The provisions of this chapter apply to: Public Assistance to Adults as set forth in COMAR 07.03.07; Temporary Disability Assistance Program as set forth in COMAR 07.03.05; The Burial Assistance Program as set forth in COMAR 07.03.20; and Emergency Assistance to Families with Children as set forth in COMAR 07.03.08. The provisions of this chapter do not apply to the: Family Investment Program (FIP); Food Supplement Program; or Refugee Cash Assistance. The FIP applicants shall comply with the provisions of COMAR 07.03.03. Food Supplement Program applicants shall comply with the provisions of COMAR 07.03.17. Refugee Cash Assistance applicants shall comply with the provisions of COMAR 07.03.16. In this chapter, the following terms have the meanings indicated. Terms Defined. “Applicant” means an individual who has submitted an application for assistance directly or through the individual's authorized representative or, if incompetent or incapacitated, through someone acting responsibly for the individual, and whose application is pending. Application. “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. “Authorized representative” means an individual who has been designated in writing by the applicant or recipient to act on behalf of the applicant or recipient. “Benefit” means a grant provided under a program as described in Regulation .01 of this chapter. “Department” means the Department of Human Services. “Local department” means a department of social services in a county or Baltimore City and the Montgomery County Department of Health and Human Services. “Recipient” means an individual in an active case. Verification. “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. An individual may choose which program to apply under. An individual requesting assistance, or on whose behalf a request is made, shall have the opportunity to file an application if the individual wishes. An interview that may be conducted over the telephone rather than face to face shall be conducted, before a benefit is authorized, for the purpose of clarifying all factors of eligibility and explaining the applicant's rights and responsibilities. An individual applying for or receiving benefits shall: Read, or have read to the individual, a statement of what constitutes fraud; and Sign this statement acknowledging that the individual understands that the penalties for welfare fraud may be: A fine of not more than $1,000; Imprisonment for not more than 3 years; or Both fine and imprisonment. An applicant may be: Assisted by an individual of the applicant's choice in the application process and the redetermination of eligibility; and Accompanied by that individual in contacts with the local department. Individuals eligible for financial assistance with federal financial participation are eligible for medical assistance under Title XIX without being required to file a separate application. The Department shall give to applicants, in writing and orally, as appropriate: Information pertinent to the individual's decision about whether the individual wishes to file a signed application; Information about: Coverage; Scope of the program; and Related services available; and The rights and responsibilities of applicants for or recipients of assistance. Application. The local department shall: 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 application shall be signed under penalty of perjury by the applicant, by an authorized representative, or by someone acting responsibly for the applicant if the applicant is incompetent or incapacitated. The local department shall verify the following factors of eligibility: Countable income; Countable assets, except for the Temporary Cash Assistance Program, which does not consider assets and resources as part of the eligibility determination; Social Security number for each applicant or proof of application for a new number; and The immigration status of any noncitizen. The local department may require verification of any questionable information provided by the individual. The applicant shall obtain the information and verification that the local department requires to make a decision as to eligibility for payment. If the individual is physically or mentally incapable of taking the needed action, or lacks resources to meet these requirements, the local department shall: Assist the individual or the representative in obtaining necessary verifications; Pay any costs incurred from administrative funds; and Obtain the individual's written consent before initiating action to obtain verification on the individual's behalf. The local department shall deny the application for refusal to cooperate if the applicant or recipient refuses to cooperate with the local department in completing the process described in Regulation .03 and .04 of this chapter. To make a determination of refusal to cooperate, the local department shall determine that the individual was able to cooperate but demonstrated that the individual would not take the actions that were required to complete the application process. If there is a question as to whether the individual has only failed to cooperate, as opposed to refused to cooperate, the local department may not deny the individual on the grounds of refusal to cooperate. The local department shall find the individual ineligible if the individual refuses to cooperate in subsequent reviews of eligibility, including reviews generated by reported changes and applications for redetermination. An individual who transfers property to become eligible for assistance at any time within 3 months before filing application for assistance is ineligible. In determining whether or not the transfer was for the purpose of becoming eligible for benefits, the local department shall give consideration to: The individual's reason for the transfer; The amount received in relation to the individual's full equity in the property; and Whether the proceeds have been used for reasonable living expenses before application. The provisions of §§A and B of this regulation do not apply to Temporary Cash Assistance. In this regulation, the following terms have the meaning indicated: “Public institution” means a place of residence which affords shelter or care to two or more individuals and which is operated and managed under public auspices, as evidenced by: 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. “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: Has a definite plan to leave the institution within the current month or the following month; Is attending a public educational or vocational training institution where living in the institution is incidental to the purpose of securing education or training; or Is on conditional release from a public mental hospital and enters into another living arrangement free of controls by the hospital other than professional help or guidance related to his mental condition. Eligibility. Tuberculosis or Mental Hospitals. 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; and In one of the State mental or tuberculosis hospitals designated for payment under that program. Public Institution. The local department may not grant assistance to an inmate of a public institution except while a patient 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. Private Institution. The local department may grant assistance to an eligible individual in a private institution except as limited by this regulation. The local department shall: Make a decision as to payment of a benefit as promptly as possible, but not later than 30 days from the date of the first filing of the signed application, except as described in Regulation .09 of this chapter; Promptly pay the benefit to an eligible individual and continue payment regularly thereafter until the individual is found to be ineligible; and Begin benefits effective the first day of the month for which eligibility is established, unless otherwise specified by regulation. Written Notice of Approval. When the local department determines that an individual is eligible, the local department shall send written notice to the applicant or recipient to indicate: That benefits have been authorized; and The amount of the benefit. Written Notice of Denial. The local department shall send a notice to the individual when the local department denies or terminates the individual's benefits. The notice of denial or termination shall specify: 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. An application shall be disposed of by a finding of eligibility or ineligibility unless: The applicant voluntarily withdraws the application, and there is documentation in the case record that a notice has been sent to confirm the applicant's notification to the local department that the individual does not wish to pursue the application; or There is a documentation in the case record that the application has been disposed of because the applicant died or could not be located. Notice of Pending Status. The local department shall send a notice of pending status to the applicant if the: Application is not complete; or Local department does not make a decision on eligibility within 30 days after filing. If the local department caused the delay, the notice shall include the: Reason for the delay; and Any action that the individual or the local department must take. If the individual does not complete the application process before the end of the 30-day period, the notice shall include: 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. If the local department failed to schedule the first interview within 30 days of the filing date, the notice shall include: 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. Delay Caused by the Local Department. If the local department caused a delay in the application process, the local department shall continue to process the application. Local department caused delays include, but are not limited to, the local department's failure to: 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. Delay Caused by the Applicant. If the application is completed after the 30th day and before the 60th day due to a delay caused by the applicant, the benefit calculation is from the date the individual takes the required action. Applicant caused delays include, but are not limited to, the individual's failure to: Cooperate with the local department in resolving unclear or incomplete information provided at the interview; Provide missing verification; or Reschedule a missed appointment. Appeal of Local Department Decision. The local department shall give written notice of the right to, and the procedures for requesting and obtaining, an administrative hearing to each applicant or recipient of benefits: 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. The appeal procedures are set forth in COMAR 07.01.04. Discrimination. An applicant, recipient, authorized representative, or individual acting on behalf of an individual who believes the local department has discriminated on the basis of age, race, color, sex, disability, religion, national origin, or political beliefs may file a written complaint in accordance with COMAR 07.01.03.08. A case record or other official records of the Department or local departments shall be maintained, including documentation or recording of the sources of verifications of all required elements of eligibility, to show accurately and completely that the requirements of this chapter have been met. Human Services Article §§5-207 and 5-501(b), Annotated Code of Maryland(Agency Note: Federal Regulatory Reference—45 CFR §206.10) Effective date: Regulations .01, .02 effective July 7, 1976 (3:14 Md. R. 746) Regulation .01 amended affective July 18, 1994 (21:14 Md. R. 1227) Regulation .01-1 adopted effective October 1, 1996 (23:19 Md. R. 1372) Regulation .01-1 amended as an emergency provision effective December 9, 1996 (23:26 Md. R. 1855); amended permanently effective March 24, 1997 (24:6 Md. R. 483) Regulation .02 amended effective December 30, 1977 (4:27 Md. R. 2102) Regulation .02E amended effective July 18, 1994 (21:14 Md. R. 1227) Regulation .02H repealed and new Regulation .02H adopted effective August 10, 1987 (14:16 Md. R. 1772) Regulation .02I amended effective June 1, 1979 (6:11 Md. R. 977) Regulation .02J amended effective July 18, 1994 (21:14 Md. R. 1227) Regulation .03 amended as an emergency provision effective November 1, 1995 (22:23 Md. R. 1794); amended permanently effective May 1, 1996 (23:8 Md. R. 604) Regulation .03 amended effective October 1, 1996 (23:19 Md. R. 1372) Regulation .03A effective July 1, 1974 Regulation .03A, B amended effective December 30, 1977 (4:27 Md. R. 2102) Regulation .03B, C effective July 7, 1976 (3:14 Md. R. 746) Regulation .03B amended as an emergency provision effective December 1, 1982 (9:26 Md. R. 2569); adopted permanently effective March 14, 1983 (10:5 Md. R. 464) Regulation .03-1 adopted effective July 18, 1994 (21:14 Md. R. 1227) Regulation .04 effective July 1, 1974 Regulation .04 amended effective June 1, 1979 (6:11 Md. R. 977); July 18, 1994 (21:14 Md. R. 1227) Regulation .05 effective July 7, 1976 (3:14 Md. R. 746) Regulation .06A effective September 17, 1975 (2:21 Md. R. 1340) Regulation .06A amended effective October 10, 1983 (10:20 Md. R. 1783) Regulation .06B effective December 10, 1975 (2:28 Md. R. 1666) Regulation .07 amended effective December 30, 1977 (4:27 Md. R. 2102) Regulations .01—.07 repealed and new Regulations .01—.11 adopted effective December 10, 2001 (28:24 Md. R. 2127) Regulation .01A, B amended and E adopted effective August 16, 2004 (31:16 Md. R. 1253) Regulation .01B, D amended effective April 28, 2014 (41:8 Md. R. 469) Regulation .03 amended effective August 16, 2004 (31:16 Md. R. 1253) Regulation .03C amended effective April 28, 2014 (41:8 Md. R. 469) Regulation .04A amended effective April 28, 2014 (41:8 Md. R. 469) Regulation .06C adopted effective April 28, 2014 (41:8 Md. R. 469) Regulation .07B amended effective August 16, 2004 (31:16 Md. R. 1253) Regulation .08A, C amended effective August 16, 2004 (31:16 Md. R. 1253) Regulation .09A, C amended effective August 16, 2004 (31:16 Md. R. 1253) Regulation .10A amended effective August 16, 2004 (31:16 Md. R. 1253) Effective date: Regulations .01, .05—.08 amended and Regulation .12 repealed as an emergency provision effective July 1, 1989 (16:14 Md. R. 1562); emergency status extended at 17:3 Md. R. 293 (February 9, 1990), 17:15 Md. R. 1845 (July 27, 1990), and 18:1 Md. R. 26 (January 11, 1991) Regulation .01A amended effective July 28, 1978 (5:15 Md. R. 1186); May 10, 1982 (9:9 Md. R. 902); February 28, 1994 (21:4 Md. R. 274) Regulation .01 amended as an emergency provision effective August 1, 1990 (17:15 Md. R. 1845) Regulation .01A amended as an emergency provision effective April 1, 1981 (8:7 Md. R. 638); adopted permanently effective July 20, 1981 (8:14 Md. R. 1222) Regulation .01A amended as an emergency provision effective September 1, 1982 (9:19 Md. R. 1891); emergency status expired December 31, 1982; adopted permanently effective January 2, 1983 (9:26 Md. R. 2571) Regulation .01A, C, D, G amended as an emergency provision effective October 1, 1981 (8:21 Md. R. 1703); emergency status extended at 8:24 Md. R. 1934, 8:25 Md. R. 1992, 9:2 Md. R. 110, 9:4 Md. R. 326; adopted permanently effective March 1, 1982 (9:4 Md. R. 328) Regulation .01A, C amended effective May 14, 1975 (2:10 Md. R. 752) Regulation .01A, D, G amended effective February 22, 1980 (7:4 Md. R. 346) Regulation .01A-1 adopted effective May 10, 1982 (9:9 Md. R. 902) Regulation .01A-1 amended effective April 4, 1988 (15:7 Md. R. 849) Regulation .01B amended effective September 19, 1980 (7:19 Md. R. 1085) Regulation .01B(2) amended effective March 5, 1975 (2:5 Md. R. 313) Regulation .01B, D amended effective July 7, 1976 (3:14 Md. R. 746) Regulation .01C amended effective August 2, 1982 (9:15 Md. R. 1513); March 18, 1991 (18:5 Md. R. 592) Regulation .01C—I amended effective February 2, 1977 (4:3 Md. R. 143) Regulation .01D amended effective December 21, 1981 (8:25 Md. R. 1993); March 1, 1982 (9:4 Md. R. 328); September 27, 1982 (9:19 Md. R. 1892); January 31, 1983 (10:2 Md. R. 108); January 1, 1984 (10:23 Md. R. 2062); January 13, 1986 (13:1 Md. R. 15); February 10, 1986 (13:3 Md. R. 270); July 13, 1986 (13:14 Md. R. 1632); July 27, 1987 (14:15 Md. R. 1658); July 15, 1988 (15:15 Md. R. 1807); March 18, 1991 (18:5 Md. R. 592); December 21, 1992 (19:25 Md. R. 2204); July 18, 1994 (21:14 Md. R. 1227); July 17, 1995 (22:14 Md. R. 1052) Regulation .01D amended as an emergency provision effective December 1, 1982 (9:26 Md. R. 2569); adopted permanently effective March 14, 1983 (10:5 Md. R. 464) Regulation .01E amended effective May 11, 1977 (4:10 Md. R. 768); December 21, 1981 (8:25 Md. R. 1993); October 24, 1983 (10:21 Md. R. 1900); December 21, 1992 (19:25 Md. R. 2204) Regulation .01F amended effective April 3, 1981 (8:7 Md. R. 641); June 7, 1982 (9:11 Md. R. 1125); August 2, 1982 (9:15 Md. R. 1513); December 20, 1982 (9:25 Md. R. 2477); May 1, 1984 (11:8 Md. R. 713); March 18, 1991 (18:5 Md. R. 592) Regulation .01G amended effective July 6, 1977 (4:14 Md. R. 1081); June 1, 1979 (6:11 Md. R. 978); August 10, 1979 (6:16 Md. R. 1330); October 30, 1989 (1621 Md. R. 2260) Regulation .01G amended as an emergency provision effective March 1, 1982 (9:6 Md. R. 611); adopted permanently effective June 7, 1982 (9:11 Md. R. 1125) Regulation .01G amended effective October 30, 1989 (16:21 Md. R. 2260); February 28, 1994 (21:4 Md. R. 274) Regulation .01H amended effective February 6, 1981 (8:3 Md. R. 225) Regulation .01I repealed effective February 6, 1981 (8:3 Md. R. 225) Regulation .01I adopted effective February 10, 1986 (13:3 Md. R. 270) Regulation .01J repealed effective July 28, 1978 (5:15 Md. R. 1186) Regulation .01J adopted effective December 7, 1992 (19:24 Md. R. 2125) Regulation .01J amended effective February 28, 1994 (21:4 Md. R. 273) Regulation .01J amended as an emergency provision effective July 13, 1994 (21:16 Md. R. 1378) (Emergency provisions are temporary and not printed in COMAR) Regulation .01J amended effective November 7, 1994 (21:22 Md. R. 1874) Regulation .01J amended as an emergency provision effective August 1, 1996 (23:16 Md. R. 1164); amended permanently effective November 18, 1996 (23:23 Md. R. 1554) Regulation .01K adopted effective October 1, 1996 (23:19 Md. R. 1372) Regulation .02 amended effective December 29, 1978 (5:26 Md. R. 1920); June 17, 1985 (12:12 Md. R. 1161); October 30, 1989 (16:21 Md. R. 2260) Regulation .02B amended effective December 21, 1981 (8:25 Md. R. 1994) Regulation .02C amended effective August 2, 1982 (9:15 Md. R. 1513) Regulation .02H amended effective December 21, 1992 (19:25 Md. R. 2204) Regulation .02I adopted effective March 27, 1995 (22:6 Md. R. 473) Regulation .03A amended as an emergency provision effective September 1, 1982 (9:19 Md. R. 1891); emergency status expired December 31, 1982; adopted permanently effective January 2, 1983 (9:26 Md. R. 2571) Regulation .03A amended effective February 5, 1990 (17:2 Md. R. 165); December 7, 1992 (19:24 Md. R. 2125) Regulation .03A, C amended as an emergency provision effective October 1, 1981 (8:21 Md. R. 1703); emergency status extended at 8:24 Md. R. 1934, 8:25 Md. R. 1992, 9:2 Md. R. 110, 9:4 Md. R. 326; adopted permanently effective March 1, 1982 (9:4 Md. R. 328) Regulation .03B amended effective September 27, 1982 (9:19 Md. R. 1892) Regulation .03C amended effective June 25, 1975 (2:14 Md. R. 1012); August 18, 1976 (3:17 Md. R. 912); July 25, 1980 (7:15 Md. R. 1422); February 22, 1980 (7:4 Md. R. 346); September 27, 1982 (9:19 Md. R. 1892); February 5, 1990 (17:2 Md. R. 165); December 7, 1992 (19:24 Md. R. 2125) Regulation .03C amended as an emergency provision effective August 1, 1996 (23:16 Md. R. 1164); amended permanently effective November 18, 1996 (23:23 Md. R. 1554) Regulation .03D effective February 10, 1978 (5:3 Md. R. 137) Regulation .03G amended effective July 9, 1975 (2:15 Md. R. 1067) Regulation .04B, C amended as an emergency provision effective October 1, 1981 (8:21 Md. R. 1703); emergency status extended at 8:24 Md. R. 1934, 8:25 Md. R. 1992, 9:2 Md. R. 110, 9:4 Md. R. 326; adopted permanently effective March 1, 1982 (9:4 Md. R. 328) Regulation .04C amended effective February 22, 1980 (7:4 Md. R. 346) Regulation .04E adopted effective July 6, 1977 (4:14 Md. R. 1081) Regulation .04F—I adopted effective September 15, 1977 (4:17 Md. R. 1295) Regulation .04 repealed and new Regulation .04 adopted effective April 1, 1984 (11:3 Md. R. 198) Regulation .04A amended effective December 21, 1992 (19:25 Md. R. 2204); October 1, 1996 (23:18 Md. R. 1315) Regulation 04C amended effective January 28, 1985 (12:2 Md. R. 134); August 26, 1985 (12:17 Md. R. 1701); August 25, 1986 (13:17 Md. R. 1921) Regulation .05 amended as an emergency provision effective October 1, 1981 (8:21 Md. R. 1703); emergency status extended at 8:24 Md. R. 1934, 8:25 Md. R. 1992, 9:2 Md. R. 110, 9:4 Md. R. 326; adopted permanently effective March 1, 1982 (9:4 Md. R. 328) Regulation .05A, B, F amended as an emergency provision effective July 1, 1982 (9:13 Md. R. 1339); adopted permanently effective September 13, 1982 (9:18 Md. R. 1799) Regulation .05B amended effective May 1, 1978 (5:7 Md. R. 521) Regulation .05C repealed effective July 1, 1980 (7:13 Md. R. 1275) Regulation .05E-2 adopted effective May 10, 1982 (9:9 Md. R. 902) Regulation .05E-2 amended effective December 6, 1982 (9:24 Md. R. 2388) Regulation .05F amended effective October 29, 1975 (2:24 Md. R. 1480); July 7, 1976 (3:14 Md. R. 746); August 11, 1978 (5:16 Md. R. 1256); September 22, 1978 (5:19 Md. R. 1443); June 27, 1980 (7:13 Md. R. 1275); October 17, 1980 (7:21 Md. R. 1993); December 12, 1980 (7:25 Md. R. 2333); December 21, 1981 Regulation .05G amended effective June 23, 1976 (3:13 Md. R. 721) Regulation .05A—F repealed and new A—E adopted, G recodified as F, effective April 1, 1984 (11:3 Md. R. 198) Regulation .05A amended effective June 17, 1985 (12:12 Md. R. 1161); October 7, 1985 (12:20 Md. R. 1923); June 30, 1986 (13:13 Md. R. 1488); December 21, 1992 (19:25 Md. R. 2204) Regulation .05B amended effective June 17, 1985 (12:12 Md. R. 1161); February 24, 1986 (13:4 Md. R. 395); January 21, 1991 (18:1 Md. R. 27) Regulation .05C amended effective January 21, 1991 (18:1 Md. R. 27) Regulation .05D amended effective June 17, 1985 (12:12 Md. R. 1161); July 29, 1985 (12:15 Md. R. 1511); August 26, 1985 (12:17 Md. R. 1701); October 7, 1985 (12:20 Md. R. 1923); December 14, 1987 (14:25 Md. R. 2658); May 14, 1990 (17:9 Md. R. 1088); December 21, 1992 (19:25 Md. R. 2204); February 28, 1994 (21:4 Md. R. 274); July 18, 1994 (21:14 Md. R. 1227) Regulation .05E amended effective March 11, 1985 (12:5 Md. R. 482); June 17, 1985 (12:12 Md. R. 1161); August 26, 1985 (12:17 Md. R. 1701); May 5, 1986 (13:9 Md. R. 1023); June 30, 1986 (13:13 Md. R. 1488); September 8, 1986 (13:18 Md. R. 2018); October 2, 1989 (16:19 Md. R. 2104); January 21, 1991 (18:1 Md. R. 27); March 18, 1991 (18:5 Md. R. 592); December 21, 1992 (19:25 Md. R. 2204); July 18, 1994 (21:14 Md. R. 1227); October 1, 1996 (23:18 Md. R. 1315) (8:25 Md. R. 1994) Regulation .05F amended effective August 26, 1985 (12:17 Md. R. 1701); March 18, 1991 (18:5 Md. R. 592) Regulation .05G adopted effective June 17, 1985 (12:12 Md. R. 1161) Regulation .06 amended as an emergency provision effective October 1, 1981 (8:21 Md. R. 1703); emergency status extended at 8:24 Md. R. 1934, 8:25 Md. R. 1992, 9:2 Md. R. 110, 9:4 Md. R. 326; adopted permanently effective March 1, 1982 (9:4 Md. R. 328) Regulation .06A—C amended effective September 15, 1977 (4:17 Md. R. 1295) Regulation .06B amended effective August 26, 1985 (12:17 Md. R. 1701); May 14, 1990 (17:9 Md. R. 1088) Regulation .06B—D amended effective July 1, 1980 (7:13 Md. R. 1275) Regulation .06C amended effective January 28, 1985 (12:2 Md. R. 134); June 30, 1986 (13:13 Md. R. 1488); May 14, 1990 (17:9 Md. R. 1088) Regulation .06C, D amended effective January 12, 1979 (6:1 Md. R. 16) Regulation .06D amended effective February 16, 1977 (4:4 Md. R. 279); May 14, 1990 (17:9 Md. R. 1088) Regulation .06D adopted effective September 15, 1977 (4:17 Md. R. 1295) (Original §§D and E renumbered as §§E and F, respectively) Regulation .06E amended effective August 11, 1978 (5:16 Md. R. 1256); January 28, 1985 (12:2 Md. R. 134); May 14, 1990 (17:9 Md. R. 1088) Regulation .06F amended effective May 11, 1977 (4:10 Md. R. 768); January 28, 1985 (12:2 Md. R. 134); August 24, 1987 (14:17 Md. R. 1870) Regulation .06G amended effective September 8, 1986 (13:18 Md. R. 2019); March 18, 1991 (18:5 Md. R. 592) Regulation .06H adopted effective March 18, 1991 (18:5 Md. R. 592) Regulation .07 amended as an emergency provision effective September 1, 1982 (9:19 Md. R. 1891); emergency status expired December 31, 1982; adopted permanently effective January 2, 1983 (9:26 Md. R. 2571) Regulation .07A amended as an emergency provision effective April 1, 1981 (8:7 Md. R. 638); adopted permanently effective July 20, 1981 (8:14 Md. R. 1222) Regulation .07A amended as an emergency provision effective October 1, 1981 (8:21 Md. R. 1703); emergency status extended at 8:24 Md. R. 1934, 8:25 Md. R. 1992, 9:2 Md. R. 110, 9:4 Md. R. 326; adopted permanently effective March 1, 1982 (9:4 Md. R. 328) Regulation .07A amended effective February 28, 1994 (21:4 Md. R. 274) Regulation .07A-1 amended effective July 29, 1985 (12:15 Md. R. 1511); June 30, 1986 (13:13 Md. R. 1488); February 5, 1990 (17:2 Md. R. 165); May 14, 1990 (17:9 Md. R. 1088); December 7, 1992 (19:24 Md. R. 2125); February 28, 1994 (21:4 Md. R. 274) Regulation .07A-1 amended and A-2 adopted as an emergency provision effective April 1, 1996 (23:8 Md. R. 601); emergency status expired October 1, 1996 Regulation .07B amended effective January 18, 1982 (9:1 Md. R. 18); December 21, 1992 (19:25 Md. R. 2204) Regulation .07B amended as an emergency provision effective December 1, 1982 (9:26 Md. R. 2569); adopted permanently effective March 14, 1983 (10:5 Md. R. 464) Regulation .07C amended effective July 6, 1977 (4:14 Md. R. 1081); May 15, 1981 (8:10 Md. R. 876); March 18, 1991 (18:5 Md. R. 592); December 21, 1992 (19:25 Md. R. 2204); March 27, 1995 (22:6 Md. R. 473) Regulation .07C-1—C-3 adopted effective December 21, 1992 (19:25 Md. R. 2204) Regulation .07D amended effective May 15, 1981 (8:10 Md. R. 876); December 21, 1992 (19:25 Md. R. 2204) Regulation .07D-1 amended effective August 26, 1985 (12:17 Md. R. 1701); March 18, 1991 (18:5 Md. R. 592) Regulation .07D-2 amended effective December 21, 1992 (19:25 Md. R. 2204); January 30, 1995 (22:2 Md. R. 76) Regulation .07D-2 amended and D-3 adopted as an emergency provision effective September 14, 1995 (22:20 Md. R. 1537); amended permanently effective January 29, 1996 (23:2 Md. R. 94) Regulation .08 amended effective July 21, 1976 (3:15 Md. R. 785) and December 30, 1977 (4:27 Md. R. 2103) Regulation .08 amended as an emergency provision effective September 1, 1982 (9:19 Md. R. 1891); emergency status expired December 31, 1982; adopted permanently effective January 2, 1983 (9:26 Md. R. 2571) Regulation .08A—D amended effective September 28, 1982 (8:19 Md. R. 1564) Regulation .08B amended effective December 12, 1988 (15:25 Md. R. 2902); December 21, 1992 (19:25 Md. R. 2204) Regulation .08B, D, E amended effective July 1, 1980 (7:13 Md. R. 1275) Regulation .08B-1 amended effective December 21, 1992 (19:25 Md. R. 2204) Regulation .08D amended effective June 27, 1980 (7:13 Md. R. 1275); November 2, 1987 (14:22 Md. R. 2338); March 18, 1991 (18:5 Md. R. 592) Regulation .08D amended as an emergency provision effective April 1, 1990 (17:8 Md. R. 967); amended permanently effective August 6, 1990 (17:15 Md. R. 1854) Regulation .08E amended effective July 25, 1988 (15:15 Md. R. 1807) Regulation .08 amended effective February 28, 1994 (21:4 Md. R. 274) Regulation .09 amended effective July 7, 1976 (3:14 Md. R. 746) Regulation .09A, B amended effective January 18, 1982 (9:1 Md. R. 18) Regulation .09-1 adopted effective March 26, 1984 (11:6 Md. R. 548) Regulation .10A effective September 17, 1975 (2:21 Md. R. 1340) Regulation .10A amended effective October 10, 1983 (10:20 Md. R. 1783); July 25, 1988 (15:15 Md. R. 1807) Regulation .10B effective January 1, 1976 (3:28 Md. R. 1666) Regulation .11 amended effective October 7, 1977 (4:21 Md. R. 1603); July 14, 1978 (5:14 Md. R. 1136); January 26, 1979 (6:2 Md. R. 73); October 19, 1979 (6:21 Md. R. 1707); July 25, 1980 (7:15 Md. R. 1422); September 27, 1982 (9:19 Md. R. 1892); July 16, 1984 (11:14 Md. R. 1248); August 26, 1985 (12:17 Md. R. 1701); October 20, 1986 (13:21 Md. R. 2319); March 7, 1988 (15:5 Md. R. 616); December 12, 1988 (15:25 Md. R. 2902); February 5, 1990 (17:2 Md. R. 165) Regulation .11 amended as an emergency provision effective October 1, 1981 (8:21 Md. R. 1703); emergency status extended at 8:24 Md. R. 1934, 8:25 Md. R. 1992, 9:2 Md. R. 110, 9:4 Md. R. 326; adopted permanently effective March 1, 1982 (9:4 Md. R. 328) Regulation .11 amended as an emergency provision effective November 25, 1992 (19:25 Md. R. 2195); adopted permanently effective March 29, 1993 (20:6 Md. R. 579) Regulation .11 amended effective January 2, 1994 (20:26 Md. R. 2025); January 2, 1995 (21:26 Md. R. 2184) Regulation .12 adopted effective May 1, 1984 (11:8 Md. R. 713) Regulation .12A amended effective September 8, 1986 (13:18 Md. R. 2019) Regulation .12L amended effective December 14, 1987 (14:25 Md. R. 2658) Regulation .12 repealed effective March 18, 1991 (18:5 Md. R. 592) Regulations .01—11 repealed as emergency provision effective December 9, 1996, 1996 (23:26 Md. R. 1855); repealed permanently effective March 24, 1997 (24:6 Md. R. 483) Family Investment Programs. The Family Investment Programs (FIP) provide assistance to individuals and families with children. The assistance program components under FIP include Welfare Avoidance Grants, Temporary Cash Assistance, Office of Home Energy Programs and alternative programs. The scope of the following programs are as follows: Temporary Cash Assistance provides cash assistance while preparing program participants for independence. Office of Home Energy Programs includes: Maryland Energy Assistance Program (MEAP); and Electric User Service Provider (EUSP). At the request of a local department of social services, the Secretary of Human Services may grant a waiver for a period of up to 2 years to the local department from having to comply with specific provisions of State law or regulations that are within the Secretary's scope of authority. The Secretary shall grant the waiver in accordance with the Welfare Innovation Act of 1997. In this chapter, the following terms have the meanings indicated. Terms Defined. “Addictions specialist” means an individual who is licensed or certified by the Maryland Department of Health to screen, assess, and refer individuals to substance abuse treatment and support services. “Affordable formal child care arrangements” means that the fee charged by the provider is less than or equal to the assigned copayment for a non-TCA family of the same size and income level that receives a child care subsidy. “Alternative program” means an optional program which may be implemented upon approval by the Secretary of Human Services and which is designed and developed by a local department to achieve the goals of the Temporary Cash Assistance (TCA) Program, within a local department's allocated cash assistance funds. “Applicant” means an individual who has submitted an application to the local department for assistance directly or through an authorized representative or, if incompetent or incapacitated, through someone acting responsibly for the individual, and whose application is pending. “Appropriate child care” means that the child care meets the parent's needs in terms of hours and a child's needs in terms of health, safety, and healthy development. “Assessment” means an evaluation of an applicant's strengths, resources, and needs to determine the services the applicant needs to become independent. Asset. “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. “Assistance unit” means a group of eligible individuals living together for whom cash assistance has been authorized. “Authorized representative” means an adult non-assistance unit member who has been designated in writing to act on behalf of the household. “Caretaker relative” means a parent or other individual related by blood, marriage, or adoption living with and caring for a minor child. “Case” means the group of individuals living together whose needs and resources are considered when authorizing program benefits. Repealed. “Custodial relative” means an adult or minor biological or adoptive mother or father, stepmother or stepfather, or other caretaker relative who lives with a related minor child or pregnant woman. “Customer” means an individual applying for or receiving assistance. “Department” means the Department of Human Services. “Disability Entitlement Advocacy Program (DEAP)” means a State program to help severely disabled individuals establish eligibility for federal disability programs. “Domestic or family violence” means subjecting a spouse, ex-spouse, or intimate partner to: 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. Drug-Related Felony. “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. “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. “Electronic benefit transfer system (EBTS)” means a benefit issuance system in which benefits are stored in a central computer database and are accessed with reusable plastic cards at automated teller machines or at a point of sale. “Equity value” means the fair market value less all encumbrances. “Fair market value” means the price for which an item can be sold in an open market in a given geographic area. “Family independence plan” means a mutually agreed upon plan that: 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. “Family Investment Program (FIP)” means an individual assistance program of the Department that provides services, work experience, and cash assistance. “Impairment” means an individual is unable to work at any occupation because of a medically verified physical or mental condition. “Intentional program violation (IPV)” means an intentional false or misleading statement or misrepresentation, concealment, or withholding of facts for the purpose of: 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. “Interim change” means a change in a customer's situation, after an application or recertification, that may affect the amount of benefits paid or continuing eligibility. “Local department” means: 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. “Local plans” means the plans developed by local departments of social services to operate the TCA program within State guidelines and federal requirements. “National Voter Registration Act of 1993 (NVRA)” means Public Law 103-31 as amended. “Nonprofit organization” means a religious, charitable, or volunteer organization exempt from taxation under §501(c)(3) of the Internal Revenue Code. “Qualified immigrant” means an individual who is not a citizen of the United States who: 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. “Reasonable distance” means that travel time to and from the child care provider cannot exceed 1 hour each way from the customer's home or work site. “Recertification” means the process of filing and completing a new application, being interviewed, and having certain information verified to continue benefits for a new certification period. “Recipient” means an individual in an active FIP assistance unit. “Resource” means the amount left from an asset or from income, after all exclusions and disregards are applied, which is countable against the assistance unit's benefit. “Secretary” means the Secretary of Human Services. “Sponsor” means an individual or a public or private agency or organization that has executed an affidavit of support or a similar agreement on behalf of an immigrant as a condition of the