Title 07 — Subtitle 03. Family Investment Administration

“Application” means giving written notice to the local department of social services of the desire to receive assistance.

“Application” does not include an inquiry, which is simply a request for information about eligibility requirements for benefits.

“Verification” means proof that the statements made by an individual during the application or redetermination of eligibility for benefits are true.

“Verification” includes proof contained in documents or records of public or private agencies, firms, or individuals.

A fine of not more than $1,000;

Imprisonment for not more than 3 years; or

Both fine and imprisonment.

Coverage;

Scope of the program; and

Related services available; and

Require an individual applying for benefits to file an application on forms specified and approved by the Department;

Advise the individual of the eligibility factors to be verified, and the types of proofs that may be accepted by the local department to determine eligibility;

Notify applicants and recipients that the signed application constitutes their consent to permit the Department to request information from any entities to assist in the eligibility determination;

Limit access to information received from records of public or private entities in accordance with the confidentiality provisions in COMAR 07.01.07; and

Provide all individuals receiving benefits, as described in Regulation .01 of this chapter, with clear and timely notice of their rights and responsibilities.

The ownership of ground and buildings by the State, county, or municipal government;

Management in whole or in part by or through any public instrumentality, official, or employee acting in an official capacity; or

The major portion of expenses being met by inclusion in the public budget and appropriation for it.

“Inmate of a public institution” means an individual who is living in the public institution and plans to continue to live there, or is there by court commitment.

“Inmate of a public institution” does not include an individual who:

Assistance may not be granted to an individual in a public or a private institution for tuberculosis or mental disease who is 64 years old or younger.

Assistance may be granted to an individual who is 65 years old or older in an institution for tuberculosis or mental disease if the individual is:

Certified for payment under the Medical Assistance Program for care in a public medical institution; or

In an intermediate care unit that is a distinct part of a public medical institution qualified for payment under the Medical Assistance Program.

The reasons for the denial or termination;

The specific Department regulation supporting this action; and

An explanation of the individual's right to request an administrative hearing about the decision.

Application is not complete; or

Local department does not make a decision on eligibility within 30 days after filing.

Reason for the delay; and

Any action that the individual or the local department must take.

The action the individual is required to take; and

A warning that the local department shall deny the application if it is not completed within 60 days of its filing date.

The date of the appointment;

A list of any verification needed; and

A warning that, if the application is incomplete at the end of the 60-day period after the filing date because of any failure of the applicant, the local department shall deny the application.

Offer or provide assistance to the applicant to complete the application form;

Notify the applicant with a statement of required verification or to allow the applicant 10 days after the local department's request for verification;

Explore and attempt to resolve with the applicant unclear or incomplete information; or

Notify the applicant that the local department could reschedule a missed interview.

Cooperate with the local department in resolving unclear or incomplete information provided at the interview;

Provide missing verification; or

Reschedule a missed appointment.

At the time of application; and

Whenever the local department notifies the applicant or recipient of any action to deny, delay, suspend, reduce, or terminate assistance.

Temporary Cash Assistance provides cash assistance while preparing program participants for independence.

Office of Home Energy Programs includes:

“Asset” means any real or personal property an applicant or recipient owns which may be used to meet living expenses.

“Asset” includes cash on hand, savings, and items such as stocks and bonds that can be converted to cash.

Physical acts that result in, or threaten to result in, physical injury to the individual;

Sexual abuse;

Sexual activity involving a dependent child;

Nonconsensual sexual acts or activities;

Threats of, or attempts at, physical or sexual abuse;

Mental abuse;

Neglect or deprivation of medical care; or

False imprisonment.

“A drug-related felony that was committed after August 22, 1996” means a felony involving the possession, use, or distribution of a controlled dangerous substance that was committed after August 22, 1996.

“Convicted of a drug-related felony on or after July 1, 2000” means convicted of a felony on or after July 1, 2000, that has an element of manufacturing, distribution, or possession with the intent to distribute a controlled dangerous substance.

“Earned income” means payment received by an individual for work or services performed.

“Earned income” includes wages, salary, commissions, tips, and proceeds from self-employment.

Outlines the family's goals;

Describes the steps to achieve the goals; and

Identifies the responsibilities of the local department and customer to implement the steps.

Establishing or maintaining the assistance unit's eligibility for Family Investment Programs; or

Increasing or preventing a reduction of the amount of Family Investment Programs benefits.

The department of social services in a county or Baltimore City;

In Montgomery County, the Montgomery County Department of Health and Human Services; and

In the instance of Office of Home Energy Programs, the local administering agency.

Is lawfully admitted for permanent residence under the Immigration and Nationality Act;

Is admitted to the United States as a refugee under §207 of the Immigration and Nationality Act;

Is granted asylum under §208 of the Immigration and Nationality Act;

Has had deportation or removal withheld under §243(h) or 241(b)(3) of the Immigration and Nationality Act;

Has been granted status as a Cuban or Haitian entrant as defined in §501(e) of the Refugee Education Assistance Act of 1980;

Is paroled into the United States under §212(d)(5) of the Immigration and Nationality Act for a period of at least 1 year;

Is granted conditional entry pursuant to §203(a)(7) of the Immigration and Nationality Act as in effect before April 1, 1980; or

Is a battered spouse, battered child, or parent or child of a battered individual.

