HAR §17-676-44. Purpose

The purpose of this subchapter is to describe the persons whose income are considered available for support of applicants and recipients in the financial assistance and food stamp programs. [Eff 3/19/93; am 8/01/94; comp 11/09/06] (Auth: HRS §346-53) (Imp: HRS §346-29) §17-676-45 Availability of income in the financial assistance programs when relatives live in the same household. (a) The income of the husband §17-676-45 676-27 shall be considered available to meet the needs of the wife. (b) The income of the wife shall be considered available to meet the needs of the husband. (c) In family groups in which there are children, income of both parents, natural, legal, hanai, or adoptive, shall be considered available for each other and the support of their children. (d) When the husband, wife, or parent, living in the home, is not included in the financial assistance payment, the department shall determine the amount of available income pursuant to subsections (a), (b), and (c) as follows: (1) Obtain the monthly total earned and unearned income of the individual not included in the financial assistance payment; (2) Deduct the following amounts from the monthly gross earned income: (A) A standard deduction of twenty per cent; and (B) The amount paid for the care of each incapacitated adult living in the same household and included in the financial assistance payment not to exceed $175 if the individual is employed full-time or $165 if the individual is not employed full-time; (3) Deduct the difference between the following standards of assistance: (A) The first standard shall include the needs of the individuals included in the financial assistance payment and the needs of the individual and other individuals not included in the financial assistance payment provided such other individuals are or may be claimed by the individual as dependent for federal income tax purposes and are not being sanctioned or are not excluded due to failure to cooperate §17-676-45 676-28 (B) The second standard shall include only the needs of the individuals included in the financial assistance payment. (C) For the purpose of subparagraphs (A) and (B), the standard of assistance for GA and AABD households shall be as specified in section 17-678-3 and the standard of assistance for TANF households shall be in accordance with the household’s work eligible status as specified in section 17-678-3.1. (4) All of the remaining income shall be considered available to meet the needs of the family. (e) When an individual is excluded from financial assistance due to the individual’s failure to cooperate or comply with an eligibility requirement, the department shall determine the amount of the excluded individual’s income available to the assistance unit pursuant to subsections (a), (b), and (c) and: (1) If the individual is required to be included in the financial assistance unit under sections 17-647-12 or 17-647-13, the individual’s available monthly income shall be determined under sections 17-676-54 or 17-676-54.1. (2) If the individual is not required to be included in the financial assistance unit under sections 17-647-12 or 17-647-13, all of the individual’s monthly income shall be considered available to meet the needs of the assistance unit. (f) For TANF, in the case of a dependent child whose parent is under the age of eighteen, the State shall count as income to the assistance unit the income, after appropriate disregards, of that minor’s own parent living in the same household as the minor and dependent child. The disregards to be applied are the same as are applied to the income of a stepparent pursuant to subsection (g). However, in applying the §17-676-45 676-29 disregards, each employed parent will receive the benefit of the work expense disregard pursuant to subsection (g)(1). (g) The income of a stepparent, living with a stepchild, shall be considered available for the step- child. The following budgeting process shall be used to determine the amount of the stepparent’s income which shall be counted as income for the stepchild: (1) From the monthly gross earned income, deduct a standard deduction of twenty per cent; (2) From the remainder of the stepparent’s income, subtract the amount specified in the department’s standard of need to meet the needs of the stepparent and any other individuals who are living in the home whose needs are not considered in the financial assistance payment, except for sanctioned individuals or individuals who are required to be included in the financial assistance payment but have failed to cooperate, and are being claimed or may be claimed as the stepparent’s dependents for federal income tax purposes; (3) From the remainder of the stepparent’s income, subtract the actual amount paid by the stepparent for individuals not living in the household who are or may be claimed as the stepparent’s federal income tax dependents; (4) Subtract all payments made by the stepparent for alimony and child support for persons not living in the household; and (5) The remaining income shall be deemed available to the assistance unit as follows: (A) When the stepparent enters the home after the first of the month, prorate the remaining income from the date the stepparent entered the home. The same procedure specified in section 17-680- 12(b) shall be used to prorate the deemed income; or §17-676-45 676-30 (B) The stepparent’s total remaining income shall be deemed available to the assistance unit when the stepparent is in the home on the first of the month. (h) The income of a stepparent receiving Supplemental Security Income benefits shall be exempt in determining eligibility for the federally funded TANF category. (i) The assistance unit’s failure to provide information and verification regarding a stepparent’s income, a legal guardian’s income, or a natural, legal, hanai, or adoptive parent’s income shall disqualify the assistance unit from receiving financial assistance. (j) The adult applicant or recipient shall determine whether a common law spouse, who is not the legal, natural or adoptive parent of the children, is willing to provide a voluntary contribution towards household expenses. The adult’s failure to assist in determining whether the common law spouse is willing to contribute towards the adult’s household expenses shall disqualify the adult for financial assistance. (k) The voluntary contributions of a common law spouse shall be counted as income available to the assistance unit. (l)In households in which more than one relationship exists when determining the amount of income to be considered available to a household, the following priority shall be used: (1) The natural, hanai, or legal parent relationship; (2) The step-parent relationship; and (3) The spousal relationship. [Eff 3/19/93; am 3/14/94; am 11/25/94; am 1/25/97; am 9/26/97; am 01/22/02; comp 11/09/06; am 1/13/10] (Auth: HRS §346-53) (Imp: HRS §346-29; 45 C.F.R. §233.20; 42 U.S.C. §602)