immigrant's entry into the United States. “Supplemental Security Income (SSI)” means the federally funded program paid by the Social Security Administration to individuals who: Meet established disability requirements; or Are 65 years old or older. “Temporary cash assistance (TCA)” means a form of cash assistance provided to assistance units which are technically and financially eligible. “Third-party payee” means a responsible individual, a nonprofit organization, a for-profit organization, or a government entity, which may include a local department, that is authorized to accept TCA payments on behalf of a recipient. “Transitional assistance” means assistance that may be provided to a Temporary Cash Assistance recipient whose temporary cash assistance is terminated for noncompliance with work requirements. “Unavailability or unsuitability of informal care” means that informal care does not meet the Child Care Subsidy Program, State plan, and State law requirements, and poses a risk to the health and safety of a child. “Unearned income” means money, goods, or services received from sources other than earned income such as pensions, benefits, returns from investments, payments of support, or contributions. Verification. “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. “Welfare avoidance grant (WAG)” means a non-recurrent, short-term cash benefit paid to a family in accordance with the local plan for the family's immediate and limited needs to avoid continuing cash assistance. Eligible individuals may be referred to a program component during the application process described in Regulation .04 of this chapter. Welfare Avoidance Grant (WAG). Individuals may not apply for a WAG. A local department may offer a WAG according to criteria described in the local plan approved by the Department. A WAG is cash assistance to a family with children, which is paid based on an agreement signed by the applicant or recipient and the local department to avoid the family's reliance on Temporary Cash Assistance. A WAG agreement shall state the: Reason for the WAG; Period of time the WAG covers; and The maximum amount of the WAG. The total amount of the WAG may not exceed three times the maximum monthly allowable amount for the number of individuals in the assistance unit, as described in Regulation .17 of this chapter, unless: 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. WAG as it relates to TCA. The local department: 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. The local department may provide a family with a WAG more than once if a new instance of emergency occurs after the period covered by the previous WAG has expired. Temporary Cash Assistance (TCA). The individual may apply for TCA when the resources in §B of this regulation do not fully address the needs of the child. A local department shall require an individual to satisfy child support requirements, as described in Regulation .10 of this chapter, before approving TCA. If the assistance unit becomes ineligible because of a member's earnings and the assistance unit received TCA in 3 of the last 6 months, the assistance unit is eligible for: 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. After the termination of TCA, the local department shall provide transitional food supplement benefits as described in COMAR 07.03.17.49H. Alternative Programs. An alternative program is an optional program in addition to FIP which: May be developed and implemented by a local department to achieve the goals of FIP; Has the approval of the Secretary; and Is funded within the local department's allocated cash assistance and any local supplement. Emergency Assistance for Families with Children. Funds for meeting emergencies for families with children shall be paid as described in COMAR 07.03.08. Office of Home Energy Programs. Customers may apply and have their eligibility determined for the programs of assistance that are within the Office of Home Energy Programs as described in COMAR 07.03.21, and 07.03.22. The programs within Office of Home Energy Programs are: Maryland Energy Assistance Program; and Electric Universal Service Program. Right to File. An individual is entitled to file an application, and may be assisted by an individual of choice in the various aspects of the application process and the determination of eligibility. A local department shall have available and distribute publications explaining program features and requirements, rights and responsibilities, and appeals procedures in understandable and simple language. Application. The local department shall: 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 application shall be signed under penalty of perjury by: The applicant; An authorized representative; or Someone acting responsibly for the applicant if the applicant is incompetent or incapacitated. Assessment. Local departments shall assess the applicant's needs. Except for an applicant or recipient who is a single child, as described in Regulation .07C of this chapter, the application for FIP shall include an assessment that considers the individual's: 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. Based on the assessment of needs, the local department shall offer support services to an individual which may include, but are not limited to: 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: Housing; Community resources; Education programs; Substance abuse treatment as described in Regulation .09 of this chapter; and Special Supplemental Nutrition Program for Women, Infants, and Children (WIC). During the assessment, the local department shall give, in writing and orally, appropriate information which includes a: 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. During the assessment, the applicant shall be offered an opportunity to register to vote in accordance with the National Voter Registration Act of 1993. Agreement. An applicant and the local department shall develop and sign an agreement, called the Family Independence Plan, specifying the: 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. The applicant's actions may include but are not limited to participating in: 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. Verification. The local department shall verify the following factors of FIP eligibility: 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. The local department may require verification of any questionable information provided by the individual. Questionable information includes information that contradicts: Statements made by the customer in writing, verbally or on the application; or Information available to the Department from other sources. The primary source for obtaining verification is the applicant or recipient. The local department shall provide a list of required verifications and assist the applicant, recipient, or the representative in obtaining the necessary verifications. Case Record. The local department shall establish and maintain a paper and an electronic TCA case record that contains: Narration; Verifications; and Other documentation related to the TCA assistance unit. The local department shall make a decision as to payment of cash assistance as promptly as possible but not later than 30 calendar days following the date the signed application for TCA is received in the local department. If the assistance unit is eligible in the month of application, the TCA grant begins the date the signed application is received in the local department. If the assistance unit is not eligible in the month of application, the TCA grant begins the first day of the following month. The local department shall specify a period of eligibility for TCA that is not more than 12 months. An applicant is not eligible when: The assistance unit does not meet need requirements or technical factors of eligibility; The applicant withdraws the application; or There is insufficient information to determine eligibility. The local department shall dispose of an application by a finding of eligibility or ineligibility unless: The applicant voluntarily withdraws the application, and there is an entry in the case record that a notice has been sent to confirm the applicant's voluntary withdrawal; or There is an entry in the case record that the application has been disposed of because the head of household died or could not be located. The local department shall: Provide written notice to the applicant to indicate either the authorized amount of financial assistance, or the denial or termination of assistance; and Include on the notice: 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 assistance unit includes all of the following individuals living in the same household: A parent and all eligible children; A parent or child of a minor parent; All minor siblings related by blood, adoption, or marriage except those described in §§B(5) and C of this regulation; A pregnant woman with no other children if: The child, if born and living with the woman, would be eligible; and Financial need and all eligibility requirements are met; and Unmarried adults living as a family unit when the unmarried adults have a child together, including an unborn child. The assistance unit may include the following individuals: A child from a sanctioned unit when another caretaker relative has obtained legal guardianship for the child; A child from a sanctioned unit who has been placed in the home of a caretaker relative by social services; A child from a sanctioned unit who is living in the home of another caretaker relative when the sanctioned caretaker relative is institutionalized; A stepparent who has a biological or adopted minor child in the home but no child in common with the spouse; and Unmarried adults living as a family unit when each unmarried adult has a biological or adopted child in the home. The assistance unit may not include: An illegal or undocumented immigrant or an immigrant excluded pursuant to the provisions of Regulation .07A(2) of this chapter; An individual who fails to meet technical factors of eligibility; A stepparent with no minor children in the home; A child for whom foster care is paid; A child for whom an adoption subsidy is paid; An individual who is fleeing to avoid prosecution or custody or confinement after conviction for a crime or an attempt to commit a crime, which is: 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; An individual violating a condition of probation or parole, imposed as the result of a felony, under federal, State, or other state law; An individual who is not a custodial parent and who has been convicted of a drug-related felony that was committed after August 22, 1996; An individual convicted of fraudulent misrepresentation as described in Regulation .19C of this chapter; A child who is determined to be temporarily absent from the home for more than 180 consecutive days except as described in Regulation .07D(2) and (3) of this chapter; An institutionalized individual; An SSI recipient; A needy caretaker relative other than a parent living with and maintaining responsibility for a related child except that the payment to this assistance unit headed by a needy caretaker shall be in accordance with Regulation .17 of this chapter for room and board of the children in an amount for one person over the number of children in the assistance unit; or A legal immigrant parent, except that the payment to this assistance unit headed by a legal immigrant parent shall be in accordance with Regulation .17 of this chapter for room and board of the children in an amount for one person over the number of children in the assistance unit. Unmarried Pregnant Minor or Unmarried Minor Parent. An unmarried minor parent with a child 12 weeks old or older, or an unmarried pregnant minor, who does not have a high school diploma or an equivalent, may not receive cash assistance unless enrolled: Full-time and attending educational activities leading to a high school diploma; or In an alternative education or training program approved by the State. When TCA is granted for an unmarried pregnant minor or unmarried minor parent, the minor shall reside in the household of the minor's parent, legal guardian, or other adult relative in order to receive assistance unless: 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. The parent, other adult relative, legal guardian, or the adult supervisor in a supportive living arrangement is the authorized representative for the unmarried pregnant minor or unmarried minor parent. Citizenship and Immigration Status. A TCA recipient shall be a: 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. Qualified immigrants who are not eligible for federally funded benefits shall be: Eligible for benefits funded entirely with State general funds; and Guaranteed medical assistance only if the individual meets the definition of a child. Residence. The applicant and all recipients shall be residents of the State. A resident of the State is one who: 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. A recipient of assistance may live outside the State if the absence does not exceed 90 days and Maryland residence has not been abandoned as described in §D(4) of this regulation. A child in the assistance unit may live outside the State as described in §D(2) and (3) of this regulation. Age. To be eligible, a child shall be: Younger than 18 years old; A full-time student in secondary school, or an equivalent, and younger than 19 years old; or A full-time student and reasonably expected to complete a program of secondary education or the equivalent level of vocational or technical training before the end of the calendar year in which the child turns 19 years old. Living with a Relative. The child shall live with a relative in a place maintained as their home. A child is eligible when absent from the home for short periods not to exceed 180 days, if the caretaker relative retains responsibility, control, and custody for the child. The child is eligible if absent from the home for more than 180 days if the following conditions are met: 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 needy caretaker relative remains eligible when absent from the home if: The absence is because of: Illness; Education; or Employment; The absence does not exceed 90 days; State residency has not been abandoned; and The caretaker maintains responsibility, care, and control of the child. Social Security Number. As a condition of eligibility for FIP, the caretaker relative shall furnish to the local department: A Social Security number for each member of the assistance unit; or Proof that application for a Social Security number has been made. Suitability of Home. As part of the eligibility determination process, the local department shall ensure, to the extent possible, that the home in which the FIP applicant or recipient child and relative are living is suitable. “Suitable” means that there is no reason to believe there is abuse, neglect, or exploitation of the child, according to the definitions set forth in COMAR 07.02.07. If there is any reason that the home is unsuitable, the local department shall refer the case to the appropriate service unit within the Department. The local department may not deny, delay, or discontinue TCA to a child only because of the condition in the home in which the child lives or because there is reason to believe that the home is unsuitable. Effect of Participation in a Strike. TCA may not be paid to an assistance unit in which a parent is engaged in a strike as of the last day of the month. Participation in a strike does not constitute good cause to leave or to refuse to seek or accept employment. Primary Prevention Initiative. An assistance unit is subject to disallowances if the following conditions are not met, without good cause: 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: Attending school at least 80 percent of the time; or A high school graduate. Good cause for failure to provide proof of a medical checkup for each child who is younger than 7 years old in the calendar year is limited to cooperating with a service agreement for Child Protective Services, Intensive Family Services, or Families Now. Good cause for failure to meet the school attendance requirements is limited to one or more of the following: 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: A maximum of 3 days is allowed; The immediate family member is defined as a parent, grandparent, child, sibling, or caretaker relative; and The death is verified through an obituary notice, death certificate, funeral program, or other similar documentation. The disallowance for each child who is not in compliance with health or education requirements, without good cause, shall be: $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: Attending school at least 80 percent of the time; A high school graduate; or Enrolled and participating in an alternative education or training program approved by the State. Each child who is 7 years old or older in the calendar year, and each adult in the assistance unit, is eligible for a one-time-only annual allowance of $20 per individual for medicine chest supplies upon proof of a preventive health check-up. Each adult in the assistance unit, and each child age 16 years old or older in the assistance unit who is not enrolled full-time in school or pursuing a diploma or the equivalent, shall participate in a work activity which is: Approved by the local department; Likely to result in unsubsidized employment; and Scheduled up to 40 hours per week. Failure of an adult to cooperate in a work requirement without good cause, including failure to accept offered employment or quitting a job, shall result in ineligibility of the entire assistance unit as described in Regulation .19A(1) of this chapter. Failure of a child 16 years of age or older not in school to cooperate in a work requirement without good cause, including failure to accept employment or quitting a job, shall result in deduction of the child's incremental portion of the grant from the family's TCA grant as described in Regulation .19A(2) of this chapter. The following individuals are exempt from the work activity requirements: For a maximum of 12 months in the adult's lifetime, adults who are required to care for a child younger than 1 year old, who is a member of the assistance unit; Adults and children in the assistance unit who are severely disabled; Children younger than 16 years old; Adults caring for a disabled family member living in the home; Adults in the assistance unit, and children age 16 years old or older in the assistance unit, who are victims of domestic or family violence and actively receiving family violence services; and Non-parent caretaker relatives who have no children of their own in the assistance unit. An individual is not exempt as disabled for more than 12 months unless the: Individual has applied for Supplemental Security Income (SSI); and SSI application is approved, pending, or in the appeal stage. A minor parent who has not finished secondary school or obtained a high school diploma or the equivalent is not exempt to care for a child younger than 1 year old. A minor parent with a child 12 weeks old or older who has not finished secondary school or obtained a high school diploma or the equivalent is not exempt and shall be enrolled in, attending 80 percent of the time, and making satisfactory progress in: Educational activities leading to a diploma; or An alternative education or training program approved by the State. Voluntary Quit and Reduction in Work Hours. TCA may not be paid to an assistance unit in which a parent voluntarily quit a job or voluntarily reduced the hours of employment without good cause. At application the assistance unit is ineligible for TCA for 30 days from the date of the quit or reduction of work hours if: The voluntary quit was from employment that: Was at least 30 hours per week; or Paid at least 30 times the State or federal minimum hourly wage per week, whichever is higher; or Hours were reduced: To less than 30 hours per week; or So that the individual was paid less than the equivalent of 30 times the State or federal minimum hourly wage per week, whichever is higher. At recertification or interim change, the local department shall follow conciliation and sanction procedures as described in Regulation .19 of this chapter when an individual voluntarily quits a job or reduces work hours without good cause during the certification period, except for an individual who is not required to participate in a work activity, as described in §§D and E of this regulation. The local department shall follow the good cause reasons listed in §§I and J of this regulation to determine acceptable good cause for: Refusing or failing to cooperate with work requirements; Quitting a job; or Reducing work hours. Good cause for refusing or failing to cooperate with work requirements or for refusing or quitting a job includes one or more of the following: Illness or incapacity of the individual required to be in a work activity or job, with documentation specifying the: 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; Verified, court-required appearance or temporary incarceration; Domestic violence or other family crisis that threatens normal family functioning; A breakdown in transportation arrangements when there is no accessible means of transportation; A breakdown in child care arrangements or lack of child care resources for a child or children who are 12 years old or younger for a period not to exceed 30 days; A single parent caring for a child younger than 6 years old who is unable to obtain child care for one or more of the following reasons: 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; Lack of supportive services identified in the Family Independence Plan and agreed upon by the recipient and the local department; Other circumstances determined to be good cause by the local department. Good cause for quitting a job or reducing work hours includes the reasons stated in §I of this regulation or one or more of the following reasons: Taking a new job with another employer; Discrimination based on age, race, gender, religious or political belief, sexual orientation, marital status, mental or physical disability, or national origin; Hazardous working conditions; Resignation at employer's request. Participation in a work activity includes, but is not limited to: Unsubsidized employment; Subsidized employment; Work experience; On the job training; Job search; Community service programs; Vocational educational training; or Job skills directly related to employment. The local department shall follow conciliation and sanction procedures as described in Regulation .19 of this chapter for all individuals who are not in compliance with work activity requirements. If resources are available, a noncustodial parent or a stepparent may be included in work activities but are not subject to conciliation and sanction procedures as described in Regulation .19 of this chapter. Impairment. An otherwise eligible individual who is impaired and whose medical report shows an impairment of 12 months or more, or if less than 12 months the impairment will result in the individual's death, or a parent or caretaker relative on behalf of an impaired child in the assistance unit, shall: 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. To remain eligible for assistance as a disabled individual who is exempt from work requirements as described in Regulation .07-1 of this chapter, an individual who is potentially eligible for SSI or any other benefit, or a parent or caretaker relative other than a parent of a disabled child in the assistance unit, shall: 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. An individual 16 years old or older who does not apply for all potential benefits or actively cooperate with the pursuit of all potential benefits as described in §A(2) of this regulation shall be sanctioned for noncompliance in accordance with Regulation .19 of this chapter. When an individual does not have the resources to obtain a medical report to verify the impairment, an individual's physician shall be paid a fee: Of $60 from administrative funds for each examination; and Not to exceed $40 for laboratory work. Interim Payment Reimbursement Authorization. The individual shall pursue SSI as a condition of eligibility. The individual shall sign an Interim Assistance Reimbursement Authorization which permits the: 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. Failure of the adult to sign the Interim Assistance Reimbursement Authorization shall result in ineligibility of the entire assistance unit as described in Regulation .19A(1) of this chapter. Interim assistance is the amount of TCA assistance provided to an individual during the period: Beginning the month the recipient applies for SSI benefits; and Ending the month the SSI payments begin. The Department or the local department shall be reimbursed from the initial SSI payments for the full value of interim assistance provided, except that when the first month's SSI payment is prorated, the reimbursement shall be prorated from the effective date of SSI eligibility. When the total amount of SSI received by the Department or the local department is greater than the amount of reimbursement, the Department or the local department shall pay the excess to the recipient within 10 working days after the date of receipt of the payment. If the individual dies before SSI eligibility has been determined, the: 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. Presumptive SSI Payment. A presumptive SSI payment is made by the Social Security Administration for a maximum of 6 months pending the final eligibility determination. The individual shall report receipt of SSI presumptive eligibility payments to the local department within 10 days of receipt. The individual is ineligible for the period during which presumptive SSI is paid. Adult and minor parent applicants and recipients of TCA shall: Be screened for substance abuse in the local department by the addictions specialist; and Comply with assessment and treatment requirements, if appropriate. Screening and Assessment. During the assessment of an applicant or recipient's needs, the addictions specialist shall advise the individual of the: Substance abuse requirements specified in §C of this regulation; and Penalties for failure to comply with these requirements. In addition, the addictions specialist shall advise an applicant who is a custodial parent convicted of a drug-related felony that was committed after August 22, 1996, of the: 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. During the assessment, when screening by the addictions specialist reveals that an individual has a substance abuse problem, the individual shall sign a medical release as specified in §C(1)(c) of this regulation. Eligibility Requirements. As a condition of eligibility for TCA, the adult and minor parent shall: 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: Results of a substance abuse screening, assessment, or other test to determine the individual's need for substance abuse treatment; Results of the individual's referral to substance abuse treatment; and Individual's ongoing treatment status. If an appropriate treatment program is not available, the individual is deemed participating and sanctions may not be imposed. As a condition of eligibility for TCA, the custodial parent convicted of a drug-related felony that was committed after August 22, 1996, shall: 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. Sanctions for Noncompliance with Substance Abuse Provisions. When the addictions specialist or the direct provider of services notifies the local department that the adult or minor parent: Applicant failed to comply with the requirements specified in §C of this regulation, the local department shall: Deny the application; Notify the applicant of the specific reason why the applicant has not met the requirements and is not eligible for TCA; and Separately determine eligibility for Medical Assistance and food stamps for the applicant; or Recipient failed to comply with the requirements specified in §C of this regulation, the local department shall: Follow the conciliation procedures as described in Regulation .19A(3) of this chapter; Remove the individual's incremental portion from the full benefit amount; Pay the remainder of the benefit to a third-party payee; Notify the individual of the specific reasons why the individual is not in compliance with FIP requirements; Notify the individual of the adjusted benefit amount and payment of the benefit to a third-party payee; and Notify the individual of the effective date of the agency action, which is 30 days after the date of the notice. The reduced benefit remains in effect until the adult or minor parent has complied with the requirements specified in §C of this regulation. The addictions specialist shall notify the local department when the adult or minor parent has complied with the requirements. The sanctioned parent retains eligibility for Medical Assistance and food stamps as long as the parent continues to meet Medical Assistance and food stamp requirements. Sanctions for Noncompliance with Substance Abuse Provisions by a Custodial Parent Convicted of a Drug-Related Felony. When the addictions specialist or the direct provider of services notifies the local department that the custodial parent: 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: Deny the application; Notify the applicant of the specific reason why the applicant has not met the requirements and is not eligible for TCA; and Separately determine eligibility for Medical Assistance for the applicant; or 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: Follow the conciliation procedures as described in Regulation .19A(3) of this chapter; Remove the individual's incremental portion from the full benefit amount; Pay the remainder of the benefit to a third-party payee; Notify the individual of the specific reasons why the individual is not in compliance with FIP requirements; Notify the individual of the adjusted benefit amount and payment of the benefit to a third-party payee; and Notify the individual of the effective date of the agency action, which is 30 days after the date of the notice. The reduced benefit remains in effect until the adult or minor parent has complied with the requirements specified in §C of this regulation. The addictions specialist shall notify the local department when the adult or minor parent has complied with the requirements. The sanctioned parent retains eligibility for Medical Assistance as long as the parent continues to meet the Medical Assistance requirements. Period of Ineligibility. 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: Specific reason why the recipient has failed to meet program requirements; and Effective date of the agency action. 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: Is released from incarceration; Completes any term of probation; or Completes any term of parole or mandatory supervision. As a condition of eligibility for TCA, the applicant or recipient shall: File an application for child support enforcement services; Assign to the State all right, title, and interest in support, for the period that the family receives Temporary Cash Assistance for a child included in the TCA assistance unit; and Unless exempt for good cause, cooperate in the establishment and enforcement of child support for each child in: 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. The Department's Child Support Administration is the entity responsible for determining: Noncooperation for child support; and Adequate reason for noncooperation. Cooperation includes the following: Appearing at the offices of the child support enforcement agency or the local department as necessary to provide verbal or written information or documentary evidence, known to or reasonably obtainable by the individual, that is relevant to achieving the objectives of §A of this regulation; Appearing as a witness at court or other hearings or proceedings necessary to achieve the objectives of §A of this regulation; Providing information that the individual can reasonably be expected to provide, or attesting to the lack of information, under penalty of perjury; and After an assignment has been made, paying to a child support enforcement agency any child support payments received from the absent parent which are covered by the assignment. A determination of noncooperation without good cause or adequate reason shall result in ineligibility of the entire assistance unit until the household cooperates as described in Regulation .19A of this chapter. Adequate Reason. Circumstances beyond an individual's control are adequate reasons for noncooperation with child support. These circumstances include but are not limited to: 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. Good Cause. “Good cause” means that circumstances exist in which the cooperation with child support may be against the best interest of the child. Good cause exists when: Cooperation is reasonably anticipated to result in serious physical or emotional harm to the: Child for whom support is sought; or Caretaker relative with whom the child is living; 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. Evidence of Good Cause. An individual who claims good cause under §F of this regulation is not required to produce written evidence. If the individual is able to obtain them, the following documents may be used as acceptable evidence of good cause: 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. If the child support enforcement agency notifies the local department of evidence of failure to cooperate, the local department shall act upon the information to enforce the eligibility requirements of §A of this regulation. In making an investigation of a good cause claim, the local department may not contact the absent parent or putative father from whom support would be sought. Determination of Good Cause. The determination of good cause for noncooperation with child support is the responsibility of the FIP case manager. The local department shall make a good cause determination based on the corroborative evidence supplied by the caretaker relative. The local department shall make a determination that good cause does or does not exist and shall inform the caretaker relative of the decision which: 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. The local department shall promptly report its findings to the child support enforcement agency. The child support enforcement agency may participate in an administrative hearing involving a good cause claim. The local department may not deny, delay, or terminate assistance pending a determination of good cause for refusal to cooperate. The local department shall: Periodically review, not less frequently than at recertification of eligibility, all cases in which a finding of good cause has been made based on a circumstance that is subject to change; and If it is determined that the circumstance has changed and that good cause no longer exists, proceed to enforce the requirements of §A of this regulation. The assistance unit is not eligible for TCA if the total net income of the case calculated as described in Regulation .13 of this chapter is more than the allowable payment amount for the unit size as described in Regulation .17 of this chapter. When the expenses of a case exceed the known income or assets, the local department shall require the applicant or recipient to provide additional explanations or verifications. The local department shall: Exclude assets of an individual when determining TCA eligibility; and Count the assets of a sponsor when determining TCA eligibility for a sponsored immigrant as described in Regulation .15C of this chapter. Sources of Countable Income. TCA income calculations apply to both members of an assistance unit and nonmembers whose income is countable to the assistance unit. Each member of the assistance unit is considered to be a recipient of FIP even though no cash assistance is paid. Determination of Income from an Illegal or Undocumented Immigrant or a Technically Ineligible Household Member. A prorated portion of the income of an ineligible individual is counted as a resource to the assistance unit as follows: 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. Determination of Stepparent Income. The income countable to TCA from a stepparent is determined in the following manner: If the income of the stepparent is less than 50 percent of the official poverty level established under the Federal Community Services Block Grant, adjusted for family size, as described in Regulation .17C of this chapter, the local department may not count the income in calculating the TCA grant; and If the income equals or exceeds 50 percent of the poverty level established under the Federal Community Services Block Grant, adjusted for family size, as described in Regulation .17C of this chapter, the income is counted as a resource to the TCA grant. 