Meet established disability requirements; or

Are 65 years old or older.

“Verification” means proof that the statements made by an individual during the application or recertification of eligibility for FIP are true.

“Verification” includes proof contained in documents or records of public or private agencies, or firms or individuals.

Reason for the WAG;

Period of time the WAG covers; and

The maximum amount of the WAG.

There is a compelling need; and

The maximum does not exceed 12 months times the maximum monthly allowable amount for the number of individuals in the assistance unit as described in Regulation .17 of this chapter.

Shall deny an application for TCA during the period covered by the WAG; and

May not pay TCA until the period covered by the WAG has expired.

Transitional child care, based on the caretaker relative's income; and

Transitional Medical Assistance for 4 months, without consideration of the assistance unit’s income.

Maryland Energy Assistance Program; and

Electric Universal Service Program.

Require an individual applying for FIP to file an application specified and approved by the Department;

Advise the individual of the eligibility factors to be verified, and the types of proofs which may be accepted by the local department to determine eligibility;

Notify applicants and recipients that the signed application constitutes their consent to permit the Department to request information from any entity to assist in determining eligibility;

Limit access to information received from records of public or private entities in accordance with the confidentiality provisions in COMAR 07.01.07; and

Provide all individuals receiving benefits under FIP with clear and timely notice of their rights under §104(e) of Public Law 104-193 (1996).

The applicant;

An authorized representative; or

Someone acting responsibly for the applicant if the applicant is incompetent or incapacitated.

Reasons for applying for, or continued reliance on, assistance;

Education level, job skills and readiness, and interests, to enable evaluation for appropriate program activities;

Available personal and family resources to facilitate independence;

History of domestic or family violence; and

History of substance abuse, as described in Regulation .09 of this chapter.

Child support services;

Job services;

Food Supplement Program benefits;

Medical Assistance;

Social services;

Family preservation services;

Referral to Family Planning and Early and Periodic Screening, Diagnosis, and Treatment (EPSDT) services;

Child care;

Transportation; and

Referrals to other services, including, but not limited to:

Description of available services;

Statement of the applicant's rights and responsibilities;

Statement describing fraud and acknowledging the penalties for fraud; and

Description of substance abuse requirements as described in Regulation .09 of this chapter.

Family's goals;

Requirement to comply with requests for cooperation;

Work activities in which the individual shall participate;

Requirement to apply for all potential resources;

Other actions which the individual is required to take; and

Support services that the local department shall provide.

Child support activities;

Job search activities;

Employment activities;

Community service; and

Substance abuse treatment programs as described in Regulation .09 of this chapter, if appropriate.

Countable income;

Social Security number for each household member or proof of application for a new or replacement card; and

The immigration status of any noncitizen.

Statements made by the customer in writing, verbally or on the application; or

Information available to the Department from other sources.

The action taken;

The regulation supporting the action; and

An explanation of the individual's right to request an administrative hearing about the decision.

The child, if born and living with the woman, would be eligible; and

Financial need and all eligibility requirements are met; and

A felony under the laws of the place from which the individual is fleeing; or

In the case of New Jersey, a high misdemeanor under the laws of that state;

Full-time and attending educational activities leading to a high school diploma; or

In an alternative education or training program approved by the State.

The minor has no living available adult relatives;

The available adult relatives do not allow the minor to reside in their households;

The minor or the minor's child would be subject to physical or emotional harm, sexual abuse, or neglect in the home of any available adult relative;

The social service worker finds that living with any available adult relative would not be in the best interest of the minor or the minor's child;

The minor lived apart from the minor's parent, legal guardian, or non-parent caretaker relative for at least 1 year before the birth of the minor's child;

The minor lived apart from the minor's parent or legal guardian for at least 1 year before the application for assistance; or

The minor resides in an adult-supervised supportive living arrangement.

U.S. citizen; or

Qualified immigrant as described in Regulation .02B of this chapter or otherwise permanently residing in the United States under color of law.

Eligible for benefits funded entirely with State general funds; and

Guaranteed medical assistance only if the individual meets the definition of a child.

Is living in the State voluntarily and not for a temporary purpose and has no immediate intention of moving from the State; and

Is not receiving assistance from another state.

The child is absent for educational or treatment purposes;

The Secretary or the Secretary's designee has approved the purpose for the absence; and

The relative retains responsibility, custody, and control for the child.

The absence is because of:

The absence does not exceed 90 days;

State residency has not been abandoned; and

The caretaker maintains responsibility, care, and control of the child.

