Haw. Code R. § 17-1724.1-39

Current through November, 2024

Section 17-1724.1-39 - Exempt unearned income

(a) All non-work related income that is exempt as unearned income include, but are not limited to:

(1) VA benefits that are:

(A) Reduced to $90 for a veteran with no spouse or child and residing in a nursing facility or receiving domiciliary care services furnished by the VA for which the VA makes per diem payments pursuant to 3 8 U.S.C. § 1741(a);

(B) For aid and attendance allowance, housebound allowance; and

(C) Increased or an extra VA payment resulting from unusual medical expenses.

(2) Any payment or relocation assistance received, such as reimbursement or allowances provided to an individual (or spouse) displaced by a State or county-assisted project, under Title II of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 ( 42 U.S.C. § 4636) including, but not limited to:

(A) Moving expenses;

(B) Reimbursement for tangible property losses;

(C) Expenses for pursuing a business or farm;

(D) Displacement allowances;

(E) Amounts required to replace a dwelling exceeding the agency's acquisition cost for a prior dwelling;

(F) Compensation for increased interest costs, expenses for closing costs, and other debt service costs of replacement dwelling (if encumbered by a mortgage);

(G) Rental expenses for displaced tenants;

(H) Amounts for down-payments on replacement housing for tenants who decide to buy;

(I) Mortgage insurance through Federal programs with waiver of requirements of age, physical condition, personal characteristics that borrowers must meet; and

(J) Direct provision of replacement housing(as a last resort);

(3) Cash payments to the assistance unit responsible for payment of the household bills from a non-unit household member of their share of common household expenses;

(4) Per capita payments distributed to or held in trust under 25 U.S.C:

(A) §117b for members of the Hoopa Valley Indian Tribe and the Yurok Indian Tribe;

(B) §§ 459-495(d) for members of the:

(i) Bad River Band of Lake Superior Tribe of Chippewa Indians of Wisconsin;

(ii) Blackfeet Tribe;

(iii) Cherokee Nation of Oklahoma;

(iv) Cheyenne River Sioux Tribe;

(v) Crow Creek Sioux Tribe;

(vi) Lower Brule Sioux Tribe;

(vii) Devils Lake Sioux Tribe;

(viii) Fort Belknap Indian Community;

(ix) Assiniboine and Sioux Tribes;

(x) Lac Courte Oreilles Band of Lake Superior Chippewa Indians;

(xi) Keweenaw Bay Indian Community;

(xii) Minnesota Chippewa Tribe;

(xiii) Navajo Tribe;

(xiv) Oglala Sioux Tribe;

(xv) Rosebud Sioux Tribe;

(xvi) Shoshone-Bannock Tribes; and

(xvii) Standing Rock Sioux Tribe;

(C) §§ 609-609c-1 for members of the Confederated Tribes and Bands of the Yakima Indian Nation or the Apache Tribe of the Mescalero Reservation;

(D) §§ 640-640d for members of the Hopi and Navajo Tribes;

(E) §§ 687-689 for members of the Red Lake Band of Chippewa Indians;

(F) §882 for members' of the Sac and Fox Tribes;

(G) §§ 1261-1265 for members of the Blackfeet and Gros Ventre tribes;

(H) §§ 1401-1407 for members of the Bois Forte Band of Chippewa Indians except for per capita shares in excess of $2,000;

(I) §1408 for members of the San Carlos Apache Indian Tribe of Arizona up to $2,000 per year derived from individual interests in trust or restricted lands;

(J) §1728 (c) for members of the Passamaquoddy Tribe, the Penobscot Nation, or the Houlton Band of Maliseet Indians;

(K) §1774f for members of the Seneca Nation; and

(L) §§ 2301-2307 to heirs of certain deceased Indians under §8 of the Old Age Assistance Claims Settlement Act;

(5) Payments made to or held in trust for certain Native Americans as follows:

