HAR §17-650-11. Definitions

As used in this chapter: “ABAWD” means an able bodied adult without dependents. “Adequate notice” means a written notice that includes: (1) A statement of the action the department has taken or intends to take; (2) The reason for the intended action; §17-650-11 650-4 (3) The specific departmental rule supporting the action; (4) The household’s right to request a hearing; (5) The name of the person to contact for additional information; (6) The availability of continued benefits; (7) The liability of the household for any overpayments received while awaiting a hearing if the hearing official’s decision is adverse to the household; and (8) The availability of free legal represen- tation, if applicable. An adequate notice may be received prior to department action, at the time reduced benefits are received, or if benefits are terminated, at the time benefits would have been received if they had not been terminated. “Authorized representative” means a person designated in writing by a responsible household member, to act on behalf of a household in applying for food stamp program benefits, and in securing and using the benefits. It also means a private nonprofit organization or institution conducting a drug addiction or alcoholic treatment and rehabilitation program, or a public or private nonprofit group living arrangement whose residents are blind or disabled recipients of benefits under Title II or Title XVI of the Social Security Act (42 U.S.C. §§401-433; 1381- 1383), which will act on behalf of individuals who reside at the centers in applying for and obtaining food stamps. “Certification period” means a definite period of time established by the department during which the household shall be eligible for food stamp benefits unless notified otherwise through appropriate notification procedures. “Change reporting” means the reporting requirement for households who are not subject to simplified reporting, who must report a change in circumstance within ten days of the date that the change becomes known to the household. “Earned income” means cash received or available to be received by the household which require some §17-650-11 650-5 activity on the part of the household to produce. “Extended filing period” means the ten days that households are allowed to submit required information or missing verification. “Federal poverty limit (FPL)” means the poverty guidelines that are updated periodically in the Federal Register by the U.S. Dept of Health & Human Services under the authority of 42 U.S.C. 9902(2). “Homeless individual” means an individual who lacks a fixed and regular nighttime residence or an individual whose primary nighttime residence is: (1) A supervised shelter designed to provide temporary accommodations (such as a welfare hotel or congregate shelter); (2) A halfway house or similar institution that provides temporary residence for not more than 90 days; (3) A temporary accommodation for not more than 90 days in the residence of another individual; or (4) A place not designed for, or ordinarily used, as a regular sleeping accommodation for human beings (a hallway, a bus station, a lobby or similar places). "Notice of adverse action" means a written notice that is sent to a recipient to inform the recipient of action the department is planning to take to reduce or terminate benefits. A notice of adverse action shall always meet the definition of an adequate notice and in certain situations must also meet the definition of a timely notice. “Payment month” means the calendar month for which the department shall issue or provide benefits. “Report month” means any calendar month in which a change must be reported or in which a six month report or eligibility review form is due. “Seasonal farmworker” means a farm laborer who moves from place to place to harvest seasonal crops. “Simplified reporting” means the reporting requirement for households specified in section 17- 650-12 to report changes as specified in section 17- 650-14, no later than six months prior to the end of §17-650-11 650-6 the certification period or the eligibility review due date and to report other changes as specified in section 17-650-18 within ten days of the date the change becomes known to the household. “Six month report” means the report form that simplified reporting households are required to complete no later than six months prior to the end of the certification or eligibility review due date as specified in section 17-650-14. “Timely notice” means an adequate notice that is mailed to the recipient at least ten days prior to the effective date of action. “Unearned income” means any cash received or available to be received which is not classified as earned income. “Verified upon receipt” means information that is complete and accurate and does not require any further verification. This includes payment information provided by the income source such as, but not limited to, the Social Security Administration regarding social security and SSI benefits, the Department of Labor and Industrial Relations (DLIR) regarding unemployment insurance benefits (UIB), and the Child Support Enforcement Agency (CSEA) regarding child support income or payments. Verified upon receipt also includes information provided by an originating source such as, but not limited to, the household reporting a member has left the household or one of the department’s work programs recommending sanction of a household member. [Eff and comp 11/09/06] (Auth: HRS §346-14) (Imp: 7 C.F.R. §§271.2, 273.9, 273.10, 273.12, 273.24; 42 U.S.C. §§ 601-610) SUBCHAPTER 4 SIMPLIFIED REPORTING §17-650-12 Households subject to simplified reporting. All households shall be subject to simplified reporting except households in which all adult members are elderly or disabled as defined in §17-650-14 650-7 section 17-663-1, have no earned income and receive food stamps. [Eff and comp 11/09/06] (Auth: HRS §346-14) (Imp: 7 C.F.R. §273.12; 42 U.S.C. §§600-610) §17-650-13 Households subject to special simplified reporting requirements. (a) The following food stamp households shall be subject to special simplified reporting requirements: (1) Homeless; or (2) Seasonal farmworkers. (b) These food stamp households shall meet the following requirements: (1) Shall be required to report changes as specified in 17-650-18; and (2) Shall be certified for six months. (c) If a homeless or seasonal farmworker household receives food stamps and financial assistance, the household shall be subject to the special simplified reporting requirements for both programs. (d) If a homeless or seasonal farmworker household does not receive food stamps, the household will not be subject to the special simplified reporting requirements. These households will be subject to the simplified reporting requirements as specified in 17-650-14. [Eff and comp 11/09/06] (Auth: HRS §346-14) (Imp: 7 C.F.R. §273.12)