Haw. Code R. § 17-685-5 - Disposition and issuance of replacement benefits

(a) A household unit's claim for the replacement of stolen benefits shall be denied if:

(1) The attestation was submitted untimely, not signed, or incomplete;

(2) There is insufficient evidence to support the validity of the claim;

(3) The claim was reported outside the timely reporting period as defined in section 17-685-2;

(4) An approved claim would result in the household unit exceeding the two allowable issuances of replacement benefits in a federal fiscal year;

(5) The department exercises the provisions of section 17-685-8 to deny claims; or

(6) A claim is submitted for stolen program benefits that are not subject to replacement pursuant to this chapter.

(b) The household unit shall be notified of the department's determination and the reason for the determination. If eligible to receive a replacement of stolen benefits, the household unit shall be informed of the benefit type and the replacement amount, and when the replacement benefits will be available on their EBT card or bank account.

(c) For SNAP and financial assistance programs, the amount of benefits to be replaced shall not exceed the amount of the benefits stolen or the value of two months of the household unit's monthly allotment, whichever is less.

(d) For child care subsidy and FTW programs, the amount of benefits to be replaced shall not exceed the amount established in subsection (c) below or the value of one month of the eligible household member's supportive service payment, whichever is less.

(e) If a household unit's claim of electronic benefits theft is cash-related and the amount stolen may include TANF or TAONF financial assistance, FTW supportive service payment, child care subsidy, or a combination of these benefit types, then the replacement of benefits shall be made in the following order and for the amounts specified:

(1) TANF or TAONF financial assistance, up to the allowable replacement amount described in subsection (a) above; then

(2) FTW supportive service payment, up to the difference between the replacement amount for TANF or TAONF financial assistance and the total amount of benefits stolen, or the value of the FTW supportive service payment for one month, whichever is less; then

(3) Child care subsidy, if there is a balance of stolen benefits remaining. The child care subsidy replacement amount shall be the difference between the sum of paragraphs (1) and (2) and the total amount of benefits stolen, or the value of the child care subsidy for one month, whichever is less.

(f) The replacement benefits shall be issued in the form of a deposit into the household unit's EBT card or direct deposit into a valid bank account, if the household has such direct deposit method already established.

(g) A household unit shall not receive more than two replacement issuances in a single federal fiscal year.

Notes

Haw. Code R. § 17-685-5

[Eff 1/25/2024] (Auth: HRS §§ 91-3, 91-4, and 346-14; 42 U.S.C. §§ 601, et seq.; 42 U.S.C. § 618; P.L. 117-328, Title IV, §501) (Imp: HRS §§ 346-14, and 346-155; 7 C.F.R. § 274.6; 45 C.F.R. § 98.50; 45 C.F.R. §§ 260.20, et seq.; P.L. 117-328, Title IV, §501)