
§§346-14, 346-29)
§17-676-10 Earned income from self-employment.
(a) Income from self-employment shall be determined
by deducting from the amount received from the sale of
goods or services, those expenses directly related to
producing the goods or services. However, items such
as depreciation, personal expenses, meals, and
personal transportation shall not be deducted as
business expenses.
(b) A business expense shall be an allowable
deduction from monthly gross self-employment income
only if verified.
(c) A self-employed person shall:
(1) Sell a service or product for a profit;
(2) Be independently responsible for obtaining
or providing a service or product;
(3) Have independent costs and expenses
necessary to provide a service or product;
(4) Determine independently the manner, method,
and process of business operations; or

§17-676-10
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(5) Have success or failure of the business
operation depend upon the efforts of the
business.
(d) Persons who do not meet the self-employment
requirements specified in subsection (c), shall have
the monthly gross income from the work activity
counted as the monthly earned income. [Eff 3/19/93;
am 08/01/94; am 9/26/97; am 11/19/05; am and comp
11/09/06] (Auth: HRS §346-53) (Imp: 7 C.F.R.
§273.9(b); 45 C.F.R. §233.20)
§17-676-11 Royalties. (a) Royalties shall be
counted as earned income in the financial assistance
programs.
(b) In the food stamp program, royalties are
considered unearned income. [Eff 3/19/93; am
08/01/94; comp 11/09/06] (Auth: HRS §346-53) (Imp: 7
C.F.R. §273.9(b); 45 C.F.R. §233.20; HRS §§346-14,
346-29)
§17-676-12 Federal earned income tax credit.
Federal earned income tax credit payments shall not be
considered earned income in the financial assistance
and food stamp programs. [Eff 3/19/93; am 08/01/94;
comp 11/09/06] (Auth: HRS §346-53) (Imp: HRS §§346-
14, 346-29; 7 C.F.R. §273.9; 45 C.F.R. §233.20)
§17-676-13 Entitlements to military personnel.
The following are allowances available to military
personnel on active duty:
(1) Basic allowance for housing, often referred
to as quarters allowance, paid to military
personnel who are residing in government
quarters or in off base housing. This
benefit is shown under the entitlements
section of the leave and earnings statement

§17-676-13.1
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as BAH. Basic allowance for housing (BAH)
is considered earned income.
(2) Basic allowance for subsistence, often
referred to as separate rations, paid to
military personnel who do not have all meals
at the military mess halls because the
military personnel are living in nongovern-
ment quarters or do not have access to a
military mess hall. This allowance is shown
on the leave and earnings statement under
the entitlements section as BAS. The basic
allowance for subsistence (BAS) is counted
as earned income.
(3) Clothing maintenance allowance often
referred to as clothing allowance. This
allowance is shown on the leave and earnings
statement under the entitlements section as
CMA. The clothing maintenance allowance is
considered an excluded reimbursement in
accordance with section 17-676-80 for the
financial assistance programs and section
17-676-93 for the food stamp program. [Eff
3/19/93; am 08/01/94; am and comp
11/09/06] (Auth: HRS §346-53) (Imp: 7
C.F.R. §273.9(b) and (c); 45 C.F.R. §233.20;
HRS §§346-14, 346-29)
§17-676-13.1 Worker’s compensation benefits and
temporary disability insurance benefits as earned
income. (a) Temporary disability insurance benefits
shall be counted as earned income if they are employer
funded and made to individuals who continue to be
considered employees of the company.
(b) Worker’s compensation benefits shall be
counted as earned income for financial assistance if
they are employer funded and made to individuals who
continue to be considered employees of the company.
[Eff 1/30/95, comp 11/09/06] (Auth: HRS §346-53)
(Imp: HRS §346-39; 7 C.F.R. §233.9(b); 45 C.F.R.
§233.20)

§17-676-14
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§17-676-14 Other earned income that are
countable for the food stamp program. Other earned
income considered countable for the food stamp
household shall include:
(1) Wage advances at the time received and shall
be excluded when deducted from the wages;
(2) Payments from a roomer or boarder. These
payments shall also be considered self-
employment income for allowing both the cost
of doing business and the earned income
deduction;
(3) That portion of the cash compensation a
household receives for providing meals to
the individual that exceeds the cost of
producing the meals. Persons who receive
meals but not lodging shall not be
considered boarders;
(4) Wages earned by a household member that are
garnished or diverted by an employer, and
paid to a third party for a household’s
expenses, such as rent. However, if the
employer pays a household’s rent directly to
the landlord in addition to paying the
household its regular wages the rent payment
shall be excluded as a vendor payment. In
addition, if the employer provides housing
to an employee, the value of the housing
shall not be counted as income;
(5) The earned income of an individual
disqualified from the household for
intentional program violation or for failure
to comply with the work registration or
employment and training requirements;
(6) The earned income of an individual
disqualified from the household for failing
to comply with the requirement to provide an
SSN or for being an ineligible alien, less
the prorata share for the individual;
(7) Payments under Title I (VISTA, University
Year for Action, etc.) of the Domestic
Volunteer Service Act of 1973, excluding

§17-676-21
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payments made to those households specified
in section 17-676-91(5); and
(8) Residuals based upon a contractual agreement
where payments are made to the performer or
writer for each rerun after an initial
showing are considered a deferred commission
based on work performed; and
(9) Profit sharing payments shall be treated as
earned income if the individual is still
employed at the time of the profit sharing
payment and the payment is made by the same
employer. If the individual receives the
profit sharing payment after terminating
employment from the employer funding the
profit sharing payment and the individual
receives the payment on a regular or
periodic basis, then the income shall be
counted as unearned income. [Eff 4/7/94; am
2/10/97; comp 11/09/06] (Auth: HRS §346-14)
(Imp: 7 C.F.R. §273.9(b))
§§17-676-15 to 17-676-20 (Reserved).
SUBCHAPTER 3
UNEARNED INCOME
§17-676-21 Social security benefits. (a) All
social security benefits, shall be counted as unearned
income. Social Security benefits may include, but are
not limited to:
(1) Retirement benefits at age sixty-two;
(2) Disability benefits to individuals who are
unable to work because of physical or mental
handicaps;
(3) Survivor’s benefits to the spouse of a
deceased wage earner; or

§17-676-21
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(4) Children’s benefits to children of a
deceased or disabled parent.
(b) In the financial assistance programs, the
amount of social security benefits actually received,
which may reflect recoupments, shall be the countable
benefit amount. Medicare premium deductions, even if
actually deducted from the payment, shall be
considered countable income.
(c) In the food stamp program, the Social
Security benefits, prior to any deductions for
Medicare premiums, garnishments, or voluntary
withholdings, shall be considered countable income.
Any benefits withheld due to recoupment for an
overpayment of social security benefits shall be
excluded. [Eff 3/19/93; am 08/01/94; am and comp
11/09/06] (Auth: HRS §346-53) (Imp: HRS §346-29; 7
C.F.R. §273.9(b); 45 C.F.R. §233.20)
§17-676-22 Veteran’s benefits. (a) All
veteran’s benefits, except as specified in subsection
(b), prior to any deductions, shall be counted as
unearned income.
(1) Benefits may be available to individuals who
served in the Army, Navy, Marine Corps,
Coast Guard, or Air Force.
(2) Dependents and survivors of veterans may
also be eligible for veteran’s benefits.
(3) Some of the benefits available are service
connected disability pensions, nonservice
connected pensions, retirement benefits for
veterans with twenty or more years of
service, survivor’s benefits to parents or
children of a deceased veteran, and aid and
attendance benefits to totally disabled
veterans.
(b) Veteran’s educational benefits are exempt
income as specified in section 17-676-80 for the
financial assistance programs and section 17-676-91
for the food stamp program. [Eff 3/19/93; am 3/19/94;
am 8/1/94; am 01/22/02; am and comp 11/09/06]

§17-676-24
676-15
(Auth: HRS §346-53) (Imp: HRS §346-29; 7 C.F.R.
§273.9(b); 45 C.F.R. §233.20)
§17-676-23 Pension and retirement benefits. (a)
All pension and retirement benefits shall be counted
as unearned income.
(1) In the financial assistance programs,
pensions and retirement benefits after any
FICA, federal, and state income taxes are
withheld, are considered countable net
income. The equity in a retirement plan
shall not be considered available when the
individual is employed and unable to
withdraw or make the money available during
the individual’s term of employment.
(2) In the food stamp program, pension and
retirement benefits, prior to any
deductions, are considered countable income.
The cash value of pension plans or funds
shall be treated as specified in section 17-
675-29.
(b) Pensions may be administered by the federal
government, state government, city government, unions,
private corporations, or trust companies.
(c) Children and spouses of the retired employee
may also be eligible for pension benefits. [Eff
3/19/93; am 8/1/94; am 2/10/97; am 7/16/99; comp
11/09/06] (Auth: HRS §346-53) (Imp: HRS §346-29; 7
C.F.R §273.9(b); 45 C.F.R. §233.20)
§17-676-24 Unemployment insurance benefits. (a)
All unemployment insurance benefits shall be counted
as unearned income. Unemployment insurance benefits
may be available to any individual who has worked in
covered employment.
(b) For the financial assistance programs, the
amount withheld from unemployment insurance benefit
payments to recover overpayments or to pay child

§17-676-24
676-16
support obligations shall not be considered countable
income. [Eff 3/19/93; am 8/1/94; am 4/1/96; comp
11/09/06] (Auth: HRS §346-53) (Imp: HRS §346-29; 7
C.F.R. §273.9(b); 45 C.F.R. §233.20)
§17-676-25 Supplemental security income
benefits. (a) For the State-ABD and the General
Assistance programs, supplemental security income
(SSI) benefits shall be counted as unearned income as
follows:
(1) Medicare premium deductions, even if
actually deducted from the payment, shall be
included in the countable benefit amount.
(2) The amount of the SSI benefits actually
received, except as specified in paragraph
(1), which may reflect recoupments, shall be
the countable benefit amount.
(b) For the AFDC program, SSI benefits of an
individual excluded as specified in section 17-656.1-
17, shall not be counted as income in determining
eligibility or the amount of assistance for the
remaining household members.
(c) For the food stamp program, the SSI
benefits, after deductions for recoupment, shall be
countable unearned income. [Eff 3/19/93; am 8/1/94;
am 9/26/97; am 7/16/99; am 11/19/05; am and comp
11/09/06] (Auth: HRS §346-53) (Imp: HRS §346-29; 7
C.F.R. §273.9(b); 45 C.F.R. §233.20)
§17-676-26 Worker’s compensation benefits and
temporary disability insurance benefits as unearned
income. (a) In the food stamp program, all worker’s
compensation benefits prior to any deductions, shall
be counted as unearned income in determining
eligibility and benefits.
(b) In the financial assistance program,
worker’s compensation benefits shall be counted as
unearned income if not employer funded or if the

