HAR §17-1724.1-34. §17-1724

1-34 Legal settlements, inheritance, insurance settlements, and compensations. (a) Money received to settle any insurance, legal, or inheritance claim, personal injury awards and compensation for pain and suffering shall be considered unearned income, if not excluded under sections 17-1724.1-39 or 17-1724.1-46. (b) Any expense paid or incurred which is related to the settlement or award shall be deducted from the total amount awarded. (c) Allowable expense deductions include, but are not limited to, legal fees, medical payments, motor vehicle replacement, or replacement of personal property damaged or lost if proof of allowable expenses paid is provided to the department within ten calendar days from the date the settlement, inheritance, or award is received. Absent the submission of proof, the gross settlement, inheritance or award amount shall be considered unearned income. [Eff 09/30/13; am and comp NOV 10 2016 ] (Auth: HRS §346-53; 20 C.F.R. §416.1121; 42 C.F.R. §§435.601, 435.631) (Imp: HRS §346-29; 20 C.F.R. §416.1121; 42 C.F.R. §§435.601, 435.631) §17-1724.1-35 Educational loans, grants, scholarships, and benefits. (a) Any educational loans, grants, or scholarships, if not excluded under section 17-1724.1-46, obtained and used under conditions that preclude their use for current living expenses shall not be counted as unearned income. (b) Any educational loans, grants, or scholarships not excluded under section 17-1724.1-46, which are obtained and used for current living expenses, shall be counted as unearned income. (c} Educational grants or scholarships received by the student and used for expenses include, but are not limited to tuition, books, fees, equipment, transportation for school purposes, or child care services necessary for school attendance, shall not be counted as unearned income. (1) Expenses specified in this subsection shall be deducted first from the scholarships, loans or educational benefits specifically excluded under section 17-1724.1-46. 1724.1-12 §17-1724.1-37 (2) Expenses specified in this subsection that exceed the excluded benefits under section 17-1724.1-46 shall then be deducted from any non-excluded scholarship or educational benefits. (d) Educational loans, grants, and scholarships that are received in a lump sum and not excluded by sections 17-1724.1-36 or 17-1724.1-46, shall be prorated over the specified period for which the income is intended to determine the monthly amount to be budgeted. The expenses specified in subsection (c) shall be deducted from the lump sum prior to the proration. Any allowable expenses incurred after the proration shall be deducted from the monthly prorated amount for the month in which "{Jf le2CP~}lse is paid. [Eff 09/30/13; am and comp UlUlb ] (Auth: HRS §346-53; 20 C.F.R. §416.1124; 42 C.F.R. §§435.601, 435.631) (Imp: HRS §346-29; 20 C.F.R. §416 . 1124; 42 C.F.R. §§435.601, 435.631)