HOUSE OF REPRESENTATIVES

H.B. NO.

801

TWENTY-NINTH LEGISLATURE, 2017

 

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

relating to child supporT.

 

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 


     SECTION 1.  Section 346-29, Hawaii Revised Statutes, is amended by amending subsection (c) to read as follows:

     "(c)  In determining the needs of an applicant or recipient for public assistance by the department, the department shall:

     (1)  Disregard the amounts of earned or unearned income as required or allowed by federal acts and other regulations, to receive federal funds and disregard from gross earned income twenty per cent plus $200 and a percentage of the remaining balance of earned income consistent with federal regulations and other requirements;

     (2)  Consider as net income in all cases the income as federal acts and other regulations require the department to consider for receipt of federal funds and may consider the additional income and resources as these acts and regulations permit to be considered;

     (3)  For households with minor dependents, disregard assets in determining the needs of persons for financial assistance; provided that the amount to be disregarded shall not exceed standards under federally funded financial assistance programs.  This paragraph shall not apply to persons eligible for federal supplemental security income benefits, aid to the aged, blind or disabled, or general assistance to households without minor dependents.  In determining the needs of persons eligible for federal supplemental security income benefits, aid to the aged, blind or disabled, or general assistance to households without minor dependents, the department shall apply all the resource retention and exclusion requirements under the federal supplemental security income program;

     (4)  Apply the resource retention requirements under the federal supplemental security income program in determining the needs of a single person for medical assistance only;

     (5)  Apply the resource retention requirements under the federal supplemental security income program in determining the needs of a family of two persons for medical assistance only and an additional $250 for each additional person included in an application for medical assistance only;

     (6)  Disregard amounts of emergency assistance granted under section 346-65;

     (7)  Not consider as income or resources any payment for services to or on behalf of, or any benefit received by, a participant under the first-to-work program of part XI, other than wages.  Wages earned by a participant while participating in the first-to-work program shall be considered income of the participant, unless the wages are excluded or disregarded under any other law;

     (8)  Not consider as income or resources payment made to eligible individuals, eligible surviving spouses, surviving children or surviving parents as specified under title I of the Civil Liberties Act of 1988, Public Law 100-383, which made restitution to individuals of Japanese ancestry who were interned during World War II;

     (9)  Allow the community spouse of an individual residing in a medical institution to maintain countable resources to the maximum allowed by federal statutes or regulations with provisions for increases, as allowed by the Secretary of Health and Human Services by means of indexing, court order, or fair hearing decree, without jeopardizing the eligibility of the institutionalized spouse for medical assistance;

    (10)  Allow an individual residing in a medical institution to contribute toward the support of the individual's community spouse, thereby enabling the community spouse to maintain the monthly maximum income allowed by federal statutes or regulations, with provisions for increases as allowed by the Secretary of Health and Human Services by means of indexing, court order, or fair hearing decree;

    (11)  Consider the transfer of assets from the applicant's name to another name within the specified time period as required by federal regulations, known as the "lookback" period, prior to the application for medical assistance for care in a nursing home or other long-term care facility.  Pursuant to rules adopted under chapter 91, the director may attribute any assets that have been transferred within the required federal "lookback" period from the applicant if the director determines that transfer of certain assets was made solely to make the applicant eligible for assistance under this chapter; [and]

    (12)  Not consider as income or resources any funds deposited into a family self-sufficiency escrow account on behalf of a participant under a federal housing choice voucher family self-sufficiency program as required or allowed under federal law[.]; and

    (13)  Disregard any amount of child support payments passed through to applicants or recipients pursuant to section 346-37.1."

     SECTION 2.  Section 346-37.1, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

     "(a)  Any payment of public assistance money made to or for the benefit of any dependent child or children creates a debt due and owing to the department by the natural or adoptive parent or parents who are responsible for support of [such] the children [except that debts] subject to the following provisions:

     (1)  Debts under this section shall not be incurred by a parent or other person who is the recipient of public assistance moneys for the benefit of minor dependent children for the period [such] the person or persons are in such status[, and, provided that where];

     (2)  Where there has been a family court order, the debt shall be limited to the amount provided for by the order[.]; and

     (3)  The first $100 collected each month for recipient families with one child, and the first $200 collected each month for recipient families with more than one child, shall pass through to the family receiving the public benefits."

     SECTION 3.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 4.  This Act shall take effect on January 1, 2018.

 

INTRODUCED BY:

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Report Title:

Child Support; Temporary Assistance for Needy Families Program

 

Description:

Requires certain amounts of child support moneys collected by the department of human services for public assistance of a child to pass through to the family receiving the public assistance.  Requires the department of human services to disregard passed through child support payments when determining the needs of an applicant for or recipient of public assistance.

 

 

 

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