(A) San Carlos Apache Indian Tribe of Arizona under §7 of Pub. L. 93-134 and Pub. L. 97-95;

(B) Wyandot Tribe of Indians of Oklahoma under §6 of Pub. L. 97-371;

(C) Shawnee Tribe of Indians (Absentee Shawnee Tribe of Oklahoma, Eastern Shawnee Tribe of Oklahoma, and the Cherokee Band of Shawnee descendants) under §7 of Pub. L. 97-372;

(D) Clallam Tribe of Indians of the State of Washington (Port Gamble Indian Community, Lower Elwha Tribe Community, and the Jamestown Band of Clallam Indians) under §6 of Pub. L. 97-402;

(E) Red Lake Band of Chippewa Indians under §3 Of Pub. L. 98-123;

(F) Saginaw Chippewa Indian Tribe of Michigan under §6 of Pub. L. 99-346;

(G) Cow Creek Band of Umpqua Tribe of Indians under §4 of Pub. L. 99-377;

(H) Santee Sioux Tribe of Nebraska, the Flandreau Santee Sioux Tribe, the Prairie Island Sioux, Lower Sioux, and Shakopee Mdewakanton Sioux Communities of Minnesota under §8 of Pub. L. 99-130 and §7 of Pub. L. 93-134 as amended by Pub. L. 97-458;

(I) Distributions made to a household, an individual Native, or a descendent of a Native by a Native Corporation established in accordance with the Alaska Native Claims Settlement Act ( Pub. L. 92-203 as amended) as provided by Pub. L. 100-241, §15 ( 43 U.S.C. § 1626);

(J) Assiniboine Tribe of Fort Belknap Indian Community of Montana and the Assiniboine Tribe of the Fort Peck Indian Reservation of Montana under §5 of Pub. L. 98-124;

(K) White Earth Band of Chippewa Indians as allottees, or their heirs under §16 of Pub. L. 99-264;

(L) Sac and Fox Indian Nation under §6 of Pub. L. 94-189;

(M) Grand River Band of Ottawa Indians under §6 of Pub. L. 94-540;

(N) Confederated Tribes and Bands of the Yakima Indian Nation or the Apache Tribe of the Mescalero Reservation under §2 of Pub. L. 95-433;

(O) Assiniboine Tribe of Fort Belknap Indian Community and the Papago Tribe of Arizona under §6 and §8 of Pub. L. 94-408;

(P) Chippewas of Lake Superior and the Chippewas of the Mississippi under §6 of Pub. L. 99-146 or §4 of Pub. L. 99-3 77;

(Q) Delaware Tribe of Indians and the absentee Delaware Tribe of Western Oklahoma under §8 of Pub. L. 96-318;

(R) Miami Tribe of Oklahoma and the Miami Indians of Indiana under §7 of Pub. L. 97-376;

(S) Pembina Chippewa Indians (Turtle Mountain Band of Chippewa Indians, Chippewa Cree Tribe of Rocky Boy's Reservation, Minnesota Chippewa Tribe, Little Shell Band of the Chippewa Indians of Montana, and the non-member Pembina descendants) under §9 of Pub. L. 97-403;

(T) Confederated Tribes of the Warm Springs Reservation up to $2,000 under §4 of Pub. L. 97-436;

(U) Wyandotte Tribe of Oklahoma and the Absentee Wyandottes under §106 of Pub. L. 98-602;

(V) Seminole Nation of Oklahoma, the Seminole Tribe of Florida, the Miccosukee Tribe of Indians of Florida and the independent Seminole Indians of Florida under §8 of Pub. L. 101-277;

(W) Indian judgment funds under Pub. L. 93-134, as amended by Pub. L. 97-458 ( 25 U.S.C. § 1407);

(X) Wisconsin Band of Potawatomi(Hannahville Indian Community and Forest County Potawatomi) under §503 of Pub. L. 100-581;

