In this part the following words have the meanings indicated. “Applicant” means an individual who applies for assistance under this part. “Assistance” means: cash payments to a recipient; and payments necessary for supplementary services for a recipient, including: the recipient’s funeral expenses as provided in § 5-415 of this subtitle; and placement of the recipient in a suitable home or institution if: the recipient lacks a legal guardian or other person legally responsible for the recipient’s support; and the recipient consents. “Program” means the Public Assistance to Adults Program. “Recipient” means an individual who receives, or has received, assistance under this part.

There is a State funded Public Assistance to Adults Program in the Administration. The Program shall be: in effect in each county; and administered by the local departments in accordance with regulations that the Administration adopts.

A resident of the State is eligible for assistance under this part if the resident: lacks sufficient income or benefits to maintain a reasonable subsistence compatible with decency and health; and is eligible for or receives cash benefits under Title XVI of the federal Social Security Act; or is aged, blind, or disabled as defined under Title XVI of the federal Social Security Act and, but for income, would receive cash benefits under that title. An applicant may not assign or transfer property to establish eligibility for assistance under this part during the 3 years before: filing an application for assistance; or receiving assistance.

An application for assistance under this part shall be made: to the local department of the county where the applicant resides; and in the form and manner that the Administration requires. Whenever a local department receives an application for assistance under this part, the local department shall make a record of: the circumstances of the applicant; the facts supporting the application; and any other information that the Administration requires by regulation.

The local department shall determine an amount of assistance that is sufficient, when added to all other income and support available to a recipient, to provide the recipient with a reasonable subsistence compatible with decency and health. In determining the amount of assistance, the local department shall consider the recipient’s available resources and necessary expenditures and the conditions existing for the recipient. In determining the amount of assistance, the local department shall consider support from children as a potential resource and evaluate the amount of the support and its availability to the recipient, in accordance with regulations that the Administration adopts.

The local department shall: determine: whether an applicant is eligible for assistance under this part; and in accordance with regulations that the Administration adopts, the amount of the assistance and the date on which the assistance will begin; and notify the applicant of its decision. Assistance shall be paid to the applicant monthly or as the Administration otherwise determines. If the funds available are insufficient to make payments in accordance with the amount of assistance established to be needed, the Administration shall adopt regulations to provide for a uniform method of adjusting individual payments.

Assistance granted under this part may not be transferred or assigned. Assistance paid or payable under this part is not subject to: execution; levy; attachment; garnishment; other legal process; or the operation of any bankruptcy or insolvency law. The local department shall reconsider all assistance granted under this part as frequently as the regulations of the Administration require. The amount of assistance may be changed or assistance may be canceled if, after any further investigation the local department considers necessary or the Administration requires, the local department or the Administration finds that the recipient’s circumstances have altered sufficiently to warrant the change or cancellation. A recipient shall notify the local department immediately if, while receiving assistance, the recipient receives property or income in excess of the amount stated in the application for assistance. After an investigation, depending on the circumstances, the local department may: cancel the assistance; or change the amount of assistance. Assistance paid before the recipient received the property or income that exceeds the recipient’s need may be recovered by the local department as a debt due. The net amount recovered shall be divided between the State and county in proportion to the amount of assistance paid by each. When a recipient dies: the total amount of assistance paid under this part shall be allowed as a claim against the estate; and the net amount recovered shall be divided between the State and county in proportion to the amount of assistance paid by each. The claim may not be enforced against real estate occupied by the recipient’s surviving spouse or dependents.

An applicant or recipient may appeal to the Administration if the local department: does not act on an application within a reasonable time; denies an application wholly or partly; or modifies or cancels a grant of assistance. The appeal shall be filed in the manner and form that the Administration requires. The Administration shall give the applicant or recipient reasonable notice and an opportunity for a hearing on the appeal. On its own motion, the Administration may: review any decision of a local department; and consider an application on which the local department has not made a decision within a reasonable time. The Administration: may make any additional investigation it considers necessary; and shall make any decision on the granting of assistance and the amount of assistance it considers justified in accordance with this part. On request, the Administration shall give an applicant or recipient affected by a decision made under paragraph (2) of this subsection reasonable notice and an opportunity for a hearing. A decision of the Administration under this section is final and binding on the local department. The local department shall comply with a decision of the Administration under this section.

The Administration shall: supervise the administration of the Program under this part by the local departments; adopt regulations necessary or desirable to carry out this part, including regulations to: establish eligibility requirements and any other requirements not set forth in this part; and establish standards for the amount of assistance a recipient may receive under this part; prescribe the form of and supply to the local departments any forms the Administration considers necessary and desirable; and take any other action necessary or desirable to carry out this part.

Each local department shall: administer this part in its county in accordance with the regulations the Administration adopts; and report to the Administration as the Administration directs.

Except in connection with a criminal proceeding brought under this part, a person may not charge or receive a fee from an applicant, recipient, or any other person: with respect to an application under this part; or to represent an applicant or recipient in any proceeding under this part. A person who violates this section is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $500.

Any assistance granted under this part is subject to future repeal or amendment of this part. A recipient is not entitled to compensation if the recipient’s assistance is affected by repeal or amendment of this part.

A local department may pay the reasonable funeral expenses of a decedent who was a: recipient of public assistance, including temporary cash assistance or public assistance to adults; or State resident receiving Supplemental Security Income under Title XVI of the Social Security Act. The funeral expenses paid by the local department may not exceed $900. A local department may not pay funeral expenses under this section unless: each person legally responsible for the support of the decedent is unable to pay the expenses; and other resources, including available death benefits of the estate, are insufficient to pay the expenses. Payments provided in accordance with this section shall be charged to State funds.