HAR §17-663-81. REPEALED

[11/19/05] §17-663-82.1 663-45 §17-663-82 Intentional program violation, felony drug conviction, fleeing felon disqualification, and work requirement sanction. During the period of time that a household member cannot participate due to disqualification for an intentional program violation, a felony drug conviction, their fleeing felon status, or noncompliance with a work requirement, the eligibility and benefit level of any remaining household members shall be determined in accordance with the procedures outlined in this section. (1) The income and resources of the ineligible household member shall continue to count in their entirety, and the entire household's allowable earned income, standard, medical, dependent care, child support, and excess shelter deductions shall continue to apply to the remaining household members. (2) The ineligible member shall not be included when determining the household's size for the purposes of: (A) Assigning a benefit level to the household; (B) Comparing the household's monthly income with the income eligibility standards; or (C) Comparing the household's resources with the resource eligibility limits. The department shall ensure that a household's SNAP allotment shall not be increased as a result of the exclusion of one or more household members. [Eff and comp 11/19/05; am and comp 10/07/10] (Auth: HRS §346-14) (Imp: 7 C.F.R. §273.11(c)(1)) §17-663-82.1 SSN disqualifications and ineligible able bodied adults without dependents (ABAWD). The eligibility and benefit level of any remaining household members of a household containing individuals determined to be ineligible for refusal to obtain or provide an SSN, or for meeting the time limit for ABAWD as specified in section 17-684-39, shall be determined as follows: §17-663-82.1 663-46 (1) The resources of such ineligible members shall continue to count in their entirety and be applied to the remaining household members. (2) A pro rata share of the income of such ineligible members shall be counted as income to the remaining members. This pro rata share is calculated by first subtracting the allowable exclusions from the ineligible member's income and dividing the income evenly among the household members, including the ineligible members. All but the ineligible members' share is counted as income for the remaining household members. (3) The twenty per cent earned income deduction shall apply to the prorated income earned by such ineligible members which is attributed to their households. That portion of the households’ allowable child support payment, shelter and dependent care expenses which are either paid by or billed to the ineligible members shall be divided evenly among the households’ members including the ineligible members. All but the ineligible members’ share is counted as a deductible child support payment, shelter or dependent care expense for the remaining household members. (4) The ineligible members shall not be included when determining their households' size for the purposes of: (A) Assigning a benefit level to the household; (B) Comparing the household's monthly income with the income eligibility standards; or (C) Comparing the household's resources with the resource eligibility limits. [Eff and comp 11/19/05; comp 10/07/10] (Auth: HRS §346-14) (Imp: 7 C.F.R. §273.11(c)(2))