Section 17-663-82.2 - Ineligible aliens(a) The branch shall determine the eligibility and benefit level of any remaining household members of a household containing ineligible aliens as follows: (1) All of the ineligible aliens' income shall be counted for purposes of applying the gross income test to determine eligibility for the remaining eligible household members.(2) All of the ineligible aliens' resources shall be counted in their entirety and applied to the remaining eligible household members.(3) A pro rata share of the income of the ineligible aliens shall be counted as income to the remaining eligible household members. The pro rata share shall be calculated by first subtracting the allowable exclusions from the ineligble aliens' income and dividing the income evenly among all the household members, including the ineligible aliens. All but the ineligible aliens' share shall be counted as income for the remaining eligible household members.(4) If the prorated income attributed to the household is earned income, the twenty per cent earned income deduction shall be applied to the prorated income.(5) That portion of the household's allowable shelter, child support, and dependent care expenses which are either paid by or billed to the ineligible alien members shall be divided evenly among all the household's members, including the ineligible aliens. All but the ineligible aliens' share shall be counted as a deductible shelter, child support, or dependent care expense for the remaining eligible household members.(b) The ineligible aliens shall not be included when determining the household's size for the purposes of: (1) Assigning a benefit level to the household;(2) Comparing the household's monthly income with the income eligibility standards; or(3) Comparing the household's resources with the resource eligibility limits.(c) The branch shall compute the income of the ineligible aliens using the income definition and exclusions in chapter 17-676.(d) For purposes of subsection (a), the branch shall not include the resources and income of the sponsor and the sponsor's spouse in determining the resources and income of ineligible sponsored aliens.Haw. Code R. § 17-663-82.2
[Eff comp 11/19/05; am and comp OCT 07 2010] (Auth: HRS § 346-14) (Imp: 7 C.F.R. §273.11(c)(3) )