Verification once a year that each child between birth and 6 years old in the calendar year has satisfied the Early and Periodic Screening, Diagnosis, and Treatment schedule; or

Verification that each child who is 7 years old or older in the calendar year is:

Cooperating with a service agreement for Child Protective Services, Intensive Family Services, or Families Now;

Verification of an acute or chronic medical condition or learning disability of the child or the minor parent's child;

Verification of the observance of religious holidays; or

Verification of the death of an immediate family member, if:

$25 for a child who is not a minor parent; and

The incremental portion of the allowable amount for a minor custodial parent who is not:

The voluntary quit was from employment that:

Hours were reduced:

Refusing or failing to cooperate with work requirements;

Quitting a job; or

Reducing work hours.

Ill or disabled individual's prognosis;

Doctor's expectation for the length of the illness or disability;

Activities the individual may engage in; and

Activities the individual may not engage in;

Unavailability of appropriate child care within a reasonable distance from the parent's home or work site;

Unavailability or unsuitability of informal child care by a relative or others; or

Unavailability or unsuitability of appropriate and affordable formal child care arrangements;

Be referred to the Social Security Administration for determination of eligibility for SSI or other benefit; and

Sign an Interim Payment Reimbursement Authorization as described in §B of this regulation.

Apply for the benefit; and

Provide all information for an eligibility determination by actively cooperating with appropriate agencies by pursuing an SSI application on their own or through a personal representative.

Of $60 from administrative funds for each examination; and

Not to exceed $40 for laboratory work.

Social Security Administration to send the individual's initial SSI payments to the Department or the local department; and

Department or the local department to deduct from the payments an amount equal to the interim assistance provided.

Beginning the month the recipient applies for SSI benefits; and

Ending the month the SSI payments begin.

State retains the right to receive benefits due for the retroactive period; and

Department or the local department shall return any excess payment to the Social Security Administration district office that served the individual after deducting the amount of interim assistance for the retroactive period.

Substance abuse requirements specified in §C of this regulation; and

Penalties for failure to comply with these requirements.

Obligation to participate in drug testing; and

Penalty for a custodial parent recipient convicted of a drug-related felony after July 1, 2000, as specified in §E(5) of this regulation.

Participate in substance abuse screening and assessment with the addictions specialist at the time of the initial application and when necessary to assess the need for substance abuse treatment;

Enroll and maintain active enrollment in an appropriate treatment program when referred by the addictions specialist or a substance abuse treatment provider; and

When screening by the addictions specialist reveals that an individual has a substance abuse problem, sign a medical release that allows the local department or its designee to receive from the direct provider of services the:

Comply with the requirements specified in §C(1) of this regulation; and

For a period of 2 years starting from the date of application, participate in drug testing.

Applicant failed to comply with the requirements specified in §C of this regulation, the local department shall:

Recipient failed to comply with the requirements specified in §C of this regulation, the local department shall:

Applicant convicted of a drug-related felony that was committed after August 22, 1996, failed to comply with the requirements specified in §C of this regulation, the local department shall:

Recipient convicted of a drug-related felony that was committed after August 22, 1996, failed to comply with the requirements specified in §C of this regulation, the local department shall:

A custodial parent recipient convicted of a drug-related felony after July 1, 2000, shall become ineligible for TCA for 1 year from the date of the conviction.

The local department shall notify the recipient of the:

After the year of ineligibility, to receive TCA the sanctioned parent shall comply with the requirements in §C of this regulation. Compliance is required for a period of 2 years starting from the later of the date the individual:

Identifying and locating the absent parent of a child for whom assistance is requested;

Establishing the paternity of a child born out of wedlock for whom assistance is requested; and

Obtaining support payments or any other payments or property due to the caretaker relative or the child for whom assistance is requested.

Mail from the child support enforcement agency going to the incorrect address;

Natural disaster or civil disorder;

Critical illness;

Family crisis requiring the individual's full attention; and

The individual is away from home both during the period notices were sent and the appointments were scheduled.

Cooperation is reasonably anticipated to result in serious physical or emotional harm to the:

The child for whom support is sought was conceived as a result of incest or forcible rape;

The caretaker relative is currently being assisted by a public or licensed private social agency to resolve the issue of whether to keep the child or relinquish the child for adoption, and the discussions have not gone on for more than 3 months; or

Legal proceedings for the adoption of the child are pending before a court of competent jurisdiction.

A birth certificate or law enforcement record which indicates that the child was conceived as a result of incest or forcible rape;

A court document or other record that indicates that legal proceedings for adoption are pending before a court of competent jurisdiction;

Court, medical, criminal, child protective services, psychological, or law enforcement record that indicates that the putative father or absent parent might inflict physical or emotional harm on the child or caretaker relative;

Medical records that indicate the emotional health history and the present emotional health status of the child or caretaker relative, or written statement from a mental health professional that indicates a diagnosis or prognosis of the emotional health of the child or the caretaker relative;

A written statement from a public or licensed private social agency that the caretaker relative is being assisted by the agency to resolve the issue of whether to keep or relinquish the child for adoption and the discussions have not gone on for more than 3 months; or

A written statement from the caretaker or other individuals with knowledge of the circumstances that provide the basis for a good cause reason.

Shall be in writing;

Contains the local department's findings and the basis for the determination, a copy of which shall be retained in the FIP record; and

Was completed within 45 days of the receipt of the claim by the local department unless the information required to verify the claim cannot be obtained within the time standard.

