Haw. Code R. § 17-610-19 - Effects of reductions, suspensions, and cancellations on the certification of eligible households

(a) Determinations of the eligibility of applicant households shall continue even though a reduction, Suspension, or cancellation of allotment is in effect. If the applicant is found to be eligible for allotments:

(1) And a reduction is in effect, the amount of the allotment shall be calculated by reducing the maximum benefit amount by the percentage amount determined by FNS for the applicant's household size and then deducting thirty per cent of the' household's net food stamp income from the reduced maximum benefit amount;

(2) While a Suspension or cancellation is in effect, no allotment shall be issued to the applicant until issuance is again authorized by FNS.

(b) Households eligible to receive expedited processing who apply and are determined to be eligible for program benefits during months in which:

(1) Reductions are in effect, shall be issued allotments that are reduced in accordance with the reduction and shall have one allotment available to the households within the benefit delivery time frame specified in chapter 17-647;

(2) Suspensions are in effect, shall have benefits issued to the household within the time specified in chapter 17-647, but if the Suspension is still in effect at the time issuance is to be made, the issuance shall be suspended until the Suspension is ended; and

(3) Cancellations are in effect, shall receive expedited service as specified in chapter 17-647. However, the deadline for completing the processing of these cases shall be five calendar days or the end of the month of application, whichever date is later.

(c) The reduction, Suspension, or cancellation of allotments in a given month shall have no effect on the certification periods assigned to households.

(1) Participating households whose certification period expires during a month in which allotments have been reduced, suspended, or canceled shall be recertified according to the provisions of chapter 17-648.

(2) Households determined eligible to participate in SNAP during a month in which allotments have been reduced, suspended, or canceled shall have certification periods assigned in accordance with the provisions of chapter 17-647.

(d) Any household that has its allotment reduced, suspended, or canceled as a result of the implementation of the requirements of this subchapter may request a hearing if the household disagrees with the action, subject to the following conditions:

(1) A hearing shall be denied those households that are merely disputing the fact that a reduction, Suspension, or cancellation was ordered;

(2) A household that believes its benefit level was computed incorrectly under the reduction rule or that the rule was misapplied or misinterpreted may request a hearing;

(3) The household shall not receive the continuation of allotments while awaiting the fair hearing decision; and

(4) A household may receive retroactive allotments to which the household is entitled if the hearing decision results in a determination that allotments to the household were reduced by more than the department was directed to reduce by FNS.

Notes

Haw. Code R. § 17-610-19

[Eff 3/19/93; am and comp JUN 24 2013] (Auth: HRS § 346-14) (Imp: 7 C.F.R. §271.7(e) and (f))