Haw. Code R. § 17-656.1-17 - Persons to be excluded
(a) A person who
receives supplemental security income benefits shall be excluded from the TANF
program. All income and resources received by the person receiving SSI benefits
shall not be considered in determining the amount of the financial assistance
payment for the remainder of the family members.
(b) A needy person who fails to comply with
the requirement to furnish a social security number shall be excluded from the
program. When failure to furnish a social security number is on behalf of a
child, the child shall be the person excluded from the program.
(c) The child who is temporarily absent from
the home and whose total monthly needs are met by others shall be
excluded.
(d) The needs of an
unborn child shall be excluded from the TANF financial assistance
payment.
(e) The needs of the
father of an unborn child without other eligible children shall be excluded
from the TANF financial assistance payment.
(f) A child receiving federal or state foster
care maintenance assistance shall be excluded from the TANF financial
assistance payment.
(g) A child of
a child receiving federal foster care maintenance assistance shall be excluded
from the TANF financial assistance payment;
(h) A child receiving federal or state
adoption assistance shall be excluded from the TANF financial assistance
payment if including the child would result in a reduction of the TANF
financial assistance payment amount. In making this determination, the
department shall:
(1) Consider the adoption
assistance as unearned income when the child is included in the financial
assistance payment;
(2) Consider
the difference between the financial assistance payment which includes the
needs and income of the child and the financial assistance payment which
excludes the needs and income of the child.
(i) A child eligible for but not receiving
federal or state foster care maintenance assistance, may be excluded from the
TANF financial assistance payment.
(j) The adult natural, adoptive or hanai
parent of a child for whom the state has obtained legal custody and has placed
under the care and supervision of another individual, shall be excluded from
the program when the adult natural, adoptive or hanai parent is living in the
same household as the child and the individual providing care and supervision.
The exclusion shall also include any natural, adoptive or hanai children, or
stepchildren living with the adult natural, adoptive or hanai parent for whom
the state has not obtained legal custody.
(k) An individual who has been disqualified
for an intentional program violation (IPV) in a financial assistance program as
specified in chapter 17-604.1, shall be excluded from the program for the
period of the IPV disqualification.
(l) An individual who fails to meet the
citizenship requirements specified in section 17-655-41, shall be excluded from
the program.
(m) An individual
found guilty of fraudently misrepresenting residence to obtain assistance in
two or more states shall be excluded from the program. The penalty period shall
be ten years from the date of conviction.
(n) A fugitive felon shall be excluded from
the program.
(o) An individual who
is in violation of a condition of probation or parole shall be excluded from
the program.
(p) An individual
convicted after August 22, 1996 of a felony offense for possession, use, or
distribution of drugs that has refused treatment or has failed to comply with a
treatment program as required by the court shall be excluded from the
program.
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