Current through September, 2024
Section 17-676-74 - Determining deductions(a) Deductible expenses shall include only certain costs of dependent care, shelter, child support, and medical costs.(b) An expense paid by an excluded reimbursement or vendor payment such as government rent, utility reimbursements made by the Department of Housing and Urban Development (HUD) and Farmers Home Administration (FmHA), or child care subsidy shall not be deductible. Any portion of the expense not covered by the vendor payment or reimbursement is deductible.(c) Expenses shall only be deductible if the service is provided by a person outside the food stamp household and the household makes a money payment for the service. Expenses shall not be deductible if compensation paid by the household for the service is paid through an in-kind benefit such as food or lodging in exchange for child care. An expense covered by an excluded reimbursement or vendor payment shall not be deductible. For example, the portion of rent covered by excluded vendor payments shall not be calculated as part of the household's shelter cost.(d) Unless an expense is averaged, an expense shall be allowed only in the month it becomes due regardless of when the household intends to pay the expense. Amounts which are past due shall not be deductible even if included with the most recent billing and which are actually paid by the household. A particular expense shall only be deducted once. (1) Recurring monthly deductible expenses such as rent and utility cost shall be allowed once a month. Interim adjustment need not be made because two bills were received in the same month. For example, if a household certified from August through October is billed for electricity in August, in early September for September, and again in late September for October, the household shall be allowed a deduction for each of the three months from August through October.(2) If a renter or boarder has agreed with the landlord to pay certain utility costs, but the utilities are billed in the landlord's name, the household shall be allowed a deduction for the utility costs which are paid to the landlord. Although the household is not billed for the expense, the expense is otherwise due. When two households reside in the same home, share utility expenses, and only one household is billed for the utility expenses, both households may claim utility expenses since both pay for utilities.(e) During the household's initial certification and recertification interviews, the household members, who are eligible to claim the excess medical expense deduction, shall report and verify all medical expenses. The household's monthly medical deduction for the certification period shall be based on the information reported and verified by the household. The household shall be allowed to give a reasonableestimate of its medical expenses that are expected to be incurred during the course of the household's certification period. The estimated amount should be based upon available information about the member's medical condition, public or private medical insurance coverage, and the current verified medical expenses incurred by the household member. The households that give such an estimate shall not be required to file reports about its medical expenses during the certification period.(f) The department shall calculate the household's expenses based on what the household expects to be billed during the certification period. Anticipation of the expense shall be based on the most recent month's bills unless the household is reasonably certain a change will occur. When the household is not claiming the utility standard, the actual utility cost shall be verified, then projected for the certification period.[Eff 2/07/94; am 12/9/94; am 10/13/95; am and comp 11/09/06] (Auth: HRS § 346-14) (Imp: 7 C.F.R. §§273.10(d) )
§ 17-676-72 is based substantially upon § 17-718.1-14. [Eff 12/27/86; am 12/24/90; R 3/19/93]