Haw. Code R. § 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.
Notes
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