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UNOFFICIAL 1723.2-4

Operations, Export Financing and Related Programs Appropriations Act of 1988 (Pub. L. 100-202, section 101(e)) and succeeding amendments; or (F) Admitted for permanent residence, provided the individual previously held one of the statuses identified above. (3) An individual who meets any of the requirements in section 17-1723.2-10(2) shall be referred to as a “refugee” in this chapter. (4) Provide the name of the resettlement agency which resettled them in order for the department to notify the agency upon receipt of an application. (5) Not be a full-time student in higher education, unless part of an employability plan for a refugee under 45 C.F.R. §400.79 or for an unaccompanied minor under 45 C.F.R. §400.112. [Eff 09/30/13] (Auth: HRS §§346-14, 346-56, §101(a)(42) of the INA, 45 C.F.R. §§400.43, 400.90, 400.100, 400.101, 400.102) (Imp: HRS §§346-14, 346- 56, §101(a)(42) of the INA, 45 C.F.R. §§400.43, 400.90, 400.100, 400.101, 400.102)

§17-1723.2-11 Income Requirements. (a) Income shall be based on information as of the date of application. The department may not employ prospective averaging of income methodology. (b) A refugee ineligible under section 17- 1723.2-10 due to excess income under chapters 17-1715, 17-1716, 17-1717, 17-1718, 17-1719, or 17-1730.1 is eligible under the provisions of this chapter if able to spend down to the applicable standard through incurred medical expenses. (c) A refugee initially determined eligible under chapters 17-1715, 17-1716, 17-1717, 17-1718, 17- 1719 or 17-1730.1 who is subsequently terminated due to earnings from employment shall be transferred to