HAR §17-683-2. Definitions

As used in this chapter: §17-683-2 683-4 "Administrative error" means an error attributable to the department staff such as calculating, clerical, procedural, typing, misapplication of policy, failure to take action, or using the wrong benefit amount table. "Agency error claim" means a food stamp claim established against households for an overpayment which was caused by department action or failure to take action; or, in the case of categorical eligibility, an action by an agency of the State which resulted in the household's improper eligibility for AFDC provided a claim can be calculated based on a change in net income or household size, or both. "Assistance unit" means persons whose needs, income, and assets are considered in determining eligibility for and the amount of financial assistance payment. "Benefit drawdown amount" means the remaining benefit balance in the EBT account. "Budget month" means the calendar month from which the department shall use income to compute the amount of benefit issued. "Claim determination" means a decision made by the branch regarding the basis, the amount, and liability, if warranted, for the overpayment of food stamps. "EBT" means Electronic Benefit Transfer. "FNS" means the Food and Nutrition Service of the U. S. Department of Agriculture. "Inadvertent household error claim" means a food stamp claim established against households for overpayments caused by: (1) a misunderstanding or unintended error on the part of the household; (2) a misunderstanding or unintended error on the part of a categorically eligible household provided a claim can be calculated based on a change in net income or household size, or both; or §17-683-2 683-5 (3) social security administration action of failure to take action which resulted in the household's categorical eligibility provided a claim can be calculated based on a change in net income or household size, or both. "Initial allotment" means the total value of food stamp coupons a household is authorized to receive from the month of application up to the month the branch authorizes the benefits. "Misunderstanding of the program with no intent to defraud" is a situation where the participant did not understand the program provisions or where the participant's lack of education or language skills was a factor in improper reporting of eligibility factors. "Nonsettling" means the item or dollar value of the item that is not used by the EBT contractor when reconciling the settlement process of the daily EBT transactions. The normal settling functions include, but are not limited to, settlements for third party processors, networks, and EBT only retailers; FNS drawdown and reconciliation transmission; State cash program settlement and reconciliation transmission; and EBT system reconciliation and balance processing. The nonsettling items include benefits that are expunged, applied to repay overpayments owed by the household and food stamps that are converted to cash. "Offsetting" means the process of reducing the amount of benefits to be restored to satisfy an outstanding overpayment against the household. "Overpayment" means the amount of benefits issued to a household in excess of the amount it was actually entitled to receive by regulation. "Payment month" means the calendar month for which the department shall provide benefits. "Program loss" means coupons issued to or obtained by a household to which the household was not entitled. "Retroactive payment" means the food stamp benefit issued to a household for the month in which an application is filed when the determination of eligibility is made in a subsequent month on either a timely or untimely basis. §17-683-2 683-6 "Report month" means the calendar month following the budget month."Restored benefits" means the food stamp benefit issued to a household whenever benefits for a prior period were not given or were lost because of an error by the branch. "Underpayment" means the amount of benefits which is less by any sum the amount of benefits which the household was entitled to receive for the month. [Eff 3/19/93; am 9/26/97; am 01/22/02; am and comp 11/19/05] (Auth: HRS §346-14) (Imp: 7 C.F.R. §§273.18(a), 271.2; 42 U.S.C. §§601-603; HRS §§346-34, 346-35, 346-37, 346-44) SUBCHAPTER 2 FINANCIAL ASSISTANCE UNDERPAYMENTS