§17-676-29
676-17
recipient of the benefits is no longer considered an
employee of the company.
(c) For financial assistance and food stamp
programs, temporary disability insurance benefits
shall be counted as unearned income if not employer
funded or the recipient of the benefit is no longer
considered an employee of the company. [Eff 3/19/93;
am 3/14/94; am 1/30/95; comp 11/09/06] (Auth: HRS
§346-53) (Imp: HRS §346-29; 7 C.F.R. §273.9(b); 45
C.F.R. §233.20)
§17-676-27 Railroad retirement benefits. (a)
All railroad retirement benefits shall be counted as
unearned income. This benefit may be available to any
person who worked for a United States railroad
company.
(b) Railroad retirement benefits, prior to any
deductions, are considered countable income in the
financial assistance and food stamp programs. [Eff
3/19/93; am 8/1/94; comp 11/09/06] (Auth: HRS §346-
53) (Imp: HRS §346-29; 7 C.F.R. §273.9; 45 C.F.R.
§233.20)
§17-676-28 Strike benefits. (a) Cash received
by a family on strike shall be counted as unearned
income.
(b) In the financial assistance and food stamp
program, strike benefits, prior to any deduction, are
generally considered countable unearned income. [Eff
3/19/93; am 08/01/94; comp 11/09/06] (Auth: HRS §346-
53) (Imp: HRS §346-29; 7 C.F.R. §273.9(b); 45 C.F.R.
§233.20)
§17-676-29 Legal settlements, inheritance,
insurance settlements, and compensations. (a) Money
received to settle any insurance, legal, or inheri-
tance claim shall be counted as unearned income for
the financial assistance programs. For the food stamp

§17-676-29
676-18
program, money received in such settlements are
counted as income if received in multiple payments and
as assets if received in a lump sum.
(b) Personal injury awards and compensation for
pain and suffering shall be counted as unearned income
for the financial assistance programs. Money from
such awards and compensation are counted as assets for
the food stamp program.
(c) Any expense paid which is related to the
settlement or award shall be deducted from the total
settlement or award.
(1) Examples of allowable expense deductions
include, but shall not be limited to, legal
fees, medical payments, motor vehicle
replacement, or replacement of personal
property damaged or lost; and
(2) The individual shall be required to submit
verification of the paid expense within
thirty days from the date the settlement is
received to receive a deduction for the
expense. [Eff 3/19/93; am 8/1/94; am
01/22/02; comp 11/09/06] (Auth: HRS §346-
53) (Imp: HRS §346-29; 7 C.F.R. §273.9(b);
45 C.F.R. §233.20)
§17-676-30 Repealed. [R 7/16/99]
§17-676-31 Alimony. All alimony payments shall
be counted as unearned income for the financial
assistance and food stamp programs. [Eff 3/19/93; am
8/1/94; comp 11/09/06] (Auth: HRS §346-53) (Imp: HRS
§346-29; 7 C.F.R. §273.9(b); 45 C.F.R. §233.20)
§17-676-32 Child support payments. (a) Child
support payments shall be considered unearned income
for the financial assistance and food stamp programs.

§17-676-33
676-19
(b) In the financial assistance program, the
child support payments received by the family from the
month of application through the month the first
payment is authorized shall be considered unearned
income in determining the amount of the financial
assistance payment.
(c) In the financial assistance program, the
child support payments received by the family in
subsequent months shall be paid to the department and
shall not be considered in determining the amount of
the financial assistance payment.
(d) In the financial assistance program, the
child support payments received directly by the
department shall not be considered in determining the
amount of the financial assistance payment.
(e) In the financial assistance program, the
department shall budget the child support payments
that the family fails to pay to the department as
required in subsection (c) and shall recover any
overpayments.
(f) The amounts collected as support by the IV-D
agency for children and the parents of such children
who are current recipients of financial assistance and
for whom an assignment under chapter 17-656 is
effective shall be retained by the State to reimburse,
in whole or in part, the assistance payment for the
month in which the support was collected or the next
month. [Eff 3/19/93; am 8/01/94; am 12/15/95; am
1/25/97; comp 11/09/06] (Auth: HRS §346-53) (Imp:
HRS §346-29; 45 C.F.R. §§233.20, 302.51;
Administration for Children and Families - Department
of Human Services)
§17-676-33 Regular cash contributions. All
regular cash contributions shall be counted as
unearned income in the financial assistance and food
stamp programs. [Eff 3/19/93; am 3/19/94; am 8/01/94;
comp 11/09/06] (Auth: HRS §346-53) (Imp: HRS §346-29;
7 C.F.R. §273.9; 45 C.F.R. §233.20)

§17-676-34
676-20
§17-676-34 Lump sum benefits. Any other lump
sum cash benefit, which is not considered to be earned
income and not exempt in subchapters 9 and 11, shall
be counted as unearned income. [Eff 3/19/93; am
8/01/94; comp 11/09/06] (Auth: HRS §346-53) (Imp:
§346-29; 7 C.F.R. §273.9; 45 C.F.R. §233.20)
§17-676-35 Assistance from other agencies and
organizations. (a) Assistance provided by any public
or private agency shall not be counted as income for
financial assistance if no duplication exists between
such other assistance and that provided by the
department. Non-duplication of assistance shall be
assured by:
(1) The different purpose for which the other
agency grants aid such as vocational
rehabilitation;
(2) The provision of goods and services that are
not included in the department’s standard of
assistance; or
(3) For the financial assistance program, the
provision of supplemental payments that do
not exceed the difference between the
standard of need and the standard of
assistance.
(b) In the food stamp program, unearned income
shall include:
(1) Assistance payments from federal, federally
aided, or state financial assistance
programs including:
(A) Supplemental security income (SSI);
(B) Aid to families with dependent children
(AFDC);
(C) General assistance (GA);
(D) Work transition program;
(E) Other assistance programs based on
need, including state loans to SSI
applicants; and
(F) Assistance payments from programs which
require, as a condition of eligibility,

§17-676-36
676-21
the actual performance of work without
compensation other than the assistance
payments themselves, such as the
temporary labor force program. Such
assistance shall be considered unearned
income even if provided in the form of
a vendor payment, unless the vendor
payment is exempt from consideration as
countable income as specified in
section 17-676-89;
(2) All or part of a financial assistance grant
which would normally be provided in a money
payment to the household, but which is
diverted to third parties or to a protective
payee for purposes such as managing a
household’s expenses, unless specifically
excluded in section 17-676-89. However,
payments by the department that would not
normally be provided in a money payment to
the household, that are above normal
financial assistance grants, shall be
excluded as a vendor payment if the payments
are made directly to a third party for a
household expense. This rule shall apply
even if the household has the option of
receiving a direct cash payment;
(3) Payments from government sponsored programs
such as agriculture stabilization and
conservation service programs, dividends,
interest, royalties, and all other direct
money payments from any source which may be
construed to be a gain or benefit. [Eff
3/19/93; am 8/1/94; am 7/16/99; am and comp
11/09/06] (Auth: HRS §346-53) (Imp: HRS
§346-29; 45 C.F.R. §233.20)
§17-676-36 Financial assistance from another
state. (a) Any individual or family receiving
financial assistance from another state shall be
eligible for financial assistance for the period

§17-676-36
676-22
during which financial assistance is available from
another state provided the individual or family:
(1) Establishes state residency; and
(2) Meets all eligibility requirements.
(b) The financial assistance payment received
from another state shall be considered unearned income
in the financial assistance and food stamp programs.
[Eff 3/19/93; am 8/1/94; comp 11/09/06] (Auth: HRS
§346-53) (Imp: HRS §346-29; 45 C.F.R. §233.40)
§17-676-37 Income of sponsor of an alien. (a)
For the financial assistance programs, income of a
sponsor of an alien and sponsor’s spouse living with
the sponsor shall be deemed to be the unearned income
of the alien. The amount of the sponsor’s income
which is deemed to be available to the alien shall be
calculated as follows:
(1) Obtain the total earned and unearned income
of the sponsor of an alien and the sponsor’s
spouse;
(2) Deduct the lesser of twenty per cent of
total earned income or $175;
(3) From the remainder, deduct an amount equal
to the department standard of need for a
family of the same composition. The
following persons living with the sponsor of
an alien, shall be considered to be part of
the sponsor’s family:
(A) Sponsor’s spouse; and
(B) Sponsor’s dependents who qualify as
federal income tax dependents;
(4) From the remainder, deduct actual amounts
paid by the sponsor or sponsor’s spouse to
persons living out of the home who qualify
as sponsor’s federal income tax dependents;
(5) From the balance, deduct any alimony or
child support paid to persons not living
with the sponsor; and
(6) The net amount shall be considered available
to the alien and deducted from the alien’s

§17-676-37
676-23
monthly standard of financial need.
(b) In the financial assistance programs, the
income of the sponsor of an alien who
entered the United States prior to December
19, 1997, shall be considered available to
the alien for a period of three years after
the alien’s entry into the United States.
The income of the sponsor of an alien that
entered the United States on or after
December 19, 1997, shall be considered
available to the alien until such time as
the alien becomes a United States citizen.
The alien’s failure to provide information
and verification of the income of the
sponsor of an alien shall disqualify the
alien from receiving financial assistance.
(c) The provisions of subsections (a) and (b) do
not apply to an alien:
(1) Admitted to the United States as a refugee
under section 207 of the Immigration and
Nationality Act;
(2) Paroled into the United States under section
212(d)(5) of the Immigration and Nationality
Act for a period of at least one year;
(3) Granted political asylum by the Attorney
General under section 208 of the Immigration
and Nationality Act;
(4) Who is the dependent child of the sponsor or
sponsor’s spouse and is living in the same
home as the sponsor; or
(5) Who is a domestic violence victim as defined
in section 17-676-2 and the alleged
perpetrator of the violence is the alien’s
sponsor.
(d) In the financial assistance programs, income
which is deemed to a sponsored alien shall not be
considered in determining the need of other
unsponsored members of the alien’s family except to
the extent the income is actually available to the
unsponsored aliens.

