Current through September, 2024
Section 17-683-55 - Calculating the claim amount(a) For claims not related to trafficking: (1) The branch shall calculate a claim back to at least twelve months before the date the overpayment was discovered. For an IPV claim, the branch shall calculate a claim back to the month the act of IPV occurred. For all claims, the branch shall exclude any amounts that occurred more than seventy-two months before the date the overpayment was discovered.(2) The branch shall calculate the claim as follows: (A) Determine the correct amount of benefits for each month that a household received an overpayment;(B) If the claim is an IHE or IPV claim, do not apply the earned income deduction to that part of any earned income that the household failed to report in a timely manner when this act is the basis for the claim;(C) Subtract the correct amount of benefits from the benefits actually received to determine the amount of the overpayment; and(D) If aware of any EBT expunged benefits, reduce the overpayment amount by any EBT benefits expunged from the household's EBT benefit account. The difference is the amount of the claim.(b) For claims arising from trafficking related offenses, the value of the trafficked benefits shall be determined by: (1) The individual's admission;(3) The documentation that forms the basis for the trafficking determination.[Eff and comp NOV 19 2005] (Auth: HRS § 346-14) (Imp: 7 C.F.R. §273.18(c)(1) and (2) )