This chapter defines the eligibility criteria for all social services provided by the Department of Human Services through the Social Services Administration or by other public and private agencies who provide social services through purchase of service agreements with the Administration. This chapter also describes the requirements of eligibility determination and redetermination. “Administration” means the Social Services Administration of the Department of Human Services. “TCA” means temporary cash assistance to eligible children and caretaker relative under the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (PRWORA). “Application” means a form signed and dated by a client requesting services from the Department or from a purchase of service vendor funded by the Department. “Documentation” means provision of documents such as pay stubs and benefit awards which verify the amount of monthly or annual gross income. “Elderly Persons” means those persons who have reached age 65, and their spouses, regardless of age. “Emancipated Minor” means a child who is freed from the custody of the parent and from the obligation to render services to the parent. “Family” means the basic family unit consisting of one or more adults and children, if any, related by blood, marriage, or adoption, and residing in the same household. If related adults, other than spouses, reside together, each is considered a separate family. Children living with non-legally responsible relatives, emancipated minors, and children living under the care of unrelated persons are considered separate families. This definition is used for the determination of eligibility based on income and family size. “Fee Scale” means a graduated fee for services related to the individual or family income which does not exceed the cost of the service to be charged the eligible individual. The fee charged for more than one service to a family or individual or more than one individual in a family receiving service is designed to remain reasonably related to income. “Local department” means the local department of social services or the Montgomery County Department of Health and Human Services. Monthly Gross Income. “Monthly Gross Income” means the sum of monthly income received by an individual from sources such as money wages or salary, net income from non-farm self-employment, net income from farm self-employment, dividends, interest, Social Security, pensions or annuities, income from estates, or trusts, net rental income or royalties. Unemployment Compensation, Public Assistance payments, Worker's Compensation, Alimony, Child Support, or Veteran's pensions. These sources are identified by the U.S. Census Bureau in computing average income. The following are excluded from monthly gross income: Earned income of a child; Earned income tax credit; In-kind earnings (food, clothing, room, utilities, and similar items in exchange for labor); National and Community Service Trust Act (NCSTA) organization payments made to participants in AmeriCorps USA, AmeriCorps Vista, AmeriCorps NCCC, The Senior Corps, The Youth Corps, and The Learn and Serve; Grants, loans, or scholarships for education; TCA approved training allowances; Foster care payments; Adoption subsidy payments; Subsidized guardianship payments; Food stamp value; Uniform relocation assistance; Reimbursement for any out-of-pocket expenses incurred while performing volunteer work such as transportation, mileage, or parking expenses; Emergency Assistance to Families with Children grants (EAFC); Third party payments; Needs-based payments made to participants in Workforce Investment Act programs to cover transportation, clothes or uniforms, child care, or other training related expenses; Income or assets distributed to certain Indian tribes as required by Pub. L. No. 94-114, §5; Vietnam Veterans' allowances for children with spina bifida; Supplemental Security Income (SSI); Energy grants and allowances received through the Maryland Department of Human Services Maryland Energy Assistance Program or Electric Universal Service Program; Gifts; Lump sum inheritances or insurance payments; or Capital gains. “Purchase of Service Vendor” means a public or private agency which provides social services under a contractual agreement with the Department. “SSI (Supplemental Security Income)” means monthly cash payments made by the Social Security Administration to an aged, blind, or disabled individual who meets the requirements for this aid under Title XVI of the Social Security Act. The following individuals or families are eligible for services appropriate to them: Recipients of TCA; Recipients of SSI or TEMHA (Temporary Emergency Housing and Medical Assistance) or Public Assistance to Adults (PAA); and Individuals other than those described in §A or B of this regulation if the family's monthly gross income does not exceed 80 percent of the State's median income for a family of four, adjusted for family size, according to Schedule A, or the income requirements in the specific program chapters; the unborn child shall be included in family size