§17-676-37
676-24
(e) In the food stamp program, that amount of
the monthly income of an alien’s sponsor and the
sponsor’s spouse to be deemed shall be determined in
accordance with chapter 17-663. [Eff 3/19/93;
am8/1/94; am 10/28/96; am 9/26/97; am 7/16/99; am
01/22/02; am 11/19/05; am and comp 11/09/06]
(Auth: HRS §346-53) (Imp: HRS §346-29; 7 C.F.R.
§273.4; Pub. L. No. 104-193 (1996))
§17-676-38 Other unearned income that are
countable for the food stamp program. Other unearned
income considered countable for the food stamp
household shall include:
(1) The unearned income of an individual
disqualified from the household for failing
to comply with the requirement to provide an
SSN or for being an ineligible alien, less
the prorata share for the individual;
(2) The unearned income of an individual
disqualified from the household for
intentional program violation or for failure
to comply with the program’s work
requirements;
(3) Gross income minus cost of doing business
derived from rental property if a household
member is not actively engaged in management
of the property at least twenty hours a
week;
(4) Moneys that are legally obligated and
otherwise payable to the household, but
which are diverted by the provider of the
payment to a third party for household
expenses. The distinction between whether
the moneys are income or vendor payments is
whether the person or organization making
the payment on behalf of a household is
using funds that otherwise are payable to
the household. Funds payable to the
household shall include wages earned by a
household member and owed to the household,

§17-676-38
676-25
a financial assistance grant to which a
household is legally entitled, support or
alimony payments in amounts which legally
must be paid to a household member, and
educational assistance. If an employer,
agency, former spouse, or educational or
financial institution who owes the funds to
a household diverts the funds instead to a
third party to pay for a household expense,
the payments shall be counted as income to
the household, unless specifically excluded
in subchapter 11. Funds that are considered
income and not vendor payments shall be
handled as earned or unearned income
depending on the nature of the income;
(5) Moneys withdrawn or dividends which are or
could be received by a household from trust
funds considered to be excludable assets
under section 17-675-30. These moneys shall
be considered income in the month received,
unless otherwise exempt under subchapter 11.
Dividends which the household has the option
of either receiving as income or reinvesting
in the trust shall be considered as income
in the month they become available to the
household unless otherwise exempt;
(6) Moneys received on a recurring basis whether
it is obligated to the individual, such as a
legal settlement, or unanticipated, such as
a monetary contribution;
(7) That amount of the monthly income of an
alien’s sponsor and the sponsor’s spouse
that has been deemed to be that of the alien
as unearned income in accordance with
chapter 17-663;
(8) Payments received under the Repatriated
American Programs, unless the person
receiving the payment is required to sign an
express agreement to repay the funds
received;

§17-676-38
676-26
(9) Foster care payments of the foster person
when the foster care home provider has opted
to include the foster person as a member of
its food stamp household in accordance with
section 17-663-2. Any additional
paymentprovided to the foster care home
provider as incentive or retainer fees for
participating in the foster care program
shall be considered as unearned income to
the foster care home provider household;
(10) Any interest or dividends received by the
food stamp household or credited to any
accounts for the household from banks,
loans, or other sources; and
(11) Cash dividends from stocks, life insurance,
or other sources. [Eff 02/7/94; am 1/30/95;
am 10/28/96; comp 11/09/06] (Auth: HRS
§346-14) (Imp: 7 C.F.R. §273.9(b); Pub. L.
No. 104-193 (1996))
§§17-676-39 to 17-676-43 (Reserved).
SUBCHAPTER 4
AVAILABILITY OF INCOME FOR SUPPORT
§17-676-44 Purpose. The purpose of this
subchapter is to describe the persons whose income are
considered available for support of applicants and
recipients in the financial assistance and food stamp
programs. [Eff 3/19/93; am 8/01/94; comp
11/09/06] (Auth: HRS §346-53) (Imp: HRS §346-29)
§17-676-45 Availability of income in the
financial assistance programs when relatives live in
the same household. (a) The income of the husband

§17-676-45
676-27
shall be considered available to meet the needs of the
wife.
(b) The income of the wife shall be considered
available to meet the needs of the husband.
(c) In family groups in which there are
children, income of both parents, natural, legal,
hanai, or adoptive, shall be considered available for
each other and the support of their children.
(d) When the husband, wife, or parent, living in
the home, is not included in the financial assistance
payment, the department shall determine the amount of
available income pursuant to subsections (a), (b), and
(c) as follows:
(1) Obtain the monthly total earned and unearned
income of the individual not included in the
financial assistance payment;
(2) Deduct the following amounts from the
monthly gross earned income:
(A) A standard deduction of twenty per
cent; and
(B) The amount paid for the care of each
incapacitated adult living in the same
household and included in the financial
assistance payment not to exceed $175
if the individual is employed full-time
or $165 if the individual is not
employed full-time;
(3) Deduct the difference between the following
standards of assistance:
(A) The first standard shall include the
needs of the individuals included in
the financial assistance payment and
the needs of the individual and other
individuals not included in the
financial assistance payment provided
such other individuals are or may be
claimed by the individual as dependent
for federal income tax purposes and are
not being sanctioned or are not
excluded due to failure to cooperate

§17-676-45
676-28
(B) The second standard shall include only
the needs of the individuals included
in the financial assistance payment.
(C) For the purpose of subparagraphs (A)
and (B), the standard of assistance for
GA and AABD households shall be as
specified in section 17-678-3 and the
standard of assistance for TANF
households shall be in accordance with
the household’s work eligible status as
specified in section 17-678-3.1.
(4) All of the remaining income shall be
considered available to meet the needs of
the family.
(e) When an individual is excluded from
financial assistance due to the individual’s failure
to cooperate or comply with an eligibility
requirement, the department shall determine the amount
of the excluded individual’s income available to the
assistance unit pursuant to subsections (a), (b), and
(c) and:
(1) If the individual is required to be included
in the financial assistance unit under
sections 17-647-12 or 17-647-13, the
individual’s available monthly income shall
be determined under sections 17-676-54 or
17-676-54.1.
(2) If the individual is not required to be
included in the financial assistance unit
under sections 17-647-12 or 17-647-13, all
of the individual’s monthly income shall be
considered available to meet the needs of
the assistance unit.
(f) For TANF, in the case of a dependent child
whose parent is under the age of eighteen, the State
shall count as income to the assistance unit the
income, after appropriate disregards, of that minor’s
own parent living in the same household as the minor
and dependent child. The disregards to be applied are
the same as are applied to the income of a stepparent
pursuant to subsection (g). However, in applying the

§17-676-45
676-29
disregards, each employed parent will receive the
benefit of the work expense disregard pursuant to
subsection (g)(1).
(g) The income of a stepparent, living with a
stepchild, shall be considered available for the step-
child. The following budgeting process shall be used
to determine the amount of the stepparent’s income
which shall be counted as income for the stepchild:
(1) From the monthly gross earned income, deduct
a standard deduction of twenty per cent;
(2) From the remainder of the stepparent’s
income, subtract the amount specified in the
department’s standard of need to meet the
needs of the stepparent and any other
individuals who are living in the home whose
needs are not considered in the financial
assistance payment, except for sanctioned
individuals or individuals who are required
to be included in the financial assistance
payment but have failed to cooperate, and
are being claimed or may be claimed as the
stepparent’s dependents for federal income
tax purposes;
(3) From the remainder of the stepparent’s
income, subtract the actual amount paid by
the stepparent for individuals not living in
the household who are or may be claimed as
the stepparent’s federal income tax
dependents;
(4) Subtract all payments made by the stepparent
for alimony and child support for persons
not living in the household; and
(5) The remaining income shall be deemed
available to the assistance unit as follows:
(A) When the stepparent enters the home
after the first of the month, prorate
the remaining income from the date the
stepparent entered the home. The same
procedure specified in section 17-680-
12(b) shall be used to prorate the
deemed income; or

§17-676-45
676-30
(B) The stepparent’s total remaining income
shall be deemed available to the
assistance unit when the stepparent is
in the home on the first of the month.
(h) The income of a stepparent receiving
Supplemental Security Income benefits shall be exempt
in determining eligibility for the federally funded
TANF category.
(i) The assistance unit’s failure to provide
information and verification regarding a stepparent’s
income, a legal guardian’s income, or a natural,
legal, hanai, or adoptive parent’s income shall
disqualify the assistance unit from receiving
financial assistance.
(j) The adult applicant or recipient shall
determine whether a common law spouse, who is not the
legal, natural or adoptive parent of the children, is
willing to provide a voluntary contribution towards
household expenses. The adult’s failure to assist in
determining whether the common law spouse is willing
to contribute towards the adult’s household expenses
shall disqualify the adult for financial assistance.
(k) The voluntary contributions of a common law
spouse shall be counted as income available to the
assistance unit.
(l)In households in which more than one
relationship exists when determining the amount of
income to be considered available to a household, the
following priority shall be used:
(1) The natural, hanai, or legal parent
relationship;
(2) The step-parent relationship; and
(3) The spousal relationship. [Eff 3/19/93; am
3/14/94; am 11/25/94; am 1/25/97; am
9/26/97; am 01/22/02; comp 11/09/06; am
1/13/10] (Auth: HRS §346-53) (Imp: HRS
§346-29; 45 C.F.R. §233.20; 42 U.S.C. §602)
§17-676-46 REPEALED. [R 8/01/94]

§17-676-51
676-31
§17-676-47 Availability of income in the food
stamp program. The income of all members of the
household, as defined in chapter 17-663, shall be
considered in determining food stamp eligibility and
benefits. [Eff 3/19/93; comp 11/09/06] (Auth: HRS
§346-53) (Imp: HRS §346-29; 7 C.F.R §273.9)
§§17-676-48 to 17-676-49 (Reserved).
SUBCHAPTER 5
DETERMINING MONTHLY INCOME
IN THE FINANCIAL ASSISTANCE AND FOOD STAMP PROGRAMS
§17-676-50 Rounding off income. The amounts
used in the process for determining and computing
income shall be rounded down to the next lower whole
dollar, as follows:
(1) The amounts used in determining the
individual’s monthly gross earned or
unearned income shall not be rounded off.
The individual’s gross earned and unearned
income from each source shall be rounded
down to the next lower whole dollar before
being used in any computation; and
(2) The amounts used in determining each
allowable earned income deduction shall not
be rounded off. Each allowable earned
income deduction shall be rounded down to
the next lower whole dollar before being
used in any computation. [Eff 3/19/93;
comp 11/09/06] (Auth: HRS §§346-14, 346-53)
(Imp: 7 C.F.R. §273.10; 45 C.F.R. §233.20)
§17-676-51 Determining income prospectively for
all applicants and recipients. (a) Monthly earned
income shall be determined based on the income and

§17-676-51
676-32
circumstances that existed or which are anticipated in
the month for which earned income is budgeted. The
department shall determine the assistance unit’s
monthly gross earned income as follows:
(1) For a month prior to the current month use
The actual income received in the prior
month.
(2) For the current month use actual income
received and any income anticipated to be
received in the current month.
(3) For a future month, determine income as
follows:
(A) Use previous paychecks only if the
source of income, rate of pay, and
frequency of pay are expected to remain
the same.
(i) Source of income shall be
considered to remain the same as
long as the individual has the
same job with the same employer;
(ii) Rate of pay shall be considered to
remain the same as long as the
hourly wage or monthly salary will
not change, and the terms of
employment, full-time, part-time,
or on-call, do not change; and
(iii)Frequency of pay shall be
considered to remain the same as
long as there is no change in how
often the individual is paid.
(iv) Divide the prior monthly income by
the number of paychecks received
in a prior month and multiplying
it by the frequency of pay as
follows:
(a) Weekly income shall be
multiplied by 4.3333;
(b) Bi-weekly income shall be
multiplied by 2.1667;

