STATE OF HAWAII
DEPARTMENT OF HUMAN SERVICES
BENEFIT, EMPLOYMENT AND SUPPORT SERVICES DIVISION

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 17-796 relating to the non-assistance program for families with dependent children.

CHAPTER 17-796 NON-ASSISTANCE PROGRAM FOR FAMILIES WITH DEPENDENT CHILDREN

The chapter establishes a statewide non-assistance program that provides
non-recurring short-term (NRST) housing and utility payments for families with minor dependent children, who have an episode of need (e.g., job furlough or lay-off, medical emergency, natural disaster, etc.). The NRST payments are not intended to address a family’s recurring needs and will not extend beyond four months. The chapter defines the criteria that families must meet in order to be eligible and receive an NRST housing or utility payment; describes the disposition of valid applications received from families; outlines the due process if a family disputes an eligibility determination or payment amount; and describes fraud referral and the repayment process if payments were overpaid to third-party payees on behalf of families.

1. §17-796-1, Purpose. This section states the purpose of the chapter and the effective date of the rules.

2. §17-796-2, Definitions. This section provides definitions to the following terms which are referenced within the chapter:
A. Adult
B. Applicant
C. Arrears
D. Department or DHS
E. Department’s designee
F. Dependent child
G. Earned income
H. Episode of need
I. Excluded individual
J. Family unit
K. Family unit member
L. Fraud
M. Housing
N. Non-recurring short-term payments or NRST payments
O. Payee
P. Private organization
Q. Resident
R. Self-employment
S. Specified relative
T. Unearned income
U. Utility expense
V. Valid application

3. §17-796-3, General requirements. This section specifies the general requirements that must be met to receive NRST housing and utility payments which include a dependent child in the family unit who resides with an adult specified relative, or a pregnant woman without a dependent child who is in the third trimester of pregnancy; the applicant or at least one family unit member meets U.S. citizenship or qualified immigrant status; all members of the family unit are residents of the state; the family unit’s total gross income does not exceed the established threshold; and the family demonstrates an episode of need. The section also states that NRST benefits cannot duplicate or replace other housing or utility payments the family unit received or is expected to receive from other government entities, private organizations, or individuals.

4. §17-796-4, Application processing requirements. This section outlines the application requirements including applicants providing additional information or verification to establish their eligibility for the NRST housing or utility payments; outlines how a family unit’s total gross income is calculated; and provides the timeframe when a disposition must be made on a family unit’s application.

5. §17-796-5, NRST payments for housing and utility expenses. This section lists the maximum amounts for each housing and utility payments; how expenses are prorated when a family unit shares an expense with an excluded individual; provisions to which the payments may be received; and how the benefit payments may be issued.

6. §17-796-6, Compliance requirements for NRST payees. This section outlines the requirements that a payee must meet before an NRST payment is made. Requirements include compliance with any applicable federal, state and county laws, and with the rules and regulations of the U.S. Internal Revenue Service and the State Department of Taxation.

7. §17-796-7, Disposition of application. This section defines the date of eligibility; outlines when adjustments are made when NRST payments are duplicative of other payments that a family received; establishes the timeline when a benefit payment is issued following eligibility determination; outlines reasons when an application is denied or discontinued; and describes the notification requirements when an application disposition is made.

8. §17-7796-8, Review of an eligibility determination or payment. This section describes the requirements when an applicant disputes a determination of ineligibility or an NRST payment amount and the required due process.

9. §17-796-9, Overpayment and fraud. This section describes the reasons for overpayments; notification to the family unit when an overpayment claim is made; how repayment to the State is made including collection via tax setoff; and penalties under federal and state laws if fraud is committed by an applicant or family unit.

10. §17-796-10, Termination, denial, or reduction for insufficient funds. This section outlines the options available to the department if there are insufficient funds to continue the NRST housing and utility payments described in the chapter.

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.

RYAN I. YAMANE
DIRECTOR
(MA1497894 7/03/25)