STATE OF HAWAII
DEPARTMENT OF HUMAN SERVICES
BENEFIT, EMPLOYMENT AND SUPPORT SERVICES DIVISION

LEGAL NOTICE

Pursuant to Section 91-3(d), Hawaii Revised Statutes, public notice is hereby given that the income maintenance rules are being amended to conform with the Federal requirements as set forth in the Food Stamp Act of 1977, as amended, which is being renamed effective October 1, 2008, as the Food and Nutrition Act of 2008. Since the department has no discretion in the implementation of the proposed federal amendments, which will affect the department’s receipt of federal funds if not implemented, the public hearing process is being waived.
The proposed amendments are based on Federal legislation. A brief description of the proposed changes are listed below:
RELATING TO THE INCOME MAINTENANCE PROGRAMS
CHAPTER 17-610 – FOOD STAMP PROGRAM ADMINISTRATION

§17-610-15, Nature of reduction action. Subsection (c) is being amended to conform to provisions mandated by Section 4107 of The Food, Conservation and Energy Act of 2008 (FCEA) (P.L.110-246) to increase the minimum benefit for 1 and 2 person households from $10 to 8 percent of the maximum food stamp allotment for a one-member household.
§17-610-16, Implementation of allotment reductions, suspensions, and cancellations. Subsection (b) is being amended to conform to provisions mandated by Section 4107 of The Food, Conservation and Energy Act of 2008 (FCEA) (P.L.110-246) to increase the minimum benefit for 1 and 2 person households from $10 to 8 percent of the maximum food stamp allotment for a one-member household.
CHAPTER 17-675 – ASSETS
§17-675-29, Special provisions for the food stamp program – other excluded assets. This section is being amended to conform to provisions mandated by Section 4104(b) of The Food, Conservation and Energy Act of 2008 (FCEA) (P.L.110-246) to exclude all tax-preferred education accounts (e.g., 529s) and retirement accounts (e.g., IRAs), from countable resources in determining food stamp eligibility.
CHAPTER 17-676 – INCOME
§17-676-56, Determining net monthly income in the food stamp program. Subsection (e) is being amended to conform to provisions mandated by Section 4103 of The Food, Conservation and Energy Act of 2008 (FCEA) (P.L.110-246) to eliminate the cap on the deduction for dependent care expenses (currently $175 or $200 per month, depending on the dependent’s age) and allows families eligible for the deduction to deduct the entire amount of dependent care expenses when calculating eligibility and benefit levels.
§17-676-72, Income deductions. This section is being amended by amending paragraph (3) to conform to provisions mandated by Section 4103 of The Food, Conservation and Energy Act of 2008 (FCEA) (P.L.110-246) to eliminate the cap on the deduction for dependent care expenses (currently $175 or $200 per month, depending on the dependent’s age) and allows families eligible for the deduction to deduct the entire amount of dependent care expenses when calculating eligibility and benefit levels.
§17-676-91, Income excluded by law. This section is being amended to conform to provisions mandated by Section 4101 of The Food, Conservation and Energy Act of 2008 (FCEA) (P.L.110-246) to exclude combat-related military pay from consideration as income when determining food stamp eligibility and benefit levels if the additional pay is the result of deployment to or service in a combat zone and was not received immediately prior to serving in a combat zone.
CHAPTER 17-680 -ELIGIBILITY AND BENEFIT DETERMINATION
§17-680-21, Definitions. This section is being amended to add a new definition for “minimum benefit” to conform to provisions mandated by Section 4107 of The Food, Conservation and Energy Act of 2008 (FCEA) (P.L.110-246) to increase the minimum benefit for 1 and 2 person households from $10 to 8 percent of the maximum food stamp allotment for a one-member household.
§17-680-28, Eligibility and benefit determination. Subsections (e) is being amended to conform to provisions mandated by Section 4107 of The Food, Conservation and Energy Act of 2008 (FCEA) (P.L.110-246) to increase the minimum benefit for 1 and 2 person households from $10 to 8 percent of the maximum food stamp allotment for a one-member household.
CHAPTER 17-681 – ISSUANCE OF BENEFITS

§17-681-56, Expungement of benefits. The change to this section is mandated by Section 4114 of the Food, Conservation and Energy Act of 2008 (FCEA), which requires the change of the expungement period for food stamp benefits from 270 days to twelve months of no debit activity.