(Y) Passamaquoddy Tribe, Penobscott Nation, and the Houlton Band of Maliseet Indians under the Maine Indian Claims Settlement Act under §9 of Pub. L. 96-420 ( 25 U.S.C. § 1728(c) );

(Z) Michigan Indian Land Claims Settlement Act under Pub. L. 105-143 and §4 of the Cowlitz Indian Tribe Distribution of Judgment Funds Act under Pub. L. 108-222;

(AA) Shoalwater Bay Indian Tribe under §5 of Pub. L. 98-432;

(BB) Coushatta Tribe of Louisiana under §2 of Pub. L. 100-411 and §7 of Pub. L. 93-134 as amended by Pub. L. 97-458 ( 25 U.S.C. § 1407);

(CC) Hoopa Valley Indian Tribe and the Yurok Indian Tribe under §§4, 6, and 7 of Pub. L. 100-580 and §3 of Pub. L. 98-64;

(DD) Red Lake Band of Chippewa Indians from the sale of timber and lumber on the Red Lake Reservation under §3 of Pub. L. 85-794;

(EE) Blackfeet and GrosVentre by the Blackfeet and GrosVentre tribal government resulting from judgment funds under §4 of Pub. L. 92-254 and under §6 of Pub. L. 97-408;

(FF) Under §102 of the Fallon Paiute Shoshone Indian Tribes Water Rights Settlement Act of 1990 under Pub. L. 101-618 and §7 of Pub. L. 93-134 as amended by Pub. L. 97-458 ( 25 U.S.C. § 4107);

(GG) Seneca Nation of New York under §8(b) of the Seneca Nation Settlement Act of 1990, Pub. L. 101-503 ( 25 U.S.C.§ 1774f);

(HH) Pueblo of Santa Ana and distributed to members of that tribe under §6 of Pub.L. 95-498; and the Pueblo of Zia of New Mexico and distributed to members of that tribe under §6 of Pub. L. 95-499;

(II) Certain Indian tribes under §6 of Pub.L. 94-114 ( 25 U.S.C. § 459e);

(JJ) Hopi and Navajo Tribes under §22 of Pub. L. 93-531 as amended by Pub. L. 96-305;

(KK) Puyallup Tribe under §10 of the Puyallup Tribe Indians Settlement Act of 1989, Pub. L. 101-41 ( 25 U.S.C.§ 17734(c));

(LL) Catawba Indian Tribe of South Carolina under §11(m) of Pub. L. 103-116;

(MM) Confederated Tribes of the Colville Reservation under §7(b) of Pub. L. 103-436;

(6) Judgment funds distributed per capita to or made available for members of the:

(A) Grand River Band of Ottawa Indians;

(B) Delaware Tribe of Indians and the absentee Delaware Tribe of Western Oklahoma;

(C) Wyandot Tribe of Indians of Oklahoma;

(D) Shawnee Tribe of Indians (Absentee Shawnee Tribe of Oklahoma, the Eastern Shawnee Tribe of Oklahoma, and the Cherokee Band of Shawnee descendants);

(E) Miami Tribe of Oklahoma and the Miami Indians of Indiana;

(F) Clallam Tribe of Indians of the State of Washington (Port Gamble Indian Community, Lower Elwha Tribal Community and the Jamestown Band of Clallam Indians);

(G) Pembina Chippewa Indians (Turtle Mountain Band of Chippewa Indians, Chippewa Cree Tribe of Rocky Boy's Reservation, Minnesota Chippewa Tribe, Little Shell Band of the Chippewa Indians of Montana, and the nonmember Pembina descendants);

(H) Assiniboine Tribe of Fort Belknap Indian Community and the Papago Tribe of Arizona under §§6 and 8(d) of Pub. L. 97-408;

(I) Confederated Tribes of the Warm Springs Reservation up to $2,000 each;

(J) Red Lake Band of Chippewa Indians;

(K) Assiniboine Tribe of Fort Belknap Indian Community of Montana and the Assiniboine Tribe of the Fort Peck Indian Reservation of Montana or family interest payments;

