Hawaii Administrative Rules
Title 17 - DEPARTMENT OF HUMAN SERVICES
Department of Human Services
Chapter 1724.1 - MODIFIED ADJUSTED GROSS INCOME (MAGI)-EXCEPTED BASED
Subchapter 5 - UNEARNED INCOME
Section 17-1724.1-39 - Exempt unearned income

(1) VA benefits that are:

(2) Any payment or relocation assistance received, such as reimbursement or allowances provided to an individual (or spouse) displaced by a State or county-assisted project, under Title II of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 ( 42 U.S.C. § 4636) including, but not limited to:

(3) Cash payments to the assistance unit responsible for payment of the household bills from a non-unit household member of their share of common household expenses;

(4) Per capita payments distributed to or held in trust under 25 U.S.C:

(5) Payments made to or held in trust for certain Native Americans as follows:

(6) Judgment funds distributed per capita to or made available for members of the:

(7) Payments made to volunteers under the National and Community Service Trust Act of 1993 ( 42 U.S.C. § 5044(f)) including the following programs under 42 U.S.C:

(8) Payments made to volunteers, including the Service Corps of Retired Executives (SCORE) and the Active Corps of Executives (ACE) to provide technical, managerial, and informational aids to small business concerns ( 15 U.S.C. § 637);

(9) Foster care maintenance, kinship guardianship, and subsidized adoption payments to licensed caregivers for the provision of care and supervision to eligible children;

(10) Housing and Urban Development (HUD) retroactive tax and utility cost subsidy payments issued pursuant to Underwood v. Harris, (Civil No. 76-0469 D.D.C.) against HUD to applicants and recipients of financial assistance shall be disregarded as income in the month received;

(11) Supplemental Security Income and State Supplementary Payment benefits of non-institutionalized individuals for whom the post-eligibility treatment of income does not apply;

(12) Reparation payments provided to certain individuals of Japanese ancestry and Aleuts for losses suffered as a result of evacuation, relocation, and internment during World War II under the Civil Liberties Act of 1988 and the Aleutian and Pribilof Islands Restitution Act;

(13) Effective January 1, 1989, all Agent Orange Settlement payments to include payments from the Agent Orange Settlement Fund or any other fund established pursuant to the settlement of the In re Agent Orange Product Liability Litigation;

(14) Effective August 1, 1994, payments made to victims of Nazi persecution under the Victims of Nazi Persecution Act;

(15) Payments received under the Radiation Exposure Compensation Trust Fund established under the Radiation Exposure Compensation Act (RECA) to compensate an individual for injuries or death resulting from the exposure to radiation from nuclear testing or uranium mining under the National Defense Authorization Act for Fiscal Year 1991 and the Radiation Exposure Compensation Act Amendments of 2000 and succeeding amendments;

(16) Assistance payments received under the Robert T. Stafford Disaster Relief and Emergency Assistance Act or under any Federal statute as a result of a catastrophe which is declared by the President of the United States, state or local government agency or disaster assistance organizations;

(17) Crime Victim Compensation payments issued pursuant to the Victims of Crime Act of 1984 to victims of certain crimes or dependents of deceased victims include, but are not limited to, compensation paid by Hawaii's Crime Victim Compensation Commission;

(18) Payments received from any fund as a result of the settlement in the case of Susan Walker v. Bayer Corporation, et al. , to compensate an individual who contracted the human immunodeficiency virus (H.I.V.) from contaminated blood products pursuant to Title IV, section 4735 of the Balanced Budget Act of 1997 ( Pub. L. 105-33);

(19) Payments received from the Ricky Ray Hemophilia Relief Fund Act of 1998 under Pub. L. 105-369 to compensate an individual with a hemophilia-clotting disorder who was treated with blood-clotting agents and contracted the H.I.V.;

(20) VA benefits received by or on behalf of certain natural children of:

(21) Payments made to certain individuals under:

(22) State annuities paid to a certain individual or the individual's spouse on the basis that the individual is an aged, blind, or disabled veteran under §202 of P.L. 110-245;

(23) Payment issued to eligible Filipino veterans who aided American troops during World War II that were established by the Filipino Veterans Equity Compensation Fund (FVECF) under the American Recovery and Reinvestment Act of 20 09. Filipino veterans who are U.S. citizens are entitled to a one-time payment of $15,000 while non-U.S. citizen veterans are entitled to a one-time payment of $9,000. Surviving widows of Filipino veterans who filed for the FVECF payments prior to the Filipino veteran's death may also receive these payments on their spouse's behalf; and

(24) Austrian social insurance payments granted exclusively under paragraphs 500 to 506 of the Austrian General Social Insurance Act;

(1) Restitution payments made under Pub. L. 100-3 83 for the evacuation, relocation, and internment to an eligible Japanese-American citizen or permanent resident non-citizen of Japanese ancestry under §105 of the Civil Liberties Act of 1988 and to an eligible Aleut under §206 of the Aleutian and Pribilof Islands Restitution Act;

(2) Reparation payments made under Pub. L. 103-286 by the Netherlands' Act on Benefits for Victims of Persecution 1940-1945, to a persecuted victim during the Nazi occupation of the Netherlands and the Dutch East Indies during World War II;

(3) Payments made under Pub. L. 101-239 from the Agent Orange Settlement Fund or any other fund established pursuant to the settlement in the In re Agent Orange Product Liability Litigation, M.D.L. No. 381 (E.D.N.Y.); and

(4) Compensation payments made under Pub. L. 101-239 from the Radiation Exposure Compensation Trust Fund to an individual exposed to radiation during nuclear testing from 1944 to 1972 or exposed to radon while employed in uranium mines or mills from 1942 to 1971, and to atomic veterans who contracted specified cancers and other specified diseases as a direct result of exposure. The Radiation Exposure Compensation Act expanded benefits also to an on-site participant in atmospheric nuclear tests.