Apply the income disregards as described in §E(3) of this regulation to the income of the ineligible member;

Divide the result by the number of individuals in the assistance unit plus the ineligible member; and

Multiply the quotient by the number of assistance unit members to obtain the amount of income countable from the ineligible member.

The income countable to TCA from a stepparent is determined in the following manner:

The countable income of a stepparent is determined as described in §§B and C of this regulation, and from this amount the following disregards apply:

Wages;

Salaries;

Commissions;

Tips;

Earnings from self-employment;

Armed Services Basic Allowance; and

Infrequent or irregular earnings excluding up to a maximum of $30 per calendar quarter.

Multiply the weekly gross earned income by 4;

Multiply the gross earned income received once every 2 weeks by 2;

Divide the gross earned income received monthly by 4.3, and multiply by 4; or

Divide the annual gross income by 52 and multiply by 4.

The portion of a sponsor's income countable to the assistance unit as described in Regulation .15B of this chapter;

Lump sum income as described in Regulation .14 of this chapter;

The prorated portion of the income of a technically ineligible individual as described in §A(3) of this regulation;

Child support received by the assistance unit;

Monetary gifts received by the assistance unit;

Monetary contributions received by the assistance unit;

Social Security retirement, survivors, and disability benefits received by the assistance unit;

Workers' compensation;

Unemployment insurance benefits received by the assistance unit;

The first $60 of government housing subsidies paid on behalf of recipients residing in:

Infrequent or irregular unearned income excluding up to a maximum of $200 per 6 months.

Multiply income received once every 2 weeks by 2;

Multiply income received weekly by 4;

Multiply income received twice a month by 2;

Divide income received less often than monthly, including annual income, by the period of time it is intended to cover; and

Count monthly income as received.

Public housing;

Section 8 housing; or

Housing receiving rental assistance from the Farmer's Home Administration (FMHA), §515 of the Rental Assistance Act;

All loans are excluded, including loans from private individuals and commercial institutions;

A formal repayment agreement is not required but the intent to repay the loan must exist;

The household's statement may be accepted regarding the repayment agreement; and

In questionable cases, or cases where recurrent private loans are made, the local department may obtain a signed statement regarding the repayment obligation from the individual making the loan;

20 percent of the gross earned income or 50 percent of gross self-employment income to test for eligibility during the application process;

After eligibility has been established, 40 percent of the gross earned income or 50 percent of gross self-employment income for recipients who have obtained unsubsidized employment;

Payments for the care of each child in the assistance unit or an incapacitated adult living in the home not to exceed:

Verified payments of child support to an individual outside the assistance unit.

Accept or continue employment;

Seek employment;

Attend an assessment or training that leads to employment; or

Pursue education that leads to employment.

Theft of money;

Disaster defined as fire, flood, tornado, or civil disorder;

Eviction or foreclosure;

Theft or breakdown of an essential appliance;

Breakdown of essential household furnishings, equipment, or structure necessitating repair or replacement; or

Lack of heating or utilities or insufficient fuel supply;

Cash on hand;

Money in a savings account; and

Money in a checking account.

A refugee;

A parolee;

An individual granted asylum; or

A Cuban or Haitian entrant;

The individual has been battered or subjected to extreme cruelty in the United States by the individual's spouse or parents or by another family member residing in the household who was allowed to commit the act;

The battery or cruelty has a substantial connection to the need for benefits; and

The spouse or child subjected to the cruelty is not living with the individual who committed the acts; or

Shall determine the eligibility and benefit level of any remaining assistance unit members;

Shall consider available to the remaining household members the income and resources of the sponsored immigrant; and

May not include the deemed income and resources of the immigrant's sponsor or the sponsor's spouse.

Becomes a citizen of the United States;

Has worked, or can be credited with, 40 qualifying quarters of work, provided that the sponsored immigrant is not credited with any quarter beginning after December 31, 1996, during which the immigrant receives a federal means-tested public benefit;

Ceases to hold the status of an alien lawfully admitted for permanent status and has departed the U.S.; or

Dies.

Physically or mentally disabled;

Unable to manage funds; or

A pregnant or unmarried minor parent;

Transitional assistance is authorized as prescribed in Regulation .19A(6) of this chapter; or

An adult is sanctioned for failure to comply with substance abuse requirements as described in Regulation .09C of this chapter.

FIP staff member; or

Provider of goods and services, such as a landlord or a grocer, who deals with the applicant or recipient for profit;

Disabled caretaker relative requests in writing to be the payee of the benefit; or

Local department's social services worker verifies that the caretaker relative is no longer unable to manage funds and recommends that the caretaker relative becomes the payee for the FIP benefit.

Assistance unit resides in public housing;

Payee of the TCA benefit requests in writing that the assistance unit's rent be paid directly to the local housing authority; and

Local housing authority authorizes its local unit to become the payee of the recipient's rent;

Assistance unit resides in public housing;

Assistance unit's rent payment is 30 days or more delinquent; and

Local housing authority requests payment by the local department;

Local housing authority requests termination; or

TCA benefits are paid directly to an employer to supplement wages.

