HAR §17-676-13. Entitlements to military personnel

The following are allowances available to military personnel on active duty: (1) Basic allowance for housing, often referred to as quarters allowance, paid to military personnel who are residing in government quarters or in off base housing. This benefit is shown under the entitlements section of the leave and earnings statement §17-676-13.1 676-11 as BAH. Basic allowance for housing (BAH) is considered earned income. (2) Basic allowance for subsistence, often referred to as separate rations, paid to military personnel who do not have all meals at the military mess halls because the military personnel are living in nongovern- ment quarters or do not have access to a military mess hall. This allowance is shown on the leave and earnings statement under the entitlements section as BAS. The basic allowance for subsistence (BAS) is counted as earned income. (3) Clothing maintenance allowance often referred to as clothing allowance. This allowance is shown on the leave and earnings statement under the entitlements section as CMA. The clothing maintenance allowance is considered an excluded reimbursement in accordance with section 17-676-80 for the financial assistance programs and section 17-676-93 for the food stamp program. [Eff 3/19/93; am 08/01/94; am and comp 11/09/06] (Auth: HRS §346-53) (Imp: 7 C.F.R. §273.9(b) and (c); 45 C.F.R. §233.20; HRS §§346-14, 346-29) §17-676-13.1 Worker’s compensation benefits and temporary disability insurance benefits as earned income. (a) Temporary disability insurance benefits shall be counted as earned income if they are employer funded and made to individuals who continue to be considered employees of the company. (b) Worker’s compensation benefits shall be counted as earned income for financial assistance if they are employer funded and made to individuals who continue to be considered employees of the company. [Eff 1/30/95, comp 11/09/06] (Auth: HRS §346-53) (Imp: HRS §346-39; 7 C.F.R. §233.9(b); 45 C.F.R. §233.20) §17-676-14 676-12 §17-676-14 Other earned income that are countable for the food stamp program. Other earned income considered countable for the food stamp household shall include: (1) Wage advances at the time received and shall be excluded when deducted from the wages; (2) Payments from a roomer or boarder. These payments shall also be considered self- employment income for allowing both the cost of doing business and the earned income deduction; (3) That portion of the cash compensation a household receives for providing meals to the individual that exceeds the cost of producing the meals. Persons who receive meals but not lodging shall not be considered boarders; (4) Wages earned by a household member that are garnished or diverted by an employer, and paid to a third party for a household’s expenses, such as rent. However, if the employer pays a household’s rent directly to the landlord in addition to paying the household its regular wages the rent payment shall be excluded as a vendor payment. In addition, if the employer provides housing to an employee, the value of the housing shall not be counted as income; (5) The earned income of an individual disqualified from the household for intentional program violation or for failure to comply with the work registration or employment and training requirements; (6) The earned income of an individual disqualified from the household for failing to comply with the requirement to provide an SSN or for being an ineligible alien, less the prorata share for the individual; (7) Payments under Title I (VISTA, University Year for Action, etc.) of the Domestic Volunteer Service Act of 1973, excluding §17-676-21 676-13 payments made to those households specified in section 17-676-91(5); and (8) Residuals based upon a contractual agreement where payments are made to the performer or writer for each rerun after an initial showing are considered a deferred commission based on work performed; and (9) Profit sharing payments shall be treated as earned income if the individual is still employed at the time of the profit sharing payment and the payment is made by the same employer. If the individual receives the profit sharing payment after terminating employment from the employer funding the profit sharing payment and the individual receives the payment on a regular or periodic basis, then the income shall be counted as unearned income. [Eff 4/7/94; am 2/10/97; comp 11/09/06] (Auth: HRS §346-14) (Imp: 7 C.F.R. §273.9(b)) §