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: 20 percent of the gross earned income, or 50 percent of the gross income if self-employed; Out-of-pocket child care expenses as described in §E(3)(c) of this regulation; An amount that is equal to the payment standard in Regulation .17B of this chapter for an assistance unit of the same size as the stepparent's dependents living in the home and not included in the assistance unit; Verified alimony or child support payments a stepparent makes to persons outside the stepparent's family; and Verified payments a stepparent makes to dependents outside the home. Countable Earned Income. Earnings from employment before consideration of any expenses required to earn the income include, but are not limited to: 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. Earned income is computed as a monthly amount as follows: 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. Countable Unearned Income. Unearned income includes, but is not limited to, the following: 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: Public housing; Section 8 housing; or Housing receiving rental assistance from the Farmer's Home Administration (FMHA), §515 of the Rental Assistance Act; and Infrequent or irregular unearned income excluding up to a maximum of $200 per 6 months. Unearned income is calculated as a monthly amount as follows: 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. Excluded Income. All income of a member of an assistance unit is countable except the following: Earned income of a child; The amount of earned income tax credit (EITC); Earned or unearned in-kind income; Earned income of an SSI recipient; SSI benefit amount; The value of the allotment provided under the Food Stamp Program; A grant or loan to an undergraduate student for education purposes; Educational work study earnings; Government housing subsidies in excess of $60 per month on behalf of recipients residing in: Public housing; Section 8 housing; or Housing receiving rental assistance from the Farmer's Home Administration (FMHA), §515 of the Rental Assistance Act; Third-party vendor payments; Loans, other than those in §C(1)(d) of this regulation, under the following conditions: 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; Training allowances and expenses by active participants in approved FIP activities; Foster care payments received by an individual on behalf of a foster child; Payments received under a crime victims compensation program; Federal, State, and local income tax refunds; Reimbursements for out-of-pocket expenses while performing volunteer work; Cash donations based on need from one or more private nonprofit charitable organizations; Adoption subsidies; and Income specifically excluded as countable income for TANF by federal law. Benefit Amount. The local department shall determine a TCA benefit payment amount by deducting the net countable income, rounded down to the nearest dollar, from the allowable amount for the assistance unit size specified in Regulation .17B of this chapter. The assistance unit shall be issued a benefit if determined to be eligible for $10 or more. Net countable income for an assistance unit is determined by applying the allowable disregards in the following sequence: 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: $200 monthly for employment of 100 hours or more per month; or $100 monthly for employment less than 100 hours per month; and Verified payments of child support to an individual outside the assistance unit. Child care and adult care payments as described in §E(3) of this regulation are allowed only when it is necessary for an assistance unit member to: Accept or continue employment; Seek employment; Attend an assessment or training that leads to employment; or Pursue education that leads to employment. Lump sum income is a nonrecurrent money payment received by the assistance unit. Lump sum income is calculated as follows: Lump sum income is added to the sum of all other income for the month after work expenses and other disregards, as allowable, have been applied; Income resulting from the computation in §B(1) of this regulation is divided by an amount equal to the allowable payment amount for the assistance unit size as described in Regulation .17 of this chapter; The assistance unit is ineligible for the period of months equal to the quotient; Any amount remaining which is less than a full monthly benefit for the assistance unit size is excluded as income in the first month after the period of ineligibility; and If the lump sum is less than a monthly payment amount for the assistance unit, the lump sum is excluded. Lump Sum Income-Shortened Period of Ineligibility. The local department shall shorten the period of ineligibility for TCA due to receipt of a lump sum when the: Lump sum income becomes unavailable to the assistance unit due to circumstances beyond the assistance unit's control, with the following circumstances being considered beyond the control of the unit: 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; Assistance unit incurs and pays medical expenses; Assistance unit uses the lump sum to repair a vehicle, purchase a vehicle, or pay car insurance; or Lump sum income becomes unavailable to the assistance unit due to circumstances beyond the assistance unit's control as defined by the local department. This regulation applies to qualified immigrants who are required by federal law to have a sponsor who has signed an I-864 Affidavit of Support. Countable Income of Sponsors. All monthly earned and unearned income of the sponsor and the sponsor's spouse is countable as described in Regulation .13B—D of this chapter, with the following disregards: 20 percent of the gross earned income, or 50 percent of the gross income if self-employed; Out-of-pocket child care expenses as described in Regulation .13E(3)(c) of this chapter; An amount that is equal to the payment standard in Regulation .17 of this chapter for an assistance unit of the same size as the sponsor's family; Verified payments of alimony or child support a sponsor makes to individuals outside the sponsor's family; and Verified payments a sponsor makes to individuals outside the family who are claimed by the sponsor as dependents to determine the sponsor's personal federal income tax liability. Assets of Sponsors. All assets of the sponsor and sponsor's spouse as described in §C(2) of this regulation in excess of $2,000 are counted as available to the sponsored immigrant. Countable assets include: Cash on hand; Money in a savings account; and Money in a checking account. When an individual is the sponsor of two or more legal immigrants, the portion of the income and assets of the sponsor and the sponsor's spouse that is counted as available to the legal immigrants shall be divided equally among the sponsored immigrants. Exempt Immigrants. The provisions §§A—D of this regulation do not apply to an immigrant who is: Sponsored by an organization or group instead of an individual; Not required to have a sponsor under the Immigrant and Nationality Act, such as, but not limited to: A refugee; A parolee; An individual granted asylum; or A Cuban or Haitian entrant; A battered spouse or child, with the exemption lasting 12 months, if: 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 Abandoned by their sponsor or where the sponsor's contribution is so inadequate that the immigrant would otherwise go without food and shelter. Sponsored Immigrant Responsibility. During the period the immigrant is subject to §§A—D of this regulation, the immigrant is responsible for: Obtaining the cooperation of the immigrant's sponsor for providing the local department, at the time of application and recertification, with the information and documentation necessary to calculate countable income and resources in accordance with §§B—D of this regulation; and Providing the names, or other identifying factors, of other immigrants for whom the immigrant's sponsor has signed an affidavit of support. Awaiting Verification. Until a sponsored immigrant provides information or verification necessary to calculate income and resources as described in §§B—D of this regulation: The sponsored immigrant is ineligible; and The local department: 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. Termination of Support Obligation. The sponsor's support obligation terminates when the sponsored immigrant: 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. The sponsor's support obligation ends if the sponsor dies. The termination of the support obligation does not relieve the sponsor or the sponsor's estate of any reimbursement obligation that accrued before the support obligation terminated. Electronic Benefit Transfer. The Department of Human Services operates an electronic benefit transfer system in Maryland under agreement with the U.S. Department of Health and Human Services and pursuant to U.S. Department of Agriculture regulations. TCA Grant. A TCA grant is paid by check or by the electronic benefit transfer system (EBTS). The period of time covered by a TCA grant is the calendar month. The grant is not paid for a past period of time except as provided in COMAR 07.03.14. Outdated EBT Benefits. The customer shall access some benefits in the EBTS account within 180 days from the benefit issuance date or the benefits will be moved off-line for non-use of benefits. If the benefits are moved off-line, the customer may request the local department to reissue the benefits. In accordance with federal law, TCA recipients may not access their TCA benefits through their EBT cards or use their EBT cards at an automated teller machine (ATM) or point of sale (POS) machine in any establishment whose primary purpose is: Gambling, including, but not limited to, a casino, a business containing slot machines, race tracks, or off-track betting businesses; Adult entertainment in which individuals disrobe for an audience, including, but not limited to, strip clubs, adult clubs, or online pornography; or The sale of liquor, wine, and beer, including, but not limited to, liquor stores, bars, or package good stores. Applicants and recipients must sign a form developed by the Family Investment Administration indicating that they understand the prohibition in §C of this regulation and agree to abide by the conditions of this regulation, including the following: A recipient who violates the requirements of this regulation the first time shall receive a warning that the recipient’s access to TCA benefits on the EBT card is in danger of being revoked; A recipient in violation a second time shall have the access to TCA benefits on the EBT card revoked for a minimum of 1 year; A recipient in violation a third time shall have the access to TCA benefits on the EBT card revoked permanently; Recipients whose access to TCA benefits on the EBT cards has been revoked shall be required to provide checking or savings account information to the Family Investment Administration or EBT staff for direct deposit of their assistance benefits; TCA recipients not able to provide checking or savings account information shall be issued a paper check; Cash benefits on direct deposit may not be replaced if lost or stolen; Paper checks mailed to customers may be replaced one time when the customer reports the check was not received or it was stolen, within 30 days of issuance; and A recipient who is requesting a replacement TCA paper check because of theft shall provide a police report of the theft. The payee shall be one of the following: A relative caretaker described in Regulation .07D of this chapter; A protective payee approved by the local department when the caretaker is: Physically or mentally disabled; Unable to manage funds; or A pregnant or unmarried minor parent; A caretaker or a protective payee, along with the housing authority of the assistance unit's residence when arrangements for vendor payments have been made as described in §H or I of this regulation; or A third-party payee as described in §J of this regulation when: 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. The local department may issue protective payments because of a caretaker relative's disability or inability to manage funds when the following conditions are met: The caretaker relative is physically or mentally disabled and makes a written request for a protective payee; The Social Security Administration pays the caretaker relative's benefits to the protective payee; or The local department's social services worker confirms the need for a protective payee and verifies the caretaker relative's inability to manage funds. Documentation of Caretaker Relative's Inability to Manage Funds. The TCA case manager shall record in the FIP case record: Documentation of the caretaker relative's inability to manage funds; and Confirmation of the need for the protective payee. Protective Payments Issued by Local Departments. A local department issuing protective payments as described in §§C and D of this regulation shall: To the extent possible, obtain the participation and consent of the caretaker relative to appoint as a protective payee a responsible individual who may not be a: 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; Review the protective payee arrangement at least annually to ensure that the protective payee is responsibly disbursing the benefit for the FIP assistance unit; Require that a protective payee who is acting in place of a caretaker relative who is disabled or unable to manage funds reports changes in the assistance unit's circumstances and fulfill other eligibility requirements; and Terminate the protective payee arrangement when the: 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. The TCA case manager shall issue a notice of adverse action to the caretaker relative payee as described in Regulation .19C and D of this chapter before initiating protective payments. Vendor Payments—Voluntary. The local department shall: Authorize a vendor payment to a local housing authority in an amount equal to the assistance unit's rent if the: 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; Pay the amount of the monthly rent to the housing authority and send the remainder of the assistance unit's benefit to the payee either by check or by EBTS; and Terminate the vendor payment arrangement promptly when the payee of the TCA benefit states in writing that the payee wishes to receive the full amount of the benefit. Vendor Payments—Delinquent Rent. The local department shall: Authorize a vendor payment to the local housing authority in an amount equal to the assistance unit's rent if the: 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; Pay the amount of the monthly rent to the housing authority and send the remainder of the assistance unit's benefit to the payee either by check or by EBTS; Pay the rent amount to a court rather than a local housing authority as described in §I(1) and (2) of this regulation if a court order is in effect establishing an escrow account, and the local housing authority notifies the local department of the court order; and Terminate payment of the rent when the: Local housing authority requests termination; or TCA benefits are paid directly to an employer to supplement wages. Third-Party Payees. The third-party payee may be identified by the local department or the customer. Consideration for selection of a third party shall include the ability to: 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. The third-party payee shall notify the local department if the third-party payee cannot meet the requirements in §J(2)(b) and (c) of this regulation. A third-party payment may not be authorized to: 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. An individual is not required to accept assistance from a religious organization if acceptance violates the individual's bona fide religious beliefs and practices. A local department may pay an administrative fee to a third-party payee for administrative costs incurred. A religious organization that is a third-party payee may not: 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. Monthly Allowable Amounts to be Paid Effective October 1, 2008 Monthly Allowable Amounts to be Paid Effective November 1, 2013. Column B is based on household having zero income. A. Numberof Individualsin theAssistance Unit B. AllowableAmount tobe Paid C. Allowable Amount forDetermining Stepparent Eligibility (50 percent of Poverty Level) 1 $ 282 $ 478 2 559 646 3 624 813 4 755 981 5 875 1,148 6 962 1,316 7 1,081 1,483 8 1,191 1,651 9 1,285 1,818 10 1,389 1,986 11 1,516 2,153 12 1586 2,321 13 1,683 2,488 14 1,782 2,656 15 1,884 2,823 16 2,006 2,991 Each individual over 16 Add $118 Add $167 Reapplication. The local department shall: 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. A reapplication is treated the same as an application. Interim Change. The local department shall advise applicants and recipients of the change reporting requirements. An applicant or recipient who fails to report receipt of or a change in countable income, as required by this section, loses the earnings disregards as described in Regulation .13E(3)(b) of this chapter for the period of time the change was unreported. A recipient shall report: 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. The effective date of a grant change shall be made as follows: 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: The first day of the month immediately following the month in which the change occurred; or Not later than the first day of the second subsequent month following the month in which the change occurred. 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. When TCA is terminated for any reason, continued eligibility for Medical Assistance shall be reevaluated for the assistance unit. If the assistance unit becomes ineligible because of a parent's earnings and the assistance unit has received TCA in 3 of the last 6 months, the assistance unit is eligible to receive child care for an additional 12 months, based on the caretaker relative's income. After the termination of TCA the local department shall provide transitional food supplement benefits as described in COMAR 07.03.17.49H. An assistance unit that becomes ineligible for TCA solely because of increased collection of child support is eligible for 4 additional months of Medical Assistance. Recipients may request that their case be closed at any time. Adequate Notice. The local department shall provide a FIP recipient with written notice of any change. Except as provided in §C(3) of this regulation, the written notice shall include: 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. When changes in either State or federal law require automatic benefit adjustments for categories of recipients, timely notice of a grant adjustment shall be given, which is adequate if it includes: 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. Timely Notice of Termination or Reduction. The local department shall mail or hand deliver written advance notice at least 10 calendar days before the date of a reduction, termination, or suspension action except as described in §D(2) of this regulation. Exceptions to timely notice are: 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. Conciliation Process. Conciliation and sanction are applied to recipient assistance units only. The local department shall allow one 30-day conciliation period for each recipient’s failure to comply with requirements for each of the following: 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. During the 30-day period, the case manager shall advise the individual of the noncompliance and help the individual to comply by: 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. After the 30-day period, a later instance of noncompliance with the same program requirement does not entitle the individual to another 30-day conciliation period. Sanctions for Noncompliance. Except as provided in Regulation .09D and E of this chapter for substance abuse, when an adult recipient is found to be in noncompliance with program requirements, the: Entire assistance unit is ineligible; and Case manager shall: Investigate the reasons for noncompliance; and Make personal contact with the assistance unit to the extent it is appropriate and feasible. When a child is found to be in noncompliance with program requirements, the: 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: Investigate the reasons for noncompliance; and Make personal contact with the assistance unit to the extent it is appropriate and feasible. When implementing a sanction: 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: TCA shall be resumed immediately upon compliance with the work activity; or If the noncompliance continues into a new month, TCA shall be prorated from the day after the day of compliance; For a second or subsequent instance of noncompliance, a sanction may be imposed: After the case manager investigates the reasons for the noncompliance; Following adequate and timely adverse action; or TCA shall be resumed and prorated from the day after the 10 calendar day period during which the sanctioned individual complied with the work activity for all available activity days; or 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. If an individual fails to comply during a sanction period without good cause: 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. All individuals in the assistance unit are sanctioned except a child who is: 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. Transitional Assistance. 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: An active child protective service case; An active intensive family service case; An adult member who is disabled; An adult member who is illiterate; or An adult member who is not fluent in English if notices are not translated in the individual's language. Sanctions for Fraud and IPV. An assistance unit is ineligible for TCA benefits upon a finding of fraud or an IPV by a court of law, through an administrative disqualification hearing, or through the waiver of an administrative disqualification hearing in accordance with the requirements in COMAR 07.03.10. Fraudulent Misrepresentation of Residence. An individual is ineligible for TCA for a period of 10 years when the individual fraudulently misrepresents residence to obtain benefits from two or more states. The 10 years begins with the date the individual is convicted in federal or state court of having made a fraudulent statement or representation in order to receive assistance simultaneously from two or more states. All of the income of the convicted individual is counted as available to the remaining assistance unit members. A parent or caretaker who fails to report the absence of a dependent child, when the absence is expected to be more than 180 days, is not eligible for assistance for 3 consecutive months, according to the following: The absence shall be reported by the end of a 5 calendar day period that begins with the date it becomes clear that the child is absent; The income and assets of the parent are counted as being available to the remaining assistance unit members; and The 3 months shall begin the first day of the month following the adverse action period. 24-Month Time Limit. An adult parent receiving assistance shall engage in work, when appropriate child care is available, as defined by the local department of social services, at the earlier of when the: 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. The only exception to the 24-month work requirement is a single parent caring for a child younger than 6 years old who is unable to obtain child care for one or more of the following reasons: 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. 60-Month Time Limit. Unless exempt because of hardship, TCA may not be paid for an adult parent who has received a total of 60 cumulative months of TCA funded wholly or in part by federal funds in Maryland and all other states. In determining the number of months for which assistance has been paid to an adult parent, those months do not count in which the individual was: 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. The local department shall determine an adult parent exempt because of hardship if: There is a current signed family independence plan that states the: Requirements and other actions the parent shall meet; and Support services the local department shall provide; There is an initial and updated assessment; and There is documentation to support the local department's determination that the adult parent has: Been offered or provided the support services in accordance with a family independence plan; Demonstrated a good faith effort to satisfy work activities specified in the family independence plan; and Encountered significant barriers beyond the parent's control that prevented finding and keeping a job. The local department shall determine an adult parent exempt because of hardship if there is documentation that the local department did not offer or provide the support services to the family as specified in the family independence plan. The local department shall use the following procedures to determine if an adult parent is exempt because of hardship: The case manager shall document in the case record the: Initial and updated assessments; Local department's maintenance of a family independence plan that is currently in effect; Family's good-faith efforts to meet the terms and conditions of the family independence plan; and Local department's efforts to ensure that the terms and conditions of the family independence plan have been fulfilled. The case manager shall make a recommendation based on the family's record as to: Whether a hardship exemption should be granted to the family; and The reasons why the exemption should or should not be granted; 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: The family shall be granted a hardship exemption; A new assessment shall be completed within 45 days after the hardship exemption is granted; and A new family independence plan shall be established between the local department and the family within 60 days after the hardship exemption is granted to ensure independence as quickly as possible. If required by the provision of §B(5)(d) of this regulation, the case manager and the adult parent shall develop, sign, and date a new mutually agreed-upon family independence plan that states what must be done, when, and by whom to: Overcome the family's barriers to employment; Assist the family in preparing for the transition to work; and Ensure that the family becomes independent. If required by the provision of §B(5)(d) of this regulation, the new family independence plan shall include, but is not limited to, the following: 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. The case manager's recommendation and any new plan, if required, shall be reviewed and approved by the following: A FIP supervisor; and The director of the local department or designee. In accordance with Regulation .22A of this chapter, the Department shall review a sample of TCA cases closed pursuant to this section. Adult parents exempt because of hardship, who exceed the numerical limits of federal law, shall be paid TCA entirely from State general funds that may be counted toward any federal maintenance of effort requirement. Adult parents paid under §B(10) of this regulation are subject to all FIP requirements in this chapter. Payment irregularities, which include overpayments, underpayments, fraud, and recoupment of funds, are handled according to COMAR 07.03.14. The Family Investment Administration shall review TCA cases. An individual who refuses to cooperate in the quality control review is subject to termination of cash assistance or service as provided in §D of this regulation. An individual whose case is terminated for refusal to cooperate in a quality control review may apply for and receive assistance if otherwise eligible in the future, if the individual: Participates in the review that resulted in the case closure; Cooperates completely in supplying all information as required concerning current eligibility; and Is otherwise eligible. An individual whose case is terminated for refusal to cooperate in a quality control review shall have benefits restored in the following manner when the individual cooperates with the quality control review: During the first no-pay month, the full monthly benefit is paid; or After the first no-pay month, the individual is treated as an applicant and the benefit is prorated. Agency Conference. A FIP recipient may request an agency conference to: Obtain an explanation of the reasons for proposed actions; and Present information to show that the proposed action is incorrect. Appeal of Local Department Decision. The local department shall give to each applicant or recipient of FIP written notification of the right to and procedures for requesting and obtaining an administrative hearing as set forth in COMAR 07.01.04. Discrimination. The local department may not discriminate against any FIP applicant or recipient on the grounds of race, color, national origin, gender, age, marital status, mental or physical disability, or religious or political affiliation. A FIP applicant or recipient may file a written complaint which sets forth the events and circumstances of alleged discrimination with the: 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 Department shall investigate promptly and notify the complainant of its findings within 60 days of the filing of a written complaint. In this regulation, the following terms have the meanings indicated: “Displacement” means employing or assigning a subsidized participant when: 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. “Employer” means a person or government entity which employs at least one individual within the State. Subsidized Employment. “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. “Subsidized participant” means an adult in a family receiving TCA under FIP who is engaged in subsidized employment or work experience. “Unsubsidized employment” means employment in the public or private sector which is: Not supported by federal or State FIP funds; and Employment which is an arrangement solely between the employer and the employee. “Work experience” means time-limited preparation for employment in a public or private work setting. Work experience participants: Are not employees and remain recipients of TCA, Medical Assistance, and, in many cases, food stamps; and May receive an expense allowance but not wages. A TCA recipient may fill a vacant employment position to engage in a work activity. A TCA recipient may not be employed or assigned in a work activity funded in whole or in part with federal funds or with State funds which results in the displacement of an employee. Work activities subject to this regulation include: Unsubsidized employment; Subsidized employment; Subsidized public sector employment; Work experience; On-the-job training; and Community service. An employee who feels employment was lost due to displacement may initiate a grievance by presenting: The complaint to the local department in writing not later than 30 calendar days after the: Alleged cause of the complaint; or Employee knew or should have known of the alleged cause of complaint; and Information to the local department to support the allegation that the employee was displaced. The local department shall: Schedule a conference with the employee, or with the employer and the employee, within 10 calendar days after receipt of the complaint; Within 15 calendar days from the date of the conference with the employee: 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: Two representatives from the Department; One representative from the Maryland Department of Labor; and Two public representatives appointed by the Secretary. A written request under §G(2)(b) of this regulation shall be filed with the Family Investment Administration not later than 15 days from the date of the local department decision. The Welfare Displacement Review Panel shall: Hold a conference with the employer and employee within 30 days of receipt of the request; and Within 30 days from the date of the conference: 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. Office of Administrative Hearings (OAH). The OAH shall conduct the hearing in accordance with State Government Article, Title 10, Subtitle 2, Annotated Code of Maryland, COMAR 28.02.01 and 07.01.04, and this regulation. Notice of the hearing shall be sent to the parties at least 15 days before the hearing and shall advise the parties of the right to be represented by a lawyer or other individual at the hearing. A party may examine the Department's record for the purpose of discovering information pertinent to the appeal, if information the Department is required to keep confidential is protected. A hearing is open to the public. The employee bears the burden of proof. The administrative law judge shall: 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. The decision of the administrative law judge is: Binding on the local department; and Subject to review by the circuit court. Upon a final finding of displacement in the grievance process, the local department may: End the subsidy in the case of subsidized employment; and Remove the participant from work experience, on-the-job training, or community service. The Secretary of the Department and the Executive Director of the Family Investment Administration, or their designees, shall develop partnership agreements for the exchange of information with any entities necessary to assist in the verification of cash assistance eligibility. The agreements shall be in writing and shall: Include procedures for requesting, obtaining, and examining the information; Specify the Secretary's designee for requesting and receiving information by title or position; and Include reimbursement rates. Reimbursement rates are based on reasonable and necessary costs of providing the information. Grants. Demonstration projects shall be developed in partnership with the local department through grants approved by the Department to: Nonprofit organizations; Local education agencies; Local management boards; Local health departments; Religious organizations; and Institutions of higher education. A religious organization may participate in FIP on the same basis as any other nongovernment entity. The funds allocated to demonstration projects may not be used to further sectarian religious instruction or worship. An individual is not required to accept assistance from a religious organization if acceptance would violate the individual's bona fide religious beliefs and practices. All individuals receiving benefits under FIP shall be provided with clear and timely notice of their rights in accordance with the requirements of Article 88A, §47, Annotated Code of Maryland. Request for Proposal. The Secretary shall award grants for demonstration projects through a competitive bid process which includes the: 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. The