Hawaii Administrative Rules
Title 17 - DEPARTMENT OF HUMAN SERVICES
Department of Human Services
Chapter 649 - NOTICE OF ADVERSE ACTION
Subchapter 2 - SPECIFIC PROVISIONS FOR FOOD STAMPS
Section 17-649-10 - Changes causing a decrease in allotment

Universal Citation: HI Admin Rules 17-649-10

Current through February, 2024

(a) For prospectively budgeted households, if the household's allotment decreases or the household becomes ineligible as the result of a change, a notice of adverse action shall be issued not later than ten days after the change was reported. The decrease in allotment or determination of ineligibility shall be made effective with the first regular monthly allotment issued after the ten-day notice of adverse action period has expired; provided a hearing and continuation of benefits have not been requested. Any required verification shall be obtained prior to recertification. For example, a change reported on September 27, which results in a decrease in the household's allotment would affect the November issuance.

(b) For retrospectively budgeted households, if the household's allotment decreases or the household becomes ineligible as a result of a change, other than as specified in chapter 17-680, a notice of adverse action for changes that are reported by the household outside the monthly reporting requirements or an adequate notice for changes reported on the monthly eligibility report form shall be issued unless one of the exemptions to the notice of adverse action in section 17-649-9 applies.

(1) The notice of adverse action to nonmonthly reporting households shall be issued ten days prior to the month that the change is to be effective;

(2) The adequate notice to monthly reporting households shall be issued so that the household receives it not later than either the date the resulting benefits are to be received or in place of the benefits if no benefits are to be issued;

(3) When a notice of adverse action is not used due to one of the exemptions in section 17649-9, the decrease shall be made effective no later than the month following the change. Changes in expenses shall be budgeted in the corresponding payment month from the month the expense was billed, provided the change was reported timely by the household. If the change in expense was not reported timely by the household but the household continues to pay the decreased amount, the branch shall determine whether the household received an overpayment for the months the household failed to report the change in expense. The branch shall reflect the change in expense for the household's current benefits effective the first month following the expiration of the the notice requirements.

(c) For households required to monthly report, the decrease in allotment or determination of ineligibility shall be effective for the corresponding payment month from the month the change occurred or for the month a household is determined prospectively ineligible.

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