Haw. Code R. § 17-685-2

Current through September, 2024
Section 17-685-2 - Definitions

For the purposes of this chapter:

"Aid to the aged, blind and disabled" or "AABD" means financial assistance benefits for food, clothing, shelter, and other essentials provided to qualified elderly adults aged sixty-five years and older, or individuals who meet the Social Security Administration definition of blind or disabled.

"Alternate payee" means an adult designated by the household to receive an EBT card.

"Authorized representative" means a person designated in writing by the head of a household, the spouse, or other responsible household member, to act on behalf of a household in applying for program benefits, and in securing and using cash or SNAP benefits. For SNAP benefits, it shall also mean a private nonprofit organization or institution conducting a substance use disorder or alcoholic treatment and rehabilitation center, or a public or private nonprofit group living arrangement whose residents are blind or disabled recipients of benefits under Title II or Title XVI of the Social Security Act (42 U.S.C. §§ 401-433; 1381-1383), which will act on behalf of households who reside at the centers in applying for and obtaining food stamps.

"Benefit" means SNAP, financial assistance or supportive service payment provided to a qualified household unit or an individual member of the qualified household unit.

"Card cloning" means the electronic theft by covertly and illegally duplicating information of a debit, credit or EBT card that is copied onto a blank card or is overwritten onto another card.

"Card skimming" means the electronic theft of information on a debit, credit, or EBT card without the authorization of the card owner, by using a skimmer device to transfer, obtain, or record card information.

"Caretaker" means an adult, or an emancipated minor, who resides with and is responsible for the care of a child, and who is a birth, hanai, foster, or adoptive parent, guardian, permanent custodian, stepparent, or relative who is related to the child by blood, marriage, or adoption, or a person authorized by the caretaker through a power of attorney valid for a period not to exceed twelve months. The caretaker designation may remain even when the caretaker is temporarily absent from the home as long as the caretaker continues to maintain responsibility for the care, education, and financial support of the child. This includes a foster parent who may not be providing financial support to the child but may be receiving support for the child from a private or public agency. This also includes minor teen parents who are birth parents to the child but cannot apply for child care payments themselves and must have an adult apply on their behalf.

"Child care subsidy" means a payment made to low-income parents, guardians, or other responsible parties to pay for the care of a child under the age of thirteen years, or age thirteen years or older if the child has qualifying special needs as defined under federal law.

"Department" or "DHS" means the department of human services, State of Hawaii.

"Electronic benefit transfer" or "EBT" means the computer-based system that processes and distributes authorized financial assistance, SNAP benefit, or supportive service payments in the form of cash, to qualified households from a central computer through an automated teller machine or point-of-sale device.

"Federal fiscal year" means the period of twelve consecutive months from October to September.

"Financial assistance" means cash benefits provided to qualified individuals and families through the aid to the aged, blind, and disabled program, general assistance program, or the federal- or state-funded temporary assistance for needy families program.

"First-to-Work" or "FTW" means the mandatory work program for household units that apply for or receive TANF financial assistance benefits.

"Fraud" means willfully providing a false statement or misrepresentation of a fact or concealing or withholding facts which results in the receipt of a replacement financial assistance, SNAP benefit, or supportive service payment that would not otherwise result without the false statement or withheld facts, or any action by an individual or household unit for the purpose of establishing or maintaining a claim of stolen financial assistance, SNAP benefit, or a supportive service benefit.

"General assistance" or "GA" means the financial assistance benefits for food, clothing, shelter, and other essentials provided to qualified adults ages eighteen through sixty-four years, without minor dependents, who are temporarily disabled and who do not qualify for Social Security benefits.

"Head of the household unit" means the responsible adult member of the recipient household unit who requests a replacement of the household's financial or SNAP benefits or a replacement of a household member's supportive service payment.

"Household unit" means all members and excluded standard filing unit members who reside in the same residence and receive financial or SNAP benefits as one household, or a household with at least one member who receives supportive service payments.

"Supplemental Nutrition Assistance Program" or 'SNAP" means the program that provides food assistance to qualifying low-income and needy households.

"Supportive service payment" means a child care subsidy or FTW program payment issued to an eligible household unit or individual member of the household unit.

"Temporary assistance for needy families" or "TANF" means the federally funded financial assistance benefits provided to qualified families with dependent children under the age of eighteen years.

"Temporary assistance for other needy families" or "TAONF" means the state-funded financial assistance benefits provided to qualified families with dependent children under the age of eighteen years where there is at least one household member that is not a U.S. citizen.

"Timely report" means the report of an electronic benefits theft within thirty calendar days from the date the theft was discovered for financial assistance and supportive service payments; or retroactive up to sixty calendar days after October 1, 2022 for SNAP benefits.

Haw. Code R. § 17-685-2

[Eff 1/25/2024] (Auth: HRS §§ 91-3, 91-4, and 346-14; 42 U.S.C. §§ 601, et seq.; 42 U.S.C. § 618; P.L. 117-328, Title IV, §501) (Imp: HRS §§ 346-14, and 346-151; 45 C.F.R. § 98.2; 45 C.F.R. §§ 260.20, et seq.; P.L. 117-328, Title IV, §501)