HAR §17-1724.1-39. amended by Pub

L. 97-458 (25 U.S.C. §4107) i (GG) Seneca Nation of New York under §8(b) of the Seneca Nation Settlement Act of 1990, Pub. L. 101-503 (25 U.S.C. §1774f) i (HH) Pueblo of Santa Ana and distributed to members of that tribe under §6 of Pub. L. 95-498; and the Pueblo of Zia of New Mexico and distributed to members of that tribe under §6 of Pub. L. 95-499; (II) Certain Indian tribes under §6 of Pub. L. 94-114 (25 U.S.C. §459e); (JJ) Hopi and Navajo Tribes under §22 of Pub. L. 93-531 as amended by Pub. L. 96-305; (KK) Puyallup Tribe under §10 of the Puyallup Tribe Indians Settlement Act of 1989, Pub. L. 101-41 (25 U.S.C. §17734 (c)) ; (LL) Catawba Indian Tribe of South Carolina under §ll(m) of Pub. L. 103-116; (MM) Confederated Tribes of the Colville Reservation under §7(b) of Pub. L. 103- 436; (6) Judgment funds distributed per capita to or made available for members of the: (A) Grand River Band of Ottawa Indians; (B) Delaware Tribe of Indians and the absentee Delaware Tribe of Western Oklahoma; (C) Wyandot Tribe of Indians of Oklahoma; (D) Shawnee Tribe of Indians (Absentee Shawnee Tribe of Oklahoma, the Eastern Shawnee Tribe of Oklahoma, and the Cherokee Band of Shawnee descendants) ; (E) Miami Tribe of Oklahoma and the Miami Indians of Indiana; (F) Clallam Tribe of Indians of the State of Washington (Port Gamble Indian Community, Lower Elwha Tribal Community and the Jamestown Band of Clallam Indians) ; 1724.1-24 §17-1724.1-39 (G) Pembina Chippewa Indians (Turtle Mountain Band of Chippewa Indians, Chippewa Cree Tribe of Rocky Boy's Reservation, Minnesota Chippewa Tribe, Little Shell Band of the Chippewa Indians of Montana, and the nonmember Pembina descendants); (H) Assiniboine Tribe of Fort Belknap Indian Community and the Papago Tribe of Arizona under §§6 and S(d) of Pub. L. 97-408; (I) Confederated Tribes of the Warm Springs Reservation up to $2,000 each; (J) Red Lake Band of Chippewa Indians; (K) Assiniboine Tribe of Fort Belknap Indian Community of Montana and the Assiniboine Tribe of the Fort Peck Indian Reservation of Montana or family interest payments; (L) Shoalwater Bay Indian Tribe; (M) Wyandotte Tribe of Oklahoma and the Absentee Wyandottes; (N) Chippewas of Lake Superior and the Chippewas of the Mississippi under §4 of Pub. L. 99-377 or under §6 of Pub. L. 99-146; (0) White Earth Band of Chippewa Indians as allottees, or their heirs; (P) Saginaw Chippewa Indian Tribe of Michigan; (Q} Cow Creek Band of Umpqua Tribe of Louisiana; (R) Wisconsin Band of Potawatomi, Hannahville Indian Community and Forest County Potawatomi; (S) Seminole Nation of Oklahoma, the Seminole Tribe of Florida, the Miccosukee Tribe of Florida and the independent Seminole Indians of Florida; (T) Catawba Indian Tribe of South Carolina; (U) Confederated Tribes of the Colville Reservation; or under the Michigan Indian Land Claims Settlement Act or Cowlitz Indian Tribe Distribution of Judgment Funds Act; (7) Payments made to volunteers under the National and Community Service Trust Act of 1724.1-25 )2_0 6 §17-1724.1-39 ,3 2 0 6 I j 1993 (42 U.S.C. §5044(f)) including the following programs under 42 U.S.C.: (A) Volunteers in Service to America (AmeriCorps VISTA) §§4951-4960; (B) Special Volunteer Programs §§4991-4993; (C) Retired and Senior Volunteer Program (RSVP) §5001; (D) Foster Grandparent Program §5011; and (E) Senior Companion Program §5013; (8) Payments made to volunteers, including the Service Corps of Retired Executives (SCORE) and the Active Corps of Executives (ACE) to provide technical, managerial, and informational aids to small business concerns (15 U.S.C. §637); (9) Foster care maintenance, kinship guardianship, and subsidized adoption payments to licensed caregivers for the provision of care and supervision to eligible children; (10) Housing and Urban Development (HUD) retroactive tax and utility cost subsidy payments issued pursuant to Underwood v. Harris, (Civil No. 76-0469 D.D.C.) against HUD to applicants and recipients of financial assistance shall be disregarded as income in the month received; (11) Supplemental Security Income and State Supplementary Payment benefits of non- institutionalized individuals for whom the post-eligibility treatment of income does not apply; (12) Reparation payments provided to certain individuals of Japanese ancestry and Aleuts for losses suffered as a result of evacuation, relocation, and internment during World War II under the Civil Liberties Act of 1988 and the Aleutian and Pribilof Islands Restitution Act; (13) Effective January 1, 1989, all Agent Orange Settlement payments to include payments from the Agent Orange Settlement Fund or any other fund established pursuant to the settlement of the In re Agent Orange Product Liability Litigation; 1724.1-26 §17-1724.1-39 (14) Effective August 1, 1994, payments made to victims of Nazi persecution under the Victims of Nazi Persecution Act; (15) Payments received under the Radiation Exposure Compensation Trust Fund established under the Radiation Exposure Compensation Act (RECA) to compensate