§17-676-51
676-33
(c) Twice a month income shall be
multiplied by 2.
(B) When income is new or when the source,
rate, or frequency of pay has changed
from the prior month, project the
monthly income as follows:
(i) Obtain the anticipated monthly pay
from the employer; or
(ii) Multiply the rate of pay by the
number of hours the individual
anticipates being paid in a pay
period and then multiply that
amount by the frequency of pay
(for example, weekly, bi-weekly,
twice a month, etc.
(b) Monthly unearned income shall be determined
based on the income and circumstances that existed or
which are anticipated in the month for which unearned
income is budgeted. The department shall determine
the assistance unit’s monthly gross unearned income as
follows:
(1) For a month prior to the current month use
the actual income received in the prior
month.
(2) For the current month use income already
received and any income anticipated to be
received in the current month.
(3) For a future month, determine income as
follows:
(A) Use previous income only if the source
of income, rate of payment, and
frequency of payment are expected to
remain the same.
(i) Source of income shall be
considered to remain the same as
long as the individual has the
same income from the same source;
(ii) Rate of payment shall be
considered to remain the same as
long as the monthly amount or

§17-676-51
676-34
terms of receipt do not change;
and
(iii)Frequency of payment shall be
considered to remain the same as
long as there is no change in how
often the individual is paid.
(iv) Divide the prior monthly income by
the number of checks received in a
prior month and multiplying it by
the frequency of payment as
follows:
(a) Weekly income shall be
multiplied by 4.3333;
(b) Bi-weekly income shall be
multiplied by 2.1667;
(c) Twice a month income shall be
multiplied by 2.
(B) When income is new or when the source,
rate, or frequency of payment has
changed from the prior month, project
the monthly income as follows:
(i) Obtain an estimate from the source
of the income; or
(ii) Use the individual’s statement of
the amount the individual
anticipates to receive in the
month; or
(iii) If the income is anticipated to
be received more frequently than
monthly, multiply the income by
the frequency of payment (for
example, weekly, bi-weekly, twice
a month, etc.
(c) The method used to project the monthly
income shall be documented in the case record. [Eff
3/19/93; am and comp 11/09/06] (Auth: HRS §§346-14,
346-29, 346-53) (Imp: 7 C.F.R. §§273.10, 273.12; 45
C.F.R. §§233.20, 233.31, 233.33)
§17-676-52 REPEALED. [R 9/26/97 ]

§17-676-54
676-35
§17-676-53 REPEALED. [R 11/09/06]
§17-676-54 Determining monthly net income for
the GA and AABD financial assistance programs. (a) A
household is eligible for benefits if:
(1) the household’s total monthly gross income
does not exceed one hundred eighty-five
percent of the household’s standard of need;
and
(2) the household’s monthly net income does not
exceed the standard of assistance.
(b) A household’s monthly net income shall be
determined by adding the household’s monthly net
earned income and monthly unearned income.
(c) To determine monthly net earned income:
(1) Deduct a standard deduction of twenty
percent from the monthly gross earned
income of each applicant or recipient;
(2) After the twenty percent standard
deduction, deduct a flat rate of two
hundred dollars from the remainder;
(3) After the two hundred dollar flat rate
deduction, deduct a thirty-six percent
earned income disregard from the
remainder; and
(4) After the thirty-six percent earned
income disregard deduction, deduct an
amount equal to the actual cost for the
care of each incapacitated adult living
in the same household and receiving
financial assistance, but not to exceed:
(A) $175 a month if the applicant or
recipient is employed full time;
or
(B) $165 a month, if the applicant or
recipient is employed less than
full time. [Eff 1/25/97; am
9/26/97; am 7/16/99; am 11/15/04;
am 9/18/06; comp 11/09/06; am
1/13/10] (Auth: HRS §346-14) (Imp:

§17-676-54.1
676-36
42 U.S.C. §§601, 602, 608; HRS
§§346-29, 346-53, 346-71)
§17-676-54.1 Determining monthly net income for
the TANF financial assistance program. (a) A
household is eligible for benefits if:
(1) the household’s total monthly gross income
does not exceed one hundred eighty-five
percent of the household’s standard of need;
and
(2) the household’s monthly net income does not
exceed the standard of assistance.
(b) A household’s monthly net income shall be
determined by adding the household’s monthly net
earned income and monthly unearned income.
(c) To determine monthly net earned income for a
TANF applicant for the purpose of determining
eligibility:
(1) Deduct a standard deduction of twenty
percent from the monthly gross earned
income of each applicant;
(2) After the twenty percent standard
deduction, deduct a flat rate of two
hundred dollars from the remainder;
(3) After the two hundred dollar flat rate
deduction, deduct a thirty-six percent
earned income disregard from the
remainder; and
(4) After the thirty-six percent earned income
disregard deduction, deduct an amount equal to
the actual cost for the care of each
incapacitated adult living in the same
household and receiving financial assistance,
but not to exceed:
(A) $175 a month if the applicant is
employed full time; or
(B) $165 a month, if the applicant is
employed less than full time.
(d) To determine monthly net earned income for a
TANF applicant or recipient for the purpose of

§17-676-54.1
676-37
determining amount of assistance, and for a TANF
recipient for the purpose of determining continued
eligibility:
(1) Deduct a standard deduction of twenty
percent from the monthly gross earned
income of each applicant or recipient;
(2) After the twenty percent standard deduction,
deduct a flat rate of two hundred dollars from
the remainder;
(3) After the two hundred dollar flat rate
deduction, deduct from the remainder:
(A) A fifty-five percent earned income
disregard for an adult recipient and a
thirty-six percent earned income
disregard for a dependent child, for
month one to month twenty-four of the
household’s TANF benefits, determined
by counting the number of months an
employed adult has received benefits
since July 1997; or
(B) A thirty-six percent earned income
disregard for an adult recipient and a
thirty-six percent earned income
disregard for a dependent child, for
month twenty-five through month sixty
of the household’s TANF benefits,
determined by counting the number of
months an employed adult has received
benefits since July 1997; and
(4) After the thirty-six percent earned income
disregard deduction, deduct an amount equal to
the actual cost for the care of each
incapacitated adult living in the same
household and receiving financial assistance,
but not to exceed:
(A) $175 a month if the applicant or
recipient is employed full time; or
(B) $165 a month, if the applicant or
recipient is employed less than full
time. [Eff 1/25/97; am 9/26/97; am
7/16/99; am 11/15/04; am 9/18/06; comp

§17-676-55
676-38
11/09/06; am 1/13/10] (Auth: HRS §346-
14) (Imp: 42 U.S.C. §§601, 602, 608;
HRS §§346-29, 346-53, 346-71)
§17-676-55 REPEALED. [R 1/06/12]
§17-676-56 Determining net monthly income in the
food stamp program. (a) A household’s net food stamp
monthly income shall be determined by applying the
rounding technique specified in section 17-676-50 and
the method set forth in this section.
(b) Add the gross monthly income earned by all
household members, including any net self-employment
income, minus earned income exclusions as defined in
subchapter 11, and the total monthly unearned income,
less income exclusions, as defined in subchapter 11,
to determine the household’s total gross income. Net
losses from the self-employment income of a farmer
shall be offset in accordance with chapter 17-663.
(c) Multiply the total gross earned income by
twenty per cent and subtract that amount to determine
net monthly income from earnings.
(d) Subtract the standard deduction.
(e) Subtract the total monthly dependent care
expenses incurred by the household, if any. To
complete computing the food stamp net monthly income
for a household in which a member is elderly or
disabled the method specified in subsections (j) to
(k) shall be followed.
(f) Subtract the legally obligated child support
payments that are paid by a household member.
(g) Total the allowable shelter expenses such as
rent, mortgage, and utility costs to determine shelter
costs. Subtract from the total shelter cost fifty per
cent of the adjusted income (the household’s monthly
income after the deductions in subsections (c) to (e)
have been subtracted). The remaining amount, if any,
is the excess shelter cost. If there is no excess
shelter cost, the food stamp net monthly income has

§17-676-56
676-39
been determined. If there is an excess shelter cost,
the shelter deduction shall be determined.
(h) The shelter deduction, if any, shall be one
of the following:
(1) If the excess shelter cost is equal to or
more than the allowable maximum, the shelter
deduction is the allowable maximum; or
(2) If the excess shelter cost is less than the
allowable maximum, the shelter deduction is
the actual amount of the excess shelter cost
(i) Subtract the shelter deduction, if any, from
the adjusted income. The result is the food stamp net
monthly income.
(j) To complete computation of the net food
stamp monthly income for a household in which a
member is elderly or disabled as defined in chapter
17-655:
(1) Add all nonreimbursable medical expenses,
then subtract $35 from the total
nonreimbursable medical expenses to
determine the monthly medical deduction.
Subtract the medical deduction from the
adjusted net income in subsection (e);
(2) Total allowable shelter expenses to
determine shelter costs. Subtract from
total shelter costs fifty per cent of the
household’s adjusted net income after all
the above deductions have been subtracted.
The remaining amount, if any, is the shelter
deduction; and
(3) Subtract the shelter deduction from the
household’s adjusted net income as
determined by this subsection. The net
result is the household’s food stamp net
income.
(k) The food stamp net monthly income shall be
compared to the net monthly income eligibility
standards for the appropriate household size as
specified in chapter 17-680 to determine eligibility
for the month. [Eff and comp 11/09/06; am 11/22/08 ]

§17-676-57
676-40
(Auth: HRS §346-14) (Imp: 7 C.F.R. §§273.10; 273.21;
Pub. L. No. 110-246)
§17-676-57 (Reserved)
SUBCHAPTER 6
DETERMINING MONTHLY INCOME
IN THE MEDICAL ASSISTANCE ONLY PROGRAM
§17-676-58 REPEALED. [R 8/01/94 ]
§17-676-59 REPEALED. [R 8/01/94 ]
§17-676-60 REPEALED. [R 8/01/94 ]
§17-676-61 REPEALED. [R 8/01/94 ]
§17-676-62 REPEALED. [R 8/01/94 ]
§§17-676-63 to 17-676-66 (Reserved).
SUBCHAPTER 7
FOOD STAMP PROGRAM DEDUCTIONS AND EXPENSES
§17-676-67 REPEALED. [R 11/09/06]
§17-676-68 REPEALED. [R 11/09/06]
§17-676-69 REPEALED. [R 11/09/06]

§17-676-71
676-41
Historical Note: §17-676-69 is based substantially
upon §17-718.1-6. [Eff 12/27/86; R 3/19/93 ]
§17-676-70 REPEALED. [R 11/09/06]
Historical Note: §17-676-70 is based substantially
upon §17-718.1-7. [Eff 12/27/86; R 3/19/93]
§17-676-71 Averaging income and expenses. (a)
Households, except for seasonal farmworker households,
may elect to have income averaged. Income shall not
be averaged for a seasonal farmworker household since
averaging would result in assigning to the month of
application income from future periods which is not
available to the seasonal farmworker household for its
current food needs. To average income, the department
shall use the household’s anticipation of income
fluctuations over the certification period. The
number of months used to obtain the average income
need not be the same as the number of months in the
certification period.
(b) Households which, by contract or self-
employment, derive annual income intended to support
the household for a year, in a period of time shorter
than one year shall have that income averaged over a
twelve-month period, provided the income from the
contract is not received on an hourly or piecework
basis. The households may include school employees,
share croppers, farmers, and other self-employed
households. However, these provisions shall not apply
to migrant or seasonal farm workers. If the self-
employment income is intended to support the household
for only part of the year, the income shall be
averaged over the period of time it is intended to
cover. The procedures for averaging self-employment
income are specified in subchapter 6 of chapter 17-
663.

