HAR §17-683-13. Computing the amount to be restored

After correcting the loss for future months and excluding those months for which benefits may have been lost prior to the twelve month time limit described in section 17-683-10, the branch shall calculate the amount to be restored as follows: (1) If the error resulted in an incorrect allotment when the household was eligible, the loss of benefits shall be calculated only for the months in which the household participated. The amount to be restored shall be the difference between the allotment the household received and the correct allotment the household should have received; or (2) If the loss was caused by an incorrect delay, denial, or termination of benefits, §17-683-13 683-10 the months affected by the loss shall be calculated as follows: (A) If an eligible household's application was erroneously denied, the month the loss initially occurred shall be the month of application, or for an eligible household filing a timely reapplication, the month following the expiration of its certification period shall be the month the loss initially occurred; or (B) If an eligible household's application was delayed, the months for which benefits may be lost shall be calculated in accordance with procedures specified in chapter 17-647 for determining whether the delay was caused by the household or by the branch; or (2) If a household's benefits were erroneously terminated, the month the loss initially occurred shall be the first month benefits were not received as a result of the erroneous action; and (4) After computing the date the loss initially occurred, the loss shall be calculated for each month subsequent to that date until either the first month the error is corrected or until the first month the household is found ineligible. [Eff 3/19/93; comp 11/19/05] (Auth: HRS §346-14) (Imp: 7 C.F.R. §273.17(d)) §17-683-14 Determination and calculation of benefits. (a) For each month affected by the loss, the branch shall determine if the household was actually eligible. If eligibility cannot be determined by using the household's case file, the branch shall advise the household of what information must be provided to determine eligibility for these months. The household shall be considered ineligible §17-683-16 683-11 for any month for which eligibility cannot be established. (b) For the months the household was eligible, the branch shall calculate the allotment the household should have received. The difference between the actual allotment received, if any, and the correct allotment shall be the amount to be restored. (c) If a claim against a household is unpaid or is held in suspense, the amount to be restored shall be offset against the amount due on the claim before the balance, if any, is restored to the household. At the time when the household is certified and receives an initial allotment, the initial allotment shall not be reduced to offset claims, even if the initial allotment is paid retroactively. [Eff 3/19/93; comp 11/19/05] (Auth: HRS §346-14) (Imp: 7 C.F.R. §273.17(d))