HAR §17-676-2. Definitions

As used in this chapter: “Dependent care deduction” means an amount, not to exceed the established maximum, that is deducted from the earned income of a household member who is entitled to receive earned income disregards as specified in this chapter, for the care of an incapacitated adult who is living in the same household and receiving financial assistance. “Domestic violence victim” means an individual who has been battered or otherwise subjected to extreme cruelty. Acts which constitute domestic violence include but are not limited to the following: (1) Physical acts that resulted in, or threatened to result in, physical injury; (2) Sexual abuse; §17-676-2 676-6 (3) Sexual activity involving a dependent child; (4) Nonconsensual sexual acts; (5) Threats of, attempts at, physical or sexual abuse; (6) Mental or emotional abuse; (7) Medical care deprivation or neglect; or (8) Stalking. “Earned income” means cash received or available to be received by the family which require some activity on the part of the family to produce. Examples of earned income include, but shall not be limited to, wages, jury duty income excluding reimbursement for transportation and meals; and self- employment income from the sale of blood, blood plasma, and parts of the body. “Earned income disregard” means the portion of an individual’s earned income which the department shall not budget or consider in determining the amount of financial assistance payment. “Full-time employed” means an individual: (1) In the financial assistance program who is employed a minimum of thirty two hours a week or one hundred thirty eight hours a month; (2) In the food stamp program, who is employed or self-employed and working a minimum of thirty hours weekly or receiving weekly earnings equal to the federal minimum wage multiplied by 30 hours. “Lump sum income" means income received or available to be received by an individual that would not normally be repeated. For financial assistance only, lump sum income may be paid in one or several payments, provided there is a set amount owed to the individual, the purpose of the payments is to liquidate the amount owed, and the payments are never intended to be of a continuous nature. Examples of lump sum income include but shall not be limited to annual tax refunds defined as income, retroactive §17-676-3 676-7 social security benefits, retroactive earned income, insurance settlements, or intermittent income. “Student” means a child: (1) In the financial assistance programs, under age nineteen enrolled in a public or private elementary, secondary school, or in a program of an equivalent level of vocational or technical training, and a child under eighteen years of age attending a post secondary institute, such as a college, vocational school, or technical trade institute; (2) In the food stamp program, under age eighteen who is enrolled at least half-time in any recognized school. “Unearned income” means cash received or available to be received by the family which are not classified as earned income. “Work participation requirements” means the mandatory work requirements of section 407 of the Social Security Act, 42 U.S.C. §607. [Eff 3/19/93; am 8/1/94; am 7/16/99; am 01/22/02; am 9/18/06; am and comp 11/09/06] (Auth: HRS §346-53) (Imp: HRS §§346- 53, 346-71; 45 C.F.R. §§233.20, 233.90) SUBCHAPTER 2 EARNED INCOME