§17-676-71
676-42
(c) Households may elect to have fluctuating
expenses averaged. Households may elect to have
expenses which are billed less often than on a monthly
basis averaged forward over the interval between
scheduled billings, or, if there is no scheduled
interval, averaged forward over the period the expense
is intended to cover regardless of the certification
period.
(1) Households may elect to have one-time only
expenses averaged over the entire
certification period in which they are
billed.
(2) Households reporting one-time only medical
expenses during their certification period
may elect to have a one-time deduction or to
have the expense averaged over the remaining
months of their certification period.
Averaging would begin the month the change
would become effective. [Eff 2/7/94; am and
comp 11/09/06] (Auth: HRS §346-14) (Imp: 7
C.F.R. §§273.10 (c)(3) and (d)(3), 273.21)
Historical Note: §17-676-71 is based substantially
upon §§17-718.1-13 and 17-718.1-15. [Eff 12/27/86; R
3/19/93]
§17-676-72 Income deductions. Deductions shall
be allowed for the following household expenses:
(1) The monthly standard deduction per household
which is set by the USDA;
(2) An earned income deduction of twenty per
cent of all gross earned income other than
income excluded to compensate for taxes,
other mandatory deductions from salary, and
work expenses;
(3) The payments for the actual costs for the
care of a child or other dependent when
necessary for a household member to accept
or continue employment, attend training or
education which is preparatory to

§17-676-72
676-43
employment, or to seek employment in
accordance with the job search criteria, or
an equivalent effort by those not subject to
job search requirements;
(4) That portion of medical expenses in excess
of $35 per month, excluding special diets,
incurred by any household member who is
elderly or disabled as defined in section
17-663-1. Spouses or other persons
receiving benefits as a dependent of the SSI
or disability and blindness recipient shall
not be eligible to receive this deduction.
Persons who receive only state supplemental
benefits and not federal SSI benefits shall
not be eligible for medical or shelter
deductions as SSI recipients unless the
persons are elderly or disabled as defined
in section 17-663-1.
(A) Allowable medical costs include:
(i) Medical and dental care including
psychotherapy and rehabilitation
services provided by a licensed
practitioner authorized by state
law or other qualified health
professionals;
(ii) Hospitalization or outpatient
treatment, nursing care,
andnursing home care including
payments by the household for an
individual who was a household
member immediately prior to
entering a hospital or nursing
home provided by a facility
recognized by the State;
(iii) Prescription drugs when prescribed
by a licensed practitioner
authorized under state law and
other over-the-counter medication,
including insulin when approved by
a licensed practitioner or other
qualified health professional;

§17-676-72
676-44
(iv) Costs of medical supplies,
sickroom equipment, including
rental, or other prescribed
equipment;
(v) Health and hospitalization
insurance policy premiums. The
costs of health and accident
policies such as those payable in
lump sum settlements for death or
dismemberment or income
maintenance policies such as those
that continue mortgage or loan
payments while the beneficiary is
disabled shall not be deductible;
(vi) Medicare premiums related to
coverage under Title XVIII of the
Social Security Act (42 U.S.C.
§1395) and any cost-sharing or
spend down expenses incurred by
medicaid recipients;
(vii) Dentures, hearing aids, and
prosthetics;
(viii) Securing and maintaining a seeing
eye dog or hearing dog including
the cost of dog food and
veterinarian bills;
(ix) Eye glasses prescribed by a
physician skilled in eye disease
or by an optometrist;
(x) Reasonable cost of transportation
and lodging to obtain medical
treatment or services; and
(xi) Maintaining an attendant, home-
maker, home health aide, child
care giver, or a housekeeper to
aid a person because of age,
infirmity, or illness. In
addition, an amount equal to the
one person coupon allotment shall
be deducted if the household
furnishes the majority of the

§17-676-72
676-45
attendant’s meals. The allotment
for the meal related deduction
shall be the amount in effect at
the time of initial certification.
The department shall be required
to update the allotment amount at
the next scheduled recertification,
however, the department may do so
earlier. If a household incurs
attendant care costs that may qualify
under both the medical deduction and
dependent care deduction, the
department shall treat the cost as a
medical expense.
(B) That portion of an allowable medical
expense which is not reimbursable.
Households entitled to the medical
deduction shall have the
nonreimbursable amount deducted when
the bill is received or can otherwise
be verified; and
(C) One-time only medical expenses during
the certification period. A household
may elect to have a one-time deduction
or to have the expense averaged over
the remaining months of the
certification period. Averaging shall
begin the month the change becomes
effective.
(5) Monthly shelter costs in excess of fifty per
cent of the household’s income after all the
deductions in paragraphs (1) to (4) have
been allowed. The shelter deduction shall
not exceed the shelter maximum which is
established by the USDA unless the household
contains a member who is elderly or disabled
as defined in section 17-663-1. The
households shall receive a limitless shelter
deduction for the monthly shelter cost that

§17-676-72
676-46
exceeds fifty per cent of the
household’s monthly income after all
other applicable deductions.
Households in which all members are
homeless and are not receiving free
shelter throughout the calendar month
shall be eligible for the homeless
standard estimate as a shelter
deduction. The standard estimate
amount is computed annually effective
October of each calendar year and
provided by the U. S. Department of
Agriculture. All homeless households
that incur or reasonably expect to
incur shelter costs during a month
shall be eligible for the estimate
unless higher shelter costs are
verified, at which point, the household
may use actual shelter costs rather
than the estimate. If a homeless
household has difficulty in obtaining
the verification of its shelter costs,
the department shall use prudent
judgment in determining if verification
obtained is adequate. For example, if
a homeless individual claims to have
incurred shelter costs for several
nights and the costs are comparable to
costs incurred by homeless people for
shelter, the department shall accept
this information as adequate
verification and not require further
verification. Homeless households that
incur no shelter costs during the month
shall not be eligible for the standard
estimate. Shelter costs shall include
only the following:
(A) Continuing charges made for the shelter
occupied by a household, including
rent, mortgage, condominum or
association fees, or other continuing

§17-676-72
676-47
charges leading to the ownership of the
shelter, such as loan payments for the
purchase of a mobile home, including
interest on such payments;
(B) Property taxes, state and local
assessments, and insurance on the
structure, but not separate costs for
insuring furniture or personal
belongings;
(C) Charges for heating, cooling, cooking
fuel; electricity; water and sewer;
garbage and trash collection fees; the
basic service fee for one telephone,
including tax on the basic fee; and
fees charged by the utility provider
for initial installation of the
utility. One time deposits shall not
be included as shelter costs;
(D) The shelter costs for a home if
temporarily not occupied by the
household because of employment or
training away from home, illness, or
abandonment of the home due to natural
disaster or casualty loss. For the
costs of a vacated home to be included
in shelter costs, the household must
intend to return to the home. The
current occupants of the home, if any,
shall not claim the shelter costs
during the absence of the household and
the home shall not be leased or rented
in the household’s absence; and
(E) Charges for the repair of a home which
is substantially damaged or destroyed
due to a natural disaster such as a
fire or flood. Shelter costs shall not
include charges for repair of a home
that have been or will be reimbursed by
private or public relief agencies,
insurance companies, or from any other
source; and

§17-676-72
676-48
(6) Legally obligated child support payments,
paid by a household member to or for a
nonhousehold member, including payments made
to a third party on behalf of the
nonhousehold member. The department shall
allow a deduction for amounts paid toward
arrearages. The deduction shall be allowed
in the month paid. Alimony payments made to
or for a nonhousehold member shall not be
included in the child support deduction.
[Eff 2/7/94; am 8/18/94; am 10/13/95; am
11/19/05; am and comp 11/09/06; am 11/22/08]
(Auth: HRS §346-14) (Imp: 7 C.F.R. §273.9;
Pub. L. No. 110-246)
Historical Note: §17-676-72 is based substantially
upon §17-717-31. [Eff 7/19/82; am 4/01/83; am
10/01/83; am 1/19/84; am 5/1/86; am 2/6/87; am 3/2/87;
am 1/21/88; am 5/04/89; R 3/19/93]
§17-676-73 Standard utility allowance. (a) The
department shall establish individual standard utility
allowances for use in calculating shelter costs of
households which incur utility costs separate from the
rent or mortgage. The specific standard shall be
allowed only if the household is billed separately for
the specific utility cost. The household shall be
advised that actual individual utility costs which
exceed the individual standards shall be deducted only
if the household can verify the costs. Households
which live in public housing or other rental units
which have central utility meters and charge the
household only for excess utilities shall not be
permitted to use the fuel or electricity standards.
(b) The department shall establish a mandatory
telephone allowance for use in conjunction with the
standard utility allowances. The telephone allowance
shall be used for households which have telephone

§17-676-73
676-49
expenses. The telephone allowance shall be used even
if actual costs are higher. The telephone allowance
shall be prorated if more than one household shares
the telephone expenses.
(c) Households may change between actual utility
costs and the standard utility allowances at each re-
certification action and one additional time during
each twelve-month period following the initial certi-
fication action. Households shall be advised at the
time of certification and recertification of the right
to claim actual utility costs if the individual
utility cost exceeds the standard for that utility.
They shall be further advised of their right to switch
between the use of actual utility costs and the
standard utility allowances.
(d) Households which share utilities with any
other household shall have the individual allowances
prorated among all household members. If the
department is unable to actually determine the prorata
share of utility costs paid by the parties, the actual
utility costs paid by each household shall be used.
Under no circumstances shall the total amount of
utility costs used to determine the amount of the
deduction exceed either the total amount of actual
utility costs for the residence if actual costs are
being used, or the individual standard utility
allowances if the standard is being used.
(e) Households shall not be entitled to the
utility standard for an individual utility cost if all
the cost is paid by an excluded vendor payment. With
the exception of households residing in public housing
or other rental units that have central utility meters
who charge the household for excess utilities, the
household shall be eligible to claim the standard
utility allowance if the household is responsible to
pay any portion of the utility cost that is billed to
the household.
(f) Households that receive indirect (vendor)
energy assistance payments except as provided in
subsection (g) may be eligible for the standard
utility allowance if they continue to incur out-of-

