STATE OF HAWAII
DEPARTMENT OF HUMAN SERVICES
BENEFIT, EMPLOYMENT AND SUPPORT SERVICES DIVISION
PUBLIC NOTICE
Pursuant to sections 91-3(b) and 91-4(b)(2), Hawaii Revised Statutes (HRS), notice is hereby given that the Department of Human Services (DHS) has adopted emergency rules chapter 17-685, Hawaii Administrative Rules (HAR), relating to the replacement of stolen financial assistance benefits, Supplemental Nutrition Assistance Program benefits, and supportive service payments.
The emergency rules were adopted on January 25, 2024, and shall be in effect for 120 days pursuant to section 91-3(b), HRS. The emergency rules as adopted are as follows:
CHAPTER 17-685 REPLACEMENT OF STOLEN FINANCIAL ASSISTANCE BENEFITS, SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM (SNAP) BENEFITS, AND SUPPORTIVE SERVICE PAYMENTS
The chapter establishes the rules governing the administration and implementation of the replacement benefits for household units who were victimized by electronic benefit theft through card cloning, card skimming, or similar fraudulent methods.
1. §17-685-1, Purpose. This section states the purpose of the chapter and the effective date of the rules.
2. §17-685-2, Definitions. This section provides definitions to the following terms which are referenced within the chapter:
A. Aid to the aged, blind and disabled or AABD
B. Alternate payee
C. Authorized representative
D. Benefit
E. Card cloning
F. Card skimming
G. Caretaker
H. Child care subsidy
I. Department or DHS
J. Electronic benefit transfer or EBT
K. Federal fiscal year
L. Financial assistance
M. First-to-Work or FTW
N. Fraud
O. General assistance or GA
P. Head of the household unit
Q. Household unit
R. Supplemental Nutrition Assistance Program or SNAP
S. Supportive service payment
T. Temporary assistance for needy families or TANF
U. Temporary assistance for other needy families or TAONF
V. Timely report
3. §17-685-3, Requirements for a claim for replacement of stolen benefits. This section outlines the requirements that household units must meet to be eligible for replacement of stolen benefits including circumstances in which benefits were stolen; defines timely reporting of the electronic benefits theft; and requirement to provide a written attestation of the electronic benefits theft and evidentiary support of the claim for the replacement of stolen benefits.
4. §17-685-4, Processing a claim for replacement of stolen benefits. This section describes the process after the household unit reports an electronic benefits theft and the department receives a claim for replacement of stolen benefits from the recipient.
5. §17-685-5, Disposition and issuance of replacement benefits. This section lists the specific reasons for a denied claim for replacement of stolen benefits. This section also describes the allowable amount of benefits that may be replaced for each program and the maximum number of replacement issuance a household unit may receive in a fiscal year. This section further outlines the order in which cash-related benefits are replaced for a household unit that receives financial assistance benefits and supportive service payments.
6. §17-685-6, Administrative hearing request. This section describes a household unit’s opportunity to request administrative hearing when the household unit disputes the department’s determination and references chapter 17-602.1, HAR. This section also lists the reasons when an administrative hearing request is denied.
7. §17-685-7, Overpayment and fraud. This section describes the circumstances when an overpayment is created and the household unit is subject to recovery of the overpayment; available methods of repayment to the department; criteria for tax setoff; and the applicability of federal and state laws and chapter 17-604.1, HAR, when fraud was committed.
8. §17-685-8, Denial or reduction of replacement benefits for insufficient funds. This section outlines the options available to the department if there are insufficient funds to replace stolen benefits.
A copy of the emergency rules will be mailed at NO COST to any interested person by requesting a copy by calling (808) 586-0975 or by writing to:
Department of Human Services
Benefit, Employment and Support Services Division
Attention: Temporary Assistance for Needy Families Program Office 1010 Richards Street, Room 512
Honolulu, Hawaii 96813
The emergency rules are available for public viewing at the following website: https://humanservices.hawaii.gov/admin-rules-2/admin-rules-for-programs/
Upon request, this notice is available in alternate formats such as large print, Braille, or electronic copy.”
Cathy Betts
Director