request for proposal for demonstration projects shall include requirements that: Applicants specify what goods or services they will provide to participants; and Each demonstration project shall: Complement the local department FIP plan; and Address specific unmet local needs and barriers that prevent families from meeting the requirements of FIP. Human Services Article, §5-207 and Title 5, Subtitle 3, Annotated Code of Maryland;Ch. 469, Acts of 2009; Public Law 112-96 Effective date: October 1, 1996 (23:19 Md. R. 1372) Regulation .01 amended as an emergency provision effective December 9, 1996 (23:26 Md. R. 1855); amended permanently effective March 24, 1997 (24:5 Md. R. 483) Regulation .02B amended as an emergency provision effective December 9, 1996 (23:26 Md. R. 1855); amended permanently effective March 24, 1997 (24:5 Md. R. 483) Regulation .04C amended as an emergency provision effective December 9, 1996 (23:26 Md. R. 1855); amended permanently effective March 24, 1997 (24:5 Md. R. 483) Regulation .07 amended as an emergency provision effective December 9, 1996 (23:26 Md. R. 1855); amended permanently effective March 24, 1997 (24:5 Md. R. 483) Regulation .09C, D amended as an emergency provision effective December 9, 1996 (23:26 Md. R. 1855); amended permanently effective March 24, 1997 (24:5 Md. R. 483) Regulation .12E amended as an emergency provision effective December 9, 1996 (23:26 Md. R. 1855); amended permanently effective March 24, 1997 (24:5 Md. R. 483) Regulation .12A, E amended as an emergency provision effective October 1, 1996 (23:21 Md. R. 1462); emergency status extended at 24:8 Md. R. 613; amended permanently effective April 7, 1997 (24:7 Md. R. 552) Regulation .14 amended as an emergency provision effective October 1, 1996 (23:21 Md. R. 1462); emergency status extended at 24:8 Md. R. 613; amended permanently effective April 7, 1997 (24:7 Md. R. 552) Regulation .15 amended as an emergency provision effective December 9, 1996 (23:26 Md. R. 1855); amended permanently effective March 24, 1997 (24:6 Md. R. 483) Chapter revised as an emergency provision effective July 1, 1997 (24:16 Md. R. 1140); revised permanently effective October 20, 1997 (24:21 Md. R. 1446) Regulation .02B amended effective November 2, 1998 (25:22 Md. R. 1651) Regulation .07 amended effective November 2, 1998 (25:22 Md. R. 1651) Regulation .08 amended effective November 2, 1998 (25:22 Md. R. 1651) Regulation .09A amended effective November 2, 1998 (25:22 Md. R. 1651) Regulation .12-1 adopted effective November 2, 1998 (25:22 Md. R. 1651) Regulation .14 repealed and new Regulation .14 adopted effective November 2, 1998 (25:22 Md. R. 1651) Regulation .15C amended effective November 2, 1998 (25:22 Md. R. 1651) Regulation .17-1 adopted effective November 3, 1997 (24:22 Md. R. 1551) Regulations .01—.20 repealed and new Regulations .01—.26 adopted effective February 18, 2002 (29:3 Md. R. 216) Regulation .03C amended effective August 16, 2004 (31:16 Md. R. 1253) Regulation .04B amended effective August 16, 2004 (31:16 Md. R. 1253) Regulation .05F amended effective August 16, 2004 (31:16 Md. R. 1253) Regulation .06B, C amended effective August 16, 2004 (31:16 Md. R. 1253) Regulation .07A, B, D amended effective August 16, 2004 (31:16 Md. R. 1253) Regulation .11B amended effective August 16, 2004 (31:16 Md. R. 1253) Regulation .12B, C amended effective August 16, 2004 (31:16 Md. R. 1253) Regulation .13 amended effective August 16, 2004 (31:16 Md. R. 1253) Regulation .14B amended effective August 16, 2004 (31:16 Md. R. 1253) Regulation .15A amended effective August 16, 2004 (31:16 Md. R. 1253) Regulation .17 amended effective August 16, 2004 (31:16 Md. R. 1253) Regulation .17 repealed and new Regulation .17 adopted effective March 14, 2005 (32:5 Md. R. 579) Regulation .18B amended as an emergency provision effective February 18, 2002 (29:10 Md. R. 821); emergency status extended at 29:17 Md. R. 1375; amended permanently effective September 16, 2002 (29:18 Md. R. 1442) Regulation .18D amended effective August 16, 2004 (31:16 Md. R. 1253) Chapter revised effective October 22, 2007 (34:21 Md. R. 1914) Regulation .01A amended effective May 26, 2014 (41:10 Md. R. 561) Regulation .02B amended effective December 28, 2009 (36:26 Md. R. 1994); May 26, 2014 (41:10 Md. R. 561) Regulation .03B, C amended effective May 26, 2014 (41:10 Md. R. 561) Regulation .03F adopted effective May 26, 2014 (41:10 Md. R. 561) Regulation .04C amended effective December 28, 2009 (36:26 Md. R. 1994); August 23, 2010 (37:17 Md. R. 1184) Regulation .04E amended effective August 23, 2010 (37:17 Md. R. 1184); May 26, 2014 (41:10 Md. R. 561) Regulation .05F amended effective May 26, 2014 (41:10 Md. R. 561) Regulation .06E repealed effective December 28, 2009 (36:26 Md. R. 1994) Regulation .07-1 amended effective May 26, 2014 (41:10 Md. R. 561) Regulation .07-1D, H amended effective December 28, 2009 (36:26 Md. R. 1994) Regulation .08A, B amended effective December 28, 2009 (36:26 Md. R. 1994) Regulation .10A amended effective December 28, 2009 (36:26 Md. R. 1994) Regulation .11 amended effective August 23, 2010 (37:17 Md. R. 1184) Regulation .12 amended effective August 23, 2010 (37:17 Md. R. 1184) Regulation .12B, C amended effective December 28, 2009 (36:26 Md. R. 1994) Regulation .15 amended effective August 23, 2010 (37:17 Md. R. 1184) Regulation .15C amended effective December 28, 2009 (36:26 Md. R. 1994) Regulation .16 amended effective August 3, 2015 (42:15 Md. R. 1015) Regulation .16B, C amended effective December 28, 2009 (36:26 Md. R. 1994) Regulation .17 amended effective October 20, 2008 (35:21 Md. R. 1823); December 28, 2009 (36:26 Md. R. 1994); May 26, 2014 (41:10 Md. R. 561) Regulation .18B amended effective May 26, 2014 (41:10 Md. R. 561) Regulation .19 amended effective September 3, 2012 (39:17 Md. R. 1147) Regulation .19A amended effective December 28, 2009 (36:26 Md. R. 1994) Regulation .19C, D amended effective May 26, 2014 (41:10 Md. R. 561) Effective date: December 1, 1976 (3:20 Md. R. 1143) Regulation .03 amended effective April 7, 1978 (5:7 Md. R. 521) Regulation .04 amended effective October 5, 1979 (6:20 Md. R. 1628) Regulation .04D, E amended effective January 5, 1977 (4:1 Md. R. 15) Regulation .04D amended effective July 28, 1978 (5:15 Md. R. 1186) Regulation .04E repealed effective February 10, 1978 (5:3 Md. R. 137) Regulation .08 amended effective April 7, 1978 (5:6 Md. R. 521) Regulation .16A adopted effective September 17, 1975 (2:21 Md. R. 1340) Regulation .16B adopted effective December 10, 1975 (2:28 Md. R. 1666) Chapter revised effective May 2, 1980 (7:9 Md. R. 843) Regulation .01 amended effective January 2, 1984 (10:26 Md. R. 2338) Regulation .01B amended, and .01B-1 and B-2 adopted effective September 27, 1982 (9:19 Md. R. 1892) Regulation .01D amended effective September 13, 1982 (9:18 Md. R. 1799) Regulations .01-1 and .01-2 adopted effective January 2, 1984 (10:26 Md. R. 2338) Regulation .01-1 amended effective January 13, 1986 (13:1 Md. R. 15) Regulation .01-1 amended as an emergency provision effective September 23, 1988 (15:21 Md. R. 2465); adopted permanently effective January 23, 1989 (16:1 Md. R. 67) Regulation .02A amended effective March 25, 1985 (12:6 Md. R. 593); January 13, 1986 (13:1 Md. R. 15) Regulation .02B amended effective December 31, 1984 (11:26 Md. R. 2277); January 13, 1986 (13:1 Md. R. 15) Regulation .02B, C, and D amended effective October 25, 1982 (9:21 Md. R. 2104) Regulation .02B, C, and E amended effective August 1, 1983 (10:15 Md. R. 1348) Regulation .02C amended effective March 28, 1983 (10:6 Md. R. 554) Regulation .02E amended as an emergency provision effective April 1, 1981 (8:7 Md. R. 638); adopted permanently effective July 20, 1981 (8:14 Md. R. 1222) Regulation .02F repealed effective October 25, 1982 (9:21 Md. R. 2104) Regulation .02G amended effective December 20, 1982 (9:25 Md. R. 2478); November 27, 1989 (16:23 Md. R. 2504) Regulation .02H repealed and new Regulation .02H adopted effective August 10, 1987 (14:16 Md. R. 1772) Regulation .02H amended effective July 24, 1989 (16:14 Md. R. 1568) Regulation .02I adopted effective January 13, 1986 (13:1 Md. R. 15) Regulation .05 amended effective December 20, 1982 (9:25 Md. R. 2478); February 10, 1986 (13:3 Md. R. 270); August 6, 1990 (17:15 Md. R. 1855) Regulation .05 amended as an emergency provision effective April 1, 1990 (17:8 Md. R. 968) (Emergency provisions are temporary and not printed in COMAR) Regulation .05A, B amended effective April 3, 1981 (8:7 Md. R. 641) Regulation .05C amended effective May 1, 1981 (8:9 Md. R. 799); January 30, 1984 (11:2 Md. R. 111); August 25, 1986 (13:17 Md. R. 1921); February 6, 1989 (16:2 Md. R. 158) Regulation .05D amended effective November 27, 1989 (16:23 Md. R. 2504) Regulation .05G adopted effective February 9, 1987 (14:3 Md. R. 271) Regulation .06A amended as an emergency provision effective April 1, 1981 (8:7 Md. R. 638); adopted permanently effective July 20, 1981 (8:14 Md. R. 1222) Regulation .06A amended effective September 27, 1982 (9:19 Md. R. 1893); May 7, 1984 (11:9 Md. R. 795) Regulation .06A, B amended effective April 3, 1981 (8:7 Md. R. 641) Regulation .06B amended effective September 13, 1982 (9:18 Md. R. 1799); August 26, 1985 (12:17 Md. R. 1702); September 21, 1986 (13:19 Md. R. 2119); October 5, 1987 (14:20 Md. R. 2141); October 17, 1988 (15:21 Md. R. 2467); November 27, 1989 (16:23 Md. R. 2504) Regulation .06D amended effective December 20, 1982 (9:25 Md. R. 2478); May 9, 1983 (10:9 Md. R. 789); October 10, 1983 (10:20 Md. R. 1784) Regulation .06D repealed effective May 7, 1984 (11:9 Md. R. 795) Regulation .06D, E amended effective September 28, 1981 (8:19 Md. R. 1564) Regulation .06E repealed effective May 9, 1983 (10:9 Md. R. 789) Regulation .07 amended effective January 2, 1984 (10:26 Md. R. 2338) Regulation .07A amended effective December 31, 1984 (11:26 Md. R. 2277); November 13, 1989 (16:22 Md. R. 2364) Regulation .07D adopted effective November 22, 1982 (9:23 Md. R. 2258) Regulation .07D adopted effective December 15, 1986 (13:25 Md. R. 2657) Regulation .08B amended effective October 25, 1982 (9:21 Md. R. 2104) Regulation .10A repealed effective October 25, 1982 (9:21 Md. R. 2104) Regulation .10B amended effective July 20, 1981 (8:14 Md. R. 1222); October 25, 1982 (9:21 Md. R. 2104); August 1, 1983 (10:15 Md. R. 1348) Regulation .10C amended effective March 6, 1981 (8:5 Md. R. 472); April 3, 1981 (8:7 Md. R. 641); October 25, 1982 (9:21 Md. R. 2104); August 1, 1983 (10:15 Md. R. 1348) Regulation .10D and E adopted effective August 1, 1983 (10:15 Md. R. 1348) Regulation .10E amended effective January 13, 1986 (13:1 Md. R. 15) Regulation .12-1 adopted effective March 26, 1984 (11:6 Md. R. 548) Regulation .13 adopted effective January 18, 1982 (9:1 Md. R. 18) Regulation .14 adopted effective October 10, 1983 (10:20 Md. R. 1783) Regulations .01—.14 repealed and new Regulations .01—.23 adopted effective May 1, 1992 (19:6 Md. R. 670; 19:7 Md. R. 743) Regulations .01—.04, .07, .13—.15, .18, and .24 amended as an emergency provision effective September 1, 1992 (19:19 Md. R. 1700); emergency status expired November 25, 1992 (19:25 Md. R. 2196) Regulations .01—.04, .07, .13, .15, and .18 amended, and new Regulations .24 and .25 adopted as an emergency provision effective January 1, 1993 (20:1 Md. R. 23); emergency status extended at 20:11 Md. R. 910; adopted permanently effective October 25, 1993 (20:21 Md. R. 1653) Regulation .14B amended as an emergency provision effective November 25, 1992 (19:25 Md. R. 2196); amended permanently effective March 29, 1993 (20:6 Md. R. 579) Regulation .14B amended effective April 25, 1994 (21:8 Md. R. 671) Chapter repealed effective November 18, 1996 (23:23 Md. R. 1554) The Temporary Disability Assistance Program (TDAP) is a State-funded program to provide assistance to low-income disabled adults who are ineligible for other categories of assistance. The assistance available under TDAP is based on the individual's assessed need and is subject to available funding. TDAP is a capped entitlement for eligible individuals. In this chapter, the following terms have the meanings indicated. Terms Defined. “Applicant” means an individual: Who has submitted an application for assistance: Directly; Through the individual's authorized representative; or If incompetent or incapacitated, through someone acting responsibly for the individual; and Whose application is pending. “Application” means giving written notice to the local department of social services of a desire to receive assistance. “Authorized representative” means an individual who has been designated in writing by the applicant or recipient to act on behalf of the applicant or recipient. “Benefit” means a grant provided under the Temporary Disability Assistance Program (TDAP). “Burial funds” means a revocable burial contract, burial trust, or other burial arrangement or fund set aside for the individual's burial needs. “Department” means the Department of Human Services. “Disability Entitlement Advocacy Program (DEAP)” is a former State program to help severely disabled individuals to establish eligibility for federal disability programs. Earned Income. “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. “Eligibility period” means the number of months that an individual is found eligible to participate in TDAP. “Impairment” means an individual is unable to work at any occupation due to a medically verified mental or physical condition. “Institution” means an establishment that: 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. “Intentional Program violation (IPV)” means an intentional false or misleading statement or misrepresentation, concealment, or withholding of facts for the purpose of: Establishing or maintaining the applicant or recipient's eligibility for TDAP; or Increasing or preventing a reduction of the amount of TDAP. “Local department” means: A department of social services in a county or Baltimore City; and The Montgomery County Department of Health and Human Services. “Local department area” means the jurisdiction served by the local department. “Public institution” means: An institution that is the direct fiscal responsibility of a governmental unit; or An institution over which a governmental unit exercises administrative control. “Qualified alien” means an individual who is not a citizen of the United States who: 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. “Resident” means an individual who, at the time of application: 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. “Resource” means: Cash; Liquid assets; and Any real or personal property that the individual: Owns individually or jointly; and Can convert to cash for support and maintenance. “Sponsor” means an individual who executed an affidavit of support or similar agreement on behalf of an immigrant as a condition of the immigrant's entry or admission into the United States as a permanent resident. “Spouse” means either of two individuals who would be defined as married to each other under applicable State law. “State Review Team (SRT)” means the interdisciplinary team within the Family Investment Administration that determines whether an individual is disabled under SSI criteria for medical assistance eligibility. “Supplemental Security Income (SSI)” means the federally funded program paid by the Social Security Administration to individuals who: Meet established disability requirements; or Are 65 years old or older. “Treatment program” means an inpatient or outpatient substance abuse treatment program certified by the Maryland Department of Health (MDH). “Unearned income” means money, goods, and services received from sources other than earned income such as pensions, benefits, returns from investments, payments of support, or contributions. Verification. “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. The application requirements for TDAP are set forth in COMAR 07.03.01. An individual is eligible for TDAP if the individual is: A United States citizen or legally admitted qualified alien; A resident of Maryland and of the local department area at the time of application; Unemployed; Financially in need as described in Regulation .07 of this chapter; Determined to have an impairment of 3 months or more; and Ineligible for a category of means-tested cash assistance in which there is federal financial participation except that an individual who has applied for Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI) may be eligible for TDAP during the period the SSDI or SSI application is being processed. An individual who lives with a minor child as a caretaker relative and meets technical eligibility for cash assistance under COMAR 07.03.03 is ineligible. An otherwise eligible individual may not receive assistance unless the individual: Agrees to pursue other sources of income and resources; Signs an interim payment reimbursement authorization if applying for SSI benefits in accordance with Regulation .06 of this chapter; and Participates in any required rehabilitation activities in accordance with Regulation .05E of this chapter. An otherwise eligible individual may not receive assistance for more than 9 months in a 36-month period unless the individual: Has been certified as medically disabled by a licensed health care provider who completed the DHS approved verification of disability form; and Has a pending application for SSI, which has not been withdrawn or finally denied. To remain eligible for assistance, an individual who is potentially eligible for SSI or any other benefit shall: Apply for the benefit; and Fully cooperate with all appropriate agencies by providing all information requested for the determination of eligibility as described in §F of this regulation. Cooperation includes actively pursuing an SSI application through all Social Security Administration appeal processes. Assistance may not be provided to individuals to: Supplement earned income; Supplement unemployment insurance benefits; Supplement SSI benefits; Provide assistance to an individual in a private institution for tuberculosis or mental disease; Provide assistance to an individual in a public institution; or Provide assistance to an individual receiving Adult Foster Care payments. Medical Findings. An individual shall provide, on the required State form, adequate medical findings to support the application for assistance. If an individual does not have the resources to obtain necessary medical findings to verify the impairment, the individual's physician shall be paid from administrative funds: 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. If the individual has Medical Assistance coverage, the health care provider completing the examination and the required State form may not be paid through administrative funds. A local department or the Department may: 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. Determination of Eligibility. The local department shall: 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: Impairment; Resources; and Income. Medical Reports. An applicant shall support the application for TDAP with a medical report before a decision is made on eligibility. The medical report shall: Contain a statement of the nature and estimated duration of the disabilities; Specify whether a medical diagnosis of substance abuse is indicated; and Be signed by the examining physician. 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. Eligibility Period. The eligibility period is determined by the local department from the estimated duration of the disability on the completed medical report. The eligibility period determined by the local department may: Be less than the estimated recovery time indicated on the medical report; and Not exceed the estimated recovery time indicated on the medical report. An applicant whose eligibility period as described in §C(1) and (2) of this regulation is at least 3 months but less than 12 months shall be certified for not more than 9 months in a 36-month period. An applicant who is determined by the local department to be impaired and unlikely to recover in less than 12 months shall be certified for not more than 12 months if the individual: Is pursuing SSI eligibility; and Remains TDAP eligible. The local department may establish additional eligibility periods of not more than 12 months if the individual: Reapplies; Is determined to be eligible; and Continues to pursue the individual's SSI benefit claim. The local department shall adjust the eligibility period as necessary to prevent the individual from receiving assistance for more than 9 months in a 36-month period if the individual: Withdraws the application for SSI; or Has been finally denied SSI benefits. The local department may establish additional eligibility periods of not more than 12 months if the individual: Reapplies; Is determined to be eligible; and Continues to pursue the individual's SSI benefit claim. The local department shall adjust the eligibility period as necessary to prevent the individual from receiving assistance for more than 9 months in a 36-month period if the individual: Withdraws the application for SSI; or Has been finally denied SSI benefits. Eligibility automatically ends at the end of the eligibility period unless the individual reapplies and establishes a new eligibility period. Eligibility for the entire month is established when an individual meets all eligibility requirements for any portion of the month. Rehabilitation Requirements. During the eligibility period, if there are available resources, the local department may require the individual as a condition of continuing eligibility to: 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: To determine the need for substance abuse treatment; and If found to be in need of substance abuse treatment, to participate in appropriate treatment if available. An individual who fails to participate in one or more activities required under §E of this regulation without good cause, as described in Regulation .16D of this chapter, is ineligible for benefits. Interim Payment Reimbursement Authorization. If the individual is or becomes potentially eligible for receipt of SSI, the individual shall sign an interim payment reimbursement authorization which: 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. The local department may not provide assistance to an individual who refuses to execute the interim payment reimbursement authorization. Interim assistance is the TDAP benefit provided to an individual during the period: Beginning the month the recipient applies for SSI benefits; and Ending the month the SSI payments are received by the Department or the local department. The Department or the local department shall be reimbursed from the SSI initial payment: For the full value of the TDAP benefit; or If the first month's SSI payment is prorated, a portion of the TDAP benefit prorated from the effective date of SSI eligibility. When the total amount of SSI received by the Department or the local department is greater than the amount of reimbursement, the Department or the local department shall pay the excess to the recipient within 10 working days after the date of receipt of the payment. Death of the Individual. If an individual dies before SSI eligibility has been determined, the State retains the right to receive benefits due for the retroactive period. The 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 to which it is entitled. Presumptive SSI Payment. Presumptive SSI payment is made for a maximum period of 6 months pending the final eligibility determination. The individual shall report receipt of SSI presumptive eligibility payments to the local department within 10 days of receipt. The local department shall: 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. If the SSI presumptive payments are paid as a lump sum, the payment is treated according to Regulation .09 of this chapter. For purposes of TDAP eligibility, need exists if countable: Resources do not exceed $1,500; and Income does not exceed the allowable amount. Available resources and income are calculated on a current monthly basis. The allowable amount is $185. Availability of Resources. Except as otherwise provided by this regulation, the local department shall consider all resources available to the individual. If there is a potential resource, the individual, with the help of the local department as needed, shall: Take all possible steps to make the resource available; and Submit verification of efforts being made to obtain the resource. A resource is considered available only if the resource is actually at the disposal of the individual. Notes, mortgages, or other financial instruments that may be readily sold are considered available resources unless written rejection by a publicly known buyer of those items proves their lack of salability in the open market at a fair market value. Countable Resources. Except as provide in §D of this regulation, countable resources are considered available to the individual. Limitation. The resource limit for an individual in any month is $1,500, and includes the value of all countable resources. Resources that are not counted against the $1,500 limitation are: The home, as provided by §E of this regulation; Household goods used in the home regardless of value, including basic items essential to day-to-day living such as clothing, furniture, implements for personal use, and other similarly essential items; Farm animals; Any motor vehicle, regardless of use or value; A life insurance policy that may be retained to meet current and future needs, except that if the individual has more than one life insurance policy, the local department shall: Disregard the cash-in value of the most valuable policy; and Count the cash-in value of the other policies toward the resource limit; The value of one burial plot; and The equity value of burial funds, as described in §F of this regulation. Ownership of Home. The individual may retain the home only if the individual owns it and: 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. The home includes the property on which the home is located. Burial Funds. Funds set aside for burial shall be kept separate from other resources. Burial funds mixed with other resources shall be treated as nonexcluded resources. Interest earned on excluded burial funds is also excluded from resources if allowed to accumulate and become part of the set-aside burial fund. The burial fund exclusion shall be reduced by the: 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. Equity Value. Equity value is the value of an item on the open market less legal debts against the item being valued. Transfer of Resources. Resources transferred during the eligibility period with the intent to defeat the purpose of the law and without the consent of the local department shall be considered a possible: Resource affecting current eligibility; and Fraud or intentional program violation that might have reduced or canceled the eligibility period or defeated recovery provisions. Transfer of resources within 3 months before filing an application for TDAP benefits is handled according to COMAR 07.03.01.06. Receipt of Lump Sum Income. Lump sum income is treated as provided in Regulation .09 of this chapter. The treatment of resources of the sponsor of a legal immigrant is the same as for an applicant or recipient of assistance in the Temporary Cash Assistance (TCA) program under COMAR 07.03.03.15. Lump sum income is a nonrecurring money payment. In determining eligibility, the portion of the lump sum actually available to an individual is counted as income in the following way: The lump sum income is added to the sum of all other countable income for the month and the deductions allowed in §C of this regulation are made; Income resulting from the computation in §B(1) of this regulation is divided by the allowable amount; The individual is ineligible for the period of months equal to the quotient resulting from the division in §B(2) of this regulation beginning with the first month for which advance notice 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, if any, ends; and The individual 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 §B(3) of this regulation beginning with the month of application. Shortened Period of Ineligibility for Recipients of Lump Sum Income. The local department shall shorten the period of ineligibility due to receipt of lump sum income if the lump sum income, or a portion of it, becomes unavailable to the individual due to circumstances beyond the control of the individual. The lump sum income, or a portion of it, is considered unavailable if the lump sum income is verified to be no longer in the possession of the individual and cannot be recovered or used for everyday expenses. Circumstances that are considered beyond the control of the individual are: 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: 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 if prescribed by a health professional licensed under State law to prescribe drugs; or Over-the-counter medications or health-related supplies or appliances ordered by a health professional licensed by the State. Availability of Income. Except as otherwise provided by this regulation, all income actually at the disposal of the individual is considered available to the individual. The individual, with the help of the local department as needed, shall: Take all possible steps to make the income available; and Submit verification of efforts being made to obtain the income. Earned income from the application month or from a period preceding the application month but received in that month shall be considered lump sum income subject to treatment as described in Regulation .09 of this chapter. Income of a Spouse. 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. In-kind income, including vendor payments, third-party payments, and contributions of goods to the individual, is not counted as income. Excluded Income. Income from any of the following sources is not considered: Food Supplement Program allotments; Payment received under: 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; A grant or loan to an undergraduate student for educational purposes; All training allowances offered by a public or private organization enabling a TDAP recipient to participate in a training program intended to help the recipient to acquire job skills; Loans or portions of loans from any source that shall be repaid; and All income of a spouse in receipt of SSI benefits. The treatment of income of the sponsor of a legal immigrant is the same as for an applicant or recipient of assistance under COMAR 07.03.17.09-1. To the extent that resources and staff are available, the local department shall provide assistance in an amount up to $185, deducting the countable unearned income, to eligible individuals in accordance with this regulation. The local department may suspend or terminate TDAP eligibility if the individual: No longer meets the technical eligibility or need requirements of this chapter; Leaves the State temporarily and for more than 1 month; or Refuses to cooperate with any quality control review. Payee. A payee is: The eligible individual; A judicially appointed legal representative, guardian, trustee, or committee; or A representative payee appointed by the local department. An eligible individual may not be the payee if the: Medical diagnosis identifies an active medical condition of: Alcoholism; or Drug addiction; and Recipient is not actively participating in a treatment program or in remission from active substance abuse. If the payee is a representative payee appointed by the local department, the: 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: Family Investment Program staff; An individual with a known substance abuse problem; or An entity which deals with eligible individuals for a profit, which would create a conflict of interest; and Local department shall terminate protective payments when they are no longer required by the provisions of §C(2) of this regulation. An individual is not required to accept assistance from a religious organization if acceptance violates the individual's bona fide religious beliefs and practices. An individual shall report to the local department any change in circumstances within 10 days of the onset of the change. If a change that may affect continuing eligibility or the delivery of assistance is reported or brought to the attention of the local department, the local department shall promptly determine eligibility and evaluate the provision of assistance. If the local department believes that an individual's circumstances need to be verified, the local department shall request, and the individual shall promptly submit, completed medical and financial documents for a determination of eligibility. Notice. After the eligibility period has been established, the local department shall provide timely and adequate advance written notice to the recipient before the: Eligibility period is shortened or terminated; or Method of delivery of assistance is changed. An adequate advance written notice includes: 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. A timely notice is a written notice that is mailed at least 10 days before the date of the action. If the individual or a representative responds within the advance notice period, the local department: Shall provide an opportunity for an agency conference: Where the individual has the opportunity to speak or to be represented by legal counsel, a friend, or other spokesperson; and Which does not in any way diminish the individual's right to an administrative hearing; and May not take the intended action until after the conference with the applicant or recipient or the representative. The local department shall send adequate notice not later than the date of action if the: Local department has factual information confirming the death of an individual; Local department receives a clear written statement signed by the individual that: The individual no longer wishes to receive TDAP benefits; or Gives information that requires the action and indicates that the individual understands that termination of eligibility or reduction of assistance is the consequence of supplying the information; 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. If mail from the local department directed to the individual has been returned by the post office indicating no known forwarding address, the local department shall make reasonable attempts to contact the individual. Mass Changes. If changes in either State law or regulations require automatic adjustments or termination of assistance or when benefits are limited as provided in Regulation .17 of this chapter, the local department shall send timely notice of the adjustment or termination. The notice is adequate if the notice includes: 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. Continuation of Assistance Pending Appeal. Benefits pending appeal are granted pursuant to COMAR 07.01.04.05. Reapplication and Extension of Eligibility Period. If the eligible individual reapplies after the eligibility period has ended, the application shall be considered a new application. If the eligible individual reapplies before the eligibility period ends, the local department shall complete the application so that eligibility remains uninterrupted for the individual who remains eligible. If the eligible individual requests an extension of the eligibility period based on new evidence of the individual's impairment, the local department shall determine eligibility and may adjust the eligibility period as appropriate. At the end of the eligibility period, the local department shall require a new application and obtain new proof of eligibility to establish a new eligibility period. The local department shall send the eligible individual a reminder notice 1 month before the month the eligibility period is to expire. Payment irregularities, which include overpayments, underpayments, and fraud, are