§17-676-73
676-50
pocket utility expenses during any month for which the
energy assistance payment is intended. When the
energy assistance payment is reported to the
department, it shall be divided by the twelve-month
period for which it was intended. This amount shall
then be compared with the household’s actual monthly
utility expenses. When the actual monthly expense
exceeds the prorated energy assistance payment in any
month, the household shall be entitled to claim the
standard utility allowance. If the actual monthly
expense is less than the prorated energy assistance
payment in all of the preceding twelve months, the
household shall claim the actual utility expense only.
(g) Households that receive benefits funded
through the Low Income Home Energy Assistance Act of
1981, (Title XXVI of Pub. L. No. 97-35), whether
directly or in the form of an indirect payment made to
the energy provider on the household’s behalf, shall
be eligible to claim the department’s standard utility
allowance. The energy expense covered by the Low
Income Home Energy Assistance Program shall be
considered to be an out of pocket expense for the
purpose of determining eligibility to receive the
standard utility allowance.
(h) The department shall review the standard
utility allowances and telephone allowance annually
and shall adjust the allowances as necessary to
reflect changes in the cost of utilities. The
standard utility allowances shall remain in effect
during the period of October 1 through September 30 of
each year.
(i) The sewer and trash standard utility
allowance shall be an average of the sewer rate and
trash rate of all counties weighted by the percent of
the total food stamp population in each county.
(j) The telephone allowance shall be an average
of the telephone rate of all counties weighted by the
percent of the total food stamp population in each
county. The rate for each county shall be the sum of
basic line rental, basic subscriber rate, and rental
of one standard rotary instrument.

§17-676-74
676-51
(k) The water standard utility allowance shall
be an average of the water rate of all counties
proportioned according to household size and weighted
by the percentage of the total food stamp population
in each county. The rate for each county shall be the
sum of the meter charge, power charge, and rate charge
for thirteen thousand gallons.
(l) The electricity and gas standard utility
allowance shall be an average of the electricity rate
and gas rate of all counties weighted by the
percentage of the total food stamp population in each
county:
(1) Electricity rate for each county shall be
proportioned according to household size and shall be
the sum of the customer charge and the product of the
kilowatt hours by number of bedrooms and rate charge;
(2) Gas rate for each county shall be an average
of the basic gas rate and electricity rate.
Basic gas rate for each county shall be
proportioned according to household size and
shall be the sum of the customer charge and
the product of the therms by number of
bedrooms and rate charge.
(m) Households which incur utility costs for
utilities other than the standard allowances shall be
allowed the actual utility costs if the household can
verify the cost. [Eff 2/7/94; am 10/13/95; am and
comp 11/09/06] (Auth: HRS §346-14) (Imp: 7 C.F.R.
§273.9(d)(6))
Historical Note: §17-676-73 is based substantially
upon §17-717-32.1. [Eff 6/8/84; am 6/13/85; am
11/29/85; am 8/16/86; am 9/02/86; am 5/28/87; am
8/31/87; am 8/25/90; am 7/20/91; R 3/19/93]
§17-676-74 Determining deductions. (a)
Deductible expenses shall include only certain costs
of dependent care, shelter, child support, and medical
costs.

§17-676-74
676-52
(b) An expense paid by an excluded reimbursement
or vendor payment such as government rent, utility
reimbursements made by the Department of Housing and
Urban Development (HUD) and Farmers Home
Administration (FmHA), or child care subsidy shall not
be deductible. Any portion of the expense not covered
by the vendor payment or reimbursement is deductible.
(c) Expenses shall only be deductible if the
service is provided by a person outside the food stamp
household and the household makes a money payment for
the service. Expenses shall not be deductible if
compensation paid by the household for the service is
paid through an in-kind benefit such as food or
lodging in exchange for child care. An expense
covered by an excluded reimbursement or vendor payment
shall not be deductible. For example, the portion of
rent covered by excluded vendor payments shall not be
calculated as part of the household’s shelter cost.
(d) Unless an expense is averaged, an expense
shall be allowed only in the month it becomes due
regardless of when the household intends to pay the
expense. Amounts which are past due shall not be
deductible even if included with the most recent
billing and which are actually paid by the household.
A particular expense shall only be deducted once.
(1) Recurring monthly deductible expenses such
as rent and utility cost shall be allowed
once a month. Interim adjustment need not
be made because two bills were received in
the same month. For example, if a household
certified from August through October is
billed for electricity in August, in early
September for September, and again in late
September for October, the household shall
be allowed a deduction for each of the three
months from August through October.
(2) If a renter or boarder has agreed with the
landlord to pay certain utility costs, but
the utilities are billed in the landlord’s
name, the household shall be allowed a

§17-676-74
676-53
deduction for the utility costs which are
paid to the landlord. Although the
household is not billed for the expense, the
expense is otherwise due. When two
households reside in the same home, share
utility expenses, and only one household is
billed for the utility expenses, both
households may claim utility expenses since
both pay for utilities.
(e) During the household’s initial certification
and recertification interviews, the household members,
who are eligible to claim the excess medical expense
deduction, shall report and verify all medical
expenses. The household’s monthly medical deduction
for the certification period shall be based on the
information reported and verified by the household.
The household shall be allowed to give a
reasonableestimate of its medical expenses that are
expected to be incurred during the course of the
household’s certification period. The estimated
amount should be based upon available information
about the member’s medical condition, public or
private medical insurance coverage, and the current
verified medical expenses incurred by the household
member. The households that give such an estimate
shall not be required to file reports about its
medical expenses during the certification period.
(f) The department shall calculate the
household’s expenses based on what the household
expects to be billed during the certification period.
Anticipation of the expense shall be based on the most
recent month’s bills unless the household is
reasonably certain a change will occur. When the
household is not claiming the utility standard, the
actual utility cost shall be verified, then projected
for the certification period. [Eff 2/07/94; am
12/9/94; am 10/13/95; am and comp 11/09/06] (Auth:
HRS §346-14) (Imp: 7 C.F.R. §§273.10(d))

§17-676-75
676-54
Historical Note: §17-676-72 is based substantially
upon §17-718.1-14. [Eff 12/27/86; am 12/24/90; R
3/19/93 ]
SUBCHAPTER 8
AVAILABILITY AND VERIFICATION OF INCOME
§17-676-75 Availability and verification of
income in the financial assistance programs. (a) All
individuals shall apply for and develop potential
sources of income.
(b) The department shall deny or terminate
financial assistance when the individual fails to
apply for and develop potential sources of income and
fails to provide the department with verification to
determine the amount of the income.
(c) When the department determines that an
assistance unit has failed to cooperate in providing
information, supported by documents to determine
eligibility or the amount of assistance, the
assistance unit shall be ineligible for financial
assistance. Failure to cooperate includes, but is not
limited to failure to provide accurate and complete
information, failure to provide verification, or any
other action on the part of the individual that
prevents a correct determination of eligibility or
amount of assistance.
(d) In the financial assistance programs, when
the individual fails to apply for and develop a
specific source of income, but provides the department
with verification of the amount the individual is
entitled to receive, that amount shall be budgeted in
determining eligibility and the amount of assistance.
[Eff 3/19/93; am 8/1/94; am and comp 11/09/06] (Auth:
HRS §§346-14, 346-29, 346-53) (Imp: 45 C.F.R.
§§233.20, 233.31, 233.33)

§17-676-76
676-55
§17-676-76 Availability and verification of
income in the food stamp program. (a) Gross
nonexempt income shall be verified for all households
prior to certification. However, where all attempts
to verify income have been unsuccessful, because the
income provider fails to cooperate with the household
and the department, and all other sources of
verification are unavailable, the department shall
determine an amount to be used, based on the best
available information.
(b) The department shall use documentary
evidence as the primary source of verification.
Whenever documentary evidence cannot be obtained,
alternate sources such as collateral contacts and home
visits shall be used for verification.
(c) The department shall determine on a case by
case basis when to verify loans, but shall verify
loans in any questionable case. When verifying that
income is exempt as a loan, a statement signed by both
parties indicating the payment is a loan which shall
be repaid shall be sufficient verification. However,
if the household receives payments on a recurrent or
regular basis from the same source but claims the
payments are loans, the department may also require
that the provider of the loan sign a statement which
states that repayments are being made or that payments
will be made in accordance with an established
repayment schedule.
(d) Earned income may be verified through
documents from the applicant including, but not
limited to:
(1) Pay stubs;
(2) Pay envelope;
(3) Employee’s W-2 forms;
(4) Wage tax receipts;
(5) State or federal income tax return;
(6) Self-employment bookkeeping records; or
(7) Sales and expenditure records.
(e) Earned income may be verified through other
sources including, but not limited to:
(1) Employer’s wage records;

§17-676-76
676-56
(2) Statement from employer;
(3) State income tax department; or
(4) Employment security office.
(f) In verifying other income to the household,
documents or records generally available from the
applicant may be used including, but not limited to:
(1) Social security award letter (changes in
benefits may not always be reflected);
(2) Benefit payment check;
(3) Unemployment compensation letter;
(4) Pension award notice;
(5) Correspondence on benefits;
(6) Income tax records;
(7) Railroad retirement award letter;
(8) Support and alimony payments evidenced by
court order, divorce, separation papers, or
contribution check; or
(9) Veterans administration award notice.
(g) Other documents or records from the
following sources may also be used for
verification including, but not limited to:
(1) Social security card;
(2) Social security district office files;
(3) Bureau of employment security, unemployment
compensation section;
(4) Employer’s records;
(5) Union records;
(6) Worker’s compensation records;
(7) Veterans administration records;
(8) Insurance company records;
(9) Tax records; or
(10) Railroad retirement board records.
(h) If documentary evidence of social security
benefits is not readily available from the applicant,
the department may verify the income through the
Beneficiary Data Exchange (BENDEX). The amount of
social security benefits reported on the application
shall be used to compute the household’s eligibility
and benefit level pending receipt of verification from
BENDEX.

