HAR §17-1724.1-56
HAR §17-1724.1-56. Determining monthly net income
Cite as Haw. Code R. § 17-1724.1-56
Monthly net income used in determining eligibility for
a MAGI-excepted individual or household shall be
determined in the following order:
(1)
Determine unearned income according to
subchapter 5;
(2)
Determine earned income according to
subchapter 4;
(3)
Deduct $20, first from unearned income and
any remainder from earned income;
(4)
If employed and aged, blind, or disabled,
deduct $65 from the gross earned income;
(5)
Exclude impairment-related work expenses
(!RWE) from the earned income of a disabled,
but not blind, indiviqual who is under age
sixty-five years or who received SS!
disability benefits prior to attaining age
sixty-five years, if the items or services
are required to enable a disabled individual
to work.
The !RWE must be:
(A)
Paid in the same month of the earned
income in which the services were
received or item used;
(B)
Reasonable in cost, paid by the
disabled individual, and is not
reimbursable from another source; and
(C)
Necessary and not covered by Medicare
or Medicaid include, but are not
limited to, the costs of:
( i)
Attendant care services;
(ii)
Drugs and medical devices;
(iii)
Expendable medical supplies;
(iv)
Guide dog;
(v)
Durable medical equipment;
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§17-1724.1-56
(vi)
Other work-related items and
services;
(vii)
Physical therapy;
(viii)
Prosthetic and orthotic
appliances;
(ix)
Structural modifications to the
individual's home to · create a work
space or to allow the individual
to get to and from work;
(x)
Training to use an impairment
related item attributable to work;
(xi)
Transportation to and from work;
and
(xii) Vehicle modification;
(6)
Exclude blind work expenses (BWE) in any
amount attributable to employment paid by a
blind individual who is under age sixty-five
years or who received SS! benefits due to
blindness prior to attaining age sixty-five
years.
The amount of expenses excluded
shall not exceed the earnings of the blind
recipient for the month.
The BWE shall be
excluded in addition to expenses excluded as
an !RWE and are related to:
(A)
Federal, state and local income taxes
and Social Security and Medicare taxes;
(B)
Licenses, professional association or
union dues;
(C)
Mandatory pension contributions
attributable to earning income; and
(D)
Actual value of meals consumed during
work hours;
(7)
If employed and age sixty-five years or
older, blind or disabled, deduct one-half of
the remainder of the earned income;
(8)
Any income remaining shall be rounded down
to the whole dollar and countable as the
monthly net income; and
(9)
If blind or disabled, exclude any remaining
income if needed to fulfill a plan to
achieve self support (PASS) .
The PASS must
be approved by Social Security
Administration or approved by the Med-QUEST
Division if developed by the department's
vocational rehabilitation services.
[Eff
09/30/13, am and comp
NOV 1 0 2016
]
(Auth:
HRS §346-14; 42 C.F.R. §§431.10, 435.601,
1724.1-37
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