Track the family's funds and properly account for disbursement of the funds;

Either personally or through trained staff or volunteers provide services relating to the TCA recipient's management of funds; and

Provide services to assist the customer in meeting the requirement when the reason for the third-party payment is failure to comply with a program requirement.

A FIP staff member;

An individual with medically diagnosed alcoholism or drug addiction; or

An entity who deals with the customer for a profit, which would create a conflict of interest.

Impose the organization's religious instruction or worship practices on an individual; or

Use administrative fees paid to the organization to further sectarian religious instruction or worship.

Assign a period of eligibility as described in Regulation .05D of this chapter, after which a new application is required;

Notify a recipient when a reapplication is required; and

Schedule an interview for a reapplication in time to provide uninterrupted benefits.

Any change in circumstance that may affect the amount of payment to the local department within 10 days of the change; and

New employment within 10 days of receipt of the first pay.

Except as provided in paragraph (b) of this section, unless TCA is continued pending disposition of an appeal, the effective date of the grant change is:

Unless TCA is continued pending disposition of an appeal, if the change in circumstance involves new employment, the effective date of the grant change shall be no later than 10 days following the receipt of the first pay upon the participant obtaining employment.

A statement of what action the local department intends to take;

The reasons for the intended action;

The specific regulations supporting the action;

An explanation of the individual's right to request an administrative hearing;

The circumstances under which assistance is continued if an administrative hearing is requested; and

The appellant's obligation to repay any benefits issued during the appeal period if the administrative hearing results in a determination that the appellant was ineligible for benefits that were issued pending appeal.

A statement of what action the local department intends to take;

The reasons for the intended action;

A statement of a specific change in law requiring the action;

An explanation of the individual's right to request an administrative hearing;

The circumstances under which assistance is continued if an administrative hearing is requested; and

The appellant's obligation to repay any benefits issued during the appeal period if the administrative hearing results in a determination that the appellant was ineligible for benefits that were issued pending appeal.

Death of the recipient;

The recipient's whereabouts are unknown, after exploring all available information;

The recipient has been accepted for assistance in a new jurisdiction;

The TCA child is removed from the home by a court or is placed in foster care; or

The recipient requests, in writing, that the case be closed.

Work as specified in Regulation .07-1 of this chapter;

Child support as specified in Regulation .10A of this chapter;

Substance abuse treatment and testing as specified in Regulation .09 of this chapter;

Long term disability requirements as specified in Regulation .08A and B of this chapter; and

Minor parent school enrollment and attendance as specified in Regulation s.07H and .07-1 of this chapter.

Sending the individual a letter to schedule a conciliation conference;

Following up on the letter through telephone contact or personal contact as appropriate and feasible;

Investigating with the individual any barriers or good cause reasons for the noncompliance; and

Assisting the individual in resolving the barriers to compliance.

Entire assistance unit is ineligible; and

Case manager shall:

Child remains a member of the assistance unit;

Child’s incremental portion of the grant is deducted from the family’s TCA grant; and

Case manager shall:

For a first instance of noncompliance, a sanction may not be imposed less than 30 days from the first written notice of noncompliance with a program requirement, and:

For a second or subsequent instance of noncompliance, a sanction may be imposed:

For a third and any subsequent instance of noncompliance, TCA shall be resumed and prorated from the day after the 30 calendar day period during which the sanctioned individual complied with the work activity for all available activity days.

The sanction period shall start over;

No additional instance of noncompliance is counted against the noncomplying individual; and

The TCA benefit may not be resumed until compliance is met.

Placed with another caretaker relative by the Social Services Administration;

In the legal custody of another caretaker relative; or

Living with another caretaker relative when the sanctioned caretaker relative is institutionalized.

After termination of TCA, transitional assistance may be available to assistance units in which an adult is not in compliance with a work requirement to the extent that a third-party payee is available to administer funds.

Upon a determination that transitional assistance shall be provided, the TCA that would have been paid to the assistance unit shall be paid instead to a third-party payee on behalf of the recipient for a period not to exceed 3 months.

Priority for transitional assistance shall be given to an assistance unit with:

Local department determines that the parent is ready to engage in work in accordance with UE requirements in Regulation .07-1 of this chapter; or

Parent has received assistance for 24 cumulative months under TCA funded wholly or in part by federal funds.

Unavailability of appropriate child care within a reasonable distance from the parent's home or work site;

Unavailability or unsuitability of informal child care by a relative or others; or

Unavailability or unsuitability of appropriate and affordable formal child care arrangements.

A minor child and not the head of household or married to the head of household;

Determined to be a victim of domestic or family violence and receiving counseling;

Disabled for 12 or more months, applied for Supplemental Security Income, and repaid the State when SSI benefits were paid;

A needy TCA recipient who was not a parent but was included in the TCA grant; or

Working and eligible because of the TCA earned income disregard as provided in Regulation .13E(3)(b) of this chapter.