§17-676-80
676-57
(i) In addition to verifying reported income,
the department may investigate the possibilities of
unreported income. If it appears that the applicant
may be eligible for other benefits, the [branch]
department may verify that the applicant is not
receiving income from other sources such as social
security, unemployment compensation, or public
assistance. Additional situations in which the
possibility of unreported income may be investigated
include:
(1) Difficulty in contacting the head of the
household at home;
(2) Seasonal employment at its peak in the area;
(3) Shelter costs higher than reported income;
or
(4) Similar questionable situations.
(j) A household’s report of expenses which
exceed its income may be grounds for a determination
that further verification shall be required. However,
these circumstances alone shall not be grounds for a
denial. The department shall review with the household
how the household manages its finances, whether the
household receives excluded income or has resources,
and how long the household has managed under these
circumstances. [Eff 3/19/93; am and comp
11/09/06] (Auth: HRS §346-14) (Imp: 7 C.F.R.
§273.2(f))
§§17-676-77 to 17-676-79 (Reserved).
SUBCHAPTER 9
DISREGARDED INCOME AND INCOME EXEMPTIONS
IN THE FINANCIAL ASSISTANCE PROGRAMS
§17-676-80 Income exemptions in the financial
assistance programs. The department shall exempt all
of the following income in determining the amount of
the financial assistance payment:

§17-676-80
676-58
(1) Earned income of each child if the child is
a full-time student or is a part-time
student who is not a full-time employee;
(2) The value of the food stamp payments under
the Food Stamp Act of 1977, 7 U.S.C. §§2011-
2027;
(3) The value of the U. S. Department of
Agriculture donated foods (surplus
commodities);
(4) 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;
(5) Payments distributed per capita to or held
in trust for 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 25 U.S.C. §459e, receipts
distributed to members of certain Indian
tribes which are referred to in 25 U.S.C.
§459d;
(6) Certain Indian judgment funds, as provided
under Pub. L. No. 93-134, §7 and amended by
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;

§17-676-80
676-59
(7) 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, and
distributed per capita to a household or
member of an Indian tribe, and initial
purchases made with such funds as provided
by 25 U.S.C. §117b. 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;
(8) As provided by 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, 43 U.S.C. §1620:
(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;
(9) Payments to applicants or recipients in the
Volunteers in Service to America (VISTA)
Program or any AmeriCorps Program, except
when the value of such payments is equal to

§17-676-80
676-60
or greater than the federal minimum wage or
the state minimum wage whichever is greater.
Payments to student volunteers enrolled in
institutions of higher education who
participate in the University Year for
Action (UYA) program, and foster
grandparents, senior health aides, and
senior companions, 42 U.S.C. §§4951-5085,
under the Small Business Act (Service Corps
of Retired Executives (SCORE)) or the Active
Corps of Executives (ACE), 15 U.S.C. §637;
(10) 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;
(11) 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;
(12) Any need-based payments, payments for
supportive services, or compensation in lieu
of wages provided to a dependent child,
under age nineteen, under the Workforce
Investment Act (WIA) of 1998, 20 U.S.C.
§9201;
(13) Work incentive payments made under the work
programs, 42 U.S.C. §§630-644;
(14) Any assistance received under the Low Income
Home Energy Assistance program of Pub. L.
No. 97-35, the Low Income Home Energy
Assistance Act of 1981, 42 U.S.C. §§8621-
8629;
(15) Earnings of persons in the Youth Incentive
Entitlement Pilot Project, 29 U.S.C. §§894-
898, the Youth Community Conservation and
Improvement Projects, 29 U.S.C. §§899-906,
and the Youth Employment and Training
Program, 29 U.S.C. §§907-915;
(16) Any wages received by a dependent child
under age nineteen under the Workforce

§17-676-80
676-61
Investment Act (WIA) of 1998, 20 U.S.C.
§9201, which are not exempt under paragraph
(1), shall be exempt for six months per
year. Any other benefits, received by a
dependent child under age nineteen under WIA
(including Summer Youth Employment and
Training Program and Job Corps Program),
shall also be exempt;
(17) Foster child’s board payment to licensed
foster care parents;
(18) Home produce of an applicant or recipient
utilized by the household for their own
consumption;
(19) The value of medical insurance, employer’s
share of contributions to a pension fund,and
employer’s share of social security
contributions;
(20) Training related expenses provided by the
First-to-Work program;
(21) Housing and Urban Development (HUD) refund
payments pursuant to Underwood vs. Harris
No. 76-469 (D.D.C. March 22, 1976) received
by applicants and recipients of financial
assistance shall be disregarded as income
and assets in the month received and in the
following month. After this period, any
remaining portions of the refund payment
shall be included in the personal reserve
standard;
(22) Small nonrecurring gifts, such as those for
Christmas, birthdays, and graduations, not
to exceed $30 per recipient in any calendar
quarter;
(23) Reimbursements for past, present, or future
expenses related to employment, volunteer
work, medical need, or training shall be
exempt as income. Examples of reimbursement
include, but shall not be limited to,
travel, per diem, uniform, transportation,
mileage, and out-of-pocket expenses;

§17-676-80
676-62
(24) Bonafide loans from any source including but
not limited to educational loans, shall not
be counted as income. A bonafide loan is a
debt that the borrower has an obligation to
repay;
(25) Cash payments to the assistance unit
responsible for household bills by a non-
unit household member for his or her share
of common household expenses;
(26) Restitution payments provided under the
Civil Liberties Act of 1988, Title I of
Public Law 100-383 and the Aleutian and
Pribilof Islands Restitution Act, Title II
of Public Law 100-383;
(27) 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. (E.D.N.Y.) effective
to January 1, 1989;
(28) The income of foster care children who are
not included in the AFDC grant;
(29) Payments made to individuals because of
their status as victims of Nazi persecution,
pursuant to Pub.L. 103-286;
(30) All public and privately funded educational
loans, grants, or scholarships, including
veteran’s educational benefits; and
(31) Payments made to a victim of a crime by the
Criminal Injuries Compensation Commission,
Section 1403 of the Victims of Crime Act of
1984, as amended by Pub. L. 103-322. [Eff
03/19/93; am 3/14/94; am 11/25/94; am
12/15/95; am 1/25/97; am 7/16/99; am
01/22/02; am and comp 11/09/06; am 1/17/08 ]
(Auth: HRS §346-53)(Imp: HRS §346-29; 45
C.F.R. §233.20)
§§17-676-81 to 17-676-82 (Reserved).

§17-676-89
676-63
SUBCHAPTER 10
DISREGARDED INCOME AND INCOME EXEMPTIONS
IN THE MEDICAL ASSISTANCE ONLY PROGRAMS
§17-676-83 REPEALED. [R 8/01/94]
§17-767-84 REPEALED. [R 8/01/94]
§17-676-85 REPEALED. [R 8/1/94]
§§17-676-86 to 17-676-87 (Reserved).
SUBCHAPTER 11
DISREGARDED INCOME AND INCOME EXEMPTIONS
IN THE FOOD STAMP PROGRAM
§17-676-88 Income exclusions. (a) Any gain or
benefit not in the form of money payable directly to
the household such as nonmonetary or in-kind benefits
shall be excluded from household income including, but
not limited to, meals, clothing, public housing, or
produce from a garden.
(b) Money payments that are not payable directly
to the household but are paid to a third party for a
household expense shall be considered a vendor payment
as specified in section 17-676-89. [Eff 3/19/93; am
8/18/94; comp 11/09/06] (Auth: HRS §346-14) (Imp: 7
C.F.R. §273.9(c))
§17-676-89 Vendor payments. (a) Excluded
vendor payments means payments made in money on behalf
of a household, by a person or organization outside
the household, using its own funds to make direct

§17-676-89
676-64
payment to either the household’s creditors or a
person or organization providing a service to the
household.
(b) Rent or mortgage payments and utility
reimbursements paid to a landlord or mortgagee by the
Department of Housing and Urban Development (HUD),
Farmers Home Administration (FmHA), or the Hawaii
Housing Authority (HHA) shall be vendor payments.
(c) If an employer, agency, former spouse, or
other person makes payments on household expenses to a
third party from funds not owed to the household these
payments shall be excluded as vendor payments.
(d) Payments by a government agency to a child
care institution to provide day care for a household
member shall also be excluded as vendor payments.
(e) All or part of a financial assistance grant
which is not made directly to the household, but paid
to a third party on behalf of the household to pay a
household expense, shall be considered an excludable
vendor payment and not counted as income to the
household if such financial assistance payment is for:
(1) Medical assistance;
(2) Child care assistance; or
(3) Energy assistance.
[Eff 3/19/93; am 10/16/95; am 10/28/96;
comp 11/09/06] (Auth: HRS §346-14) (Imp: 7
C.F.R. §273.9(c)(1); Pub. L. No. 104-193
1996))
§17-676-90 Other types of excluded income.
Other types of excluded income shall include:
(1) All loans, including loans from private
individuals as well as commercial
institutions, other than state loans to SSI
applicants;
(2) Cash donations, not to exceed $300 in a
federal fiscal year quarter, which are
received by the household based on need from
one or more private nonprofit charitable
organizations;

§17-676-90
676-65
(3) Any prospective income in the certification
period which is received too infrequently or
irregularly to be reasonably anticipated but
not in excess of $30 in a quarter;
(4) Money received in the form of a nonrecurring
lump sum payment, including, but not limited
to, income tax refunds, rebates or credits,
retroactive lump sum social security
payment, SSI, public assistance, railroad
retirement pension, unemployment
compensation benefits, or other payment,
retroactive lump sum insurance
settlements,refunds of security deposits on
rental property or utilities, or the annual
adjustment payment in the VA disability
pension. These payments shall be counted as
resources in the month received, unless
specifically excluded from consideration as
a resource by other laws;
(5) The cost of producing self-employment
income;
(6) The income of nonhousehold members who have
not been disqualified, including the income
of ineligible students as defined in chapter
17-663; and
(7) Any payment made to an E&T or FTW
participant for costs that are reasonably
necessary and directly related to
participation in the E&T or FTW programs.
These costs include, but are not limited to,
dependent care costs, transportation, other
expenses related to work, training or
education, such as uniforms, personal safety
items or other necessary equipment, and
books or training manuals. These costs
shall not include the cost of meals away
from home. Also, the value of any dependent
care services provided for or arranged shall
be excluded. Only expenses that are paid by
the household that are in excess of the
payment received for the preceding costs may

§17-676-90
676-66
be considered an allowable household
deduction as specified in section 17-676-72.
[Eff 3/19/93; am 8/18/94; am 7/16/99; am and
comp 11/09/06] (Auth: HRS §346-14) (Imp: 7
C.F.R. §§273.4(c); 273.9(c)(2) and (4))
§17-676-91 Income excluded by law. Any income
that is specifically excluded by any other federal
statute from consideration as income for the purpose
of determining eligibility for the food stamp program
shall be considered as an excluded income. The
following types of income shall be excluded by law:
(1) Reimbursements from the Uniform
Relocation Assistance and Real Property
Acquisition Policy Act of 1970 (42 U.S.C.
§§4601-4655);
(2) Payments received under the Alaska Native
Claims Settlement Act (43 U.S.C. §1620);
(3) Any payment to volunteers under Title II of
the Domestic Volunteer Service Act of 1973
(Retired Senior Volunteer Program, Foster
Grandparents Program, Older Americans
Community Service Programs, and others) (42
U.S.C. §§5001-5023) and under the Small
Business Act (Service Corps of Retired
Executives, and Active Corps of Executives)
(15 U.S.C. §637);
(4) Payments to individuals participating in the
Senior Community Service Employment Program
(SCSEP) funded under Title V of the Older
Americans Act of 1965 (Pub. L. No. 100-175);
(5) Payments to volunteers under Title I of the
Domestic Volunteer Services Act of 1973
(VISTA, University Year for Action, and
Urban Crime Prevention Program) shall be
excluded for those individuals receiving
food stamps or financial assistance at the
time the individuals joined the Title I
program (42 U.S.C. §§4951-4958). Households
receiving an exclusion for VISTA or other

