Haw. Code R. § 17-1725.1-26

Current through September, 2024

Section 17-1725.1-26 - Exempt assets

The following assets shall be exempted from consideration in the personal reserve of an individual or household which shall include, but are not limited to:

(1) Household goods of limited value essential to day-to-day living including but not limited to clothing, furniture, appliances or electronic equipment;

(2) Personal effects including but not limited to one wedding ring and one engagement ring, personal care items and clothing, pets, educational or recreational items, or items of cultural or religious significance to an individual;

(3) All motor vehicles, with the exception of watercrafts or air transportation vehicles, including but not limited to cars, trucks, vans, or motorcycles;

(4) Any equity in the principal place of residence of an individual or household, as described in subchapter 5 except for the home of an individual requesting or receiving long-term care services placed in a trust;

(5) Refunds of utility and rental deposits paid by the department;

(6) Bona fide loans or agreements from any source, including but not limited to educational loans, is a debt that the individual (borrower) has an obligation to repay;

(7) Cash payments to the assistance unit responsible for payment of the household bills by a non-unit household member for his or her share of common household expenses;

(8) One burial space (including plots, vaults, and niches) per household member if specifically designated for the individual or immediate household member;

(9) The value of bona fide funeral or burial plans or agreements per household member if specifically designated for the individual or immediate household member;

(10) All funds contained in a trust established after August 10, 1993 for a disabled (as defined in section 17-1719-8) individual under sixty-five years of age established under 42 U.S.C. §1396 p(d)(4)(A) that meets the following conditions:

(A) The trust was established with the assets of the disabled individual solely for the benefit of the individual by a parent, grandparent, legal guardian or by a court; and

(B) The State will receive all amounts remaining in the trust upon the death of the disabled individual up to an amount equal to the total medical assistance received by the individual;

(11) All funds contained in a trust established after August 10, 1993 for a disabled (as defined in section 17-1719-8) individual under sixty-five years of age, established and managed by a non-profit association established under 42 U.S.C. §1396 p(d)(4)(C) that meets the following conditions:

(A) A separate account is maintained for each beneficiary of the trust, but, for purposes of investment and management of funds, the trust may pool these accounts;

(B) The accounts in the trust were established with the assets of the disabled individual solely for the benefit of the individual by a parent, grandparent, legal guardian or by a court; and

(C) The State will receive all amounts remaining in the disabled individual's account in the trust upon the death of the disabled individual up to an amount equal to the total medical assistance received by the individual;

(12) Funds used to purchase an annuity that is irrevocable and not assignable.

(A) An annuity is irrevocable when the annuitant cannot void the contract and obtain the cash value of the annuity less early withdrawals and surrender fees; and

(B) An annuity is not assignable when the annuitant cannot sell the annuity on the open market;

(13) Federal tax refund or payment made by an employer related to an earned income tax credit (EITC) received is excluded for nine months following the month the refund or payment is received;

(14) Federal tax refund from a child tax credit (CTC) received is excluded from resources for nine months following the month the refund or payment is received;

(15) One-time payment issued to eligible Filipino veterans who aided American troops during World War II that were established by the Filipino Veterans Equity Compensation Fund (FVECF) under the American Recovery and Reinvestment Act of 2009;

(16) Any gift to, or for the benefit of, an individual under nineteen years of age who has a life-threatening condition, received from an organization described under §501(c)(3) of the Code. An in-kind gift that is converted to cash or a cash gift, only up to $2,000 is exempt in the calendar year in which the gift is made;

(17) Restitution payments made under Pub. L. 100383 for the evacuation, relocation, and internment to an eligible Japanese-American citizen or permanent resident non-citizen of Japanese ancestry under §105 of the Civil Liberties Act of 1988 and to an eligible Aleut under §206 of the Aleutian and Pribilof Islands Restitution Act;

(18) State annuities paid to an individual or the individual's spouse on the basis that the individual is an aged, blind, or disabled veteran under §202 of P.L. 110-245;

(19) Crime Victim Compensation payments issued pursuant to the Victims of Crime Act of 1984 to victims of certain crimes or dependents of deceased victims to include, but not limited to compensation paid by Hawaii's Crime Victim Compensation Commission which are exempt up to nine months from the month of receipt;

