HAR §17-655-24. Purpose

The purpose of this subchapter is to establish the residency requirements for applicants and recipients residing in the community or in an institution to receive financial assistance and food stamps. [Eff 3/19/93; am 8/1/94 ] (Auth: HRS §346-14) (Imp: HRS §346-14) §17-655-25 Financial assistance residency requirements. (a) An individual shall be a resident of the State in order to receive financial assistance. (b) An otherwise eligible individual shall be considered a resident of the State for the purpose of determining eligibility for all categories of financial assistance when the individual is: (1) Living in the State with the purpose of making the individual's home in the State; and (2) Not here for a temporary purpose. (c) If a family received assistance in another state and meets all eligibility requirements for AFDC, GA, or state AABD, assistance shall be granted provided: 655-17 (1) The assistance the family received from the first state prior to moving to Hawaii does not exceed the department's monthly assistance allowance; and (2) The amount of the assistance shall be the difference between the department's monthly assistance allowance and the assistance received from the first state. (d) When the individual comes to the State with a job commitment or for the purpose of seeking employment in the State, the individual shall be considered to be a resident of the State for the purpose of receiving AFDC, GA, or state AABD assistance. (e) Residence shall not depend upon the reason for which the individual entered the State except as it may bear upon whether the individual is here voluntarily or for a temporary purpose. (f) The department shall also consider, but is not limited to considering the following factors in determining whether the general assistance applicant or recipient is a resident of the State: (1) Enrollment of children in state schools; (2) Registration of motor vehicles with the appropriate vehicle registration agency; (3) Ownership of state motor vehicle operator's license; (4) Ownership of checking accounts, savings accounts, or time deposits in a financial institution in the State; (5) Registered voter in the State; (6) Ownership of real property in the State; 655-18 (7) Ownership of household furniture in the State; (8) Renting a room, apartment, or house in the State; or (9) Verification from friends, relatives, or social agencies that the individual is a resident of the State. (g) An individual retains residence in the State until residence is abandoned: (1) Temporary absence from the State, with subsequent returns to the State, or intent to return when the purpose of the absence has been accomplished, does not interrupt continuity of residence; and (2) An otherwise eligible individual, who is temporarily absent from Hawaii, shall continue to receive assistance, provided the absence is not intended to and does not exceed sixty days. (h) An individual who intends to be temporarily absent from the State may establish intent to retain Hawaii residency by declaration to the department that the individual will be absent from the State, the expected date of return, and by meeting one of the following conditions: (1) Possession of a round-trip ticket; (2) Maintaining an apartment or home in the State; (3) Maintaining personal property in the State; (4) Retention of voting privileges in the State; or (5) Payment of Hawaii state income tax during the calendar year. [Eff 3/19/93; am 5/31/02 ] (Auth: HRS §346-14) (Imp: HRS §§346-14, 346-71; 45 C.F.R. §233.40)