Section 17-676-73 - Standard utility allowance(a) The department shall establish individual standard utility allowances for use in calculating shelter costs of households which incur utility costs separate from the rent or mortgage. The specific standard shall be allowed only if the household is billed separately for the specific utility cost. The household shall be advised that actual individual utility costs which exceed the individual standards shall be deducted only if the household can verify the costs. Households which live in public housing or other rental units which have central utility meters and charge the household only for excess utilities shall not be permitted to use the fuel or electricity standards.(b) The department shall establish a mandatory telephone allowance for use in conjunction with the standard utility allowances. The telephone allowance shall be used for households which have telephone expenses. The telephone allowance shall be used even if actual costs are higher. The telephone allowance shall be prorated if more than one household shares the telephone expenses.(c) Households may change between actual utility costs and the standard utility allowances at each re-certification action and one additional time during each twelve-month period following the initial certification action. Households shall be advised at the time of certification and recertification of the right to claim actual utility costs if the individual utility cost exceeds the standard for that utility. They shall be further advised of their right to switch between the use of actual utility costs and the standard utility allowances.(d) Households which share utilities with any other household shall have the individual allowances prorated among all household members. If the department is unable to actually determine the prorata share of utility costs paid by the parties, the actual utility costs paid by each household shall be used. Under no circumstances shall the total amount of utility costs used to determine the amount of the deduction exceed either the total amount of actual utility costs for the residence if actual costs are being used, or the individual standard utility allowances if the standard is being used.(e) Households shall not be entitled to the utility standard for an individual utility cost if all the cost is paid by an excluded vendor payment. With the exception of households residing in public housing or other rental units that have central utility meters who charge the household for excess utilities, the household shall be eligible to claim the standard utility allowance if the household is responsible to pay any portion of the utility cost that is billed to the household.(f) Households that receive indirect (vendor) energy assistance payments except as provided in subsection (g) may be eligible for the standard utility allowance if they continue to incur out-of-pocket utility expenses during any month for which the energy assistance payment is intended. When the energy assistance payment is reported to the department, it shall be divided by the twelve-month period for which it was intended. This amount shall then be compared with the household's actual monthly utility expenses. When the actual monthly expense exceeds the prorated energy assistance payment in any month, the household shall be entitled to claim the standard utility allowance. If the actual monthly expense is less than the prorated energy assistance payment in all of the preceding twelve months, the household shall claim the actual utility expense only.(g) Households that receive benefits funded through the Low Income Home Energy Assistance Act of 1981, (Title XXVI of Pub. L. No. 97-35), whether directly or in the form of an indirect payment made to the energy provider on the household's behalf, shall be eligible to claim the department's standard utility allowance. The energy expense covered by the Low Income Home Energy Assistance Program shall be considered to be an out of pocket expense for the purpose of determining eligibility to receive the standard utility allowance.(h) The department shall review the standard utility allowances and telephone allowance annually and shall adjust the allowances as necessary to reflect changes in the cost of utilities. The standard utility allowances shall remain in effect during the period of October 1 through September 30 of each year.(i) The sewer and trash standard utility allowance shall be an average of the sewer rate and trash rate of all counties weighted by the percent of the total food stamp population in each county.(j) The telephone allowance shall be an average of the telephone rate of all counties weighted by the percent of the total food stamp population in each county. The rate for each county shall be the sum of basic line rental, basic subscriber rate, and rental of one standard rotary instrument.(k) The water standard utility allowance shall be an average of the water rate of all counties proportioned according to household size and weighted by the percentage of the total food stamp population in each county. The rate for each county shall be the sum of the meter charge, power charge, and rate charge for thirteen thousand gallons.(l) The electricity and gas standard utility allowance shall be an average of the electricity rate and gas rate of all counties weighted by the percentage of the total food stamp population in each county: (1) Electricity rate for each county shall be proportioned according to household size and shall be the sum of the customer charge and the product of the kilowatt hours by number of bedrooms and rate charge;(2) Gas rate for each county shall be an average of the basic gas rate and electricity rate. Basic gas rate for each county shall be proportioned according to household size and shall be the sum of the customer charge and the product of the therms by number of bedrooms and rate charge.(m) Households which incur utility costs for utilities other than the standard allowances shall be allowed the actual utility costs if the household can verify the cost.[Eff 2/7/94; am 10/13/95; am and comp 11/09/06] (Auth: HRS § 346-14) (Imp: 7 C.F.R. §273.9(d)(6))
§ 17-676-73 is based substantially upon § 17-717-32.1. [Eff 6/8/84; am 6/13/85; am 11/29/85; am 8/16/86; am 9/02/86; am 5/28/87; am 8/31/87; am 8/25/90; am 7/20/91; R 3/19/93]