HAR §17-649-4. Termination of benefits

(a) Benefits shall be terminated effective the first day of the month following the month in which the recipient or household is found to be ineligible, provided the household has been sent the appropriate notice of adverse action: (1) A timely and adequate notice shall be required for all change reporting households and for simplified reporting households when the termination is based on information received outside of the six month report. If a timely and adequate notice cannot be sent the month the recipient is found to be §17-649-4 649-8 ineligible, termination shall be effective the first day of the month in which a timely and adequate notice can be sent; (2) An adequate notice shall be required for simplified reporting households when the termination is based on information contained in the six month report or for failure to submit a completed six month report. (b) Benefits shall be terminated when: (1) The equity value of the recipient’s nonexempt assets exceeds the department’s asset limit; (2) The recipient’s net income equals or exceeds the recipient’s needs according to the department’s applicable standard of assistance; (3) The recipient is admitted to a public institution; (4) The recipient’s whereabouts are unknown; (5) The recipient fails to meet any one of the necessary requirements of eligibility; (6) An eligibility redetermination is not completed because of the recipient’s failure to provide the department with requested verification or to provide a completed eligibility redetermination form; (7) A signed, written request for termination is received from the recipient; (8) The recipient fails to cooperate or provide information to federal or state personnel who review the decisions regarding eligibility for assistance; (c) For the financial assistance programs, benefits shall also be terminated when: (1) The recipient fails to apply for and develop potential sources of assets and fails to provide the department with verification to determine the amount of the asset; or (2) The recipient fails to apply for and develop potential sources of income and fails to provide the department with verification to determine the amount of the income. (d) State AABD payments shall be terminated when the individual: (1) Dies; or (2) Is institutionalized in a long term care facility. [Eff 3/19/93; am 8/1/94; am and §17-649-5 649-9 comp 11/09/06] (Auth: HRS §346-14) (Imp: HRS §346-29; 7 C.F.R. §273.13; 42 U.S.C. §§601 through 619) §17-649-5 Notice requirements for recipients subject to simplified reporting. (a) When a completed six month report is received by the department by the specified filing date, an adequate notice shall be sent to the household when payment is reduced or terminated based on information contained in the completed six month report. (b) If a household fails to file a six month report or files an incomplete report by the specified filing date, the department shall give the household at least ten days from the date the department mails the notice, to file a completed six month report. (c) When a completed six month report is not received by the specified filing date, but is received within ten days of the notice specified in subsection (b), an adequate notice shall be sent to the household to arrive no later than the date of payment when payment is: (1) Reduced based on information contained in a completed six month report; (2) Terminated due to receipt of an incomplete six month report; or (3) Terminated based on information contained in a completed six month report. (d) When a completed six month report is not received within the ten day extended filing period, an adequate notice shall be sent to the household to terminate benefits. (e) A notice of suspension shall be sent when a payment is reduced to zero for one month, for recipients subject to simplified reporting. Following this one month suspension, a timely and adequate second notice shall be sent to the household to restore or terminate benefits. [Eff 3/19/93; am and comp 11/09/06] (Auth: HRS §346-14; 45 C.F.R. §205.10) (Imp: HRS §346-29; 7 C.F.R. §273.12; 42 U.S.C. §§601 through 619) §