Hawaii Administrative Rules
Title 17 - DEPARTMENT OF HUMAN SERVICES
Department of Human Services
Chapter 683 - UNDERPAYMENT, OVERPAYMENT, AND RECOVERY
Subchapter 3 - FOOD STAMP UNDERPAYMENTS
Section 17-683-17 - Restoring of benefits to individuals disqualified for intentional program violation

(a) Individuals disqualified for intentional program violation shall be entitled to restoration of any benefits lost during the months the individuals were disqualified, not to exceed twelve months prior to the date of branch notification, if the decision which resulted in disqualification is subsequently overturned or reversed by the court. For example, an individual would not be entitled to restoration of lost benefits for the period of disqualification based solely on the fact that a criminal conviction could not be obtained unless the individual successfully challenged the disqualification period imposed by an administrative disqualification in a separate court action.

(b) For each month the individual was disqualified, not to exceed twelve months prior to branch notification, the amount to be restored, if any, shall be determined by comparing the allotment the household received with the allotment the household would have received had the disqualified member been allowed to participate. If the household received a smaller allotment than it should have received, the difference shall be equal to the amount to be restored. Participation in an administrative disqualification hearing in which the household contests the branch assertion of intentional program violation shall be considered notification that the household is requesting restored benefits.