Assets

HAWAII ADMINISTRATIVE RULES

TITLE 17

DEPARTMENT OF HUMAN SERVICES

SUBTITLE 6 FAMILY AND ADULT SERVICES DIVISION

CHAPTER 675

ASSETS

Subchapter 1 General Provisions

§17-675-1 Purpose §17-675-2 Definitions §17-675-3 (Reserved)

Subchapter 2 Personal Reserve Standards

§17-675-4 Personal reserve standards §17-675-5 Personal reserve standards for financial assistance §17-675-6 Personal reserve standards for medical assistance only §17-675-7 Personal reserve standards for food stamps §§17-675-8 to 17-675-12 (Reserved)

Subchapter 3 Evaluation Of Assets

§17-675-13 Purpose §17-675-14 Evaluating assets for financial assistance §17-675-15 Special provision for financial assistance programs only - assets of sponsor of an alien §17-675-16 Evaluating assets for medical assistance only §17-675-17 Special medical assistance only provisions for the community spouse of a person institutionalized in a medical institution §17-675-18 Evaluating assets for food stamps §17-675-19 Special provision for food stamps - commingled funds §§17-675-20 to 17-675-24 (Reserved)

Subchapter 4 Assets To Be Exempted

§17-675-25 Purpose §17-675-26 Assets to be exempted §17-675-27 Exemption of burial spaces and funeral plans §17-675-28 Special provision for financial assistance programs only - temporary exemption of real property other than the home §17-675-29 Special provisions for the food stamp program - other excluded assets §17-675-30 Special provisions for the food stamp program - inaccessible assets §§17-675-31 to 17-675-35 (Reserved)

Subchapter 5 Assets To Be Considered

§17-675-36 Assets to be considered §17-675-37 Determining equity in any business §§17-675-38 to 17-675-42 (Reserved)

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Subchapter 6 Evaluation Of Real Property

§17-675-43 Equity value of real property §17-675-44 Treatment of some special forms of ownership of real or personal property §17-675-45 Special provision for financial assistance programs - real property liens §17-675-46 Special provision for financial assistance programs - eligibility pending removal of legal impediments to ownership of real property §17-675-47 Special provision for medical assistance only program - removal of legal impediments to availability §17-675-48 Real property used as a home §17-675-49 Special provision for the food stamp program - income producing property §§17-675-50 to 17-675-54 (Reserved)

Subchapter 7 Evaluation Of Motor Vehicles

§17-675-55 Evaluation of automobiles and treatment of values in the financial assistance programs and the ArDC-related and GA­ related medical assistance only programs §17-675-56 Evaluation of automobiles and treatment of values in the medical assistance programs for the aged, blind, and disabled §17-675-57 Exempt motor vehicles in the food stamp program §17-675-58 Evaluation of non-income producing licensed motor vehicles in the food stamp program §17-675-59 Unlicensed vehicles in the food stamp program §§17-675-60 to 17-675-64 (Reserved)

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Subchapter 8 Disposal Of Assets

§17-675-65 Disposal of assets for less than fair market value in financial assistance programs §17-675-66 Disposal of assets for less than fair market value in the medical assistance programs §17-675-67 Disposal of assets for less than fair market value in the food stamp program

Historical Note: This chapter is based substantially upon Chapter 17-620 [Eff 7/19/82; am 11/16/82; am 12/21/82; am 6/30/83; am 11/12/83; am 2/17/84; am 8/2/84; am 10/1/84; am 11/13/84; am 12/24/84; am 4/20/85; am 8/29/85; am 12/1/85; am 1/3/86; am 4/21/86; am 9/4/86; am 5/2/87; am 8/15/87; am 10/23/87; am 4/25/88; am 6/12/90; am 12/27/90; R 3/19/93 ), Subchapter 1 of Chapter 17-717 [Eff 7/19/82; am 10/2/82; am 4/1/83; am 7/5/83; am 5/1/86; am 9/2/86; am 12/27/86; am 7/19/87; am 1/21/88; am 4/28/88; am 5/4/89; am 9/1/89; am 10/19/89; am 8/25/90; R 3/19/93], §17-744-2 [Eff 7/19/82; am 8/23/84; am 6/23/86; am 8/13/87; am 10/23/87; am 6/11/88; am 11/25/88; am 4/15/89; am 10/1/89; R 3/19/93 ), §17-744-3 [Eff 7/19/82; am 8/23/84; R 3/19/93 J, Subchapter 3 of Chapter 17-744 [Eff 7/19/82; am 8/20/83; am 10/14/83; am 5/18/84; am 8/23/84; am 12/21/84; am 8/9/85; am 9/7/85; am 6/23/86; am 7/23/86; am 6/18/87; am 9/28/87; am 10/23/87; am 11/25/88; am 4/15/89; am 10/1/89; am 6/12/90; am 10/4/90; am 3/21/91; R 3/19/93 ], Subchapter 4 of Chapter 17-744 [Eff 7/19/82; am 8/20/83; am 8/20/84; am 4/17/86; am 6/18/87; am 0/23/87; am 6/11/88; am 5/13/91; R 3/19/93 ], and §17-744-44 [Eff 7/19/82; am 3/28/83; am 9/29/86; am 10/23/87; am 2/22/88; am 6/6/89; am 10/1/89; am 10/4/90; R 3/19/93 ]

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§17-675-2

SUBCHAPTER 1

GENERAL PROVISIONS

§17-675-1 Purpose. This chapter describes the types and amount of assets that an individual or a family may retain when establishing eligibility for financial assistance or food stamps. [Eff 3/19/93; am 8/01/94; comp AUG 2 8 2022 ] (Auth: HRS §34 6-53) (Imp: 7 C.F.R. §273.8; 45 C.F.R. §233.20)

§17-675-2 Definitions. For the purpose of this chapter: "Asset" means cash and any other personal property, as well as real property, that an individual or family: ( 1) Owns; ( 2) Has the right, authority, or power to convert to cash (if not already cash); and ( 3) Is not legally restricted from using for the individual's or family's support and maintenance. "Automobile" means a passenger car or other motor vehicle used to provide transportation of persons or goods. "Domestic violence victim" means an individual who has been battered or otherwise subjected to extreme cruelty. Acts which constitute domestic violence include but are not limited to the following: ( 1) Physical acts that resulted in, or threatened to result in, physical injury; {2) Sexual abuse; (3) Sexual activity involving a dependent child; (4) Nonconsensual sexual acts; (5) Threats of, attempts at, physical or sexual abuse; (6) Mental or emotional abuse; (7) Medical care deprivation or neglect; or (8) Stalking.

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