HAR §17-663-82.2. Ineligible aliens

(a) The department shall determine the eligibility and benefit §17-663-82.2 663-47 level of any remaining household members of a household containing ineligible aliens as follows: (1) All of the ineligible aliens’ income shall be counted for purposes of applying the gross income test to determine eligibility for the remaining eligible household members. (2) All of the ineligible aliens’ resources shall be counted in their entirety and applied to the remaining eligible household members. (3) A pro rata share of the income of the ineligible aliens shall be counted as income to the remaining eligible household members. The pro rata share shall be calculated by first subtracting the allowable exclusions from the ineligble aliens’ income and dividing the income evenly among all the household members, including the ineligible aliens. All but the ineligible aliens’ share shall be counted as income for the remaining eligible household members. (4) If the prorated income attributed to the household is earned income, the twenty per cent earned income deduction shall be applied to the prorated income. (5) That portion of the household's allowable shelter, child support, and dependent care expenses which are either paid by or billed to the ineligible alien members shall be divided evenly among all the household's members, including the ineligible aliens. All but the ineligible aliens’ share shall be counted as a deductible shelter, child support, or dependent care expense for the remaining eligible household members. (b) The ineligible aliens shall not be included when determining the household's size for the purposes of: (1) Assigning a benefit level to the household; (2) Comparing the household's monthly income with the income eligibility standards; or (3) Comparing the household’s resources with the resource eligibility limits. §17-663-82.2 663-48 (c) The department shall compute the income of the ineligible aliens using the income definition and exclusions in chapter 17-676. (d) For purposes of subsection (a), the department shall not include the resources and income of the sponsor and the sponsor's spouse in determining the resources and income of ineligible sponsored aliens. [Eff and comp 11/19/05; am and comp 10/07/10] (Auth: HRS §346-14) (Imp: 7 C.F.R. §273.11(c)(3)) §17-663-82.3 Reduction or termination of benefits within the certification period. Whenever an individual is determined ineligible within the household's certification period, the department shall determine the eligibility or ineligibility of the remaining household members based, as much as possible, on information in the case file and the following action shall be required: (1) If a household's benefits are reduced or terminated within the certification period because one of its members was excluded because of disqualification for intentional program violation, the department shall notify the remaining members of their eligibility and benefit level at the same time the excluded member is notified of his or her disqualification. The household shall not be entitled to a notice of adverse action but may request a hearing to contest the reduction or termination of benefits, unless the household has already had a hearing on the amount of the claim as a result of consolidation of the administrative disqualification hearing with the hearing. (2) If a household's benefits are reduced or terminated within the certification period for reasons other than an intentional program violation disqualification, the department shall issue a notice of adverse action which informs the household of the ineligibility, the reason for the ineligibility, the eligibility and benefit level of the §17-663-83 663-49 (3) remaining members, and the action the household must take to end the ineligibility. [Eff and comp 11/19/05; am and comp 10/07/10] (Auth: HRS §346-14) (Imp: 7 C.F.R. §273.11(c)(4)) §17-663-83 Treatment of income and resources of other nonhousehold members. (a) For all other individuals living in the same household who are not household members as defined in subsections 17-663-2(b) and (c) and who are not specifically mentioned in sections 17-663-82, 17-663-82.1, 17-663-82.2 and 17- 663-82.3, the income and resources of such individuals shall not be considered available to the household with whom the individual resides. (1) Cash payments from nonhousehold members to the household will be considered income under the normal income standards. (2) Vendor payments shall be excluded as income. (3) If the household shares deductible expenses with the nonhousehold members, only the amount actually paid or contributed by the household shall be deducted as a household expense. If the payments or contributions cannot be differentiated, the expenses shall be prorated evenly among persons actually paying or contributing to the expense and only the household's pro rata share shall be deducted. (b) When the earned income of one or more household members and the earned income of a nonhousehold member are combined into one wage, the income of the household members shall be determined as follows: (1) If the household's share can be identified, the department shall count that portion due to the household as earned income. (2) If the household's share cannot be identified the department shall prorate the earned income among all those whom it was intended to cover and count that prorated portion to the household. §17-663-83 663-50 (c) Such nonhousehold members shall not be included when determining the size of the household for the purposes of: (1) Assigning a benefit level to the household; (2) Comparing the household's monthly income with the income eligibility standards; or (3) Comparing the household's resources with the resource eligibility limits. [Eff and comp 11/19/05; am and comp 10/07/10] (Auth: HRS §346-14) (Imp: 7 C.F.R. §273.11(d)) §