in the determination of eligibility related to income for any service needed as a result of the pregnancy. Each individual wishing to do so shall be assured the opportunity to apply for services without delay. The application may be filed by the applicant himself or his authorized representative, or, where the applicant is incompetent or incapacitated, someone acting responsibly for him including agency staff. Any person who fraudulently obtains, attempts to obtain, or aids another person in fraudulently obtaining services to which he is not entitled, may be subject to prosecution. The local department shall inform the applicants for and recipients of a social services program about the eligibility requirements and their rights and obligations under the program. Applicants for services based on income eligibility requirements shall sign an application form prescribed by the agency. The applicant shall: Declare under the penalty of welfare fraud that true, correct, and complete information is provided; Acknowledge that the possibility of selection as part of a State review of eligibility may require documentation of income; Acknowledge the right to withdraw the application at any time; and Acknowledge that the information of the application and any State review will be strictly confidential. Applicants for adoption, foster home approval, day care registration, single parent services, family planning services, voluntary foster care, and voluntary protective services for adults or children shall sign a statement prescribed by the Social Services Administration. The applicant's statement shall: Declare under the penalty of perjury that true, correct, and complete information is provided; and Acknowledge the right to withdraw the application at any time. A recipient of involuntary foster care or involuntary protective services for adults or children shall be requested to sign a statement prescribed by the Social Services Administration. If he refuses, the service is to be provided with the notation in the case record that he did not wish to sign the statement and the date that the case came to the attention of the local department of social services. For family planning services, the case record shall contain the written request of the client acknowledging the voluntary nature of the service. For protective services to adults or to children, the case record shall describe the circumstance of actual or potential abuse, neglect, or exploitation of a child or adult. For information and referral, a signed application by the client is not required. A signed application is not necessary for services for which eligibility is determined on a group basis. Participation by an individual in this service is considered a request for services. Individual Basis. A determination of eligibility shall be made on each application within 30 days of the date on which it was signed. For each individual determined to be eligible, Departmental records shall include sufficient information for the conclusion that the established criteria of eligibility have been met. In the case of income eligibility, written documentation of a person's income may be required, if income statements made by the applicant seem incomplete, inconsistent, or unclear. Written notice shall be given to an applicant or client within 10 working days when a decision is made on an application for services, or during receipt of services, which denies, reduces, suspends, or terminates services. The notice shall state the decision and the basis for it, cite the regulation supporting it, and shall explain the applicant's right to and the method to request a fair hearing. Determination of eligibility may be made by a local department of social services or by a purchase of service vendor. Group Basis. The recipients of Home Delivered Meals Service and Multi-Purpose Senior Center Services are considered eligible as a group and an individual determination of client eligibility is not required. Unless it is denied, a requested service shall be provided within 15 days of eligibility decision except in the following circumstances: Services as described within the service chapters of COMAR are provided to the extent that allocated funds are available. The local department of social services shall establish criteria subject to the approval of, and in the format required by, the Social Services Administration, for placing applicants on a waiting list when sufficient funds are not available to render the service requested. If the insufficiency of funds for a service is Statewide, the criteria shall be established by the Social Services Administration, by regulation when appropriate. Redetermination of eligibility shall be made by the local department or service vendor: When required on the basis of information the agency has obtained about anticipated changes in the individual's situation. Promptly, not to exceed 30 days, after information is obtained by the local department of social services or a purchase of service vendor about changes which have occurred in the individual's circumstances that may