(L) Shoalwater Bay Indian Tribe;

(M) Wyandotte Tribe of Oklahoma and the Absentee Wyandottes;

(N) Chippewas of Lake Superior and the Chippewas of the Mississippi under §4 of Pub. L. 99-377 or under §6 of Pub. L. 99-146;

(O) White Earth Band of Chippewa Indians as allottees, or their heirs;

(P) Saginaw Chippewa Indian Tribe of Michigan;

(Q) Cow Creek Band of Umpqua Tribe of Louisiana;

(R) Wisconsin Band of Potawatomi, Hannahville Indian Community and Forest County Potawatomi;

(S) Seminole Nation of Oklahoma, the Seminole Tribe of Florida, the Miccosukee Tribe of Florida and the independent Seminole Indians of Florida;

(T) Catawba Indian Tribe of South Carolina;

(U) Confederated Tribes of the Colville Reservation; or under the Michigan Indian Land Claims Settlement Act or Cowlitz Indian Tribe Distribution of Judgment Funds Act;

(7) Payments made to volunteers under the National and Community Service Trust Act of 1993 ( 42 U.S.C. § 5044(f)) including the following programs under 42 U.S.C:

(A) Volunteers in Service to America (AmeriCorps VISTA) §§ 4951-4960;

(B) Special Volunteer Programs §§ 4991-4993;

(C) Retired and Senior Volunteer Program (RSVP) §5001;

(D) Foster Grandparent Program §5011; and

(E) Senior Companion Program §5013;

(8) Payments made to volunteers, including the Service Corps of Retired Executives (SCORE) and the Active Corps of Executives (ACE) to provide technical, managerial, and informational aids to small business concerns ( 15 U.S.C. § 637);

(9) Foster care maintenance, kinship guardianship, and subsidized adoption payments to licensed caregivers for the provision of care and supervision to eligible children;

(10) Housing and Urban Development (HUD) retroactive tax and utility cost subsidy payments issued pursuant to Underwood v. Harris, (Civil No. 76-0469 D.D.C.) against HUD to applicants and recipients of financial assistance shall be disregarded as income in the month received;

(11) Supplemental Security Income and State Supplementary Payment benefits of non-institutionalized individuals for whom the post-eligibility treatment of income does not apply;

(12) Reparation payments provided to certain individuals of Japanese ancestry and Aleuts for losses suffered as a result of evacuation, relocation, and internment during World War II under the Civil Liberties Act of 1988 and the Aleutian and Pribilof Islands Restitution Act;

(13) Effective January 1, 1989, all Agent Orange Settlement payments to include payments from the Agent Orange Settlement Fund or any other fund established pursuant to the settlement of the In re Agent Orange Product Liability Litigation;

(14) Effective August 1, 1994, payments made to victims of Nazi persecution under the Victims of Nazi Persecution Act;

(15) Payments received under the Radiation Exposure Compensation Trust Fund established under the Radiation Exposure Compensation Act (RECA) to compensate an individual for injuries or death resulting from the exposure to radiation from nuclear testing or uranium mining under the National Defense Authorization Act for Fiscal Year 1991 and the Radiation Exposure Compensation Act Amendments of 2000 and succeeding amendments;

(16) Assistance payments received under the Robert T. Stafford Disaster Relief and Emergency Assistance Act or under any Federal statute as a result of a catastrophe which is declared by the President of the United States, state or local government agency or disaster assistance organizations;

(17) Crime Victim Compensation payments issued pursuant to the Victims of Crime Act of 1984 to victims of certain crimes or dependents of deceased victims include, but are not limited to, compensation paid by Hawaii's Crime Victim Compensation Commission;

(18) Payments received from any fund as a result of the settlement in the case of Susan Walker v. Bayer Corporation, et al. , to compensate an individual who contracted the human immunodeficiency virus (H.I.V.) from contaminated blood products pursuant to Title IV, section 4735 of the Balanced Budget Act of 1997 ( Pub. L. 105-33);

