HAR §17-649-11
HAR §17-649-11. Mass changes
Cite as Haw. Code R. § 17-649-11
(a) Certain changes
initiated by the state or federal government may affect
the entire caseload or may affect significant portions
of the caseload. The changes shall include:
(1) Adjustments to the net income eligibility
standards and shelter and dependent care
deductions;
(2) Adjustments to the thrifty food plan and
standard deduction;
(3) Adjustments to the state’s utility standard;
(4) Periodic cost-of-living adjustments to social
security, SSI, and other federal benefits;
(5) Periodic adjustments to assistance payments;
and
(6) Other changes in eligibility criteria based
upon legislative or regulatory actions.
(b) When the department makes a mass change in
food stamp eligibility or benefits by simultaneously
converting the caseload or the portion of the caseload
that is affected, or by conducting individual desk
reviews in place of a mass change, it shall notify all
households whose benefits are reduced or terminated in
accordance with the requirements of subsection (c)
except for mass changes made under sections 17-649-12
through 17-649-14.
(c) The department shall inform the household of:
(1) The general nature of the change;
(2) Examples of the change’s effect on the
household’s allotment;
(3) The month in which the change will take
effect;
(4) The household’s right to a hearing;
(5) The household’s right to continue benefits
and under what circumstances benefits will be
continued pending a hearing;
(6) General information on whom to contact for
additional information; and
§17-649-12
649-11
(7) The liability the household will incur for
any overpaid benefits if the hearing decision
is adverse.
(d) The department shall notify the household of
the mass change or the result of the desk review later
than the date the household is scheduled to receive the
allotment which has been changed.
(e) The department shall notify the household of
the mass change as much before the household’s sched-
uled issuance date as reasonably possible, although the
notice need not be given any earlier than the time
required to provide adequate notice.
(f) The household shall be entitled to request a
hearing when it is aggrieved by the mass change.
(g) A household which requests a hearing due to a
mass change shall be entitled to continued benefits at
its previous level only if the household meets the
following three criteria:
(1) The household does not specifically waive its
right to a continuation of benefits;
(2) The household requests a hearing in
accordance with chapter 17-602.1; and
(3) The household’s hearing is based upon
improper computation of food stamp eligi-
bility or benefits, or upon misapplication or
misinterpretation of federal law or
regulation. [Eff 3/19/93; am and comp
11/09/06] (Auth: HRS §346-14) (Imp: 7
C.F.R. §273.12(e))
§17-649-12 Adjustments to eligibility standards,
allotments, and deductions. (a) The following
adjustments shall become effective for all households
at a specific time. A timely notice shall not be
required when the following changes go into effect:
(1) Adjustments to the thrifty food plan, the
standard deduction, the shelter deduction and
the dependent care deduction; and
(2) Adjustments to the income eligibility
standards.
(b) Notice of the adjustments shall be published
by the department through the news media, by placing
posters in certification offices, issuance locations,
or other sites frequented by certified households, or
by issuing general notices mailed to households prior
§17-649-12
649-12
to the effective date of the changes. [Eff 3/19/93; am
and comp 11/09/06] (Auth: HRS §346-14) (Imp: 7 C.F.R.
§273.12(e)(1))