Section 17-798.2-10 - Income considered in eligibility determination(a) Monthly gross income shall be used to determine income eligibility of the family unit, except for individuals identified in subparagraphs 17-798.2-9(b)(1)(A) and (B), by using one of the following: (1) The average of the prior two months gross income for existing employment;(2) The monthly gross income received in the prior month for existing employment; or(3) The monthly gross income that is anticipated to be received from prospective employment. (A) Weekly gross income anticipated to be received shall be converted to a monthly gross income by multiplying the weekly income by 4.3333.(B) Bi-weekly gross income anticipated to be received shall be converted to monthly income by multiplying the bi-weekly income by 2.1667.(b) Monthly gross income means monthly sums of income received from sources such as but not limited to: (1) Gross income (before deductions are made for items such as, but not limited to, taxes, union dues, bonds, and pensions) from: (C) Armed forces pay, excluding basic housing allowance;(F) Piece-rate payments; or(2) Social security pensions and survivors" benefits (prior to deductions for medical insurance) including: (A) Railroad retirement insurance checks from the U.S. government; and(B) Permanent disability insurance payments made by the Social Security Administration;(3) Unemployment insurance benefits such as:(A) Compensation received from government unemployment insurance agencies or private insurance companies during periods of unemployment; and(B) Any strike benefits received from union funds;(4) Worker's compensation benefits and temporary disability insurance benefits: (A) Worker's compensation benefits include compensation received from private or public insurance companies for injuries incurred at work;(B) Temporary disability insurance benefits include compensation received from private or public insurance companies for short-term disabilities resulting from off-the-job sickness or injury; and(C) The cost of the insurance shall have been paid by the employer and not by the employee, and the benefits are made to individuals who continue to be considered employees of the company;(5) Pensions and annuities, including pensions or retirement benefits paid to a retired person or the person's survivors by a former employer or by a union, either directly or by an insurance company;(6) Veteran's pensions and other benefits, which include: (A) Money paid periodically by the Veteran's Administration to: (i) Survivors of deceased veterans; or (ii) Disabled members of the armed forces;(B) Subsistence allowances paid to veterans for: (ii) On-the-job training; and(C) Refunds paid to former members of the armed forces as GI insurance premiums;(7) An allotment of a member of the armed forces;(10) Public assistance payments from another state;(11) Hawaii public assistance payments;(12) Adoption assistance payments;(13) Dividends from stockholdings or memberships in associations;(14) Periodic interest on savings or bonds;(15) Income from estates or trust funds;(16) Income from rental of property after business expenses;(18) Income received from self-employment: (A) To be considered self-employed, the individual shall: (i) Generate income equivalent to eighteen hours per week multiplied by 4.3333 weeks multiplied by State minimum wage at the time of eligibility and in each subsequent month. The department shall determine the number of hours a week the family spends in self-employment activities. When the family is working at least eighteen hours per week and receives income from the sale of goods and services, the department calculates qualifying earned income from self-employment by multiplying the hourly State minimum wage and the number of hours spent monthly in self-employment activities. The product of this computation must be equal to or greater than State minimum wage multiplied by eighteen hours per week multiplied by 4.3333 weeks to qualify the applicant. This must be considered first as monthly earned income when determining eligibility for child care payments as a self-employed individual;(ii) Not be subject to discharge from the job by another person;(iii) Report income to the Internal Revenue Service and the State as a self-employed person;(iv) Meet social security requirements as a self-employed person and pay employer's and employee's share of social security taxes; and(v) Not be considered an employee of an agency or organization.(B) Income received from non-farm self-employment means the gross receipts minus expenses for an individual's own business, professional enterprise, or partnerships. (i) Gross receipts shall include the value of all goods sold and services rendered.(ii) Expenses shall include the costs of goods purchased, rent, heat, light, power, depreciation charges, wages and salaries paid, business taxes, and other similar costs.(iii) The value of salable merchandise consumed by the proprietors of retail stores shall not be included as part of net income.(iv) Items such as depreciation, personal, business and entertainment expenses, transportation, purchase of capital equipment, and payments on the principal of loans for capital assets or durable goods shall not be deducted as business expenses. Personal expenses such as lunches and transportation to and from work shall not be deducted as business expenses.(C) Income received from farm self-employment means the gross receipts minus operating expenses from the operation of a farm by a person on the person's own account, as an owner, renter, or sharecropper. (i) Gross receipts shall include the value of all products sold, government crop loans, money received from the rental of farm equipment to others, and incidental receipts from the sale of wood, sand, gravel, and similar items.(ii) Operating expenses shall include the cost of feed, fertilizer, seed, and other farming supplies, cash wages paid to farmhands, depreciation charges, cash rent, interest on farm mortgages, farm building repairs, farm taxes (not state and federal income taxes), and other similar expenses.(iii) The value of fuel, foods, or other farm products used for family living shall not be included as part of net income; and(19) Free rent converted to a cost compensation when it is exchanged for an activity instead of wages or salary. The department shall determine this by multiplying the State minimum wage multiplied by forty hours a week multiplied by 4.3333 weeks. When work is less than forty hours a week, use the actual number of hours worked in the month multiplied by State minimum wage; and(c) Gross income from the caretakers" approved activities such as selling real estate, or engaging in fishing and farming, which provide irregular income over a period of six months, may be allowed to be averaged over the simplified report period to determine the budget month amount. Haw. Code R. § 17-798.2-10
[Eff 03/08/08] (Auth: HRS § 346-4) (Imp: HRS § 346-14)