(20) Value of stocks or equity in protected retirement accounts which include, but are not limited to profit sharing plans, IRAs, annuities, or other retirement accounts, if an individual continues to be employed by the firm which controls the profit sharing distributions;

(21) Unspent funds from payments made to or for an individual who is or was:

(A) Captured and interned by North Vietnam pursuant to §606 of Pub. L. 105-78;

(B) Captured and incarcerated by the Democratic Republic of Vietnam after entering Vietnam under OPLAN 34A, or Laos under OPLAN 35, pursuant to certain Vietnamese commando operations pursuant to §657(d)(2) of Pub. L. 104201;

(C) Displaced by any federal or federally-assisted project pursuant to Title II of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 ( 42 U.S.C. §§460l - 4655 );

(D) A volunteer under the Domestic Volunteer Service Act of 1973 as amended by the National and Community Service Trust Act of 1993 - Volunteers In Service to America (VISTA), Foster Grandparent Program, Retired and Senior Volunteer Program (RSVP), Senior Companion Program ( 42 U.S.C. §§4951 - 5085 ) and under the Small Business Act - Service Corps of Retired Executives (SCORE), and the Active Corps of Executives (ACE) ( 15 U.S.C. §637);

(E) Provided relocation assistance payments by a state or county government or through a state or county-assisted project up to nine months after receipt;

(F) Paid pursuant to the Civil Liberties Act of 1988, Title I of Pub. L. 100383, and the Aleutian and Pribilof Islands Restitution Act, Title II of Pub. L. 100-383;

(G) Paid from the Agent Orange Settlement Fund or any other fund established pursuant to the settlement in the In Re Agent Orange product liability litigation, M.D.L. No. 381 (E.D.N.Y.) effective to January 1, 1989;

(H) A victim pursuant to the Netherlands' Act on Benefits for Victims of Persecution 1940-1945, to a persecuted victim during the Nazi occupation of the Netherlands and the Dutch East Indies during World War II pursuant to Pub. L. No. 103-286;

(I) Compensated for losses during the period March 1933 and May 1945 due to political, religious, or ethnic reasons under paragraphs 500 to 506 of the Austrian General Social Insurance Act;

(J) Paid from the Radiation Exposure Compensation Trust Fund established under the Radiation Exposure Compensation Act (RECA) ( Pub. L. 101426) to compensate an individual for injuries or death resulting from the exposure to radiation from nuclear testing or uranium mining under the National Defense Authorization Act for Fiscal Year 1991 and RECA Amendments of 2000 and succeeding amendments;

(K) Paid pursuant to the Disaster Relief and Emergency Assistance Act or any other assistance provided under a federal statute as a result of a catastrophe which is declared a major disaster by the President of the U.S. or comparable disaster assistance provided by any state, county agency or from a disaster assistance organization;

(L) Paid for assistance to children under the School Lunch Programs (42 U.S.C. chapter 13), Child Nutrition Programs -School Breakfast Program, WIC Program, Milk Programs (42 U.S.C. chapter 13(A)); and

(M) Paid for assistance to senior citizens under the Programs for Older Americans ( 42 U.S.C. §§3030d - 3030g);

(22) Settlement received in the case of Susan Walker v. Bayer Corporation, et al., to compensate an individual who contracted the human immunodeficiency virus (H.I.V.) from contaminated blood products pursuant to Title IV, section 4735 of the Balanced Budget Act of 1997 ( Pub. L. 105-33);

(23) Retroactive RSDI or SSI benefits retained in the form of cash or deposited into a bank account is exempt for a period of nine calendar months following the month of receipt;

(24) VA benefits received by or on behalf of certain natural children of:

(A) Vietnam and Korean Service veterans, born with spina bifida under §421 of Pub. L. 104-204 and §102 of Pub. L. 108-183, respectively; and

(B) Vietnam veteran women, born with certain birth defects that results in permanent physical or mental disability under §401 of Pub. L. 106-419;

(25) Ricky Ray Hemophilia Relief Fund Act of 1998 under Pub. L. 105-369 to compensate an individual with hemophilia-clotting disorder who was treated with blood-clotting agents and contracted the H.I.V.;

