HAR §17-663-128. Awaiting verification

(a) If information necessary to carry out the provisions of section 17-663-124 is not received or verified, the sponsored alien shall be ineligible until such time as all necessary facts are obtained. The eligibility of any remaining household members shall be determined. (b) The income and resources of the ineligible alien (excluding the deemed income and resources of the alien's sponsor and sponsor's spouse) shall be treated in the same manner as a nonhousehold member, as specified in subchapter 7, and considered available in determining the eligibility and benefit level of the remaining household members. (c) If the sponsored alien refuses to cooperate in providing and verifying needed information, other adult members of the alien's household shall be §17-663-128 663-72 responsible for providing and verifying the required information in accordance with chapter 17-647. (d) If the information or verification is subsequently received, the department shall act on the information as a reported change in household membership in accordance with chapter 17-680. (e) If the same sponsor is responsible for the entire household, the entire household, with the exception of household members who are exempt from sponsor deeming as specified in section 17-663-124(i), shall be ineligible until such time as the household provides the needed sponsor information or verification. The department shall assist aliens in obtaining verification in accordance with the provisions of chapter 17-647. [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(c)(5); Farm Security and Rural Investment Act of 2002 (P.L. 107-171) §17-663-129 Overpayment due to incorrect sponsor information. (a) Any sponsor of an alien and the alien shall be jointly and severably liable for repayment of any overpayment of SNAP benefits as a result of incorrect information provided by the sponsor. However, if the alien's sponsor had good cause or was without fault for supplying the incorrect information, the alien's household shall be solely liable for repayment of the overpayment. Examples of good cause or without fault are: (1) Incorrect application of state rules by the department; (2) The alien provided incorrect information regarding the sponsor's income and assets and the sponsor was unaware of the alien's actions; or (3) The alien sponsor was unable to provide accurate information regarding income and assets because of a mental disorder. (b) Where the sponsor did not have good cause, the department shall decide whether to establish a claim for the overpayment against the sponsor or the alien's household, or both. The department may choose §17-663-130 663-73 to establish claims against both parties at the same time or to establish a claim against the party it deems most likely to repay first. If a claim is established against the alien's sponsor first, the department shall ensure that a claim is established against the alien's household whenever the sponsor fails to respond to the department’s demand letter within thirty days of receipt. The department shall return to the alien's sponsor (and the alien's household, if appropriate) any amounts repaid in excess of the total amount of the claim. (c) The sponsor is entitled to a hearing either to contest a determination that the sponsor was at fault where it was determined that incorrect infor- mation has been provided or to contest the amount of the claim. [Eff 3/19/93; comp 11/19/05; am and comp 10/07/10] (Auth: HRS §346-14) (Imp: 7 C.F.R. §§273.4(c)(6); 273.18(a)(4))