handled according to COMAR 07.03.14. The local department shall give written notification of the right to, and the procedures for requesting and obtaining, an administrative hearing to each individual at the time of application and whenever the local department notifies the individual of any action which might deny, delay, suspend, reduce, or terminate eligibility or assistance. The procedures for an administrative hearing are set forth in COMAR 07.01.04. A disqualification period of 36 months from the date of the conviction for fraud in a needs-based program shall be imposed on a convicted TDAP individual. Except as otherwise provided in §D of this regulation, an eligible individual whose eligibility has been interrupted for failure to comply with any program requirement listed in §B of this regulation and who reapplies is ineligible until the individual complies with the requirement. Noncompliance is failure to: Cooperate with the SRT when referred by the local department; Cooperate with the Disability Entitlement Advocacy Program (DEAP) if referred by the local department; Pursue eligibility for SSI with the Social Security Administration when required; or Participate in any required rehabilitation activities. The local department shall notify the individual of the penalty period, which shall be effective the month in which eligibility is interrupted. Good Cause. An individual is not subject to the penalty described in §A of this regulation if the individual verifies good cause for being unable to keep an appointment. Examples of good cause include, but are not limited to: Hospitalization; or Inability to secure a necessary appointment. If the Secretary of Human Services determines that the caseload of current TDAP recipients will exhaust the TDAP appropriation for any State fiscal year, the Secretary may take one or more of the following actions to insure that the TDAP appropriation will not be exhausted: Cease making payments on new applications for: 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; Decrease further payments by 25 percent of the amount specified in Regulation .11A of this chapter for: 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 Deny further payments for current: 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. If additional appropriations are made during the State fiscal year, the Secretary may adjust the actions taken in accordance with §A of this regulation to ensure that the additional appropriation will not be exhausted. Local Funding for TDAP Benefits. Local jurisdictions: May fund individuals whose benefits are denied or reduced under this Regulation; and May not be reimbursed for any of these payments. On the effective date of this chapter, individuals for whom a period of eligibility had been established under COMAR 07.06.05 shall continue that eligibility period until the: Eligibility period expires; or Individual becomes ineligible. The local department shall: Notify the individual before the period of eligibility expires that the individual must reapply for continued assistance; and Apply the provisions of this chapter to determine the continued eligibility for individuals described in §A of this regulation. Human Services Article, §§1-205, 2-209, 5-201, 5-207, Annotated Code of Maryland Effective date: August 1, 2004 (31:14 Md. R. 1077) Regulation .02B amended effective November 15, 2010 (37:23 Md. R. 1609) Regulation .04D, F amended effective November 15, 2010 (37:23 Md. R. 1609) Regulation .04F,G amended effective November 19, 2007 (34:23 Md. R. 2026) Regulation .05A, C amended effective November 15, 2010 (37:23 Md. R. 1609) Regulation .05 amended effective November 19, 2007 (34:23 Md. R. 2026) Regulation .08E amended effective November 19, 2007 (34:23 Md. R. 2026) Regulation .10A, B amended effective October 17, 2011 (38:21 Md. R. 1276) Regulation .10B amended effective November 15, 2010 (37:23 Md. R. 1609) Regulation .16B amended effective November 19, 2007 (34:23 Md. R. 2026) This chapter sets the eligibility criteria for payments of the Maryland Mandatory State Supplement to certain individuals and couples in the Supplemental Security Income program. In this chapter, the following terms have the meanings indicated. Terms Defined. “December 1973 income” means an amount equal to the total of: 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. “SSA” means the federal Social Security Administration. “SSI” means the Supplemental Security Income Program. “Title XVI benefit plus any other income” means an amount equal to the total of: 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. SSA administers the Mandatory State Supplement Program through an agreement with the State. SSA shall make the State supplemental payment. An individual or couple is eligible each month beginning January 1974 for a State supplement under this chapter if the individual or couple: Is a resident of the State; Meets the SSI definition of aged, blind, or disabled in that month; Is a recipient of cash grants under the programs in the State's plan approved under Title I, X, XIV, or XVI of the Social Security Act in December 1973, or who applied for this assistance in the State in December 1973 and was subsequently determined to be eligible for a cash grant for the month of December 1973 under these programs; and Has December 1973 income as defined in Regulation .02B(1) of this chapter exceeding the amount of the individual's or couple's Title XVI benefit plus any other income as defined in Regulation .02B(2) of this regulation. SSA may not pay an individual or couple the State supplement in any month in which the individual or couple was ineligible to receive benefits under Title XVI according to 20 CFR §416.2040. An individual or couple may not receive the State supplement in any full month when the individual or couple is not a resident of Maryland as described in §B of this regulation. Residence. A resident of the State is one who is living in the State voluntarily and not for a temporary purpose and has no immediate intention of moving from the State. A recipient of assistance may be living outside of the State if the individual's absence from the State is temporary with subsequent returns to the State, or with the intent to return when the purposes of the absence have been accomplished. The amount of the State supplement is the amount by which the individual's or couple's December 1973 income as defined in Regulation .02B(1) of this chapter exceeds the Title XVI benefits and other income as defined in Regulation .02B(2) of this chapter for the month. Overpayments. Upon determination that an overpayment has been made, SSA shall make adjustments against future federally administered payments for which the individual is entitled. The rules and requirements in effect for recovery of SSI benefits shall also apply to the recovery of mandatory State supplement overpaid amounts. Underpayments. Upon determination that an underpayment of the State supplement is due and payable, the SSA shall pay the underpaid amount to the underpaid claimant or to the individual's representative. If the underpaid individual dies before receiving the underpaid amount of the State supplement, the underpaid amount shall be paid to the individual's eligible spouse. If the deceased claimant has no eligible spouse, the underpaid amount may not be paid. The State supplement shall end the earlier of: The month after the month of death; or The first month after the month in which the individual ceases to be an aged, blind, or disabled individual as defined in 20 CFR §416.202. Discrimination complaints shall be handled in accordance with COMAR 07.01.03. Human Services Article, §§2-209 and 5-205, Annotated Code of MarylandFederal Regulatory Reference—20 CFR §§416.2001—416.2075 Effective date: January 1, 1974 Regulation .02E repealed effective April 7, 1978 (5:7 Md. R. 521) Regulation .05A amended effective January 5, 1977 (4:1 Md. R. 15) Regulation .06 repealed effective February 10, 1978 (5:3 Md. R. 137) Regulation .07 amended effective January 19, 1977 (4:2 Md. R. 86) Regulation .07B amended effective July 1, 1980 (7:13 Md. R. 1275) Regulation .11 amended effective January 18, 1982 (9:1 Md. R. 18) Regulation .12A adopted effective September 17, 1975 (2:21 Md. R. 1340) Regulation .12A amended effective October 10, 1983 (10:20 Md. R. 1783) Regulation .12B adopted effective December 10, 1975 (2:28 Md. R. 1666) Regulations .01—.12 repealed and new regulations .01—.10 adopted effective July 16, 2007 (34:14 Md. R. 1245) Public Assistance to Adults is a monthly payment of State funds to an individual who has: Been certified for a licensed assisted living program, a CARE home, or a Maryland Department of Health (MDH) rehabilitative residence; and Allowable needs in excess of total countable income and resources that do not exceed limits. In this chapter, the following terms have the meanings indicated. Terms Defined. “Allowable need” means any need as described in Regulation .04 of this chapter as licensed assisted living, Certified Adult Residential Environment (CARE) homes, and personal and incidental needs. “Assisted living” means services provided in a licensed protective institutional environment as described in COMAR 10.07.14 to an individual who is aged or disabled, or both, and who cannot manage activities of daily living as described in COMAR 10.07.14.02B(2)(b). “CARE home” means a home that provides supervised residential alternatives to an individual who, due to physical or mental disability, cannot live unsupervised in the community and is at risk for institutionalization as described in COMAR 07.02.19. "MDH" rehabilitative residence" means a residence that provides residential rehabilitation as described in COMAR 10.21.22 or a supported living program approved by the Mental Hygiene Administration of the Maryland Department of Health. “Local department” means a local department of social services in a county or Baltimore City or the Montgomery County Department of Health and Human Services. “Net countable income” means gross income less any disregard. “Protected living arrangement” means a residential environment that provides care to vulnerable adults who are aged, disabled, or both, and who cannot manage activities of daily living as described in COMAR 10.07.14.02B(2)(b). “Resident” means an individual who is living in the State voluntarily and not for a temporary purpose. An individual is eligible when, in any month, the individual: Is a resident of the State; Is receiving a federal benefit for age, blindness, or disability; If not receiving a federal retirement or disability benefit, has filed an application for Supplemental Security Income (SSI) and Social Security Disability Insurance (SSDI), in accordance with §B of this regulation; Is in an assisted living program, in a CARE home, or in a MDH rehabilitative residence while continuing to cooperate with all technical and financial requirements of eligibility; and Continues to cooperate with all technical and financial requirements of eligibility. Social Security Administration Disability Benefits Applications and Appeals. Applicants who are not receiving a federal retirement or disability benefit shall fully cooperate with the Social Security Administration (SSA) application and appeals processes. Failure to cooperate shall render the applicant or recipient ineligible and result in application denial or case closure. If SSA makes a final unfavorable decision, the customer is no longer eligible for assisted living benefits from the PAA program, unless: Good cause exists for continued PAA eligibility, which the DHS Appointing Authority or its designee shall determine following a review; or Disability Services Operations (DSO) decides that the person meets the definition of disabled following a consultative exam or coordination with the State Disability Determination Services Agency. Determination of Medical Justification for Placement into an Assisted Living Facility. The Department of Human Services shall establish a process through DSO to determine when medical justification for placement into a protected living environment is sufficient to support an individual’s eligibility for the PAA-Assisted Living program. This provision does not apply to individuals participating in PAA-CARE homes and PAA-MDH rehabilitative residences. Temporary Absence from Maryland. An individual remains a resident of the State despite temporary absence from the State if the individual intends to return when the purposes of the absence have been accomplished. The local department shall verify, after 30 consecutive days of absence and monthly after that, whether the absence is temporary or permanent. Cooperation with the Eligibility Process. An individual shall: 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. The individual and the individual’s authorized representative are subject to the requirements in COMAR 07.03.14 if they provide false information. After meeting all other program requirements, an individual is eligible for Public Assistance to Adults: While the application for other benefits is pending; and After the application for other benefits is denied if the individual meets the conditions described in §A(3) of this regulation. Interim Payment Reimbursement Authorization. Assisted living program and CARE home applicants and recipients shall sign an Interim Payment Reimbursement Authorization which: 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. If the initial SSI payment mailed to the local department is less than or equal to the amount of Public Assistance to Adults received for the months the individual was entitled to SSI, the local department may retain the full amount of the SSI payment. If the amount of SSI received by the local department is greater than the amount of assistance paid, the local department shall pay the excess amount to the individual within 10 days of the receipt of the SSI payment and the Supplemental Security Income Notice of Interim Assistance Reimbursement Eligibility and Accountability Report. Personal Needs Allowance. The standard for personal and incidental needs is $82 for an individual receiving Public Assistance to Adults for care in an assisted living program, CARE home, or MDH rehabilitative residence or supported living programs. The personal needs allowance may not be used for the cost of care. Assisted Living Program. Assisted living cost of care is: 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. Payment Schedule for Assisted Living Care. Effective January 1, 2009, the maximum allowable amount paid to a recipient for assisted living program care is $858 per month or $28.22 per diem. Per diem amounts are used when the recipient enters care after the first day of the month. Benefits are effective on the date of entry into care when the application is made in the same month. CARE Homes. CARE home cost of care is: 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. Payment Schedule for CARE Homes. Effective January 1, 2009, the maximum allowable amount paid to a recipient for CARE home care is: Per diem amounts are used when the recipient enters care after the first day of the month. Benefits are paid from the date of entry into care when the application is made in the same month. Rehabilitative Residences. A resident of a MDH rehabilitative residence or supported living program who meets technical and financial eligibility requirements shall receive the personal needs allowance as described in §A of this regulation. Resources Retained. The Public Assistance to Adults applicant or recipient may retain up to $2,000 in countable resources. To determine the individual's eligibility, the local department shall measure the individual's countable resources against the maximum allowable amount as described in §A(1) of this regulation. Countable resources include but are not limited to: Cash on hand; Money in the bank; Stocks; Bonds; Real property other than the applicant's or recipient's home; and Trust fund principal when the individual: Is the beneficiary; and Has unrestricted access to the principal of the trust. Ownership of Home. An applicant or recipient may retain the home the applicant or recipient owns if the: 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. If neither of the conditions described in §C(1) of this regulation exists, then the equity value of the home is considered a countable resource. Transfer of Property. Transfer of property while receiving assistance with the intent to defeat the purposes of the law and without the consent of the local department shall be dealt with as described in COMAR 07.03.01. Excluded resources include: The value of burial spaces for the individual, the individual's spouse, or any member of the individual's immediate family; Burial funds as described in §B of this regulation; Irrevocable burial contracts as described in §C of this regulation; Vehicles owned by the individual; Life insurance policies; Payments under Title I of Public Law 100-383, the Civil Liberties Act of 1988, or Title II of Public Law 100-383, the Aleutian and Pribilof Islands Restitution Act, received by individuals of Japanese ancestry and Aleuts; Payments made from the Agent Orange Settlement Fund or any other fund established pursuant to the settlement in the Agent Orange product liability litigation; Payments excluded under federal law; and Trust fund principal when the individual has no access or only restricted access to the principal of the trust. Burial Funds. In this section, “burial funds” means a revocable burial contract, burial trust, or other burial arrangement, or separately identified fund that is clearly designated as set aside for the individual's or spouse's burial expense. Up to $1,500 each of burial funds shall be excluded from resources. Funds set aside for burial shall be kept separate from other resources not set aside for burial. Burial funds mixed with other resources shall be treated as nonexcluded resources. Interest earned on excluded burial funds is also excluded from income and resources if it is left to accumulate and become part of the separately identified burial fund. The burial fund exclusion shall be reduced by: 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. Irrevocable Burial Contracts. “Irrevocable burial contract” means an agreement that does not provide for a refund and that is clearly designated as providing for the individual's or spouse's burial expense. An irrevocable burial contract is fully excluded regardless of value. Interest earned on irrevocable burial funds is also excluded from income and resources. In this regulation, “income” means all income from any source. Countable income includes, but is not limited to: Wages, salaries, tips, and commissions; Income from self-employment after deducting costs of materials, equipment, or other items essential to production of the self-employment income; Federally funded assistance payments; State-funded assistance payments; Annuities, pensions, and retirement benefits; Workers' compensation or unemployment benefits; Social Security benefits; Support and alimony payments; Educational assistance not excluded under §C of this regulation; Payments from government programs, dividends, interest, royalties, or money payments from any source that is a gain or benefit to the individual; The contribution for a parent from a son or daughter; The contribution for an adult child with a disability from a parent; Lump sum income as described in §E of this regulation; Trust fund payments made on behalf of the individual when the payment is made: Directly to the individual; or To the individual's legal guardian; and Income from the trust fund principal when the individual has a right to the income as it becomes available. Excluded income includes: Any grant or loan to an undergraduate student for educational purposes made, or insured, under any program administered by the U.S. Secretary of Education; Any benefits received under Title VII, Nutrition Program for the Elderly, of the Older Americans Act of 1965, as amended; Any stipends, compensation, or expenses received by volunteers from any programs existing or to be set up under the “Domestic Volunteer Service Act of 1973” sponsored by ACTION, such as, but not limited to: 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); The value of home produce of an applicant or recipient used by the individual for home consumption; Educational loans and grants, such as scholarships, obtained and used under conditions that preclude their use for current living costs, other than those related to educational pursuits, such as books, fees, transportation to and from an educational institution, and the cost of child care while in attendance; All training allowances received in a program under the Youth Employment Demonstration Program; All training allowances received in a program offered by a public or private organization enabling people to participate in training programs intended to help them acquire job skills; Payment received from the U.S. Department of Commerce, the Census Bureau, for short-term employment as a census worker; Payment under Title I of Public Law 100-383, the Civil Liberties Act of 1988, or Title II of Public Law 100-383, the Aleutian and Pribilof Islands Restitution Act, received by individuals of Japanese ancestry and Aleuts; Payment made from the Agent Orange Settlement Fund or any other fund established pursuant to the settlement in the Agent Orange product liability litigation; The value of the benefit amount under the Food Supplement Program; and Income from the trust principal when the individual has no right to the income. Income that is excluded may not be considered in determining the need of any other person for assistance. Receipt of Lump Sum Income. Lump sum income is a nonrecurring money payment received by an applicant or recipient. The portion of a lump sum actually available to an applicant or recipient is counted as a resource or income for determining eligibility and amount of payment. The lump sum payment is counted in the following way: 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. Shortened Period of Ineligibility for Recipients of Lump Sum Income. The local department shall shorten the period of ineligibility for assistance due to receipt of lump sum income when the lump sum income or a portion of it becomes unavailable to the applicant or recipient due to circumstances beyond the individual's control. The lump sum income or a portion of it is considered unavailable when: 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. Circumstances considered beyond the control of the individual are: Theft of money; Disaster defined as fire, flood, tornado, or civil disorder; Eviction or foreclosure; or Medical expenses. Allowable medical expenses under §F(3)(d) of this regulation are payments for: 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. Net countable income is determined by applying the following disregards to countable income: A disregard of $85 plus 1/2 of the remaining earned income in any month is deducted from the total earned income as described in Regulation .07B(1) and (2) of this chapter of an individual who has no unearned income; A disregard of $20 is applied to the unearned income of an individual who has only unearned income; or A disregard of $20 in addition to a disregard of $65 plus 1/2 of the remaining earned income in any month is deducted from the total earned income of a person who has both earned and unearned income. A disregard equal to the cost of care is applied to the income of residents of MDH rehabilitative residences. The payment in Public Assistance to Adults, in any month, shall be the amount by which the allowable needs exceed the net countable income in that month. The payee shall be one of the following: An eligible individual; An agency-appointed representative payee; or A judicially appointed legal representative, guardian, trustee, or committee. Protective payments may be made on behalf of a recipient to an agency-appointed representative payee if: Medical and social findings establish that the recipient is so unable to manage money that making payment to the recipient would be contrary to the recipient's welfare; There is available to act as representative payee, a responsible and dependable individual, other than the assisted living facility operator or staff, to receive the check on behalf of a recipient and handle the money for the recipient's interest and well-being; The initial and subsequent decisions and plan for protective payments are reviewed and approved by the local department director or an appropriate member of the administrative or supervisory staff designated by the local department director to take this responsibility; Services are given to protect the recipient's welfare and to improve, as much as possible, the recipient's care and ability to manage funds; Full needs by assistance standards are met; and The decision and plan are reviewed at least once in 6 months. Protective payments are terminated immediately when: The recipient is considered able to manage funds; Judicial appointment is made of a guardian or other legal representative as serving the best interest of the recipient; or The agency learns that the representative payee has a conflict of interest or is handling the recipient’s funds in a fraudulent or exploitative manner. The representative payee may not be an individual whose selection would create a conflict of interest, including: A Family Investment Program staff member; or An entity that deals with the recipient for profit, such as an assisted living home operator or other vendor. Any program payments that are obtained or used in a fraudulent manner shall be considered an overpayment and shall be subject to recoupment in accordance with Regulation .13 of this chapter. The purpose of a reconsideration is to review all requirements for a Public Assistance to Adults grant in order to determine eligibility for continuing assistance and, if eligible, amount of assistance. Timing. Every case receiving assistance shall be reconsidered once in every 12 months. The Reapplication Process. A recipient shall have an opportunity to file a signed application for assistance to continue and shall be given, in writing or orally, information pertinent to filing the application. When the signed application is filed, the local department shall take steps to ascertain and record the facts and any other information required to make a decision as to continuing eligibility for benefits. A decision as to eligibility for continuing assistance is to be made as promptly as possible and in accordance with requirements set forth in COMAR 07.03.01. The case record shall show accurately and completely that the requirements of this regulation with respect to reconsiderations have been met. The recipient shall report any change in circumstances to the local department within 10 days of the change. The local department shall: Give, in writing or orally, information pertinent to the recipient's filing of a signed statement regarding the change; and Take steps as indicated by the facts and other information reported by either the recipient or another responsible source to make a decision as to eligibility for continuing assistance. Except as expressly provided in §§C and D of this regulation, the local department may not reduce, suspend, or terminate a benefit unless timely and adequate advance notice has been given to the recipient. Except as expressly provided in §D of this regulation, in this regulation the following terms have the meanings indicated: “Adequate” means a written notice that includes a statement of: 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. “Timely” means that the notice is mailed at least 10 days before the first day of the calendar month in which the action becomes effective. The local department may dispense with timely notice but shall send adequate notice no later than the date of action, when: The local department has factual information confirming the death of a recipient; The local department receives a clear written statement signed by the recipient that: 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; The recipient's whereabouts are unknown; A recipient has been accepted for assistance in a new jurisdiction and that fact has been established by the jurisdiction previously providing assistance; The local department has factual information confirming that the recipient was admitted to a public institution; or The local department has confirmed that the recipient and assisted living facility operator are using the program funds in fraudulent manner. When changes in either State or federal law require automatic grant adjustments for classes of recipients, the local department shall give timely and adequate notice of an adjustment to assistance which includes: A statement of the intended action; The reasons for that action; A statement of a specific change in law requiring that action; and A statement of the circumstances under which a hearing may be obtained and assistance continued. Unless continuation of assistance pending a hearing decision is required, the local department shall take action to reduce, suspend, or end the assistance: When a conference with the recipient or the recipient's representative confirms that the action is appropriate; When one or more of the conditions set forth in §C or D of this regulation are met; or Following the end of the required notice period. Payment irregularities which include overpayments, underpayments, fraud, and recoupment of funds are handled according to COMAR 07.03.14. The local department shall issue a new check to replace an assistance check that is lost, stolen, or not received if the: Recipient notified the local department within 30 calendar days from the date the check was mailed that the check was lost, stolen, or not received; Check was stolen, and the recipient has filed a complaint with the local law enforcement officials and can provide a valid complaint number; or Check was cashed, and the recipient has signed a completed forgery affidavit form. The local department shall issue the replacement check within 5 working days of satisfaction of the conditions in §A of this regulation. Appeal from Local Department Decision. The local department shall give written notification of the right to and the procedures for requesting and obtaining an administrative hearing to each applicant or recipient of public assistance: At the time of application; and Whenever the local department notifies the applicant or recipient of any action that might deny, delay, suspend, reduce, or terminate benefits. The appeal procedures are set forth in COMAR 07.01.04. Complaints of Discrimination. An applicant, recipient, authorized representative, or someone acting on behalf of the customer who believes the local department has discriminated on the basis of age, race, color, sex, disability, religion, national origin, or political beliefs may file a written complaint in accordance with COMAR 07.01.03.08. Human Services Article, §§5-205(a), 5-207(a), 5-403—5-407, and 5-409, Annotated Code of Maryland Effective date: January 1, 1974 Regulations .01—.06 amended effective July 27, 1979 (6:15 Md. R. 1270) Regulation .01 amended effective January 16, 1984 (11:1 Md. R. 41); December 14, 1987 (14:25 Md. R. 2658); October 30, 1989 (16:21 Md. R. 2261) Regulations .02A, .03A, .04A, B amended effective January 5, 1977 (4:1 Md. R. 15) Regulation .02A amended effective May 24, 1982 (9:10 Md. R. 1019); January 16, 1984 (11:1 Md. R. 41); August 26, 1985 (12:17 Md. R. 1702); October 30, 1989 (16:21 Md. R. 2261) Regulation .02B amended effective March 20, 1981 (8:6 Md. R. 561) Regulation .02C adopted effective March 20, 1981 (8:6 Md. R. 561) Regulation .02D amended effective August 26, 1985 (12:17 Md. R. 1702); October 30, 1989 (16:21 Md. R. 2261) Regulation .02D—E adopted effective January 16, 1984 (11:1 Md. R. 41) Regulation .02 amended effective December 14, 1987 (14:25 Md. R. 2658) Regulation .03A amended effective May 24, 1982 (9:10 Md. R. 1019) Regulation .03B amended effective March 20, 1981 (8:6 Md. R. 561) Regulation .03D amended effective October 30, 1989 (16:21 Md. R. 2261) Regulation .04 amended effective May 24, 1982 (9:10 Md. R. 1019) Regulation .04A amended effective January 16, 1984 (11:1 Md. R. 41); December 14, 1987 (14:25 Md. R. 2658); October 3, 1988 (15:20 Md. R. 2333); November 27, 1989 (16:23 Md. R. 2504); April 25, 1994 (21:8 Md. R. 672); December 19, 1994 (21:25 Md. R. 2104) Regulation .04B amended effective July 28, 1978 (5:15 Md. R. 1186); March 20, 1981 (8:6 Md. R. 561); December 6, 1982 (9:24 Md. R. 2389); October 10, 1983 (10:20 Md. R. 1784); August 27, 1984 (11:17 Md. R. 1490); August 12, 1985 (12:16 Md. R. 1604); October 6, 1986 (13:20 Md. R. 2209); October 5, 1987 (14:20 Md. R. 2141); October 3, 1988 (15:20 Md. R. 2333); November 27, 1989 (16:23 Md. R. 2504); April 25, 1994 (21:8 Md. R. 672) Regulation .04C amended effective March 20, 1981 (8:6 Md. R. 561); December 6, 1982 (9:24 Md. R. 2389); October 10, 1983 (10:20 Md. R. 1784); August 27, 1984 (11:17 Md. R. 1490); August 12, 1985 (12:16 Md. R. 1604); October 6, 1986 (13:20 Md. R. 2209); October 5, 1987 (14:20 Md. R. 2141); November 27, 1989 (16:23 Md. R. 2504); October 29, 1990 (17:21 Md. R. 2526); April 25, 1994 (21:8 Md. R. 672); December 19, 1994 (21:25 Md. R. 2104) Regulation .04D amended effective February 16, 1977 (4:4 Md. R. 280) Regulation .04D repealed effective February 10, 1978 (5:3 Md. R. 137) Regulation .04D repealed and .04E recodified to .04D effective October 30, 1989 (16:21 Md. R. 2261) Regulation .04D amended effective November 18, 1996 (23:23 Md. R. 1555) Regulation .04E adopted effective December 14, 1987 (14:25 Md. R. 2658) Regulation .05 amended effective April 7, 1978 (5:7 Md. R. 521) Regulation .05A amended effective October 30, 1989 (16:21 Md. R. 2261) Regulation .05B amended effective July 29, 1985 (12:15 Md. R. 1512); July 28, 1986 (13:15 Md. R. 1733); April 20, 1987 (14:8 Md. R. 938); December 14, 1987 (14:25 Md. R. 2658); May 2, 1988 (15:9 Md. R. 1108); April 17, 1989 (16:7 Md. R. 811); April 25, 1994 (21:8 Md. R. 672) Regulation .05D-1 adopted effective April 25, 1994 (21:8 Md. R. 672) Regulation .05E amended effective August 25, 1978 (5:17 Md. R. 1326); June 27, 1980 (7:13 Md. R. 1276); March 20, 1981 (8:6 Md. R. 561); May 24, 1982 (9:10 Md. R. 1019); January 16, 1984 (11:1 Md. R. 41); May 5, 1986 (13:9 Md. R. 1023); December 14, 1987 (14:25 Md. R. 2658); April 25, 1994 (21:8 Md. R. 672); December 19, 1994 (21:25 Md. R. 2104) Regulation .05E amended as an emergency provision effective February 1, 1987 (14:4 Md. R. 412); amended permanently effective May 4, 1987 (14:9 Md. R. 1079) Regulation .05E amended as an emergency provision effective April 1, 1990 (17:8 Md. R. 968); amended permanently effective August 6, 1990 (17:15 Md. R. 1855) Regulation .05H, I adopted effective February 10, 1986 (13:3 Md. R. 271) Regulation .05J adopted effective June 15, 1987 (14:12 Md. R. 1349) Regulation .05J amended effective April 25, 1994 (21:8 Md. R. 672) Regulation .06D adopted effective June 3, 1985 (12:11 Md. R. 1047) Regulation .06D repealed as an emergency provision effective February 1, 1987 (14:4 Md. R. 412); repealed permanently effective May 4, 1987 (14:9 Md. R. 1079) Regulation .07F amended effective July 1, 1980 (7:13 Md. R. 1275); April 25, 1994 (21:8 Md. R. 672) Regulation .07F-1 adopted effective June 27, 1980 (7:13 Md. R. 1276); repealed effective December 14, 1987 (14:25 Md. R. 2658) Regulation .07G amended effective July 1, 1980 (7:13 Md. R. 1275); March 6, 1981 (8:5 Md. R. 472) Regulation .09 amended effective January 18, 1982 (9:1 Md. R. 18) Regulation .09-1 adopted effective March 26, 1984 (11:6 Md. R. 548) Regulation .10A adopted effective September 17, 1975 (2:21 Md. R. 1340) Regulation .10A amended effective October 10, 1983 (10:20 Md. R. 1783) Regulation .10B adopted effective December 10, 1975 (2:28 Md. R. 1666) Regulation .10B amended effective January 16, 1984 (11:1 Md. R. 