Haw. Code R. § 17-912-28

Current through September, 2024
Section 17-912-28 - Income to be considered in eligibility determination
(a) Monthly gross income shall be used to determine categorical eligibility based on income status.
(b) Monthly gross income means monthly sums of income received from the following sources:
(1) Gross income before deductions are made for items such as, but not limited to, taxes, union dues, bonds, and pensions from:
(A) Wages;
(B) Salary;
(C) Armed forces pay; -
(D) Commissions;
(E) Tips;
(F) Piece-rate payments; and
(G) Cash bonuses earned;
(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.
(A) Worker's compensation benefits include compensation received from private or public insurance companies for injuries incurred at work.
(B) The cost of the insurance shall have been paid by the employer and not by the employee;
(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 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) Subsistance allowances paid to veterans for:
(i) Education; or
(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;
(8) Alimony;
(9) Child support;
(10) Public assistance payments from another state;
(11) Hawaii welfare check;
(12) Dividends from stockholdings or memberships in associations;
(13) Periodic interest on savings or bonds;
(14) Receipts from estates or trust funds;
(15) Net income from:
(A) Rental of a house;
(B) Rental of a store;
(C) Rental of other property to others; and
(D) Receipts from boarders or lodgers;
(16) Net royalties; and
(17) Net income received from self-employment.
(A) To be considered self-employed, the individual shall:
(i) Not be discharged from the job by another person;
(ii) Report income to the Internal Revenue Service and the State as a self-employed person;
(iii) Meet social security requirements as a self-employed person and pay employer's and employee's share of social security taxes;
(iv) Not be considered an employee of an agency or organization; and
(v) Be licensed by the State to operate a business.
(B) Net 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.
(C) Net 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.

Haw. Code R. § 17-912-28

[Eff 7/19/82; comp JUN 29 1992] (Auth: HRS § 346-14) (Imp: HRS § 346-14; 42 U.S.C. §1397 c )