HAR §17-663-123. Definitions

As used in this subchapter: "Date of admission" means the date established by the Immigration and Naturalization Service as the date the sponsored alien was admitted for permanent residence. “INA” means the Immigration and Nationality Act, Title 8 of the U.S. Code (8 USC). "Sponsor" means a person who executed an affidavit or affidavits of support or similar agreement on behalf of an alien as a condition of the alien's admission into the United States as a permanent resident on or after February 1, 1983. "Sponsored alien" means an alien for whom a person (the sponsor) has executed an affidavit of support USCIS Form I-864 or I-864A) on behalf of the alien pursuant to section 213A of the INA. ““USCIS” means the U.S. Citizenship and Immigration Services (formerly known as Immigration and Naturalization Service (INS)). [Eff 3/19/93; am and comp 11/19/05; am and comp 10/07/10] (Auth: HRS §346- 14) (Imp: 7 C.F.R. §273.4) §17-663-124 Deeming of sponsor's income and resources. (a) For purposes of this section, the department shall consider available to the household the income and resources of the sponsor and the sponsor’s spouse only when a sponsored alien is an eligible alien in accordance with section 17-655-44 and the alien’s sponsor signed the legally binding §17-663-124 663-67 affidavit of support (USCIS Form I-864 or I-864A) on or after December 19, 1997. (b) For purposes of determining the eligibility and benefit level of a household of which an eligible sponsored alien is a member, the department shall deem the income and resources of the sponsor and the sponsor's spouse, provided the sponsor has executed USCIS Form I-864 or I-864A on or after December 19, 1997, as the unearned income and resources of the sponsored alien. (c) The department shall deem the sponsor's income and resources until the alien: (1) Becomes a U. S. citizen; (2) Has worked for forty qualifying quarters as described in section 17-655-44; (3) Can receive credit for forty qualifying quarters of work as described in section 17- 655-44; or (4) Sponsor dies. (d) The monthly income of the sponsor and sponsor's spouse (if he or she has executed USCIS Form I-864 or I-864A on or after December 19, 1997) deemed as that of the eligible sponsored alien must be the total monthly earned and unearned income, as defined in chapter 17-676, minus any excludable income as defined in chapter 17-676, that can be attributed to the sponsor and sponsor's spouse at the time the household containing the sponsored alien member applies or is recertified for participation, reduced by: (1) A twenty per cent earned income amount for that portion of the income determined as earned income of the sponsor and the sponsor's spouse; and (2) An amount equal to the program's monthly gross income eligibility limit for a household equal in size to the sponsor, the sponsor's spouse, and any other person who is claimed or could be claimed by the sponsor or the sponsor's spouse as a dependent for Federal income tax purposes. (e) If the alien has already reported gross income information on his or her sponsor in compliance with the sponsored alien rules of another assistance program, the department may use that income amount for §17-663-124 663-68 SNAP deeming purposes. However, the department shall limit allowable reductions to the total gross income of the sponsor and the sponsor's spouse prior to attributing an income amount to the alien to amounts specified in paragraphs (1) and (2) of subsection (d). (f) The department shall consider as income to the alien any money the sponsor or the sponsor's spouse pays to the eligible sponsored alien, but only to the extent that the money exceeds the amount deemed to the eligible sponsored alien. (g) The department shall deem as available to the eligible sponsored alien the total amount of the resources of the sponsor and sponsor's spouse as determined in accordance with chapter 17-675, reduced by $1,500. (h) If a sponsored alien can demonstrate to the department’s satisfaction that his or her sponsor is the sponsor of other aliens, the department must divide the income and resources deemed by the number of such sponsored aliens. (i) The provisions of subsections (a) through (h) of this section do not apply to: (1) An alien who is a member of his or her sponsor's SNAP household; (2) An alien who is sponsored by an organization or group as opposed to an individual; (3) An alien who is not required to have a sponsor under the INA, such as a refugee, a parolee, an asylee, or a Cuban or Haitian entrant; (4) An indigent alien that the department has determined is unable to obtain food and shelter taking into account the alien's own income plus any cash, food, housing, or other assistance provided by other individuals, including the sponsor or sponsors. For purposes of this paragraph, the phrase "is unable to obtain food and shelter" means that the sum of the eligible sponsored alien's household's own income, the cash contributions of the sponsor and others, and the value of any in-kind assistance the sponsor and others provide, does not exceed one hundred thirty per cent of the §17-663-126 663-69 poverty income guideline for the household's size. The department shall determine the amount of income and other assistance provided in the month of application. If the alien is indigent, the only amount that the department shall deem to such an alien will be the amount actually provided for a period beginning on the date of such determination and ending twelve months after such date. Each indigence determination is renewable for additional twelve-month periods. The department shall notify the SNAP administrator who shall in turn notify the U.S. Attorney General of each such determination, including the names of the sponsor and the sponsored alien involved; or (5) A battered alien spouse, alien parent of a battered child, or child of a battered alien, for twelve months after the department determines that the battering is substantially connected to the need for benefits, and the battered individual does not live with the batterer. After twelve months, the department shall not deem the batterer's income and resources if the battery is recognized by a court or the USCIS and the battery has a substantial connection to the need for benefits, and the alien does not live with the batterer. (6) An alien who is under age eighteen. [Eff 3/19/93; am 10/28/96; am and comp 11/19/05; am and comp 10/07/10] (Auth: HRS §346-14) (Imp: 7 C.F.R. §273.4(c); Farm Security and Rural Investment Act of 2002 (P.L. 107-171)