41) Regulations .01—.10 repealed and new Regulations .01—.15 adopted effective December 10, 2001 (28:24 Md. R. 2127) Regulation .02B amended effective December 22, 2014 (41:25 Md. R. 1477) Regulation .03 amended effective December 22, 2014 (41:25 Md. R. 1477) Regulation .04B, C amended effective July 19, 2004 (31:14 Md. R. 1078); February 25, 2008 (35:4 Md. R. 512); October 6, 2008 (35:20 Md. R. 1773); December 28, 2009 (36:26 Md. R. 1994) Regulation .05B amended effective February 25, 2008 (35:4 Md. R. 512) Regulation .06A amended effective February 25, 2008 (35:4 Md. R. 512) Regulation .07B amended effective February 25, 2008 (35:4 Md. R. 512) Regulation .07C amended effective February 25, 2008 (35:4 Md. R. 512); December 28, 2009 (36:26 Md. R. 1994) Regulation .09 amended effective December 22, 2014 (41:25 Md. R. 1477) Regulation .12C amended effective December 22, 2014 (41:25 Md. R. 1477) Emergency Assistance to Families with Children includes two categories of assistance: Cash Emergency Assistance to Families with Children that: Satisfies the provisions of this chapter; Meets the conditions of the local plan; and Has been approved by the Executive Director of the Family Investment Administration; and Emergency Services to Families with Children (ESFC), which is available as provided by this chapter. The local department may give Cash Emergency Assistance to Families with Children when: Assistance is needed to avoid the destitution of a child younger than 21 years old; There are no resources available to meet the emergency; and The emergency is not the result of quitting a job without good cause. Good cause includes, but is not limited to: Discrimination based on: Race; National origin; Ethnicity; Age; Sex; Disability; Religion; or Sexual orientation; Breakdown in child care or transportation; Domestic violence; Hazardous working conditions; Documented illness or incapacitation; Incarceration; Resignation at employer's request; or Other circumstances determined to be good cause by the local department. The local department shall submit a plan detailing the procedure established by the local department and the Department, for the payment of cash benefits under Emergency Assistance to Families with Children (EAFC) in its jurisdiction. The local plan or any modifications to the plan shall be approved by the Executive Director of the Family Investment Administration (FIA) before the program is implemented. The plan shall identify: Methods used to allocate the resources of the program among applicants; Types of emergencies to be covered; The application process; Verifications required from the customer; The maximum number of times an individual may apply for the program in a given fiscal year; The maximum dollar amount payable to a family unit in a given fiscal year; The method of payment; and Any plans for transfer of EAFC funds to other customer services. The Executive Director of FIA shall approve or disapprove the local plan within 45 days from the date of receipt of the local plan unless the time is extended by agreement between the Department and the local department. Assistance may be provided under the category Emergency Services to Families with Children (ESFC) to eligible children in families who have a dire need as a result of: Abuse, neglect, or abandonment; The need to remove a child from the child's home; Imminent threat of abuse, neglect, or abandonment, or the need to remove the child from the child's home; or The lack of a proper caretaker. Assistance available under ESFC includes up to 12 months of: Foster care at the rates set in COMAR 07.02.11; and Additional services as described in Regulation .05 of this chapter. The services case manager in the local department who determines that a child needs emergency foster care or any other service provided under ESFC shall provide sufficient information in the case record to allow a determination of eligibility for ESFC. For recipients or applicants of ESFC, verification may be required only if income statements seem incomplete, inconsistent, or unclear. Referral for appropriate services such as information, referral, counseling, securing shelter, and child care shall be made for problems attributable to the emergency or crisis situation and aimed towards reducing the prospect for recurrence of emergencies. ESFC services provided for eligible children may include, but are not limited to, appropriate: Purchased preventive services to families experiencing an emergency to prevent child abuse, neglect, or abandonment, or to prevent an at-risk child from being placed in out-of-home care; and Reunification services for families where children have been abandoned or placed out-of-home due to abuse, neglect, or imminent threat of these. The local department shall issue a new check to replace an assistance check which is lost, stolen, or not received under the following conditions: Recipient notified the local department within 30 calendar days from the date the check was mailed that the check was lost, stolen, or not received; Check is stolen, and the recipient has filed a complaint with local law enforcement officials and can provide a valid complaint number; or Check is cashed, and the recipient has signed a completed forgery affidavit form. The local department shall issue the replacement check within 5 working days of satisfaction of the conditions in §A of this regulation. Payment irregularities which include overpayments, underpayments, fraud, and recoupment of funds are handled according to COMAR 07.03.14. The local department shall give written notification of the right to, and the procedures for requesting and obtaining, a fair hearing to each applicant or recipient of public assistance: At the time of application; and Whenever the local department notifies the applicant or recipient of any action which might deny, suspend, reduce, or terminate assistance. The procedures are set forth in COMAR 07.01.04. Article 88A, §§3(a), 15, and 44A—53, Annotated Code of Maryland Effective date: June 25, 1974 Regulation .01A amended effective July 7, 1976 (3:14 Md. R. 746) Regulation .07A adopted effective September 17, 1975 (2:21 Md. R. 1340) Regulation .07B adopted effective December 10, 1975 (2:28 Md. R. 1666) Chapter revised effective June 8, 1977 (4:12 Md. R. 946) Regulation .01A amended effective December 19, 1983 (10:25 Md. R. 2267); July 27, 1987 (14:15 Md. R. 1658); March 19, 1990 (17:5 Md. R. 637); September 13, 1993 (20:18 Md. R. 1428); January 2, 1995 (21:26 Md. R. 2184) Regulation .01A, B amended as an emergency provision effective December 8, 1995 (22:26 Md. R. 2027); amended permanently effective May 1, 1996 (23:8 Md. R. 604) Regulation .01B amended effective July 25, 1980 (7:15 Md. R. 1422); July 27, 1987 (14:15 Md. R. 1658); September 13, 1993 (20:18 Md. R. 1428) Regulation .02 amended effective July 27, 1987 (14:15 Md. R. 1658); September 13, 1993 (20:18 Md. R. 1428) Regulation .02A amended as an emergency provision effective December 8, 1995 (22:26 Md. R. 2027); amended permanently effective May 1, 1996 (23:8 Md. R. 604) Regulation .03C and D repealed effective July 28, 1978 (5:15 Md. R. 1186) Regulation .04 amended effective March 5, 1990 (17:4 Md. R. 496) Regulation .04A amended effective November 16, 1979 (6:23 Md. R. 1838) Regulation .04A, B, C amended effective July 1, 1981 (8:8 Md. R. 719) Regulations .04A-1, C-1 and .08 adopted effective July 1, 1981 (8:8 Md. R. 719) Regulation .04A-2 amended effective July 18, 1994 (21:14 Md. R. 1228) Regulation .04C-1, F amended effective January 31, 1983 (10:2 Md. R. 108) Regulation .05 amended effective March 19, 1990 (17:5 Md. R. 637) Regulation .05 amended as an emergency provision effective December 8, 1995 (22:26 Md. R. 2027); amended permanently effective May 1, 1996 (23:8 Md. R. 604) Regulation .05B amended effective December 9, 1991 (18:24 Md. R. 2642) Regulation .05D amended effective January 2, 1994 (20:26 Md. R. 2025) Regulation .05D, E amended as an emergency provision effective July 1, 1995 (22:14 Md. R. 1045); amended permanently effective December 4, 1995 (22:24 Md. R. 1893) Regulation .05G amended effective December 19, 1983 (10:25 Md. R. 2267) Regulation .05I adopted effective July 27, 1987 (14:15 Md. R. 1658) Regulation .05J amended effective September 13, 1993 (20:18 Md. R. 1428); January 2, 1995 (21:26 Md. R. 2184) Regulation .06C amended effective January 2, 1994 (20:26 Md. R. 2025) Regulation .07 amended effective September 13, 1993 (20:18 Md. R. 1428) Regulation .07-1 adopted effective January 18, 1982 (9:1 Md. R. 18) Regulation .07-1 adopted effective March 26, 1984 (11:6 Md. R. 548) Regulation .08 repealed effective January 31, 1983 (10:2 Md. R. 108) (Regulation .07-1 recodified as Regulation .08) Regulation .09 adopted effective October 10, 1983 (10:20 Md. R. 1783) Chapter revised effective October 1, 1996 (23:19 Md. R. 1373) Chapter revised effective October 29, 2001 (28:21 Md. R. 1853) Regulation .02 repealed and new Regulation .02 adopted effective December 23, 2002 (29:25 Md. R. 1981) Effective date: June 25, 1974 Regulation .03B and .05A amended effective June 23, 1976 (3:13 Md. R. 721) Regulation .07A adopted effective September 17, 1975 (2:21 Md. R. 1340) Regulation .07B adopted effective December 10, 1975 (2:28 Md. R. 1666) Chapter revised effective June 8, 1977 (4:12 Md. R. 948) Regulation .01A amended effective March 19, 1990 (17:5 Md. R. 637) Regulation .01B amended effective July 25, 1980 (7:15 Md. R. 1422) Regulation .03A, B amended effective July 1, 1981 (8:8 Md. R. 719) Regulation .03A-1, D-1 adopted effective July 1, 1981 (8:8 Md. R. 719) Regulation .03B amended effective November 16, 1979 (6:23 Md. R. 1839) Regulation .03D-1, G amended effective January 31, 1983 (10:2 Md. R. 108) Regulation .04 amended effective March 19, 1990 (17:5 Md. R. 637); December 9, 1991 (18:24 Md. R. 2642) Regulation .07A amended effective February 10, 1978 (5:3 Md. R. 137); February 22, 1980 (7:4 Md. R. 346); October 24, 1983 (10:21 Md. R. 1900); October 20, 1985 (12:21 Md. R. 2029); December 9, 1991 (18:24 Md. R. 2642) Regulation .07A-1 amended effective December 9, 1991 (18:24 Md. R. 2642) Regulation .07C amended effective October 20, 1985 (12:21 Md. R. 2029); December 9, 1991 (18:24 Md. R. 2642) Regulation .07-1 adopted effective January 18, 1982 (9:1 Md. R. 18) Regulation .08 adopted effective July 1, 1981 (8:8 Md. R. 719) (Regulation .07-1 recodified as Regulation .08) Regulation .08 repealed effective January 31, 1983 (10:2 Md. R. 108) Regulation .08-1 adopted effective March 26, 1984 (11:6 Md. R. 548) Regulation .09 adopted effective October 10, 1983 (10:20 Md. R. 1784) Chapter repealed effective April 1, 1992 (19:6 Md. R. 671) The purpose of this chapter is to establish the procedures to be used by the Administration to disqualify individuals for the Food Supplement Program or Family Investment Programs, when there is sufficient evidence to substantiate the decision that the individual has committed an intentional violation of the Food Supplement Program or Family Investment Program regulations. In this chapter, the following terms have the meanings indicated. Terms Defined. “Administration” means the Family Investment Administration of the Department of Human Services. “Administrative disqualification hearing” means a hearing held by an administrative law judge (ALJ) of the Office of Administrative Hearings to determine if an intentional program violation has occurred. “Caretaker relative” means an individual related by blood or marriage who is the parent or is acting on behalf of the parent of a dependent child. “Hearing” means a contested case hearing as defined in State Government Article, §10-202(d), Annotated Code of Maryland. “Intentional program violation” means an intentional: False or misleading statement or misrepresentation, concealment, or withholding of facts: Concerning food supplement; or For the purposes of establishing or maintaining the assistance unit's eligibility for TCA or for increasing or preventing a reduction of the amount of TCA; or Act that constitutes a violation of the Food Stamp Act, the Food Supplement Program regulations, or any State statute relating to the use, presentation, transfer, acquisition, receipt, or possession of food supplement benefits or electronic benefit transfer (EBT) card. “Local department” means a department of social services in a county or Baltimore City, or the Montgomery County Department of Health and Human Services. “Office of Administrative Hearings (OAH)” means the unit within the Executive Branch established by State Government Article, §9-1602, Annotated Code of Maryland. “Program Fraud Division” means the unit of the Office of the Inspector General’s Bureau of Investigative Services that provides investigative resources for local departments in the investigation of suspected fraud in Department programs including but not limited to TCA, the Office of Home Energy Programs (OHEP), and food supplement benefit application, redetermination, and open cases. “Temporary cash assistance (TCA)” means benefits received under COMAR 07.03.03. The local department shall inform the household, in the case of food supplement benefits and TCA, of the disqualification penalties for intentional program violations in clear, prominent, and boldface lettering on the application form each time the household or individual applies for food supplement benefits or TCA. When information is received that an individual may have committed an intentional program violation, the local department shall refer the information to the Office of the Inspector General which shall: Conduct an investigation of the suspected intentional program violators; Prepare a report on the completed investigation showing the methods used to obtain information; and Make the report available to the director of the local department. The local departments for OHEP shall refer the information to the OHEP central office for review and investigation. When the local department decides that there is sufficient documentary evidence that an individual has committed an intentional program violation, the local department shall refer the individual to the: Local State's attorney if the alleged facts in the case meet the guidelines established by the State's attorney for prosecution; or OAH for an administrative disqualification hearing. If the local State's attorney decides that a case does not warrant prosecution, the local department may refer that case to OAH for an administrative disqualification hearing. If the local State's attorney does not act on a referred case within a reasonable period of time, the local department shall formally withdraw the referral and refer the case to OAH for an administrative disqualification hearing. The local department may refer an individual for an administrative disqualification hearing regardless of the current eligibility of the individual. The local department may not initiate an administrative disqualification hearing: Against an individual whose case is being referred by the State's attorney for prosecution; or After the State's attorney or a court of appropriate jurisdiction has taken any action against the individual in a case arising out of the same or related circumstance. The local department may allow an individual who is accused of an intentional program violation to waive the individual's right to an administrative disqualification hearing; Supervisory Review. Before providing advanced written notification that the individual may waive the individual's right to an administrative disqualification hearing, the local department shall ensure that someone other than the eligibility worker assigned to the accused individual's household or assistance unit: Reviews the evidence against the household member or individual; and Determines that the evidence warrants scheduling of a disqualification hearing. Advance Notification. When the local department decides to allow an individual to waive the individual's right to an administrative disqualification hearing, the local department shall notify the individual in writing. The notice shall include: A summary of the charge against the individual and the evidence to support it; Information regarding the administrative disqualification hearing including: A statement that the individual may waive the right to an administrative disqualification hearing, The date, not later than 20 days after the mailing of the notice, after which the local department will refer the case to OAH for a hearing if the local department has not received the signed waiver, The requirement that, for charges the head of household shall also sign the waiver if the individual is not the head of household, A statement that the individual has the right to remain silent and that anything the individual says or signs concerning the charge may be used in future administrative or judicial proceedings, A statement that signing the waiver will result in disqualification and reduce or terminate benefits for the household or assistance unit; An opportunity for the individual to admit to the facts presented by the local department; A statement that the disqualified individual and remaining household or assistance unit members are responsible for repayment of any overissued benefits; A statement that a hearing does not preclude the State or federal government from prosecuting the individual for the intentional program violation in a civil or criminal court; and The name and telephone number of the person to contact for additional information. Imposition of Disqualification Penalties. If the local department receives a signed waiver of the right to an administrative disqualification hearing before the hearing, the local department shall apply the disqualification penalty in accordance with Regulation .08 of this chapter. The signing of the waiver of the right to an administrative disqualification hearing terminates the administrative process to establish an intentional program violation. The disqualification penalty may not be changed by a subsequent OAH decision. The individual may request a hearing if the individual disagrees with the amount of the overissued benefits or the method of repayment. If the local department does not receive a signed waiver of the right to an administrative disqualification hearing within 20 days of providing advance notification in accordance with Regulation .05C of this chapter, the local department shall refer the individual to OAH for a hearing in accordance with COMAR 07.01.04. The referral shall include: Identifying case information; A summary of the alleged intentional program violation; Copies of the local department's supporting documentation; and Documentation that the individual has been: Previously disqualified for an intentional program violation, or Convicted by a court of fraud involving food supplement or TCA. A pending disqualification hearing does not affect the individual's, the household's, or the assistance unit's right to be certified and participate in the program. The local department shall terminate or reduce the household's benefits if: There is documentation to support the action; and The household fails to request a hearing and continuation of benefits after notice of termination or reduction. Food Supplement Program and Family Investment Programs. An individual who has waived the right to an administrative hearing, or was found to have committed an intentional program violation, is ineligible to participate in the specified Program, as described in §B of this regulation and COMAR 07.03.03.19. The disqualification period begins for Food Supplement and Family Investment Program, with the first month following the month in which the household receives written notification of the disqualification. Once a disqualification penalty has been imposed, the period of disqualification continues uninterrupted until the disqualification period is completed. An individual disqualified for an IPV is ineligible for the following period of time: One year for the first violation; Two years for the: Second violation; or First finding by a court of the trading of Program benefits for an illegal drug; Permanently for the: Third violation; Second finding by a court of the trading of Program benefits for an illegal drug; First finding by a court of the trading of Program benefits for firearms, ammunition, or explosives; or First finding by a court of trafficking Program benefits of $500 or more; and Ten years if an individual is found guilty of making a fraudulent statement or misrepresentation with respect to the individual’s identity or residence to receive multiple benefits at the same time. The local department shall disqualify only the individual in the household found to have committed an IPV or who signed the waiver of the right to an administrative hearing. The disqualification period begins with the first month following the month in which the individual receives written notification of the decision. Once a disqualification penalty has been imposed, the: Period of disqualification shall continue uninterrupted until completed regardless of the eligibility of the disqualified member’s household; and Disqualified member’s household shall continue to be responsible for the repayment of the overissuance resulting from the disqualified member’s IPV regardless of the household’s eligibility for program benefits. When an individual is disqualified, the local department shall send the household a demand letter for restitution. This letter shall inform the household of: The amount owed; The reason for the claim; The period of time the claim covers; Any offsetting done to reduce the claim; The ways in which the claim may be paid; The household’s right to a fair hearing if the household disagrees with the amount of the claim, except if the household already had a fair hearing on the amount of the claim as a result of consolidation of the administrative disqualification hearing with the fair hearing; The household’s right to request renegotiation of any agreed to repayment schedule if the household’s economic circumstance change; and The requirements to: Indicate by signature the household’s agreement to make restitution; Select the method of repayment; and Return the repayment notice within 30 days of the date of the notice. The local department shall provide written notice: Of the effective disqualification date to the household or assistance unit before imposing the sanction; and To the remaining household members, if any: Of the benefit they will receive during the period of disqualification; or That they may reapply because the certification period has expired. An OAH finding of an intentional program violation may not be reversed by a subsequent OAH decision. When a household or assistance unit has been sanctioned, the local department shall send the assistance unit or household a demand letter for restitution which includes: The amount owed; The reason for the claim; The period of time covered by the claim; Any offsetting done to reduce the claim; The ways in which the claim can be paid; The right to a hearing if the household or assistance unit disagrees with the amount of the claim, unless the household or assistance unit has already had a hearing on the amount of the claim as a result of the consolidation of an administrative disqualification hearing with another hearing; The right to request renegotiation of any repayment schedule if the household's or assistance unit's economic circumstances change; and The requirement to: Sign the repayment notice to indicate agreement to make restitution; Select the method of payment; and Return the repayment notice within 30 days of the date of the notice. Human Services Article, §§5-207, 5-501, and 5-604, Annotated Code of Maryland;Agency Note: Federal Regulatory Reference—7 CFR §273.16 Effective date: Chapter, Work Incentive Program/Income Maintenance Units (WIN/IMU), adopted effective February 2, 1977 (4:3 Md. R. 143) Regulation .01 amended effective February 22, 1980 (7:4 Md. R. 346) Regulation .02A amended effective April 3, 1981 (8:7 Md. R. 641); June 7, 1982 (9:11 Md. R. 1126); August 2, 1982 (9:15 Md. R. 1513); December 20, 1982 (9:25 Md. R. 2479) Regulations .05B and .06B, C amended effective March 7, 1980 (7:5 Md. R. 472) Regulations .05 and .06C amended effective April 26, 1982 (9:8 Md. R. 820) Regulation .08 adopted effective March 28, 1983 (10:6 Md. R. 554) Chapter repealed effective May 1, 1984 (11:8 Md. R. 713) Regulations .01—.11 adopted effective April 22, 1985 (12:8 Md. R. 801) Regulation .04 amended effective May 1, 1989 (16:8 Md. R. 908) Regulation .05 amended effective May 1, 1989 (16:8 Md. R. 908) Regulation .05C amended as an emergency provision effective February 1, 1996 (23:4 Md. R. 267); amended permanently effective May 6, 1996 (23:9 Md. R. 669) Regulation .07D amended effective May 1, 1989 (16:8 Md. R. 908) Regulation .09C and J amended effective May 1, 1989 (16:8 Md. R. 908) Regulation .10F amended effective May 1, 1989 (16:8 Md. R. 908) Regulation .10G amended as an emergency provision effective February 1, 1996 (23:4 Md. R. 267); amended permanently effective May 6, 1996 (23:9 Md. R. 669) Regulation .11 amended as an emergency provision effective February 1, 1996 (23:4 Md. R. 267); amended permanently effective May 6, 1996 (23:9 Md. R. 669) Regulation .11 amended effective September 22, 1997 (24:19 Md. R. 1339) Regulation .11A amended effective January 2, 1995 (21:26 Md. R. 2184) Regulation .11C and G amended effective May 1, 1989 (16:8 Md. R. 908) Chapter revised effective April 5, 1999 (26:7 Md. R. 540) Regulation .01 amended effective May 12, 2014 (41:9 Md. R. 520) Regulation .02B amended effective August 6, 2001 (28:15 Md. R. 1396); May 12, 2014 (41:9 Md. R. 520) Regulation .03 amended effective May 12, 2014 (41:9 Md. R. 520) Regulation .04 amended effective May 12, 2014 (41:9 Md. R. 520) Regulation .05 amended effective October 8, 2007 (34:20 Md. R. 1735) Regulation .05A, B amended effective August 6, 2001 (28:15 Md. R. 1396) Regulation .05C amended effective May 12, 2014 (41:9 Md. R. 520) Regulation .06A amended effective October 8, 2007 (34:20 Md. R. 1735) Regulation .06B amended effective May 12, 2014 (41:9 Md. R. 520) Regulation .08 amended effective May 12, 2014 (41:9 Md. R. 520) Regulation .08A amended effective August 6, 2001 (28:15 Md. R. 1396) Regulation .08B amended effective October 8, 2007 (34:20 Md. R. 1735) Effective date: July 20, 1981 (8:14 Md. R. 1222) Regulation .01 amended effective July 25, 1988 (15:15 Md. R. 1808); November 11, 1991 (18:22 Md. R. 2394) Regulation .02A, B, E, and G amended effective July 25, 1988 (15:15 Md. R. 1808) Regulation .02B amended as an emergency provision effective July 1, 1989 (16:14 Md. R. 1562); emergency status extended at 17:3 Md. R. 293 (February 9, 1990), 17:16 Md. R. 1984 (August 10, 1990), and 18:1 Md. R. 26 (January 11, 1991) Regulation .02B amended effective September 10, 1984; (11:18 Md. R. 1583) March 18, 1991 (18:5 Md. R. 593) Regulation .02B amended as an emergency provision effective December 9, 1996 (23:26 Md. R. 1856); amended permanently effective March 24, 1997 (24:6 Md. R. 484) Regulation .03E amended effective October 10, 1983 (10:20 Md. R. 1784) Regulation .04 amended effective September 10, 1984 (11:18 Md. R. 1583) Regulation .04A—C amended effective November 2, 1987 (14:22 Md. R. 2338) Regulation .04D amended effective October 10, 1983 (10:20 Md. R. 1784) Regulation .04F adopted effective July 18, 1983 (10:14 Md. R. 1259) Regulation .05A amended effective September 10, 1984 (11:18 Md. R. 1583) Regulation .07C amended effective May 16, 1988 (15:10 Md. R. 1199) Regulation .08 amended effective May 16, 1988 (15:10 Md. R. 1199); November 11, 1991 (18:22 Md. R. 2394) Regulation .09 adopted effective November 11, 1991 (18:22 Md. R. 2394) Regulation .09A amended effective October 1, 1996 (23:19 Md. R. 1373) Regulation .09A amended as an emergency provision effective December 9, 1996 (23:26 Md. R. 1856); amended permanently effective March 24, 1997 (24:6 Md. R. 484) Regulation .10 adopted effective November 11, 1991 (18:22 Md. R. 2394) Regulation .11 adopted effective November 11, 1991 (18:22 Md. R. 2394) Chapter repealed effective April 5, 1999 (26:7 Md. R. 540) Effective date: July 1, 1974 Regulation .02D amended effective January 5, 1977 (4:1 Md. R. 15) Chapter revised effective January 26, 1979 (6:2 Md. R. 74) Chapter repealed effective February 27, 1995 (22:4 Md. R. 235) Effective date: July 20, 1981 (8:14 Md. R. 1224) Regulation .01 amended effective May 16, 1988 (15:10 Md. R. 1199) Regulations .02D and .03E amended effective October 10, 1983 (10:20 Md. R. 1785) Regulation .06C amended effective February 13, 1984 (11:3 Md. R. 198) Regulation .07C amended effective May 16, 1988 (15:10 Md. R. 1199) Regulation .08 amended effective May 16, 1988 (15:10 Md. R. 1199) Chapter repealed effective April 5, 1999 (26:7 Md. R. 540) In this chapter, the following terms have the meanings indicated. Terms Defined. “Agency error” means an error caused by the local department's action or failure to act. “Assistance unit” means a group of eligible individuals living together for whom cash assistance has been authorized. “Client error” means failure by the recipient to correctly, promptly, or adequately report information which would have: Reduced the amount of the continuing benefits payments; or Resulted in total ineligibility. “Department” means the Department of Human Services. “Fraud” means: Willfully making a false statement or representation, willfully failing to disclose a material change in household or financial condition, impersonating another person to obtain, or attempting to obtain, benefits to which the individual is not entitled; or An intentional program violation as described in COMAR 07.03.10. “Local department” means a department of social services in a county or Baltimore City and the Montgomery County Department of Health and Human Services. Overpayment. “Overpayment” means the amount by which a benefit payment received by or for an assistance unit exceeds the amount it was eligible to receive. “Overpayment” may result from: Agency error; Client error; or Fraud. “Recoupment” means a process used by a local department to recover an overpayment from the continuing benefit payment of a recipient by withholding an amount determined appropriate, as described in Regulation .05 of this chapter. “Recovery” means a process used by a local department to recover an overpayment from an individual whose case is closed. Underpayment. “Underpayment” means a payment received by or for an assistance unit which is less than the proper amount allowable to the assistance unit. “Underpayment” occurs when the local department has a properly completed application and all information needed for an eligibility decision but does not: Act upon a reported change; Act upon a policy change; Correctly interpret policy; Correctly compute a benefit; or Act promptly on information. To correct an underpayment, the local department shall: Correct continuing payments promptly, if appropriate; Authorize corrective payment as a one-time-only payment equal to the total amount of the underpayment from the time of discovery and correction, retroactive to the time the underpayment first occurred; and Require that a supervisory level employee review and approve each fiscal authorization to correct an underpayment before payment is made. Corrective payments are not counted as income or resource for determining eligibility in the month paid or in the following month. The corrective payment is charged to the program funding source according to instructions issued by the Department. An uncorrected underpayment may be applied to offset an overpayment debt. When a decision of the Office of Administrative Hearings as applied to individuals similarly situated would result in a benefit, the local department shall, upon request of the individual, make retroactive adjustments to the date that the incorrect action was taken. A recipient or former recipient may request an administrative hearing to challenge the amount of an underpayment. To correct an overpayment, the local department shall: Determine the correct benefit amount promptly and take action to correct the continuing payment as needed; and Calculate the total amount of the overpayment retroactive to the time of the error. The local department may waive establishment of an overpayment if the: Overpayment is $125 or less; and Case is closed. Administrative Hearings. The recipient may request an administrative hearing to challenge the proposed action to reduce, suspend, or terminate benefits. If a hearing decision upholds the proposed reduction, suspension, or termination, the overpayment includes any overpayments made pending the decision. A former recipient of benefits may request an administrative hearing to challenge the local department's decision: That an overpayment occurred; Of the amount or cause of the overpayment; or Of the proposed method to repay the overpayment. Collection of an Overpayment. Termination of benefits does not relieve the recipient of the obligation to reimburse the local department for any overpayment. The local department shall: Request repayment of the overpayment debt; and Refer the debt to the Central Collection Unit of the Department of Budget and Management, if appropriate. If benefits are subsequently reinstated, the local department shall begin recoupment of the amount of the overpayment in accordance with this chapter. A current or former recipient shall reimburse the local department for any overpayment and the local department shall accept and credit the payment. When the local department suspects fraud, the local department shall refer the case to the Office of the Inspector General (OIG) or directly to the local State’s Attorney Office (SAO). A supervisory-level employee shall approve the referral document and the director of the local department or designee shall sign it before a referral is made. After a referral has been made, the local department shall inform the OIG or the SAO of any newly discovered facts or changed circumstances in the case. The local department shall provide access to the relevant records in its possession for the investigators assigned to investigate suspected fraud. The local department may not give notice to an applicant or recipient of any referral to OIG or SAO for action on suspected fraud except that the local department representative may answer “yes” or “no” when the recipient asks whether referral has been made. The decision to refer a case of suspected fraud may not be the sole basis for requesting a fair hearing not withstanding the regulations in the Fair Hearings Chapter. Local Department Action. The local department shall: Take action to recoup an overpayment except as described in §C of this regulation; Determine the total amount to be recouped; and Set an amount to be recouped through a monthly deduction from the continuing benefit for as many months as are necessary until the overpayment is repaid. Recoupment Amount. The recoupment may not cause the family's remaining income from all sources and savings or other liquid assets to be less than 90 percent of the allowable payment for an assistance unit of the same size with no other income. Local Department Action with Respect to Specific Situation. The local department: Shall handle any improper food supplement issuance in accordance with COMAR 07.03.17.53—.55; Shall refer any case in which an overpayment was made to an ineligible individual to the Maryland Department of Health for possible recovery of any overpayment of medical assistance benefits; May not recoup from: Emergency Assistance to Families with Children; or Burial Assistance; Shall recoup from Public Assistance to Adults only after the recipient fails to comply with court-ordered collection or restitution which is the result of fraud; and May not reduce through recoupment the personal needs allowance of the Public Assistance to Adults recipient by more than 50 percent. Human Services Article §§4-207, 4-303, 5-207, and 5-607, Annotated Code of