make him ineligible. Periodically, but not less frequently than every 6 months. The need for service shall be redetermined at least every 6 months. For individuals whose monthly gross income at the time of determination is derived exclusively from pensions or Social Security benefits, or SSI benefits or a combination thereof, redetermination may be made of their income eligibility at 12-month intervals. Recipients of services for which eligibility is determined on a group basis are not subject to the redetermination requirements. Appeals for an administrative hearing and the conduct of the hearing are according to the administrative hearing regulations in COMAR 07.01.04. SCHEDULE AIncome by Family Size(For the period July 1, 2014-June 30, 2015) Family Size/Percent Median Income 40% 50% 60% 80% 115% 1 person - (52%) $55,355 $22,142 $27,678 33,213 $44,284 $63,658 2 persons - (68%) 72,387 28,955 36,194 43,432 57,910 83,245 3 persons - (84%) 89,420 35,768 44,710 53,652 71,536 102,833 4 persons - (100%) 106,452 42,581 53,226 63,871 85,162 122,420 5 persons - (116%) 123,484 49,394 61,742 74,091 98,787 142,007 6 persons - (132%) 140,517 56,207 70,258 84,310 112,413 161,594 7 persons - (135%) 143,710 57,484 71,855 86,226 114,968 165,267 8 persons - (138%) 146,904 58,762 73,452 88,142 117,523 168,939 9 persons - (141%) 150,097 60,039 75,049 90,058 120,078 172,612 10 persons - (144%) 153,291 61,316 76,645 91,975 122,633 176,285 *For each additional family member above 10 persons, add $3,194 to the median income for a family of 10. Human Services Article §§4-205 and 4-207, Annotated Code of MarylandFederal Statutory Reference: 42 U.S.C. §§621 AND 9902 Effective date: October 1, 1975 Regulation .01 amended effective April 8, 1985 (12:7 Md. R. 699) Regulation .01H amended effective June 27, 1980 (7:13 Md. R. 1271) Regulation .02 amended effective April 8, 1985 (12:7 Md. R. 699) Regulations .02E, F, H, J; .03A, B; .04A, D, E, F, G, H; .05A, C, E; .09C amended effective May 3, 1976 (3:17 Md. R. 912) as emergency; adopted permanently at 3:17 Md. R. 912 Regulation .02F amended effective December 12, 1980 (7:25 Md. R. 2333) Regulation .02H amended effective June 2, 1978 (5:11 Md. R. 886) and June 1, 1979 (6:11 Md. R. 977) Regulation .03C amended effective April 8, 1985 (12:7 Md. R. 699) Regulation .04A amended effective June 30, 1978 (5:13 Md. R. 1041); July 1, 1980 (7:13 Md. R. 1272) Regulation .04B amended effective July 1, 1980 (7:13 Md. R. 1272); June 12, 1981 (8:12 Md. R. 1060); March 1, 1983 (10:3 Md. R. 208) Regulation .04E adopted effective June 2, 1978 (5:11 Md. R. 886) Regulations .04, .05, and .06 repealed effective June 3, 1985 (12:11 Md. R. 1046) Regulation .06 amended effective September 14, 1981 (8:18 Md. R. 1477) Regulations .07, .08, and .09 amended effective June 2, 1978 (5:11 Md. R. 886) Regulation .07B amended effective October 6, 1986 (13:20 Md. R. 2208) Regulation .07D amended effective April 8, 1985 (12:7 Md. R. 699) Regulation .08A amended effective October 6, 1986 (13:20 Md. R. 2208) Regulation .08B amended effective April 8, 1985 (12:7 Md. R. 699) Regulation .08C amended effective May 15, 1981 (8:10 Md. R. 875) Regulation .10 amended effective January 5, 1977 (4:1 Md. R. 15); October 6, 1986 (13:20 Md. R. 2208) Regulation .11 amended by emergency provision effective July 1, 1976 (3:19 Md. R. 1050) Regulation .11 amended effective April 13, 1977 (4:8 Md. R. 633); August 31, 1977 (4:18 Md. R. 1394); November 3, 1978 (5:22 Md. R. 1672); September 7, 1979 (6:18 Md. R. 1457); July 1, 1980 (7:13 Md. R. 1272); August 17, 1981 (8:16 Md. R. 1362); March 1, 1983 (10:3 Md. R. 208); January 30, 1984 (11:2 Md. R. 111); January 14, 1985 (12:1 Md. R. 15); April 8, 1985 (12:7 Md. R. 699); October 20, 1985 (12:21 Md. R. 2029); September 8, 1986 (13:18 Md. R. 2018); October 5, 1987 (14:20 Md. R. 2140); July 1, 1988 (15:11 Md. R. 1330); August 21, 1989 (16:16 Md. R. 1749); November 12, 1990 (17:22 Md. R. 2654); October 28, 1991 (18:21 Md. R. 2307); March 15, 1993 (20:5 Md. R. 513); January 17, 1994 (21:1 Md. R. 29); December 19, 1994 (21:25 Md. R. 2104); December 4, 1995 (22:24 Md. R. 1893); December 16, 1996 (23:25 Md. R. 1784); September 8, 1997 (24:18 Md. R. 1295) Regulation .11 repealed and new Regulation .11 adopted effective November 2, 1998 (25:22 Md. R. 1651) Regulation .11 repealed and new Regulation .11 adopted effective December 13, 1999 (26:25 Md. R. 1897) Regulation .11 repealed and new Regulation .11 adopted effective November 13, 2000 (27:22 Md. R. 2059) Chapter revised effective December 24, 2001 (28:25 Md. R. 2189) Regulation .08 repealed and new Regulation .08 adopted effective November 25, 2002 (29:23 Md. R. 1810); October 13, 2003 (30:20 Md. R. 1447); December 9, 2004 (31:24 Md. R. 1725); October 10, 2005 (32:20 Md. R. 1655); October 9, 2006 (33:20 Md. R. 1614); May 19, 2008 (35:10 Md. R. 972); November 30, 2009 (36:24 Md. R. 1856); November 15, 2010 (37:23 Md. R. 1609); October 17, 2011 (38:21 Md. R. 1276); December 24, 2012 (39:25 Md. R. 1610); December 12, 2013 (40:24 Md. R. 2016); August 3, 2015 (42:15 Md. R. 1015)