Honolulu, HI – The Hawaii Department of Human Services (DHS) has adopted emergency rules to provide replacement benefits to recipients of financial assistance, child care subsidies, and supportive service payments who have been victims of electronic benefit theft. The new rules, Chapter 17-685.3 of the Hawaii Administrative Rules (HAR), went into effect on April 4, 2025, and will remain in place for 120 days.
The emergency rules address the growing concern of benefits theft through methods like card cloning and card skimming. They outline the process for reporting and claiming replacement benefits for individuals and families affected by these fraudulent activities.
“These emergency rules are a crucial step in protecting vulnerable families in Hawaii from the devastating impact of benefits theft,” stated a DHS spokesperson. “We are committed to ensuring that those who rely on these vital resources are not further harmed by these criminal acts.”
Chapter 17-685.3 details various aspects of the replacement benefit program, including:
- Definitions: Clear definitions of terms such as “card cloning,” “card skimming,” “electronic benefit transfer (EBT),” and various assistance programs (TANF, GA, AABD, etc.).
- Eligibility Requirements: Outlines the criteria that household units must meet to be eligible for replacement of stolen benefits, including timely reporting of the theft, and providing a written attestation and supporting evidence.
- Claims Processing: Describes the process the DHS will follow after a theft is reported and a claim for replacement is received.
- Disposition and Issuance: Specifies reasons for claim denial, the allowable amount of benefits that may be replaced for each program, and the maximum number of replacement issuances a household unit may receive in a federal fiscal year. It also outlines the order in which cash-related benefits will be replaced.
- Administrative Hearings: Explains the process for requesting an administrative hearing if a household unit disputes the DHS’s determination, referencing chapter 17-602.1, HAR.
- Overpayment and Fraud: Details the circumstances in which an overpayment is created and subject to recovery, available repayment methods, criteria for tax setoff, and the applicability of state and federal laws when fraud is committed.
- Insufficient Funds: Addresses the department’s options if there are insufficient funds available to replace stolen benefits.
The DHS encourages anyone who believes their financial assistance benefits have been stolen to report the incident immediately and file a claim for replacement.
A copy of the emergency rules can be obtained at no cost by calling (808) 586-0975 or 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 also available for public viewing online at: https://humanservices.hawaii.gov/admin-rules-2/admin-rules-for-programs/
Upon request, the public notice is available in alternate formats such as large print, Braille, or electronic copy.