Hawaii Administrative Rules
Title 17 - DEPARTMENT OF HUMAN SERVICES
Department of Human Services
Chapter 683 - UNDERPAYMENT, OVERPAYMENT, AND RECOVERY
Subchapter 7 - FOOD STAMP OVERPAYMENTS AND RECOVERY
Section 17-683-55 - Calculating the claim amount
Universal Citation: HI Admin Rules 17-683-55
Current through August, 2024
(a) For claims not related to trafficking:
(1) The branch shall
calculate a claim back to at least twelve months before the date the
overpayment was discovered. For an IPV claim, the branch shall calculate a
claim back to the month the act of IPV occurred. For all claims, the branch
shall exclude any amounts that occurred more than seventy-two months before the
date the overpayment was discovered.
(2) The branch shall calculate the claim as
follows:
(A) Determine the correct amount of
benefits for each month that a household received an overpayment;
(B) If the claim is an IHE or IPV claim, do
not apply the earned income deduction to that part of any earned income that
the household failed to report in a timely manner when this act is the basis
for the claim;
(C) Subtract the
correct amount of benefits from the benefits actually received to determine the
amount of the overpayment; and
(D)
If aware of any EBT expunged benefits, reduce the overpayment amount by any EBT
benefits expunged from the household's EBT benefit account. The difference is
the amount of the claim.
(b) For claims arising from trafficking related offenses, the value of the trafficked benefits shall be determined by:
(1) The individual's admission;
(2) Adjudication; or
(3) The documentation that forms the basis
for the trafficking determination.
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