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§17-1724.1-37 (2) The department shall determine whether the battery or cruelty is substantially connected to the need for public benefits which means that without the support of the batterer, the non-citizen is unable to obtain food and shelter because the non- citizen' sown income plus any cash, food, housing, or assistance provided by other individuals including the sponsor, does not exceed one hundred thirty-three per cent of the federal poverty level for the non- citizen' s household size. (3) After the twelve month period ends, the department shall continue to exempt the batterer's income when the battery or cruelty is recognized in an order of a judge or administrative law judge or a prior determination of the users, and the department determines that such battery or cruelty still has a substantial connection to the need for benefits. [Eff 09/30/13; am and comp t40V 1 0 2016 ] (Au th: HRS §346-53; 42 C.F.R. §§435.631, 435.831; 8 U.S.C. §§1631, 1632, 1645; 42 USC §1396b(v) (4) (A)) (Imp: HRS §346-29; 42 C.F.R. §§435.631, 435.831; 8 U.S.C. §§1631, 1632, 1645; Sec. 214, P.L. 111-3; 42 USC §1396b(v) (4) (A)) §17-1724.1-38 Other unearned income. All non- work related income prior to any deductions and not exempt in section 17-1724.1-39, shall be considered countable unearned income that include, but are not limited to: 320 6 fj (1) Social security benefits include: (A) Early retirement benefits at age sixty- two years or full retirement benefits at age sixty-five years or older; (B) Disability benefits to an individual certified as unable to work because of a physical and or mental handicap; 1724.1-16