Maryland(Agency Note: Federal Regulatory Reference 45 CFR 233.20(a)(12)) Effective date: January 18, 1982 (9:1 Md. R. 19) Regulation .01B amended effective May 23, 1983 (10:10 Md. R. 872); March 23, 1987 (14:6 Md. R. 713) Regulations .02, .03C, and .05A, C amended effective May 23, 1983 (10:10 Md. R. 872) Regulation .03E adopted effective July 25, 1988 (15:15 Md. R. 1808) Regulation .05 amended effective March 23, 1987 (14:6 Md. R. 713); April 12, 1993 (20:7 Md. R. 640); October 1, 1996 (23:18 Md. R. 1315) Chapter revised effective October 29, 2001 (28:21 Md. R. 1854) Regulation .04 amended effective April 28, 2014 (41:8 Md. R. 469) Regulation .05C amended effective August 16, 2004 (31:16 Md. R. 1253); April 28, 2014 (41:8 Md. R. 469) Effective date: March 14, 1983 (10:5 Md. R. 464) Regulations .01 and .02B amended effective November 18, 1985 (12:23 Md. R. 2215) Regulation .02F amended effective January 30, 1984 (11:2 Md. R. 112); June 4, 1984 (11:11 Md. R. 961) Regulation .02G adopted as an emergency provision effective July 1, 1996 (23:15 Md. R. 1076); adopted permanently effective November 18, 1996 (23:23 Md. R. 1555) Regulations .03G and .07A amended effective November 18, 1985 (12:23 Md. R. 2215) Regulation .06 amended effective February 6, 1989 (16:2 Md. R. 158); March 29, 1993 (20:6 Md. R. 580) Regulation .07C amended as an emergency provision effective July 1, 1996 (23:15 Md. R. 1076); amended permanently effective November 18, 1996 (23:23 Md. R. 1555) Regulations .07C and .08 amended as an emergency provision effective July 1, 1995 (22:15 Md. R. 1110) (Emergency provisions are temporary and not printed in COMAR) Regulations .07C and .08 amended effective October 9, 1995 (22:20 Md. R. 1541) Regulation .08 amended as an emergency provision effective July 1, 1996 (23:15 Md. R. 1076); amended permanently effective November 18, 1996 (23:23 Md. R. 1555) Regulation .08B amended effective August 26, 1985 (12:17 Md. R. 1702); September 8, 1986 (13:18 Md. R. 2019); September 7, 1987 (14:18 Md. R. 1963); October 3, 1988 (15:20 Md. R. 2334); November 27, 1989 (16:23 Md. R. 2505); March 29, 1993 (20:6 Md. R. 580) Regulation .10 amended as an emergency provision effective July 1, 1996 (23:15 Md. R. 1076); amended permanently effective November 18, 1996 (23:23 Md. R. 1555) Regulation .11-1 adopted effective March 26, 1984 (11:6 Md. R. 548) Regulations .01—.12 repealed as an emergency provision effective July 1, 1997 (24:15 Md. R. 1059); repealed permanently effective October 20, 1997 (24:21 Md. R. 1446) Purpose. The Refugee Cash Assistance (RCA) Program is for new arrivals in the United States who are: Refugees; Asylees; or Victims of severe forms of trafficking in persons. Scope. This chapter does not apply to individuals residing in: Baltimore City; Baltimore County; Anne Arundel County; Carroll County; Howard County; Harford County; or Washington County. Individuals in the jurisdictions listed in §B(1) of this regulation are subject to the Maryland Public/Private Partnership Refugee Transitional Cash Assistance Program in compliance with 45 CFR Parts 400 and 401. In this chapter, the following terms have the meanings indicated. Terms Defined. “Applicant” means an individual: Who has submitted an application to the LDSS for cash assistance: Directly; Through an authorized representative; or If incompetent or incapacitated, through someone acting responsibly for the individual; and Whose application is pending. Asset. “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. “Assistance unit” means: An individual adult; Married individuals without children; or Parents or custodial relatives with minor children who are not eligible for temporary cash assistance, who live in the same household. “Asylee” means an individual who has been granted asylum status in the U.S. under §208 of the Immigration and Nationality Act (INA) (8 U.S.C. §1158). “Authorized representative” means an adult nonassistance unit member who has been designated in writing to act on behalf of the household. “Case” means the group of individuals living together whose needs and resources are considered when authorizing program benefits. “Department” means the Department of Human Services. Earned Income. “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. “Electronic benefit transfer system (EBTS)” means a benefit issuance system in which benefits are stored in a central computer database and are accessed with reusable plastic cards at automated teller machines or at a point of sale. “Employability plan” means an individualized written plan for serving an individual which defines an employment goal and the development services or steps required to meet the goal within the mutually agreed upon time frame. “Employment services contractor” means an agency that is under contract with the Department to provide the services necessary to enable individuals to meet the work requirements. “Equity value” means the fair market value less all encumbrances. “Fair market value” means the price for which an item can be sold in an open market in a given geographic area. “Family self-sufficiency plan” means a plan that addresses the employment related service needs of the employable member of the assistance unit for the purpose of enabling the assistance unit to become self-supporting through the employment of one or more members. “Immigration and Nationality Act (INA)” means 8 U.S.C. §1101 et seq. “Intentional program violation (IPV)” means an intentional false or misleading statement or misrepresentation, concealment, or withholding of facts for the purpose of: Establishing or maintaining the assistance unit's eligibility for RCA; or Increasing or preventing a reduction of the amount of RCA. “Interim change” means a change in a customer's situation, after an application, that may affect the amount of benefits paid or continuing eligibility. “Local department (LDSS)” means a department of social services in a county or Baltimore City or the Montgomery County Department of Health and Human Services. “Local resettlement agency” means a local affiliate or subcontractor of a national voluntary agency that has entered into a grant, contract, or cooperative agreement with the United States Department of State or other appropriate federal agency to provide for the reception and initial placement of refugees in the United States. “Recipient” means an individual in an active RCA assistance unit. “Refugee” means an individual paroled as a refugee or asylee under section 212(d)(5) of the INA or admitted as a refugee under section 207 of the INA. “Refugee cash assistance (RCA)” means cash assistance provided under section 412(e) of the INA to refugees who are ineligible for TCA or SSI. “Resource” means the amount left from an asset or from income, after all exclusions and disregards are applied. “Secretary” means the Secretary of Human Services. “Sponsor” means an individual, church, civic organization, State or local government, or other group or organization, which has agreed to help in the reception and initial placement of a refugee. “Supplemental Security Income (SSI)” means the cash assistance program for aged and disabled individuals funded under Title XVI of the Social Security Act (42 U.S.C. §1381 et seq.). “Temporary cash assistance (TCA)” means the cash assistance program for families with children, which is funded under Title IV-A of the Social Security Act. “Unearned income” means money, goods, and services received from sources other than earned income such as pensions, benefits, returns from investments, payments of support, or contributions. Verification. “Verification” means proof that the statements made by an individual applying for RCA are true. “Verification” includes proof contained in documents or records of public or private agencies, firms, or individuals. “Victim of a severe form of trafficking in persons” means an individual certified in accordance with Public Law 106-386 Trafficking Victims Protection Act of 2000. To qualify for RCA, an individual: Shall: Meet immigration status and documentation requirements as described in §B of this regulation; Be a Maryland resident as described in §C of this regulation; Have resided in the United States less than 8 months following the: Initial month of entry into the country as a refugee; or Granting of status as an asylee or victim of severe trafficking in persons; Be ineligible for TCA, SSI, or other federal programs for the aged, blind or disabled, children, or families; and In the case of a refugee, provide the name of the local resettlement agency that resettled the individual; and May not be a full-time student in an institution of higher education, except if enrollment is approved by the LDSS as part of an individual employability plan for the refugee or a plan for an unaccompanied minor. Refugee and Asylee Status Requirements. An applicant for RCA shall provide verification of immigration status, in the form of documentation from the Immigration and Naturalization Service (INS), that the individual has been: Paroled as a refugee or asylee under §212(d)(5) of the INA; Admitted as a refugee under §207 of the INA; Granted asylum status in the U.S. under §208 of the INA; Granted status as a Cuban and Haitian entrant as defined in §501(e) of the Refugee Education Assistance Act of 1980; Admitted to the Unites States as an Amerasian under 8 U.S.C. §1612(a)(2)(A); or Certified by the United States Department of Health and Human Services Office of Refugee Resettlement as a victim of a severe form of trafficking in persons in accordance with Public Law 106-386 Trafficking Victims Protection Act of 2000. An individual admitted for permanent residence also meets the status requirements of §B(1) of this regulation if the individual previously held one of the statuses described in §B(1) of this regulation. Residence. The applicant and all recipients of RCA shall be residents of the State. A resident of the State is one who is: Living in the State voluntarily and not for a temporary purpose and has no immediate intention of moving from the State; and Not receiving assistance from another state. The LDSS may not impose requirements as to duration of residence in the State as a condition of receipt of RCA. The LDSS shall: Determine RCA eligibility for individuals determined ineligible for TCA; and Refer individuals who are 65 years old or older or who are blind or disabled promptly to the Social Security Administration to apply for SSI. Right to File. An individual is entitled to file an application, and may be assisted by an individual of choice in the various aspects of the application process and the determination of eligibility. A LDSS shall have available and distribute publications explaining Program features and requirements, rights and responsibilities, and appeals procedures in understandable and simple language. Application. The LDSS shall: Require an individual applying for RCA to file an application specified by the LDSS and approved by the Department; Advise the individual of the eligibility factors to be verified, and the types of proofs the LDSS will accept 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 RCA with clear and timely notice of their rights. The application shall be signed under penalty of perjury by: The applicant; An authorized representative of the applicant; or Someone acting responsibly for the applicant if the applicant is incompetent or incapacitated. Verification. The LDSS shall verify the following factors of RCA eligibility: Countable income; Countable assets; Social Security number for each household member or proof of application for a new or replacement card; and Immigration status. The LDSS may require verification of any information provided by the individual that is questionable as described in §E of this regulation, incomplete, or outdated. The primary source for obtaining verification is the applicant or recipient. The LDSS shall provide a list of required verifications and assist the applicant, recipient, or the representative in obtaining the necessary verifications. Information is questionable if information provided by the household is inconsistent with: Statements made by the applicant; Information on the application; or Information otherwise received by the LDSS. Case Record. The LDSS shall establish and maintain a paper and an electronic RCA case record that contains: Narration; Verifications; and Other documentation related to the RCA assistance unit. The LDSS shall make a decision as to payment of cash assistance as promptly as possible but not later than 30 calendar days from the date of the signed application for RCA. If the LDSS determines that a refugee has an urgent need for RCA, the LDSS shall: Process the application as quickly as possible; and Issue the initial payment to the refugee on an emergency basis. If the assistance unit is eligible in the month of application, the RCA grant begins the date the signed application is received in the LDSS. If the assistance unit is not eligible in the month of application, the RCA grant begins the first day of the following month. The LDSS shall specify a period of eligibility for RCA that is not more than an 8-month period beginning the month: The refugee enters the U.S.; or Asylum or victim of severe trafficking in persons status was effective. An applicant is not eligible if: The assistance unit does not meet technical factors of eligibility; The applicant withdraws the application; or There is insufficient information to determine eligibility. The LDSS shall dispose of an application by a finding of eligibility or ineligibility unless: The applicant voluntarily withdraws the application, and there is an entry in the case record that a notice has been sent to confirm the applicant's notification to the agency; or There is an entry in the case record that the application has been disposed of because the applicant died or could not be located. The LDSS shall: Provide written notice to the applicant to indicate either the: Authorized amount of financial assistance; or Denial or termination of assistance; and Include on the notice: The action taken; The regulation supporting the action; and An explanation of the individual's right to request an administrative hearing about the decision. All individuals included in the RCA unit shall meet the requirements as described in Regulation .03 of this chapter. The LDSS: Shall include childless refugee married couples in the same assistance unit, unless one member receives SSI; and May not include in the same assistance unit adult refugees related to one another such as brothers and sisters. The assistance unit may not include: An individual who fails to meet technical factors of eligibility as described in Regulation .03 of this chapter; An individual who is fleeing to avoid prosecution or custody or confinement after conviction for a crime or an attempt to commit a crime, which is: A felony under the laws of the place within the United States from which the individual is fleeing; or In the case of New Jersey, a high misdemeanor under the laws of that state; An individual violating a condition of probation or parole imposed under federal or state law; An individual convicted of IPV as described in Regulation .17B of this chapter; An institutionalized individual; or An SSI recipient. An employable individual shall: Register for and, within 30 days of receipt of RCA, participate in refugee employment services; Go to a job interview that is arranged by the LDSS, the refugee employment services contractor, or the local resettlement agency; Accept at any time, from any source, an offer of employment, as determined to be appropriate by the LDSS, the refugee employment services contractor, or the local resettlement agency; Participate in any employability service program that provides job or language training in the area in which the individual resides, which is determined to be available and appropriate for that individual; and Participate in any targeted assistance program in the area in which the individual resides, which is determined to be available and appropriate for that individual. The LDSS or the employment services contractor shall permit, but may not require, the voluntary registration for employment services of an individual who is exempt as listed in §E of this regulation. The applicant or recipient shall register for services regardless of: The date of entry into the United States; and Whether the individual has a social security number. The LDSS shall refer the employable individual to the Employment Security Administration (ESA) to register for employment in those jurisdictions where refugee employment services are not available. Exemptions from Employability Services. An individual is exempt from employability services if the individual is: Verified to be physically or mentally unfit to participate in employability services; An adult needed in the home to care for a severely disabled individual living in the home, regardless of whether the disabled individual is in the assistance unit; An adult working 30 hours or more per week and earning at least minimum wage in unsubsidized employment expected to last a minimum of 30 days; A child younger than 16 years old, or younger than 22 years old and regularly attending full time classes in a grade school or secondary school; 65 years old or older; or A parent or caretaker relative who personally provides full-time care for a child younger than 3 years old. The exempt individual may volunteer to be in a work program. Development of an Employability Plan. The LDSS or employment services contractor shall develop an individual employability plan as part of a family self-sufficiency plan for each recipient of RCA who is not exempt as described in §E of this regulation. If the local resettlement agency which sponsored the refugee has developed a plan, the LDSS may accept this plan if it determines that the plan is appropriate for the refugee and meets the requirements in §F(3) of this regulation. The employability plan: Shall be designed to lead to the earliest possible employment; May not be structured in such a way as to discourage or delay employment or job seeking; and Shall contain a definite employment goal, attainable in the shortest time period consistent with the employability of the individual in relation to job openings in the area. Criteria for Appropriate Employability Services and Employment. The LDSS or employment services contractor shall determine if employability services and employment are appropriate. The services or employment shall meet the following criteria: All assignments shall be within the scope of the individual's employability plan, which shall be modified if necessary to reflect changed services or employment conditions; The services or employment shall be related to the capability of the individual to perform the task on a regular basis; The total daily commuting time to and from home to the service or employment site may not normally exceed 2 hours; The service or work site to which the individual is assigned may not be in violation of applicable federal, State, or local health and safety standards; Assignments may not be made which are discriminatory in terms of age, sex, race, religion, color, or national origin; Appropriate work may be temporary, permanent, full-time, part-time, or seasonal work if the work meets the other standards of this section; The wage shall meet or exceed the federal minimum wage; and The daily hours of work and the weekly hours of work may not exceed those customary to the occupation. An individual may not be required to accept employment if: The position offered is vacant due to a strike, lockout, or other bona fide labor dispute; or The individual would be required to work for an employer contrary to the conditions of the individual's existing membership in the union governing that occupation. If an employed individual is a professional in need of professional refresher training and other recertification services in order to qualify to practice the individual's profession in the United States, the training may consist of full-time attendance in a college or professional training program, if the training: Is approved as part of the individual's employability plan by the LDSS or employment contractor; Does not exceed 1 year's duration; Is specifically intended to assist the professional in becoming relicensed in the individual's profession; and If completed, can realistically be expected to result in relicensing. A refugee shall accept an appropriate job offer, without regard to whether the job would interrupt a program of services planned or in progress unless the refugee is currently participating in a program in progress of on-the-job training, or vocational training which meets the requirements of this section and which is part of an approved employability plan. Termination of Assistance. If, without good cause, an employable nonexempt RCA recipient has failed or refused to meet the work requirements or has voluntarily quit a job, the individual is ineligible as described in §B of this regulation. Notice of Intended Termination. The LDSS shall give timely and adequate notice if it reduces, suspends, or terminates assistance. The LDSS shall provide written procedures in English and in appropriate languages for the determination of good cause, the sanctioning of refugees who do not comply with the requirements of the program, and for the filing of appeals by refugees. The written notice shall include: An explanation of the reason for the action; The proposed adverse consequences; and Notice of the recipient's right to mediation and a hearing. A written notice in English and a written translated notice, or a verbal translation of the notice shall be sent or provided to a refugee at least 10 calendar days before the date the action becomes effective. Sanctions. If the sanctioned individual is the only member of the assistance unit, the LDSS shall terminate the RCA grant. If the assistance unit includes other members, the LDSS may not take into account the sanctioned individual's needs in determining the assistance unit's need for RCA. The sanction applied in §B(1) or (2) of this regulation shall remain in effect for: 3 payment months for the first failure; or 6 payment months for any subsequent failure. Good cause for refusing or failing to cooperate with work requirements includes but is not limited to one or more of the following: Illness or incapacity that is properly documented; Verified, court-required appearance or temporary incarceration; A family crisis that threatens normal family functioning; A breakdown in childcare arrangements or lack of childcare resources; A single parent caring for a child younger than 6 years old who is unable to obtain child care for one or more of the following reasons: 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; and A breakdown in transportation arrangements if there is no accessible means of transportation. Good cause for quitting a job includes, but is not limited to: Taking a new job with another employer; Discrimination based on race, sex, disability, or religious, or sexual orientation; Breakdown in transportation arrangements if there is no other accessible means of transportation; Breakdown in childcare arrangements or lack of childcare resources; Domestic violence or other family crisis that threatens normal family functioning; Hazardous working conditions; Documented illness or incapacitation; Incarceration; Resignation at the employer's request; Lack of supportive services identified in the initial assessment and agreed upon by the recipient and the LDSS; or Other circumstances determined to be good cause by the LDSS. Financial Eligibility Requirements. The LDSS shall evaluate and count resources available to the applicant or recipient to use for current living expenses. The assistance unit is not eligible for RCA if the total: Net income of the case calculated as described in Regulation .11 of this chapter is more than the allowable payment amount for the assistance unit size as described in Regulation .15 of this chapter; or Assets of the case, calculated as described in Regulation .10 of this chapter, are more than the allowable amount. If the expenses of a case exceed the known income or assets, the LDSS shall require the applicant or recipient to provide additional explanations or verifications. Transfer of Assets. An assistance unit with an individual who transfers assets to become eligible for RCA is not eligible for the period of time specified in this section. The period of ineligibility shall be applied if the assets are transferred: In the 3-month period before application; or After the assistance unit is determined eligible for benefits. If the LDSS establishes that an individual transferred resources to become eligible for benefits, the period of ineligibility is calculated in the following manner: Determine the equity value of the asset; Subtract the amount of assets which can be retained, without exceeding the asset limit as described in Regulation .10 of this chapter, from the equity value; Divide the difference in §B(3)(b) of this regulation by the benefit amount for the assistance unit size as described in Regulation .15 of this chapter; and Drop any portion of a month that results from the division. The assistance unit is ineligible for the period of months equal to the result of the calculation under §B(3) of this regulation. The asset limit for a RCA case is $2,000. Excluded Assets. Assets excluded from the $2,000 limit are: The home which is the usual residence of the assistance unit; Basic items essential to day-to-day living such as: Personal items such as clothing, toilet articles, and cosmetics; Household accessories and furnishings in everyday use; Appliances, including devices for preparation and storage of food, upkeep of clothing, or home maintenance; Health aids such as wheelchairs, hearing aids, or walking aids; Educational material; and Children's toys; Vehicles owned by assistance unit members; One burial plot per assistance unit member; Contracted funeral agreements; Tools and equipment necessary for employment; Income-producing property, farm machinery, livestock, tools, and business equipment; Life insurance policies; Trust accounts established by court order under Estates and Trusts Article, §§13-401—13-407, Annotated Code of Maryland; Individual Development Accounts (IDA); Up to $2,000 held in a separate bank account for each child's earnings; Real property, other than the home, if it is listed for sale with a realtor; and Assets remaining in the applicant's country of origin. Countable Assets. Assets, except for those excluded in §B of this regulation, in which the applicant or recipient has legal interest and which are actually available are countable. The countable amount of an asset is the equity value. Countable assets include the assets of individuals not included in the assistance unit as described in Regulation .06C of this chapter. The LDSS may not consider a sponsor's resources to be accessible to a refugee solely because the individual is serving as a sponsor. Sources of Countable Income. RCA income calculations apply to both members of an assistance unit and nonmembers as described in §F of this regulation whose income is countable to the assistance unit. Each member of the assistance unit is considered to be a recipient of RCA even if no cash assistance is paid. Countable Earned Income. Earnings from employment before consideration of any expenses required to earn the income include, but are not limited to: Wages; Salaries; Commissions; Tips; and Earnings from self-employment. Earned income is computed as a monthly amount as follows: Multiply the weekly gross earned income by 4; Multiply the gross earned income received once every 2 weeks by 2; or Divide the gross earned income received monthly by 4.3, and multiply by 4. Countable Unearned Income. Unearned income includes, but is not limited to, the following: Lump sum income as described in Regulation .12 of this chapter; The prorated portion of the income of a technically ineligible individual as described in §F(3) of this regulation; Child support; Monetary gifts and contributions; Social Security retirement, survivors, and disability benefits; Workers' compensation; Unemployment insurance benefits received by the assistance unit; and The first $60 of government housing subsidies paid on behalf of recipients residing in: Public housing; Section 8 housing; or Housing receiving rental assistance from the Farmers Home Administration (FMHA), §515 of the Housing Act of 1949 (42 U.S.C. §1485). Unearned income is calculated as a monthly amount as follows: 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 by the period of time it is intended to cover; and Count monthly income as received. Excluded Income. All income of a member of an assistance unit is countable except the following: Earned income of a child; The amount of earned income tax credit (EITC); Earned or unearned in-kind income; Earned income of an SSI recipient; SSI benefit amount; The value of the allotment provided under the Food Stamp Program; A grant or loan to an undergraduate student for education purposes; Educational work study earnings for an undergraduate student; Government housing subsidies in excess of $60 per month on behalf of recipients residing in: Public housing; Section 8 housing; or Housing receiving rental assistance from the Farmers Home Administration (FMHA), §515 of the Rental Assistance Act; Third-party vendor payments; Loans under the following conditions: 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 LDSS may obtain a signed statement regarding the repayment obligation from the individual making the loan; Training allowances and expenses by active participants in approved RCA activities; Foster care payments received by an individual on behalf of a foster child; Payments received under a crime victims compensation program; and Any cash grant received by the individual under the United States Department of State or Department of Justice Reception and Placement programs. The LDSS may not consider a sponsor's income to be accessible to a refugee solely because the individual is serving as a sponsor. Determination of Income from an Illegal or Undocumented Immigrant or a Technically Ineligible Household Member. A prorated portion of the income of an ineligible individual is counted as a resource to the assistance unit as follows: Apply the income disregards as described in Regulation .13 of this chapter 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 as determined in §F(2) of this regulation by the number of assistance unit members to obtain the amount of income countable from the ineligible member. Lump sum income is a nonrecurring money payment received by the assistance unit. Lump sum income is calculated as follows: Lump sum income is added to the sum of all other income for the month after work expenses and other disregards, as allowable, have been applied; Income resulting from the computation in §B(1) of this regulation is divided by an amount equal to the allowable payment amount for the assistance unit size as described in Regulation .15 of this chapter; The assistance unit is ineligible for the period of months equal to the quotient; Any amount remaining which is less than a full monthly benefit for the assistance unit size is counted as income in the first month after the period of ineligibility; and If the lump sum is less than a monthly payment amount for the assistance unit, the lump sum is counted as income in the month following the expiration of timely notice. Lump Sum Income—Shortened Period of Ineligibility. The LDSS shall shorten the period of ineligibility for RCA due to receipt of a lump sum if the: Lump sum income becomes unavailable to the assistance unit due to circumstances beyond the assistance unit's control, with the following circumstances being considered beyond the control of the unit: 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; Assistance unit incurs and pays medical expenses; Assistance unit uses the lump sum to repair a vehicle, purchase a vehicle, or pay car insurance; or Lump sum income becomes unavailable to the assistance unit due to circumstances beyond the assistance unit's control as defined by the LDSS. The LDSS shall: Determine the RCA benefit payment amount by deducting the net countable income, rounded down to the nearest dollar, from the allowable amount for the assistance unit size specified in Regulation .15 of this chapter; and Issue a benefit to the assistance unit if the assistance unit is determined to be eligible for $10 or more. Net countable income for an assistance unit is determined by applying the allowable disregards in the following sequence: 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: $200 monthly for employment of 100 hours or more per month; or $100 monthly for employment less than 100 hours per month; and Verified payments of child support to an individual outside the assistance unit. Child care and adult care payments as described in §B(3) of this regulation are allowed only if it is necessary for an assistance unit member to: Accept or continue employment; Seek employment; Attend an assessment or training that leads to employment; or Pursue education that leads to employment. Electronic Benefit Transfer. The Department operates an EBTS under an agreement with the U.S. Department of Health and Human Services and pursuant to U.S. Department of Agriculture regulations. RCA Grant. The RCA grant is paid through EBTS. The period of time covered by the RCA grant is the calendar month. The grant is not paid for a past period of time except as provided in COMAR 07.03.14. Outdated EBT Benefits. The customer shall access some benefits in the EBTS account within 35 days from the benefit issuance date or the benefits will be moved off-line for nonuse of benefits. If the benefits are moved off-line, the customer may request the LDSS to reissue the benefits. Monthly Allowable Amounts To Be Paid Effective October 1, 2006. Number of Individuals in the Assistance Unit Allowable Amount 1 $ 247 2 433 3 549 4 664 5 769 6 846 7 951 8 1,047 9 1,130 10 1,222 11 1,333 12 1,395 13 1,481 14 1,567 15 1,657 16 1,765 For each individual over 16, add $116. Interim Change. The LDSS shall advise applicants and recipients of the change reporting requirements. An applicant or recipient who fails to report receipt of or a change in countable income, as required by this section, loses the earnings disregards as described in Regulation .13B(1) and (2) of this chapter. A recipient shall report any change in circumstances that may affect the amount of payment to the LDSS within 10 days of the change. Unless RCA is continued pending disposition of an appeal, the effective date of the grant change is: The first day of the month immediately following the month in which the change occurred; or If the grant change does not occur in time for it to be effective under §A(4)(a) of this regulation, not later than the first day of the second subsequent month following the month in which the change occurred. If RCA is terminated for any reason, the LDSS shall: Reevaluate continued eligibility for Medical Assistance for the assistance unit; and Review the case for eligibility for other cash programs. Recipients may request that their case be closed at any time. Adequate Notice. The LDSS shall provide a RCA recipient with written notice of any change. Except as provided in §B(3) of this regulation, the written notice shall include: A statement of what action the LDSS 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. If changes in either State or federal law require automatic benefit adjustments for categories of recipients, timely notice of a grant adjustment shall be given. The notice shall include: A statement of what action the LDSS 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; A statement of the circumstances under which assistance is continued if an administrative hearing is requested; and A statement of 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. Timely