HAR §17-1724.1-45. Purpose

This subchapter describes the types of income that are disregarded when determining income eligibility of a MAGI-excepted individual. [Eff 09/30/13, am and comp NOV 10 2016 (Auth: HRS §346-14; 42 C.F.R. §§435.601, 435.631) (Imp: HRS §346-14; 42 C.F.R. §§435.601, 435.631) §17-1724.1-46 Income disregarded for a MAGI- excepted individual or household. The following shall be disregarded when determining income eligibility for a MAGI-excepted individual or household: 3 20 6 .... (1) The value of supplemental nutrition assistance benefits issued under the Food and Nutritional Act of 2008 (7 U.S.C. §§2011-2027); (2) The value of the U.S. Department of Agriculture donated foods (surplus commodities) ; (3) Any grant or loan to any undergraduate or graduate student made or insured under programs administered by the U.S. Secretary of Education, Title IV of the Higher Education Act, the Carl D. Perkins Career and Technical Education Improvement Act of 2006 (20 U.S.C. §§2301-2324), or the Bureau of Indian Affairs student assistance programs including, but not limited to: (A) Pell Grants; (B) Federal Supplemental Educational Opportunity Grant (FSEOG); (C) National Direct Student Loans (NDSL) ; (D) Guaranteed Student Loans (GSL) ; (E) Hawaii Student Incentive Grant (HSIG); (F) College Work Study (CWS) Program; (G) Academic Achievement Incentive Scholarships; {H) Byrd Scholars; (I) Federal Educational Loans (Federal PLUS Loans, Ford Loans, Perkins Loans, Stafford Loans, etc.); 1724.1-30 §17-1724.1-46 (J) Gaining Early Awareness and Readiness for Undergraduate Programs (GEAR UP) ; (K) Leveraging Educational Assistance Partnership (LEAP) ; (L) Special Leveraging Educational Assistance Partnership (SLEAP) ; (M) State Student Incentives; and (N) Upward Bound; (4) Any educational grant, fellowship, or scholarship from sources other than those listed in paragraph (3) that is obtained or used under conditions that preclude their use for current living expenses; (5) Tax exempt portions of payments made pursuant to the Alaska Native Claims Settlement Act (43 U.S.C. §1626(c)); (6) Any energy assistance received under the Low Income Home Energy Assistance Act of 1981 (42 u.s.c. §§8621-8629) i (7) Food which is raised, produced, or procured by members of the household through their own efforts; (8) The value of medical insurance, employer's share of contributions to a pension fund, and employer's share of social security contributions; (9) Amount of Social Security benefits being recovered due to an overpayment that occurred when an individual was receiving Medicaid; (10) Bona fide loans from any source including but not limited to educational loans, when defined as a debt that the borrower has an obligation to repay; (11) Any gift to, or for the benefit of, an individual who has not attained eighteen years of age and who has a life-threatening condition, from an organization described under §501 ( c) ( 3) of the Code; (12) Receipts derived from lands held in trust and distributed to members of: (A) Certain Indian tribes under 25 U.S.C. §459e; (B) The Pueblo of Santa Ana under §6 of Pub. L. 95-498; and {C) The Pueblo of Zia of New Mexico under §6 of Pub. L. 95-499; 1724.1-31 320 6 320 6 §17-1724.1-46 (13) The value of meals provided to a senior citizen, such as congregate meals, or home delivered meals funded by the Older American Act of 1965 (42 u.s.c. §§2001-3057); (14) Amount of RSDI cost of living allowance for recipients who lose SS! benefits for any ( 15) ( 16) ( 1 7) (18) ( 19) reason; The increase in RSDI disability benefits for a widow and widower age 60 to 64 resulting in the loss of SSI/SSP benefits due to mandatory receipt of widow's or widower's RSDI disability benefits; The amount of RSDI cost of living allowance for recipients resulting in the loss of SSI/SSP benefits as a result of RSDI cost of living increases received after April 1977 as required by §503 of Pub. L. 94-566 (also known as the "Pickle Amendment"); The amount of RSDI increase for a disabled widow's or widower's benefits due to the elimination of the additional reduction factor (ARF) required by Pub. L. 98-21, §134 (42 U.S.C. §1383c(b)), resulting in the loss of SSI/SSP benefits were it not for the amount of that increase and subsequent cost of living adjustments; Amount withheld from unemployment insurance benefit payments to recover overpayments or to pay child support obligations; Assistance provided by any public or private agency or organization if no duplication exists between such other assistance and that provided by the department. Non- duplication of assistance shall be assured by: (A) The different purpose for which the other agency grants aid such as vocational rehabilitation; or (B) The provision of goods and services that are not included in the department's standard of assistance; and (20) The income of the sponsor of a non-citizen and the sponsor's spouse when determining eligibility of a non-citizen when an affidavit of support was executed before December 19, 1997. [Eff 09/30/13; am and 1724.1-32 §17-1724.1-54 comp NOV102016] (Auth: HRS §346-14; 20 C.F.R. §416.1124; 42 C.F.R. §§430.25; 431.10, 435.121, 435.135, 435.137, 435.138; 8 U.S.C. §§1631, 1632; Pub. L. No. 108-203) (Imp: HRS §346-14; 20 C.F.R. §416.1124; 42 C.F.R. §§430.25; 431.10, 435.121, 435.135, 435.137, 435.138; 8 u.s.c. §§1631, 1632; Pub. L. No. 108-203) §