Current through September, 2024
Section 17-1724.1-56 - Determining monthly net income Monthly net income used in determining eligibility for a MAGI-excepted individual or household shall be determined in the following order:
(1) Determine unearned income according to subchapter 5;(2) Determine earned income according to subchapter 4;(3) Deduct $20, first from unearned income and any remainder from earned income;(4) If employed and aged, blind, or disabled, deduct $65 from the gross earned income;(5) Exclude impairment-related work expenses (IRWE) from the earned income of a disabled, but not blind, individual who is under age sixty-five years or who received SSI disability benefits prior to attaining age sixty-five years, if the items or services are required to enable a disabled individual to work. The IRWE must be: (A) Paid in the same month of the earned income in which the services were received or item used;(B) Reasonable in cost, paid by the disabled individual, and is not reimbursable from another source; and(C) Necessary and not covered by Medicare or Medicaid include, but are not limited to,_ the costs of: (i) Attendant care services; (ii) Drugs and medical devices; (iii) Expendable medical supplies; (v) Durable medical equipment;(vi) Other work-related items and services; (viii) Prosthetic and orthotic appliances; (ix) Structural modifications to the individual's home to create a work space or to allow the individual to get to and from work; (x) Training to use an impairment related item attributable to work; (xi) Transportation to and from work; and (xii) Vehicle modification;(6) Exclude blind work expenses (BWE) in any amount attributable to employment paid by a blind individual who is under age sixty-five years or who received SSI benefits due to blindness prior to attaining age sixty-five years. The amount of expenses excluded shall not exceed the earnings of the blind recipient for the month. The BWE shall be excluded in addition to expenses excluded as an IRWE and are related to: (A) Federal, state and local income taxes and Social Security and Medicare taxes;(B) Licenses, professional association or union dues;(C) Mandatory pension contributions attributable to earning income; and(D) Actual value of meals consumed during work hours;(7) If employed and age sixty-five years or older, blind or disabled, deduct one-half of the remainder of the earned income;(8) Any income remaining shall be rounded down to the whole dollar and countable as the monthly net income; and(9) If blind or disabled, exclude any remaining income if needed to fulfill a plan to achieve self support (PASS). The PASS must be approved by Social Security Administration or approved by the Med-QUEST Division if developed by the department's vocational rehabilitation services. Haw. Code R. § 17-1724.1-56
[Eff 09/30/13] (Auth: HRS § 346-14; 42 C.F.R. §431.10, 435.831) (Imp: 42 C.F.R. §435.831) [Eff 09/30/13, Am and Comp 11/10/2016] (Auth: HRS § 435.601,435.631) (Imp: HRS § 435.601, 435.631, 435.831)