There is a current signed family independence plan that states the:

There is an initial and updated assessment; and

There is documentation to support the local department's determination that the adult parent has:

The case manager shall document in the case record the:

The case manager shall make a recommendation based on the family's record as to:

The recommendation shall include a determination as to whether the local department was able to make the support services available to the family as specified in the plan;

If the local department determines that an adult parent is exempt because of hardship:

Overcome the family's barriers to employment;

Assist the family in preparing for the transition to work; and

Ensure that the family becomes independent.

A statement of the goals and intent of the plan;

A statement or list of the problems or barriers that shall be overcome to achieve the goals of the plan;

A list of the services and supports that the case manager and the local department shall provide to assist the family, as appropriate to the plan, as well as the time frames in which these services will be provided; and

A list of the responsibilities and activities that the family shall undertake and accomplish, as appropriate to the plan, and the time frames in which each task shall be completed.

A FIP supervisor; and

The director of the local department or designee.

Secretary;

Local department;

Department's Constituent Services Office;

Departmental Equal Opportunity Officer; or

Office of Civil Rights, U.S. Department of Health and Human Services, Region III, Philadelphia, PA.

The employer has terminated the employment of an employee, or the employee's current position, or otherwise caused an involuntary reduction in its work force in order to fill the vacancy with a subsidized participant;

An individual is hired while another person is on layoff, including seasonal layoff, from the same or substantially equivalent position;

The employer has reduced the hours of an employee in the same or substantially equivalent position to less than full time in order to employ or assign a subsidized participant; or

The employment or assignment results in the impairment of an existing contract for services.

“Subsidized employment” means employment in the public or private sector which is supported in part by federal or State funds for a limited time.

“Subsidized employment” does not include employment for which an employer receives a tax credit.

“Subsidized employment” includes benefit diversion in which the participant's cash assistance and food stamp benefits are diverted to an employer to subsidize compensation paid to the participant.

Not supported by federal or State FIP funds; and

Employment which is an arrangement solely between the employer and the employee.

Alleged cause of the complaint; or

Employee knew or should have known of the alleged cause of complaint; and

Determine whether displacement occurred and send written notice to the employee and employer of the local department decision; and

Notify the employee and employer in writing that, if either disagrees with the decision, either has a right to request a conference before the Welfare Displacement Review Panel which shall be comprised of:

Render a decision upholding, reversing, or modifying the local department decision;

Notify the employee, the employer, and the local department, in writing, of the panel's decision; and

Give each employee and employer written notification that, if either disagrees with the Welfare Displacement Review Panel's decision, each has a right to request an administrative hearing in the same manner that a recipient would request an administrative hearing under COMAR 07.01.04.

Determine whether displacement occurred;

Issue the final administrative decision not later than 90 days after the date of the request for the hearing; and

Send a copy of the decision to the parties and to the local department.

Binding on the local department; and

Subject to review by the circuit court.

Nonprofit organizations;

Local education agencies;

Local management boards;

Local health departments;

Religious organizations; and

Institutions of higher education.

Issuance of a request for proposal in accordance with the requirements of Article 88A, §53, Annotated Code of Maryland; and

Establishment of an evaluation panel to review competing proposals and to recommend to the Secretary those proposals which have the greatest programmatic and financial merit.

Applicants specify what goods or services they will provide to participants; and

Each demonstration project shall:

Who has submitted an application for assistance:

Whose application is pending.

“Earned income” means payment received by an individual for work or services performed.

“Earned income” includes wages, salary, commissions, tips, and proceeds from self-employment.

Furnishes, in single or multiple facilities, food and shelter to more than 16 individuals unrelated to the proprietor; and

Provides treatment or services beyond the basic provision of food or shelter.

Establishing or maintaining the applicant or recipient's eligibility for TDAP; or

Increasing or preventing a reduction of the amount of TDAP.

A department of social services in a county or Baltimore City; and

The Montgomery County Department of Health and Human Services.

An institution that is the direct fiscal responsibility of a governmental unit; or

An institution over which a governmental unit exercises administrative control.

Is lawfully admitted for permanent residence under the Immigration and Nationality Act, 8 U.S.C. §§1101 —1537;

Is admitted to the United States as a refugee under §207 of the Immigration and Nationality Act, 8 U.S.C. §1157;

Is granted asylum under §208 of the Immigration and Nationality Act, 8 U.S.C. §1158;

Has had deportation or removal withheld under §243(h) or 241(b)(3) of the Immigration and Nationality Act, 8 U.S.C. §1253(h) or 1231(b)(3);

Has been granted status as a Cuban or Haitian entrant as defined in §501(e) of the Refugee Education Assistance Act of 1980, 8 U.S.C. § 1522 note;

Is paroled into the United States for a period of at least 1 year under §212(d)(5) of the Immigration and Nationality Act, 8 U.S.C. §1182(d)(5);

Is granted conditional entry pursuant to §203(a)(7) of the Immigration and Nationality Act, 8 U.S.C. §1153(a)(7), as in effect before April 1, 1980; or

Is a battered spouse, battered child, or parent or child of a battered individual.

