Haw. Code R. § 17-798.3-11

Current through September, 2024

Section 17-798.3-11 - Excluded monthly income

The following types of income received in any given month shall be excluded from consideration in determining income eligibility for child care payments:

(1) Money received from the sale of property such as stocks, bonds, a house, or a car unless the person was engaged in the business of selling the property, in which case, the net proceeds would be counted as self-employed activity income;

(2) Withdrawals of bank deposits;

(3) Loans;

(4) Gifts, including in-kind gifts such as free room and board, when the gift is not a form of compensation in lieu of wages or salary;

(5) Monies received in the form of a nonrecurring lump sum payment including, but not limited to, the following:

(A) Income tax refunds, rebates, or credits;

(B) Retroactive lump sum social security, SSI, public assistance, or unemployment compensation benefits;

(C) Retroactive annual adjustment payments in the veteran administration's (VA) disability pensions;

(D) Lump sum inheritances or insurance payments;

(6) Refunds of security deposits on rental property or utilities;

(7) Capital gains;

(8) Earnings of minor children who are members of the household and are students at least half-time shall be excluded even during temporary interruptions in school attendance due to semester or vacation breaks, provided the minors' enrollment will resume following the break;

(9) Loans, grants, and scholarships obtained and used under conditions that prohibit use for current living expenses;

(10) Any grant or loan to any undergraduate student for educational purposes made or insured under any program administered by the United States Secretary of Education;

(11) Home produce utilized for home consumption;

(12) The value of an allotment under the Food Stamp Act of 1977, as amended, 7 U.S.C. § 2017;

(13) The value of USDA donated or surplus foods;

(14) The value of supplemental food assistance under the Child Nutrition Act of 1966, 42 U.S.C. §§ 1771-1789, and the special food service program for children under the National School Lunch Act, as amended, 42 U.S.C. §§ 1751-1769;

(15) Benefits received from the special supplemental food program for women, infants, and children (WIC), 42 U.S.C. § 1771;

(16) Allowances and payments to participants in programs, other than on-the-job training, under the Workforce Investment Act (WIA) of 1998, 20 U.S.C. § 9201;

(17) The earned income of individuals participating in on-the-job training programs under the Work Investment Act (WIA) of 1998, 20 U.S.C. § 9201, who are between 18 and 19 years of age and under the parental control of another household member;

(18) Earned income tax credit (EITC) payments received either as a lump sum or recurring payments under section 3507 of the Internal Revenue Code of 1986;

(19) Financial assistance provided by a program funded in whole or in part under title IV of the Higher Education Act in accordance with Pub. L. No. 99-498;

(20) Payments or allowances made under any federal, state, or local laws for the purpose of energy assistance;

(21) Assistance or relief payments received as a result of a disaster or emergency as declared by the federal, state, or county government;

(22) Payments made from the Agent Orange Settlement Fund or any other fund established in connection with settling liability claims concerning the chemical Agent Orange, Pub. L. No. 101-201;

(23) Reimbursements from the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, 42 U.S.C. § 4636;

(24) Payments received under the Radiation Exposure Compensation Act, Pub. L. No. 101-426, to compensate individuals for injuries or deaths resulting from the exposure to radiation from nuclear testing or uranium mining;

(25) Payments to individuals participating in the Senior Community Service Employment Program (SCSEP) funded under title V of the Older Americans Act of 1965, 42 U.S.C. § 3001; Pub. L. No. 100-175;

(26) Payments to volunteers derived from the volunteer's participation in the following programs authorized by the Domestic Volunteer Service Act of 1973, 42 U.S.C. §§ 5011, 4951-4958:

(A) Foster grandparent program;

(B) Senior companion program; and

(C) Volunteers in service to America (VISTA) and AmeriCorps programs;

(27) Military re-enlistment bonus;

(28) Foster board payments;

(29) Permanency assistance or guardianship assistance payments;

(30) Any other payments made in accordance with state and federal laws that preclude the payouts /from being counted as income.

Haw. Code R. § 17-798.3-11

[Eff 8/6/2021] (Auth: HRS § 346-14) (Imp: HRS § 346-14)