an individual for injuries or death resulting from the exposure to radiation from nuclear testing or uranium mining under the National Defense Authorization Act for Fiscal Year 1991 and the Radiation Exposure Compensation Act Amendments of 2000 and succeeding amendments; (16) Assistance payments received under the Robert T. Stafford Disaster Relief and Emergency Assistance Act or under any Federal statute as a result of a catastrophe which is declared by the President of the United States, state or local government agency or disaster assistance organizations; (17) Crime Victim Compensation payments issued pursuant to the Victims of Crime Act of 1984 to victims of certain crimes or dependents of deceased victims include, but are not limited to, compensation ,paid by Hawaii's Crime Victim Compensation Commission; (18) Payments received from any fund as a result of the settlement in the case of Susan Walker v. Bayer Corporation, et al., to compensate an individual who contracted the human immunodeficiency virus (H.I.V.) from .contaminated blood products pursuant to Title IV, section 4735 of the Balanced Budget Act of 1997 (Pub. L. 105-33); (19) Payments received from the Ricky Ray Hemophilia Relief Fund Act of 1998 under Pub. L. 105-369 to compensate an individual with a hemophilia-clotting disorder who was treated with blood-clotting agents and contracted the H.I . V.; (20) VA benefits received by or on behalf of certain natural children of: (A) Vietnam veterans and Korean service veterans born with spina bifida under §421 of Pub. L. 104-204 and §102 of Pub. L. 108-183, respectively; and 1724.1-27 3206 3206 §17-1724.1-39 (B) Women Vietnam veterans born with certain birth defects that results in permanent physical or mental disability under §401 of Pub. L. 106-419; (21) Payments made to certain individuals under: (A) §606 of Pub. L. 105-78 who were captured and interned by North Vietnam; or (B) §657(d) (2) of Pub. L. 104-201 who were captured and incarcerated by the Democratic Republic of Vietnam after entering Vietnam under OPLAN 34A, or Laos under OPLAN 35, pursuant to certain Vietnamese commando operations; (22) State annuities paid to a certain individual or the individual's spouse on the basis that the individual is an aged, blind, or disabled veteran under §202 of P.L. 110-245; (23) Payment issued to eligible Filipino veterans who aided American troops during World War II that were established by the Filipino Veterans Equity Compensation Fund (FVECF) under the American Recovery and Reinvestment Act of 2009. Filipino veterans who are U.S. citizens are entitled to a one-time payment of $15,000 while non-U.S. citizen veterans are entitled to a one-time payment of $9,000. Surviving widows of Filipino veterans who filed for the FVECF payments prior to the Filipino veteran's death may also receive these payments on their spouse's behalf; and (24) Austrian social insurance payments granted exclusively under paragraphs 500 to 506 of the Austrian General Social Insurance Act; (b) The following unearned incomes are not considered when determining countable income in the post-eligibility process: (1) Restitution payments made under Pub. L. 100- 383 for the evacuation, relocation, and internment to an eligible Japanese-American citizen or permanent resident non-citizen of Japanese ancestry under §105 of the Civil Liberties Act of 1988 and to an eligible 1724.1-28 §17-1724.1-39 Aleut under §206 of the Aleutian and Pribilof Islands Restitution Act; (2) Reparation payments made under Pub. L. 103- 286 by the Netherlands' Act on Benefits for Victims of Persecution 1940-1945, to a persecuted victim during the Nazi occupation of the Netherlands and the Dutch East Indies during World War II; (3) Payments made under Pub. L. 101-239 from the Agent Orange Settlement Fund or any other fund established pursuant to the settlement in the In re Agent Orange Product Liability Litigation, M.D.L. No. 381 (E.D.N.Y.); and (4) Compensation payments made under Pub. L. 101-239 from the Radiation Exposure Compensation Trust Fund to an individual exposed to radiation during nuclear testing from 1944 to 1972 or exposed to radon while employed in uranium mines or mills from 1942 to 1971, and to atomic veterans who contracted specified cancers and other specified diseases as a direct result of exposure. The Radiation Exposure Compensation Act expanded benefits also to an on-site participant in atmospheric nuclear tests. [Eff 09/30/13; am and comp NOV102016 ] (Auth: HRS §§346-14, 346-29; 20 C.F.R. §§416.1103, 416.1121, 416.112l(a), 416.1124; 42 C.F.R. §§430.25, 435.601, 435.631, 435.726, 435.733, 435.735, 435.831, 435.832; 45 C.F.R. §233.20; 8 u.s.c. §§1631, 1632; 38 u.s.c. §5503; 42 U.S.C. §§1396r-5; Pub. L. No. 97-248; Pub. L . No . 1 0 8 - 2 0 3 ) ( I mp : HRS § 3 4 6 - 2 9 ; 2 0 C.F.R. §§416.1103, 416.1121, 416.112l(a), 416.1124; 42 C.F.R. §§430.25, 435.601, 435.631, 435.726, 435.733, 435.735, 435.831, 435.832; 45 C.F.R. §233.20; 8 U.S.C. §§1631, 1632; 38 U.S.C. §5503; 42 U.S.C. §§1396r-5; Pub. L. No. 97-248; Pub. L. No. 108-203) §