Is physically present in the local department area;

Has no address in any other local department area; and

Intends to remain in the local department area.

Cash;

Liquid assets; and

Any real or personal property that the individual:

Meet established disability requirements; or

Are 65 years old or older.

“Verification” means proof that the statements made by an individual during the application or recertification of eligibility for TDAP are true.

“Verification” includes proof contained in documents or records of public or private agencies, firms or individuals.

A fee of up to $60; and

The costs of laboratory work for each examination according to Maryland Department of Health schedules, but not to exceed $40.

Contract with an entity to provide the necessary medical findings to verify the impairment; and

Require individuals applying, as a condition of eligibility for assistance, to use that entity to provide those necessary medical findings.

Make the decision on the application according to COMAR 07.03.01;

Conduct an interview with the individual at the time of application; and

Verify all factors of:

An applicant shall support the application for TDAP with a medical report before a decision is made on eligibility.

The medical report shall:

The applicant shall sign a release permitting the State to obtain and use copies of all medical reports, held by any source, that pertain to the applicant.

The local department or the SRT may request additional medical information, including, if necessary, laboratory testing, to determine eligibility or to establish an eligibility period.

Be less than the estimated recovery time indicated on the medical report; and

Not exceed the estimated recovery time indicated on the medical report.

Is pursuing SSI eligibility; and

Remains TDAP eligible.

Reapplies;

Is determined to be eligible; and

Continues to pursue the individual's SSI benefit claim.

Withdraws the application for SSI; or

Has been finally denied SSI benefits.

Reapplies;

Is determined to be eligible; and

Continues to pursue the individual's SSI benefit claim.

Withdraws the application for SSI; or

Has been finally denied SSI benefits.

Participate in appropriate medical treatment as determined by the local department consistent with the medical findings obtained under §A of this regulation; or

Undergo screening by a certified addictions specialist:

Permits the Social Security Administration to mail the individual's initial payment to the Department or the local department; and

Permits the Department or the local department to deduct from these payments an amount equal to the TDAP interim assistance provided.

Consider the SSI presumptive payment income;

Consider the payment income in the month received when separate SSI presumptive payments are made to the eligible individual; and

Be entitled to reimbursement from the retroactive lump sum SSI check for assistance provided when the recipient does not report receipt of a presumptive SSI payment.

Take all possible steps to make the resource available; and

Submit verification of efforts being made to obtain the resource.

Disregard the cash-in value of the most valuable policy; and

Count the cash-in value of the other policies toward the resource limit;

Lives in the home;

Plans to return to the home within 6 months from the date of application for assistance; or

The individual's spouse lives in the home.

Face value of insurance policies if the cash surrender value of policies has been excluded from resources; and

Insurance amounts in an irrevocable trust, or other irrevocable agreement, available to meet burial expenses.

Resource affecting current eligibility; and

Fraud or intentional program violation that might have reduced or canceled the eligibility period or defeated recovery provisions.

Theft of money;

Disaster defined as fire, flood, tornado, or civil disorders;

Eviction or foreclosure, or payments of past due rent or mortgage payments to avoid eviction or foreclosure;

Theft or breakdown of an essential appliance, defined as a refrigerator, cooking or heating stove, or washing machine, necessitating repair or replacement, so that the individual's living arrangement may continue;

Breakdown of essential household furnishings, equipment, or structure necessitating repair or replacement, so that the individual may remain in the home;

Lack of heating fuel or utilities, insufficient heating fuel supply, or threat of imminent utility cutoff; or

Allowable medical expense payments for:

Take all possible steps to make the income available; and

Submit verification of efforts being made to obtain the income.

Except as described in §B(6) of this regulation, the earned income and all unearned income of the spouse with whom the individual is living is considered to be income to the individual in the month received by the spouse.

An amount equal to the allowable amount, as described in Regulation .07C of this chapter, to meet the needs of the nonapplicant or nonrecipient spouse is disregarded.

The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970; or

The Maryland Relocation and Assistance Act, Real Property Article, Title 12, Subtitle 2, Annotated Code of Maryland;

The eligible individual;

A judicially appointed legal representative, guardian, trustee, or committee; or

A representative payee appointed by the local department.

Medical diagnosis identifies an active medical condition of:

Recipient is not actively participating in a treatment program or in remission from active substance abuse.

Initial and subsequent decisions and plan for payments to the representative payee shall be reviewed and approved by the appropriate supervisory staff;

Decision and plan shall be reviewed at each application;

Individual selected as a representative payee may not be:

Local department shall terminate protective payments when they are no longer required by the provisions of §C(2) of this regulation.

Eligibility period is shortened or terminated; or

Method of delivery of assistance is changed.

A statement of the action the local department intends to take;

The reasons for the intended action;

The specific regulations supporting the action;

An explanation of the individual's right to request a hearing before the Office of Administrative Hearings; and

The circumstances under which assistance is continued, if a hearing is requested.

Shall provide an opportunity for an agency conference:

May not take the intended action until after the conference with the applicant or recipient or the representative.