(26) The following payments made to Native Americans:

(A) San Carlos Apache Indian Tribe of Arizona under §7 of PL 93-134 and Pub. L. 97-95;

(B) Wyandot Tribe of Indians of Oklahoma under §6 of Pub. L. 97-371;

(C) Shawnee Tribe of Indians (Absentee Shawnee Tribe of Oklahoma, Eastern Shawnee Tribe of Oklahoma and the Cherokee Band of Shawnee descendants) under §7 of Pub. L. 97-372;

(D) Clallam Tribe of Indians of the State of Washington (Port Gamble Indian Community, Lower Elwha Tribe Community and the Jamestown Band of Clallam Indians) under §6 of Pub. L. 97-402;

(E) Red Lake Band of Chippewa Indians under §3 of Pub. L. 98-123;

(F) Saginaw Chippewa Indian Tribe of Michigan under §6 of Pub. L. 99-346;

(G) Cow Creek Band of Umpqua Tribe of Indians under §4 of Pub. L. 99-377;

(H) Santee Sioux Tribe of Nebraska, the Flandreau Santee Sioux Tribe, the Prairie Island Sioux, Lower Sioux, and Shakopee Mdewakanton Sioux Communities of Minnesota under §8 of Pub. L. 99-130 and §7 of Pub. L. 93-134 as amended by Pub. L. 97-458;

(I) Tax exempt portions of payments made pursuant to the Alaska Native Claims Settlement Act ( 43 U.S.C. §1620);

(J) Distributions made to a household, an individual Native, or a descendent of a Native by a Native Corporation established in accordance with the Alaska Native Claims Settlement Act ( Pub. L. 92-203 as amended) as provided by Pub. L. 100-241, §15 ( 43 U.S.C. §1626);

(K) Assiniboine Tribe of Fort Belknap Indian Community of Montana and the Assiniboine Tribe of the Fort Peck Indian Reservation of Montana under §5 of Pub. L. 98-124;

(L) White Earth Band of Chippewa Indians as allottees, or their heirs under §16 of Pub. L. 99-264;

(M) Sac and Fox Indian Nation under §6 of Pub. L. 94-189;

(N) Grand River Band of Ottawa Indians under §6 of Pub. L. 94-540;

(O) Confederated Tribes and Bands of the Yakima Indian Nation or the Apache Tribe of the Mescalero Reservation under §2 of Pub. L. 95-433;

(P) Assiniboine Tribe of Fort Belknap Indian Community and the Papago Tribe of Arizona under §6 and §8 of Pub. L. 94-408;

(Q) Chippewas of Lake Superior and the Chippewas of the Mississippi under §6 of Pub. L. 99-146;

(R) Chippewas of Lake Superior and the Chippewas of the Mississippi under §4 of Pub. L. 99-377;

(S) Delaware Tribe of Indians and the absentee Delaware Tribe of WesterOklahoma under §8 of Pub. L. 96-318;

(T) Miami Tribe of Oklahoma and the Miami Indians of Indiana under §7 of Pub. L. 97-376;

(U) Pembina Chippewa Indians (Turtle Mountain Band of Chippewa Indians, Chippewa Cree Tribe of Rocky Boy's Reservation, Minnesota Chippewa Tribe, Little Shell Band of the Chippewa Indians of Montana, and the non-member Pembina descendants) under §9 of Pub. L. 97-403;

(V) Confederated Tribes of the Warm Springs Reservation up to $2,000 under §4 of Pub. L. 97-436;

(W) Wyandotte Tribe of Oklahoma and the Absentee Wyandottes under §106 of Pub. L. 98-602;

(X) Seminole Nation of Oklahoma, the Seminole Tribe of Florida, the Miccosukee Tribe of Indians of Florida and the independent Seminole Indians of Florida under §8 of Pub. L. 101-277;

(Y) Indian judgment funds under Pub. L. 93134, as amended by Pub. L. 97-458 ( 25 U.S.C. §1407);

(Z) Wisconsin Band of Potawatomi (Hannahville Indian Community and Forest County Potawatomi) under §503 of Pub. L. 100-581;