§17-676-91
676-67
Title I subsistence allowance at the time of
conversion to the Food Stamp Act of 1977 (7
U.S.C. §§2011-2027) shall continue to
receive an income exclusion for VISTA for
the length of the households’ volunteer
contract in effect at the time of
conversion. Temporary interruptions in food
stamp participation shall not alter the
exclusion once an initial determination is
made. For example, if an individual who is
receiving food stamps subsequently joins
VISTA and temporarily becomes ineligible for
assistance because the individual is away
for VISTA training, when the individual
reapplies, the VISTA income shall be
excluded because the VISTA volunteer was
receiving food stamps at the time the person
joined VISTA. New applicants who are not
receiving financial assistance or food
stamps at the time they joined VISTA, shall
have the subsistence allowance included as
earned income;
(6) Income derived from certain submarginal land
of the United States which is held in trust
for certain Indian tribes (25 U.S.C. §459);
(7) Payments received from the youth incentive
entitlement pilot projects (29 U.S.C. §§894-
898), the youth community conservation and
improvement projects (29 U.S.C. §§899-906),
and the youth employment and training
programs (29 U.S.C. §§907-915) under the
Title IV of the Comprehensive Employment and
Training Act Amendments of 1978;
(8) Payments or allowances made for the purpose
of energy assistance under any federal law,
including utility reimbursements made by the
Department of Housing and Urban Development
(HUD) and the Farmers Home Administration
(FmHA);

§17-676-91
676-68
(9) Income derived from the disposition of funds
to the Grand River Band of Ottawa Indians
(Pub. L. No. 94-540);
(10) Payments by the Indian Claims Commission to
the Confederated Tribes and Bands of the
Yakima Indian Nation or the Apache Tribe of
the Mescalero Reservation (12 U.S.C. §2075);
(11) Payments to the Passamaquoddy Tribe and the
Penobscott Nation or any of their members
received pursuant to the Maine Indian Claims
Settlement Act of 1980 (25 U.S.C. §1724);
(12) Allowances and payments to participants in
programs, other than on-the-job
training,under the Workforce Investment Act
(WIA) of 1998;
(13) Payments of relocation assistance to members
of the Navajo and Hopi (25 U.S.C. §640d-
640d-28);
(14) The earned income of individuals
participating in on-the-job training
programs under the Workforce Investment Act
(WIA) of 1998 who are between eighteen and
nineteen years of age and under the parental
control of another household member;
(15) Earned income tax credit (EITC) payments
received either as a lump sum or payments
under section 3507 of the Internal Revenue
Code of 1986 (relating to advance payment of
earned income tax credits received as part
of the paycheck or as a reduction in taxes
that otherwise would have been paid at the
end of the year);
(16) Payments made from the Agent Orange
Settlement Fund or any other fund
established in connection with settling
liability claims concerning the chemical
agent orange (Pub. L. No. 101-201);
(17) Child care assistance payments funded under
Title IV-A of the Social Security Act, such
as the transitional child care (TCC)

§17-676-91
676-69
payments made under the job opportunities
and basic skills (JOBS) training program;
(18) Assistance payments issued as a result of a
declared federal major disaster or emergency
from the federal emergency management agency
(FEMA), and other comparable disaster
assistance payments provided by any state or
local governmental agency, and disaster
assistance organizations;
(19) Restitution payments provided under the
Civil Liberties Act of 1988, Title I of Pub.
L. No. 100-383, and the Aleutian and Pribil
of Islands Restitution Act, Title II of Pub.
L. No. 100-383 made to U. S.citizens of
Japanese ancestry and permanent resident
Japanese aliens or their survivors and Aleut
residents of the Pribilof Islands and the
Aleutian Islands West of Unimak Island;
(20) "At-risk" block grant child care payments
authorized under section 5801 of Pub. L. No.
101-508, which amended section 401(i) of the
Social Security Act, and child care payments
issued under the Child Care and Development
Block Grant Act of 1990 as amended in
section 8 of Pub. L. No. 102-586;
(21) All public and privately funded educational
loans, grants, or scholarships, including
veteran’s educational benefits;
(22) Income of an SSI recipient necessary for the
fulfillment of a plan for achieving self-
support (PASS) which has been approved under
sections 1612(b)(4)(A)(iii) or
1612(b)(4)(B)(iv) of the Social Security
Act. This income may be spent in accordance
with an approved PASS or deposited into a
PASS savings account for future use;
(23) Payments made to a victim of a crime by the
Criminal Injuries Compensation Commission
(Section 1403 of the Victims of Crime Act of
1984, as amended by Pub. L. 103-322); and
(24) Any additional payment received by or from a

§17-676-91
676-70
member of the United States Armed Forces
deployed to a designated combat zone,
provided the additional pay:
(A) Is the result of deployment to or
services in a combat zone; and
(B) Was not received immediately prior to
serving in a combat zone. [Eff
3/19/93; am 2/07/94; am 12/9/94;
10/16/95; am 01/22/02; am and comp
11/09/06; am 11/22/08 ] (Auth: HRS
§346-14) (Imp: 7 C.F.R. §273.9(c))
§17-676-92 Payments not considered income. (a)
Moneys withheld from an assistance payment, earned
income, or other income source, or money received from
any income source which is voluntarily or
involuntarily returned to repay a prior overpayment
received from that income source, provided that the
overpayment was not excludable under sections 17-676-
88 through 17-676-91, shall not be considered income.
However, moneys withheld from assistance from another
program, as specified in chapter 17-680 for purposes
of recouping from a household an overpayment which
resulted from the household’s intentional failure to
comply with the other program’s requirements shall be
included as income.
(b) Child support payments received by AFDC
recipients which must be transferred to the agency
administering Title IV-D of the Social Security Act of
1935, as amended (42 U.S.C. §§644-667), to maintain
AFDC eligibility, shall not be considered income.
[Eff 3/19/93; am 3/14/94; am 8/18/94; comp 11/09/06]
(Auth: HRS §346-14) (Imp: 7 C.F.R. §273.9(c)(6))
§17-676-93 Reimbursements. (a) Reimbursements
for normal household living expenses such as rent or
mortgage, personal clothing, and food eaten at home,
are a gain or benefit and therefore shall be counted
as income.

§17-676-93
676-71
(b) Reimbursements for past or future expenses
to the extent the reimbursements do not exceed actual
expenses and do not represent a gain or benefit to the
household shall not be counted as income. To be
excluded, these payments shall be provided
specifically for an identified expense, other than
normal living expenses, and used for the purpose
intended. The amount by which a reimbursement exceeds
the actual incurred expense shall be counted as
income. However, reimbursements shall not be
considered to exceed actual expenses, unless the
provider or household indicates the amount is
excessive. Excludable reimbursements which shall not
be considered a gain or benefit to the household
include:
(1) Reimbursements or flat allowances for job or
training related expenses such as travel,
per diem, uniforms, and transportation to
and from the job or training site;
(2) Reimbursements for the travel expenses of
migrant workers;
(3) Reimbursements for out-of-pocket expenses of
volunteers incurred in the course of work;
(4) Reimbursements or allowances for educational
assistance not funded under Title IV of the
Higher Education Act to students attending
institutions of post secondary education, a
school for the handicapped, a vocational
education program, or a program that
provides for completion of a secondary
school diploma or obtaining the equivalent
thereof for educational expenses, provided
the reimbursement or allowance does not
exceed the amount used for or made available
as an allowance determined by such school,
institution, program, or grantor, for
tuition, mandatory fees (including the
rental or purchase of any equipment,
materials, and supplies related to the
pursuit of the course of study involved),
books, supplies, transportation, and other

§17-676-93
676-72
miscellaneous personal expenses (other than
normal living expenses such as food, rent,
or clothing) of the student incidental to
attending the school, institution, or
program;
(5) Reimbursements or allowances to students for
educational assistance funded under Title IV
of the High Education Act or under Bureau of
Indian Affairs student assistance programs;
(6) Reimbursements received by households to pay
for services provided by title XX of the
Social Security Act (42 U.S.C. §1397);
(7) Reimbursements for multiple expenses. Each
expense need not be separately identified as
long as none of the reimbursement covers
normal living expenses (reimbursements for
normal living expenses shall not be
excluded);
(8) Medical or dependent care reimbursements;
(9) Clothing maintenance allowance (CMA)
provided to enlisted military personnel;
(10) Any allowance received by the household from
a financial assistance program that is paid
no more frequently than annually for the
sole purpose of purchasing clothes for the
children when the children enter or return
to school or day care, provided there is no
related reduction in the financial
assistance grant for the month in which the
school clothes allowance is received; and
(11) Reimbursements made to the household for
expenses necessary for participation in an
education component under the E&T program.
[Eff 3/19/93; am 02/07/94; comp 11/09/06]
(Auth: HRS §346-14) (Imp: 7 C.F.R.
§273.9(c)(3), (4), (5), (10))
§17-676-94 REPEALED. [R 11/09/06]

§17-676-96
676-73
§17-676-95 Moneys received for third parties.
If the intended beneficiaries of a single payment are
both household and nonhousehold members, any
identifiable portion of the payment intended and used
for the care and maintenance of the nonhousehold
member shall be excluded. If the nonhousehold
member’s portion cannot be readily identified, the
payment shall be evenly prorated among intended
beneficiaries and the exclusion shall be applied to
the nonhousehold member’s prorata share or the amount
actually used for the nonhousehold member’s care and
maintenance, whichever is less. [Eff 3/19/93; comp
11/09/06] (Auth: HRS §346-14) (Imp: 7 C.F.R.
§273.9(c)(6))
§17-676-96 Earnings of minors. The earned
income of any household member who is under age
eighteen, who is an elementary or secondary school
student, and who lives with a natural, adoptive,
or stepparent or under the parental control of a
household member other than a parent. For purposes of
this provision, an elementary or secondary school
student is someone who attends elementary or secondary
school, or who attends classes to obtain a General
Equivalency Diploma that are recognized, operated, or
supervised by the student’s state or local school
district, or who attends elementary or secondary
classes through a home-school program recognized or
supervised by the student’s state or local school
district. The exclusion shall continue to apply
during temporary interruptions in school attendance
due to semester or vacation breaks, provided the
child’s enrollment will resume following the break.
If the child’s earnings or amount of work performed
cannot be differentiated from that of other household
members, the total earnings shall be prorated equally
among the working members and the child’s prorata
share excluded. [Eff 3/19/93; am 8/18/94; am
10/28/96; am and comp 11/09/06] (Auth: HRS §346-14)
(Imp: 7 C.F.R. §273.9(c)(7))