Local department has factual information confirming the death of an individual;

Local department receives a clear written statement signed by the individual that:

Individual's whereabouts are unknown;

Individual has moved out of State; or

Local department has factual information confirming that the individual was admitted to a public institution.

A statement of the intended action;

The reasons for that intended action;

A statement of the specific changes in law requiring the action or the specific action taken under Regulation .17 of this chapter; and

A statement of the circumstances under which a hearing may be obtained.

Hospitalization; or

Inability to secure a necessary appointment.

Individuals with an eligibility period of 9 months or less;

Individuals with an eligibility period of 12 months; or

Both groups as described in §A(1)(a) and (b) of this regulation;

Individuals with an eligibility period of 9 months or less;

Individuals with an eligibility period of 12 months; or

Both groups as described in §A(2)(a) and (b) of this regulation; or

Recipients with an eligibility period of 9 months or less;

Recipients with an eligibility period of 12 months; or

Both groups as described in §A(3)(a) and (b) of this regulation.

The amount of cash assistance the individual or couple received for December 1973, under programs in the State's plan approved under Title I, X, XIV, or XVI of the Social Security Act programs, including any part of the amount attributable to meeting special needs or circumstances, but not including any special rental allowances paid by political subdivisions of the State which were disregarded in computing the amount of cash assistance; and

The amount of nonassistance income received in December 1973 remaining after application of all appropriate income exclusions, minus any unreported income in December 1973, which, if reported, would have resulted in a reduction in the amount of assistance.

The amount, if any, of the SSI benefit to which the individual or couple is entitled for the month under Title XVI of the Social Security Act; and

The amount of any income for the individual or couple for the month, other than Title XVI benefits, that would have been counted as income under the State Plan in operation for June 1973.

Provide all necessary information needed for initial or continued program eligibility and ensure that the information is true, correct, and complete; and

Cooperate with the Agency in all aspects of program administration.

Permits the Social Security Administration to mail the initial SSI payment to the local department providing the Public Assistance to Adults; and

Allows the local department to reimburse itself for the assistance granted the recipient.

Paid up to the maximum allowable amount as set forth in §B(2) of this regulation; and

An allowable need for the purposes of Public Assistance to Adults.

Paid up to a maximum allowable amount as set forth in §C(2) of this regulation; and

An allowable need for the purposes of Public Assistance to Adults.

Is the beneficiary; and

Has unrestricted access to the principal of the trust.

Applicant or recipient was living in the home and plans to return to the home within 6 months from the date of the application for assistance; or

Spouse with whom the applicant or recipient was living when the applicant or recipient entered care is still living in the home.

The face value of insurance policies if the cash surrender value of the policies has been excluded from resources; and

Amounts in an irrevocable burial contract, or other irrevocable agreement, available to meet burial expenses.

Directly to the individual; or

To the individual's legal guardian; and

Demonstration Project Program for Local Services (PLS);

Volunteers in Service to America (VISTA);

University Year for Action;

Retired Senior Volunteer Program (RSVP);

Foster Grandparents;

Older American Community Service Program;

Service Corps of Retired Executives (SCORE); and

Active Corps of Executives (ACE);

An amount equal to the resource limit as described in Regulation .05A of this chapter, or an amount which when added to existing resources would equal the resource limit, may be retained;

The remaining lump sum is considered income and is added to the sum of all other income for the month after work expenses and other allowable disregards have been applied;

Income resulting from the computation in §E(3)(b) of this regulation is divided by the allowable amount for the individual;

The recipient is ineligible for the period of months equal to the quotient resulting from the division in §E(3)(c) of this regulation beginning with the first month for which advance notice of termination requirements can be met;

Any amount remaining which is less than the allowable amount is counted as income in the first month after the ineligibility ends;

If the lump sum is less than the monthly allowable amount and the asset limitation has been reached, the lump sum is deducted from the grant for the first month for which advance notice of reduction requirements can be met; and

The recipient who receives a lump sum payment in the month of application is ineligible for the period of months equal to the quotient resulting from the division in §E(3)(c) of this regulation beginning with the month of application.

It is no longer in the possession of the individual and can not be recovered or used for every day expenses; and

This unavailability has been verified.

Theft of money;

Disaster defined as fire, flood, tornado, or civil disorder;

Eviction or foreclosure; or

Medical expenses.

Treatment or service rendered in a hospital, clinic, or nursing home;

Treatment or service rendered by a physician, dentist, certified psychologist, licensed social worker, or any health professional licensed or certified by the State;

Prescription drugs when prescribed by a health professional licensed under State law to prescribe drugs; and

Over-the-counter medication, health-related supplies, or appliances recommended by a health professional licensed by the State.

What action the agency intends to take;

The reasons for the intended agency action;

The specific regulations supporting this action;

The explanation of the individual's right to request a fair hearing; and

The circumstances under which assistance is continued, if a hearing is requested.

The recipient no longer wishes assistance; or

Gives information which requires termination or reduction of assistance and the recipient has indicated in writing the recipient's understanding that this is the consequence of supplying the information;