(19) Payments received from the Ricky Ray Hemophilia Relief Fund Act of 1998 under Pub. L. 105-369 to compensate an individual with a hemophilia-clotting disorder who was treated with blood-clotting agents and contracted the H.I.V.;

(20) VA benefits received by or on behalf of certain natural children of:

(A) Vietnam veterans and Korean service veterans born with spina bifida under §421 of Pub. L. 104-204 and §102 of Pub. L. 108-183, respectively; and

(B) Women Vietnam veterans born with certain birth defects that results in permanent physical or mental disability under §401 of Pub. L. 106-419;

(21) Payments made to certain individuals under:

(A) §606 of Pub. L. 105-78 who were captured and interned by North Vietnam; or

(B) §657(d)(2) of Pub. L. 104-201 who were captured and incarcerated by the Democratic Republic of Vietnam after entering Vietnam under OPLAN 34A, or Laos under OPLAN 35, pursuant to certain Vietnamese commando operations;

(22) State annuities paid to a certain individual or the individual's spouse on the basis that the individual is an aged, blind, or disabled veteran under §202 of P.L. 110-245;

(23) Payment issued to eligible Filipino veterans who aided American troops during World War II that were established by the Filipino Veterans Equity Compensation Fund (FVECF) under the American Recovery and Reinvestment Act of 20 09. Filipino veterans who are U.S. citizens are entitled to a one-time payment of $15,000 while non-U.S. citizen veterans are entitled to a one-time payment of $9,000. Surviving widows of Filipino veterans who filed for the FVECF payments prior to the Filipino veteran's death may also receive these payments on their spouse's behalf; and

(24) Austrian social insurance payments granted exclusively under paragraphs 500 to 506 of the Austrian General Social Insurance Act;

(b) The following unearned incomes are not considered when determining countable income in the post-eligibility process:

(1) Restitution payments made under Pub. L. 100-3 83 for the evacuation, relocation, and internment to an eligible Japanese-American citizen or permanent resident non-citizen of Japanese ancestry under §105 of the Civil Liberties Act of 1988 and to an eligible Aleut under §206 of the Aleutian and Pribilof Islands Restitution Act;

(2) Reparation payments made under Pub. L. 103-286 by the Netherlands' Act on Benefits for Victims of Persecution 1940-1945, to a persecuted victim during the Nazi occupation of the Netherlands and the Dutch East Indies during World War II;

(3) Payments made under Pub. L. 101-239 from the Agent Orange Settlement Fund or any other fund established pursuant to the settlement in the In re Agent Orange Product Liability Litigation, M.D.L. No. 381 (E.D.N.Y.); and

(4) Compensation payments made under Pub. L. 101-239 from the Radiation Exposure Compensation Trust Fund to an individual exposed to radiation during nuclear testing from 1944 to 1972 or exposed to radon while employed in uranium mines or mills from 1942 to 1971, and to atomic veterans who contracted specified cancers and other specified diseases as a direct result of exposure. The Radiation Exposure Compensation Act expanded benefits also to an on-site participant in atmospheric nuclear tests.

Haw. Code R. § 17-1724.1-39

[Eff 09/30/13] (Auth: HRS § 346-29; 20 C.F.R. §§416.1121, 416.1121(a), 416.1124; 42 C.F.R. §§435.601, 435.631 ); 45 C.F.R. §233.20) (Imp: HRS § 346-29; 20 C.F.R. §§416.1121, 416.1121(a), 416.1124; 42 C.F.R. §§435.601, 435.631 ); 45 C.F.R. §233.20)

[Am and Comp 11/10/2016] (Auth: HRS §§ 346-14, 8 U.S.C. §§ 1631, 1632; 38 U.S.C. §5503; 42 U.S.C. §§1396r-5; Pub. L. No. 97-248; Pub. L. No. 108-203)