(AA) Passamaquoddy Tribe, Penobscott Nation, and the Houlton Band of Maliseet Indians under the Maine Indian Claims Settlement Act under §9 of Pub. L. 96420 ( 25 U.S.C. §1728(c) );

(BB) Michigan Indian Land Claims Settlement Act under Pub. L. 105-143 and §4 of the Cowlitz Indian Tribe Distribution of Judgment Funds Act under Pub. L. 108222;

(CC) Shoalwater Bay Indian Tribe under §5 of Pub. L. 98-432;

(DD) Coushatta Tribe of Louisiana under §2 of Pub. L. 100-411 and §7 of Pub. L. 93-134 as amended by Pub. L. 97-458 ( 25 U.S.C. §1407);

(EE) Hoopa Valley Indian Tribe and the Yurok Indian Tribe under §§4, 6, and 7 of Pub. L. 100-580 and §3 of Pub. L. 9864;

(FF) Red Lake Band of Chippewa Indians from the sale of timber and lumber on the Red Lake Reservation under §3 of Pub. L. 85-794;

(GG) Blackfeet and GrosVentre by the Blackfeet and GrosVentre tribal government resulting from judgment funds under §4 of Pub. L. 92-254 and under §6 of Pub. L. 97-408;

(HH) Under §102 of the Fallon Paiute Shoshone Indian Tribes Water Rights Settlement Act of 1990 under Pub. L. 101-618 and §7 of Pub. L. 93-134 as amended by Pub. L. 97-458 ( 25 U.S.C. §4107);

(II) Seneca Nation of New York under §8(b) of the Seneca Nation Settlement Act of 1990 , Pub. L. 101-503 ( 25 U.S.C. §1774 f);

(JJ) Pueblo of Santa Ana and distributed to members of that tribe under §6 of Pub. L. 95-498; and the Pueblo of Zia of New Mexico and distributed to members of that tribe under §6 of Pub. L. 95-499;

(KK) Certain Indian tribes under §6 of Pub. L. 94-114 ( 25 U.S.C. §459 e);

(LL) Hopi and Navajo Tribes under §22 of Pub. L. 93-531 as amended by Pub. L. 96-305;

(MM) Puyallup Tribe under §10 of the Puyallup Tribe Indians Settlement Act of 1989, Pub. L. 101-41 ( 25 U.S.C. §17734(c));

(NN) Catawba Indian Tribe of South Carolina under §11(m) of Pub. L. 103-116;

(OO) Confederated Tribes of the Colville Reservation under §7(b) of Pub. L. 103436; and

(PP) Heirs of certain deceased Indians under of the Old Age Assistance Claims Settlement Act §8 of Pub. L. 98-500;

(27) Unspent financial assistance received, under:

(A) Title IV of the Higher Education Act which include but may not be limited to the following:

(i) Academic Achievement Incentive Scholarships;

(ii) Byrd Scholars;

(iii) Federal Educational Loans (Federal PLUS Loans, Perkins Loans, Stafford Loans, Ford Loans, etc.);

(iv) Federal Supplemental Educational Opportunities Grants (FSEOG);

(v) Gear Up (Gaining Early Awareness and Readiness for Undergraduate Programs);

(vi) LEAP (Leveraging Educational Assistance Partnership);

(vii) Pell grants;

(viii) SLEAP (Special Leveraging Educational Assistance Partnership);

(ix) State Student Incentives;

(x) Upward Bound; and

(xi) Work-Study Programs; or

(B) The Bureau of Indian Affairs student assistance programs which exempt all other grants, scholarships, fellowships, and gifts used to pay tuition, fees, and other necessary educational expenses at any educational institution, including vocational and technical education under Pub. L. 108203 for nine calendar months following the month of receipt.

Haw. Code R. § 17-1725.1-26

[Eff 09/30/13] (Auth: HRS § 346-29; 20 C.F.R. §§416.1201, 416.1237; 42 C.F.R. §§431.10; 435.631; 45 C.F.R. §233.20) (Imp: HRS § 346-29; 20 C.F.R. §§416.1201, 416.1237; 42 C.F.R. §§431.10; 435.631; 45 C.F.R. §233.20 )