Section 17-676-37 - Income of sponsor of an alien(a) For the financial assistance programs, income of a sponsor of an alien and sponsor's spouse living with the sponsor shall be deemed to be the unearned income of the alien. The amount of the sponsor's income which is deemed to be available to the alien shall be calculated as follows: (1) Obtain the total earned and unearned income of the sponsor of an alien and the sponsor's spouse;(2) Deduct the lesser of twenty per cent of total earned income or $175;(3) From the remainder, deduct an amount equal to the department standard of need for a family of the same composition. The following persons living with the sponsor of an alien, shall be considered to be part of the sponsor's family: (A) Sponsor's spouse; and(B) Sponsor's dependents who qualify as federal income tax dependents;(4) From the remainder, deduct actual amounts paid by the sponsor or sponsor's spouse to persons living out of the home who qualify as sponsor's federal income tax dependents;(5) From the balance, deduct any alimony or child support paid to persons not living with the sponsor; and(6) The net amount shall be considered available to the alien and deducted from the alien's monthly standard of financial need.(b) In the financial assistance programs, the income of the sponsor of an alien who entered the United States prior to December 19, 1997, shall be considered available to the alien for a period of three years after the alien's entry into the United States. The income of the sponsor of an alien that entered the United States on or after December 19, 1997, shall be considered available to the alien until such time as the alien becomes a United States citizen. The alien's failure to provide information and verification of the income of the sponsor of an alien shall disqualify the alien from receiving financial assistance.(c) The provisions of subsections (a) and (b) do not apply to an alien: (1) Admitted to the United States as a refugee under section 207 of the Immigration and Nationality Act;(2) Paroled into the United States under section 212(d)(5) of the Immigration and Nationality Act for a period of at least one year;(3) Granted political asylum by the Attorney General under section 208 of the Immigration and Nationality Act;(4) Who is the dependent child of the sponsor or sponsor's spouse and is living in the same home as the sponsor; or(5) Who is a domestic violence victim as defined in section 17-676-2 and the alleged perpetrator of the violence is the alien's sponsor.(d) In the financial assistance programs, income which is deemed to a sponsored alien shall not be considered in determining the need of other unsponsored members of the alien's family except to the extent the income is actually available to the unsponsored aliens.(e) In the food stamp program, that amount of the monthly income of an alien's sponsor and the sponsor's spouse to be deemed shall be determined in accordance with chapter 17-663.[Eff 3/19/93; am 8/1/94; am 10/28/96; am 9/26/97; am 7/16/99; am 01/22/02; am 11/19/05; am and comp 11/09/06] (Auth: HRS § 346-53) (Imp: HRS § 346-29; 7 C.F.R. §273.4; Pub. L. No. 104-193 (1996))