Notice of Termination or Reduction. Except as described in §D(2) of this regulation, the LDSS shall mail or hand deliver written notice at least 10 calendar days before the date of a reduction, termination, or suspension action. Timely notice under §C(1) of this regulation is not required if: The recipient has died; After exploring all available information the recipient's whereabouts are unknown; or The recipient requests, in writing, that the case be closed. Sanctions for Noncompliance. The LDSS: Shall terminate the case if the sanctioned individual is the only member of the assistance unit; and May not include the sanctioned individual's needs in determining the assistance unit's need for assistance if the assistance unit includes other members. A sanction may not be imposed less than 30 days from the first written notice of noncompliance with a Program requirement. Conciliation Process. The LDSS shall allow one 30-day conciliation period for each individual's failure to comply with requirements for each act of noncompliance with a Program requirement. During the 30-day period, the case manager shall help the individual comply by: Sending the individual a letter to schedule a conciliation conference; and Following up on the letter through telephone contact or personal contact as appropriate and feasible. After the 30-day period, a later instance of noncompliance with the same Program requirement does not entitle the individual to another 30-day conciliation period. For noncompliance with any Program requirement other than a work activity, RCA shall be resumed upon compliance with the Program requirement. For noncompliance with a work activity, RCA shall be resumed as described in Regulation .08B of this chapter. Sanctions for IPV. An assistance unit is ineligible for RCA benefits for the following periods of time upon a finding of fraud or an IPV by a court of law, through an administrative disqualification hearing, or through the waiver of an administrative disqualification hearing: For a period of 6 months after the first finding or until full repayment of any overpayment of RCA benefits; For a period of 12 months after the second finding or until full repayment of any overpayment of RCA benefits; and Permanently after the third finding. Payment irregularities, which include overpayments, underpayments, fraud, and recoupment of funds, are handled according to COMAR 07.03.14. Agency Conference. A RCA applicant or recipient may request an agency conference to: Promptly resolve the date of entry into the United States by the applicant or recipient; Obtain an explanation of the reasons for proposed actions; and Present information to show that the proposed action is incorrect. Appeal of Local Department Decision. The LDSS shall give to each applicant or recipient of RCA written notification of the right to and procedures for requesting and obtaining an administrative hearing as set forth in COMAR 07.01.04. The LDSS may not terminate an individual's benefits prior to completion of the final administrative decision, but the individual is subject to recovery of any overpayment if the LDSS action is sustained. A hearing need not be granted if: Federal law requires automatic grant adjustments for classes of recipients unless the reason for an individual appeal is incorrect benefit calculation; or Assistance is terminated because the time period imposed by law has been reached unless the issue is the date of entry into the United States. Discrimination. The LDSS may not discriminate against any individual on the grounds of race, color, national origin, gender, age, marital status, mental or physical disability, or religious or political affiliation. An individual may file a written complaint which sets forth the events and circumstances of alleged discrimination with the: 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 Department shall investigate promptly and notify the complainant of its findings within 60 days of the filing of a written complaint with the Department. Article 88A, §§1A(a), 3(a), and 15, Annotated Code of Maryland;Federal Regulatory Reference—45 CFR Parts 400 and 401 Effective date: January 19, 2004 (31:1 Md. R. 30) Regulation .01B amended effective June 18, 2007 (34:11 Md. R. 971) Regulation .15 repealed and new Regulation .15 adopted effective June 20, 2005 (32:12 Md. R. 1046) Regulation .15 amended effective June 18, 2007 (34:11 Md. R. 971) The Food Supplement Program, formerly known as the Food Stamp Program, provides nutrition assistance to help eligible low-income households buy the food they need for good health. In this chapter, the following terms have the meanings indicated. Terms Defined. “Adjustment” means a debit or credit transaction applied to the recipient's electronic benefit transfer account to correct a system error or an out-of-balance condition identified in the settlement process. “Administrative error (AE)” means an error caused by the local department's action or failure to act. “Allotment” means the total value of benefits a household is authorized to receive during each month or other time period. “Applicant” means an individual for whom assistance has been requested, or the individual's authorized representative. “Authorized representative” means an adult nonhousehold member who has been designated in writing by the head of household, the spouse of the head of household, or other responsible member of the household to act on behalf of the household. “Disabled” means an individual who: Receives Supplemental Security Income benefits or other federal or State-administered payments when eligibility to receive the benefits is based upon the disability or blindness criteria of the Social Security Act; Is a veteran: With a service-connected or non-service-connected disability pension rated or paid as total, or Whom the Veterans Administration considers to be in need of regular aid and attendance, or to be permanently housebound; Is a surviving spouse of a veteran and considered by the Veterans Administration to be in need of aid and attendance, or to be permanently housebound; Is a surviving child of a veteran and considered by the Veterans Administration to be permanently incapable of self-support; Is a surviving spouse or child of a veteran and entitled to compensation for the veteran's service-connected death or pension benefits for a non-service-connected death when the spouse or child has a disability considered permanent; Is receiving a disability retirement benefit from a government agency because of a disability considered permanent under the Social Security Act; Is receiving a railroad retirement disability annuity which meets Social Security disability criteria and is determined by the Railroad Retirement Board to qualify for Medicare; Is receiving interim assistance benefits pending receipt of Supplemental Security Income; or Is receiving disability-related federal medical assistance. “Elderly” means an individual who is 60 years old or older. “Electronic benefit transfer (EBT)” means an online computer-based system in which benefits are stored at a central computer database and benefit authorization is received through a point-of-sale terminal. “Eligible food” means: Any food or food product intended for human consumption except alcoholic beverages, tobacco, and hot foods and hot food products prepared for immediate consumption; Seeds and plants to grow foods for the personal consumption of eligible households; Meals prepared and delivered by an authorized meal delivery service to households eligible to purchase delivered meals; Meals served by an authorized communal dining facility for the elderly, or Supplemental Security Income households, to households eligible to use Program benefits for communal dining; Meals prepared and served by: A group living arrangement facility to eligible residents who are blind or disabled as defined in §B(6) of this regulation, or A shelter for battered women and children to its eligible residents; Meals prepared for and served by an authorized public or private nonprofit establishment approved by the State or local agency that feeds individuals who are homeless; and Meals prepared by a restaurant that contracts with the State to serve meals at low or reduced prices to homeless individuals. “Head of household” means a household member designated by the household or by the local department to act on behalf of the household. “Homeless individual” means an individual: Without a fixed and regular nighttime residence; or Whose primary nighttime residence is a: Supervised shelter designed to provide temporary accommodations, Halfway house or similar institution, Temporary accommodation, not to exceed 90 days, in the residence of another individual, or Place not designed for or ordinarily used as a regular sleeping accommodation for human beings, such as a hallway, bus station, lobby, or similar place. “Homeless meal provider” means a public or private nonprofit soup kitchen, temporary shelter, or similar establishment that feeds homeless individuals. “Inadvertent household error (IHE)” means an error caused by a misunderstanding or unintended mistake on the part of the household, as determined by the local department. “Initial month” means: The first month for which an allotment is issued following any period during which the household was not certified for participation, provided the household does not have an application pending; or In the case of a migrant or seasonal farm worker household, the first month for which an allotment is issued to a household that applies to participate following a period of more than 30 days in which the household was not certified for participation. “Intentional program violation (IPV)” means an intentional: False or misleading statement, or misrepresentation, concealment, or withholding of facts; or Act that constitutes a violation of: The Food and Nutrition Act of 2008; The Program regulations; or Any State statute or regulation relating to the use, presentation, transfer, acquisition, receipt, or possession of food stamp benefits or electronic benefits transfer (EBT) cards. “Local department” means a department of social services in a county or Baltimore City and the Montgomery County Department of Health and Human Services. “Local department area” means the jurisdiction served by the local department. “Maryland Senior Nutrition Assistance Program (MSNAP)” means the combined application demonstration project approved by the United States Department of Agriculture Food and Nutrition Service. “Meal services” means a nonprofit meal delivery service, such as Meals on Wheels, or a communal dining arrangement. “Program” means: Maryland's Food Supplement Program (FSP); or The Federal Supplemental Nutrition Assistance Program (SNAP), formerly the Food Stamp Program. “Public assistance (PA)” means any of the following programs: Temporary Cash Assistance (TCA) as described in COMAR 07.03.03; Temporary Disability Assistance Program (TDAP) as described in COMAR 07.03.05; or Public Assistance to Adults (PAA) as described in COMAR 07.03.07. “Qualified alien” means an individual who is not a citizen of the United States who: Is lawfully admitted for permanent residence under the Immigration and Nationality Act (INA); 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. “Service Access and Information Link (SAIL)” means the Maryland web-based online application for Program benefits. “Shelter for battered women and children” means a facility operated in Maryland as a safe accommodation for battered women and children. “Sponsor” means an individual who executed an affidavit of support or similar agreement on behalf of an immigrant as a condition of the immigrant's entry or admission into the United States as a permanent resident. “Spouse” refers to either of two individuals who: Would be defined as married to each other under applicable State law; or Are living together and are holding themselves out to the community as husband and wife by representing themselves as husband and wife to relatives, friends, neighbors, or trades people. “Supplemental Security Income (SSI)” means a monthly cash payment by the Social Security Administration to an aged, blind, or disabled individual. System Error. “System error” means an error resulting from a malfunction at any point in the redemption process including: From the system host computer, To the switch, To the third-party processors, To a store's host computer, or Point of service (POS) terminal. “System error” may not include human errors, such as those that may result in incorrect postings or incorrect entries at the POS. “Thrifty Food Plan” means the cost of the diet, as determined by the Department of Agriculture and adjusted for family size, required to feed a family of four individuals consisting of a: Man and a woman, 20 through 50 years old; Child, 6 through 8 years old; and Child, 9 through 11 years old. “Trafficking” means the: Buying or selling of Program benefits for cash or consideration other than eligible food; or Exchange of firearms, ammunition, explosives, or controlled substances, as defined in 21 U.S.C. §802, for Program benefits. “United States non-citizen national” means an individual: Born in an outlying possession of the United States on or after the date the United States acquired possession; or Whose parents are United States non-citizen nationals. Household Definition. A household may be composed of any of the following individuals or groups of individuals: An individual living alone; An individual living with others, but customarily purchasing food and preparing meals for home consumption separate and apart from others; A group of individuals who live together and customarily purchase food and prepare meals together for home consumption; An individual who is 60 years old or older, and the spouse of that individual, who: Is living with others; Is unable to purchase and prepare meals because the individual suffers from a: Disability considered permanent under the Social Security Act, or Non-disease-related, severe, permanent disability; and Resides with others whose income included under Regulation .30 of this chapter, excluding the income of the disabled individual's spouse, does not exceed 165 percent of the poverty line according to household size as shown in Schedule C of Regulation .45 of this chapter. Individuals or groups of individuals may not participate as a household in the Program if they are: Residents of an institution, except as otherwise specified in Regulation .06 of this chapter; Residents of a commercial boarding house; Living with others and paying them compensation for meals and lodging except as specified in Regulation .05 of this chapter; Ineligible household members as described in Regulation .04 of this chapter; or Strikers as described in Regulation .07 of this chapter. Special Definition. Nonhousehold member status as described in §D of this regulation, or separate household status, may not be granted to: Parents living with their natural or adopted children, or stepchildren, or children living with these parents, if the children are 21 years old or younger; A minor child, except for a foster child, who is younger than 18 years old, under the parental control of an adult member of the household; or A spouse of a member of the household as defined in Regulation .02B of this chapter. Nonhousehold Members. Nonhousehold members who are otherwise eligible may participate in the Program as separate households. The local department may not consider the following individuals residing with a household as household members in determining the household's eligibility or allotment: A roomer who is an individual to whom a household furnishes lodging, but not meals, for financial compensation; A live-in attendant who is an individual who resides with a household to provide medical, housekeeping, child care, or other similar personal services; or Other individuals who share living quarters with the household but who do not customarily purchase food and prepare meals with the household. The local department: May not include ineligible household members in the household: When determining the household's size for assigning a benefit level to the household, or For comparing the household's monthly income with the income eligibility standards; and Shall treat the income and resources of an ineligible member in the manner described in Regulation .40 of this chapter. The following household members are ineligible: An immigrant who is: Illegally present in the United States, On a student, tourist, or visitor visa, A diplomat, or Lawfully admitted for permanent residence but who does not satisfy the requirements of Regulation .09 of this chapter; An individual who: Fails to provide a Social Security number, Is disqualified for intentional program violation as described in Regulation .56 of this chapter, Fails to comply with a work requirement as described in Regulation .21 of this chapter, or Flees to avoid prosecution, custody, or confinement after conviction for a crime, or attempt to commit a crime, that is a felony, for the period the individual is fleeing; A student who does not meet the eligibility criteria set forth in Regulation .10 of this chapter; An able-bodied adult without dependents who does not meet the work requirement as described in Regulation .23 of this chapter; or Except as described in §C of this regulation, an individual who is convicted for an offense after August 22, 1996, which: Is classified as a felony, and Has an element of possession, use, or distribution of a controlled substance. An Individual with a Drug-Related Felony Offense. An applicant for Program participation who is an individual convicted of a felony offense as described in §B(5) of this regulation may receive Program benefits if, for 2 years starting from the date of application, the individual submits to: Testing for substance abuse as established by the Department; and Treatment consistent with Article 88A, §50A, Annotated Code of Maryland. If an individual is convicted of a violation of Criminal Law Article, §§5-602—5-609, Annotated Code of Maryland, or 21 U.S.C. §841 (the manufacture or distribution of a controlled dangerous substance or possession with intent to distribute a controlled dangerous substance) while receiving Program benefits, the individual is: Ineligible for 1 year from the date of the conviction; and Subject to testing and treatment for substance abuse for a period of 2 years starting from the later of the date when the individual: Is released from incarceration, Completes any term of probation, or Completes any term of parole and mandatory supervision. An individual required to be included in the household as described in Regulation .03C of this chapter is not considered a boarder. A boarder is an individual residing with others and paying them reasonable compensation for lodging and meals. Reasonable Compensation for Meals. To determine if an individual is paying reasonable compensation for meals in making a determination of boarder status, the boarder's monthly payment for meals shall be either of the following: For more than two meals a day, an amount which equals or exceeds the Thrifty Food Plan shown in Schedule D of Regulation .45 of this chapter, for the appropriate size of the boarder household; or For two meals or less per day, an amount that equals or exceeds 2/3 of the Thrifty Food Plan for the appropriate size of the boarder household. The amount of the payment that a boarder gives to a household shall be treated as self- employment income to the household. A foster care individual is considered a boarder. A boarder is ineligible to participate in the Program as a separate household. A Boarder As a Participating Household Member. An individual who is furnished meals but pays compensation of less than a reasonable amount to the household for the meals is considered a member of the household providing the meals. The household that includes a boarder may participate in the Program if the household meets all the eligibility requirements for Program participation. A boarder may participate as a member of the household if the boarder receives food stamp services at the household's request. The local department may not consider as available to the household any of the income or resources of individuals: Determined to be boarders; and Who are not members of the household providing the boarder with meals as described in §E of this regulation. A resident of an institution may not participate in the Program, except for: A resident of federally subsidized housing for the elderly; A drug addict or alcoholic regularly participating in a drug or alcohol treatment and rehabilitation program as described in §D of this regulation; An individual who is blind or disabled, as defined in Regulation .02B of this chapter, and who is in a group living arrangement as described in §C of this regulation; An individual in a shelter for battered women and children operated by a nonprofit public or private agency as described in §E of this regulation; or A resident of a public or private nonprofit shelter for the homeless as described in §F of this regulation. An individual is considered a resident of an institution when the institution: Provides over 50 percent of three meals daily as part of the institution's normal services; and Has not been authorized to accept Program benefits. Residents of Group Living Arrangements. A group living arrangement is a public or private nonprofit residential setting that: Serves no more than 16 residents; and Is certified by the Department or the Maryland Department of Health under §1616(e) of the Social Security Act or comparable standards. A resident who is blind or disabled as defined in Regulation .02B of this chapter is eligible for Program benefits. Residents may apply for Program benefits: On their own; or Through an authorized representative. Residents of Drug and Alcoholic Treatment Centers. Drug addicts or alcoholics, and their children, who regularly participate in a residential publicly operated or private nonprofit drug or alcoholic treatment program may apply to participate in the Program. The local department shall certify residents of drug and alcoholic treatment centers through an authorized representative who is an employee of the center. Shelters for Battered Women and Children. A shelter resident who left a certified household containing the abuser may apply for and be certified for the Program as a separate household. A local department shall: Certify shelter residents who apply as separate households on the basis of the resident's income, resources, and the expenses for which the resident is responsible without regard to the income and resources of the former household; and Consider jointly held resources as inaccessible. Residents of Public or Private Nonprofit Shelters for the Homeless. An individual who resides in a shelter for the homeless is entitled to apply for and, if eligible, receive Program benefits. The homeless shelter may not require a resident of the homeless shelter to surrender Program benefits to the shelter. The use of Program benefits to purchase prepared meals from public or private nonprofit homeless meal providers shall be voluntary. A striker is an individual who participates in a strike or a concerted stoppage of work or interruption of operations by employees. If a household member is a striker, the household is ineligible for benefits unless the household was eligible for benefits: On the day before the strike; and At the time of application. For purposes of the Program, an individual is not a striker if the: Individual is exempt from work registration requirements of the Program for an exemption other than employment; Employer closed the individual's work place to resist demands of employees; Individual, who is not on strike, is unable to work as a result of striking employees; or Individual is an employee who: Is not a part of the bargaining unit on strike, and Does not want to cross the picket line due to fear of personal injury. If the household was eligible the day before the strike began and was otherwise eligible at the time of application, it cannot receive an increased allotment due to decreased income as a result of the strike. The household shall provide: The address of the household's dwelling; and Verification that the household resides in the political subdivision served by the local department where the household is applying. A homeless applicant who is present in the local department area is a resident of that area for Program purposes. An individual may not participate in more than one household or local department area in any given month unless the individual: Is a resident of a shelter for battered women and children as described in Regulation .06E of this chapter; and Was a member of the same household as the individual who had committed the abuse. An individual may not participate in the Program unless the individual is: A United States citizen; A United States non-citizen national as defined in Regulation .02B of this chapter; A Native American born in Canada who possesses at least 50 percent of blood of the Native American race to whom the provisions of Immigration and Nationality Act §289 apply as defined in 8 U.S.C. §1359 or a member of an Indian tribe as defined in 25 U.S.C. §450(e); Lawfully residing in the United States, and: Was a member of a Hmong or Highland Lao tribe at the time the tribe assisted the U.S. armed forces during the Vietnam War; Is the spouse or surviving spouse of an individual described in §A(4)(a) of this regulation; or Is an unmarried biological or legally adopted dependent child of an individual described in §A(4)(a) of this regulation if the child is: 17 years old or younger, 21 years old or younger and a full time student, or Disabled and 18 years old or older if the child was disabled and dependent on the individual described in §A(4)(a) of this regulation when the child was younger than 18 years old; or Both a qualified alien as defined in Regulation .02B of this chapter and an eligible immigrant as described in §§B—F of this regulation. Time Limited Eligibility. An immigrant is an eligible immigrant if the individual has: Been admitted to the United States as a refugee under §207 of the Immigration and Nationality Act; Been granted asylum under §208 of the Immigration and Nationality Act; Had the immigrant's deportation or removal withheld under §243(h) or §241(b)(3) of the Immigration and Nationality Act; Been granted status as a Cuban and Haitian entrant as defined in §501(e) of the Refugee Education Assistance Act of 1980; Been admitted to the United States as an Amerasian immigrant under 8 U.S.C. §1612(a)(2)(A); or Been certified by the United States Department of Health and Human Services Office of Refugee Resettlement as a victim of a severe form of trafficking in persons in accordance with Public Law 106-386 Trafficking Victims Protection Act of 2000. Work Quarters. An immigrant who is lawfully admitted to the United States for permanent residence under the Immigration and Nationality Act is eligible if the individual: Has worked 40 qualifying quarters of coverage as defined under Title II of the Social Security Act; or Can be credited with the qualifying quarters. Military Connection. An immigrant who is a qualified alien is eligible if the individual is: An honorably discharged veteran of the U.S. armed forces who fulfills the minimum active duty service requirements of 38 U.S.C. §5303A(d), including an individual who died in active military, naval, or air service; On active military duty, other than active duty for training in the U.S. armed forces; The spouse or unmarried dependent child of an individual described in §D(1) or (2) of this regulation if the: Marriage fulfilled the requirements of 38 U.S.C. §1304; and Spouse has not remarried; or An unmarried biological or legally adopted dependent child of an individual described in §D(1) or (2) of this regulation if the child is: 17 years old or younger, 21 years old or younger and a full time student, or Disabled and 18 years old or older if the child was disabled and dependent on the individual described in §D(1) or (2) of this regulation when the child was younger than 18 years old. An immigrant who is a qualified alien and who was lawfully residing in the U.S. on August 22, 1996, is eligible if the individual was born on or before August 22, 1931. An immigrant who is a qualified alien as defined in Regulation .02B of this chapter is eligible if the individual: Is disabled as described in Regulation .02B of this chapter; Has resided in the United States as a qualified alien for 5 years or more, beginning on the date of the immigrant's entry into the United States; or Is a child younger than 18 years old. While waiting for acceptable verification, an immigrant is ineligible until the household provides acceptable proof, except if the: Local department has sent a copy of a document furnished by the household to INS for verification; Applicant or local department has sent a request to the Social Security Administration (SSA) for information about the number of quarters of work as described in §C of this regulation, SSA has responded that the individual has fewer than 40 quarters, and the individual provides documentation from SSA that SSA is investigating to see if SSA can credit more work quarters; or Applicant or local department has submitted a request to a federal agency for proof of information that has a bearing on the individual's immigrant status. When an immigrant is sponsored under an affidavit of support Form I-864 or I-864A in accordance with Immigration and Nationality Act §213A, the local department shall consider available to the household the monthly income of the sponsor and the sponsor's spouse, if the sponsor's spouse has executed Form I-864 or I-864A in the following manner: Income considered to be that of the sponsored immigrant is the total monthly earned and unearned income, as described in Regulation .30B and C of this chapter, at the time the household containing the sponsored immigrant member applies for or is recertified for Program participation, reduced by: A 20 percent earned income amount for that portion of the income determined as earned income of the sponsor and the sponsor's spouse; and An amount equal to the Program's monthly gross income eligibility limit, as described in Schedule A in Regulation .45 of this chapter, for a household equal in size to the sponsor, the sponsor's spouse, and any other individual who is claimed or could be claimed by the sponsor or the sponsor's spouse as a dependent for federal income tax purposes. If the immigrant has already reported gross income information on the sponsor due to another State agency's sponsored immigrant rules, that income amount may be used for Program deeming purposes. The local department shall consider as income actual money paid to the immigrant by the sponsor and the sponsor's spouse to the extent that this amount exceeds the amount attributed to the immigrant under §A(1) of this regulation. Countable Resources. The local department shall count the total amount of resources of the sponsor and sponsor's spouse to be that of the immigrant in accordance with Regulation .26 of this chapter, reduced by $1,500. If the immigrant has already reported total resource information of the sponsor due to TCA's sponsored immigrant rules, the resource amount calculated by TCA as the amount to be attributed to the alien may be used for Program deeming purposes. If a sponsored immigrant can demonstrate that the immigrant's sponsor sponsors other immigrants, then the income and resources as described in §§A—C of this regulation shall be divided by the number of those immigrants. Exempt Immigrants. The provisions of §§A—C of this regulation do not apply to an immigrant who: Is participating in the Program as a member of a sponsor's household; Is sponsored by an organization or group instead of an individual; Is not required to have a sponsor under the Immigration and Nationality Act, such as, but not limited to being: A refugee; A parolee; An individual granted asylum; or A Cuban or Haitian entrant; Is a battered spouse or child, with the exemption lasting 12 months, if: 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 Would be without food or shelter because the sum of the eligible sponsored immigrant's household's own income, the cash contribution of the sponsor and others, and the value of any in-kind assistance the sponsor and others provide does not exceed the gross income amount shown in Schedule A in Regulation .45 of this chapter for the household size. Sponsored Immigrant Responsibility. During the period the immigrant is subject to §§A—C of this regulation, the immigrant is responsible for: Obtaining the cooperation of the immigrant's sponsor for providing the local department, at the time of application and at the time of recertification, with the information and documentation necessary to calculate countable income and resources in accordance with §§A—C of this regulation; and Providing the names, or other identifying factors, of other immigrants for whom the immigrant's sponsor has signed an affidavit of support. Awaiting Verification. Until a sponsored immigrant provides information or verification necessary to calculate income and resources as described in §§A—C of this regulation: The sponsored immigrant is ineligible; and The local department: Shall determine the eligibility and benefit level of any remaining household 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. If the sponsored immigrant refuses to cooperate in providing information or verification of income and resources as described in §§A—C of this regulation, the other adult members of the immigrant's household shall provide the information or verification. The sponsor's support obligation terminates when the: Sponsored immigrant becomes a citizen of the United States; Sponsored immigrant has worked, or can be credited with 40 qualifying quarters of work, except that the sponsored immigrant is not credited with any quarter beginning after December 31, 1996, during which the immigrant receives a federal means-tested benefit; Sponsored immigrant ceases to hold the status of an alien lawfully admitted for permanent status and has departed the United States; Sponsored immigrant dies; or Sponsor dies. Except as specified in §D of this regulation, a student is ineligible to participate in the Program. A student is an individual who is: 18 years old or older but younger than 50 years old; Physically and mentally fit; and Enrolled at least half time in an institution of higher education. An individual is not considered a student for purposes of the Program if the individual: Does not meet the criteria described in §B of this regulation; or Is participating in on-the-job training programs. A student may be eligible to participate in the Program if the student meets at least one of the following requirements: Is employed and paid for a minimum of 20 hours per week or, if self-employed, is employed for a minimum of 20 hours per week, and receives weekly earnings at least equal to the federal minimum hourly wage as published by the United States Department of Labor, multiplied by 20 hours; Participates in a State or federally financed work study program during the regular school year; Is responsible for the care of a dependent household member younger than 6 years old; Is responsible for the care of a dependent household member who is 6 years old or older but is younger than 12 years old, if the local department has determined that adequate child care is not available; Is receiving benefits from the Temporary Cash Assistance Program; Participates in a program at an institution of higher education under: The Workforce Investment Act of 1998, The Food Stamp Employment and Training Program, or Another employment or training program operated by the State or a local government if the program is equivalent to an acceptable Food Stamp Employment and Training Program; or Is a single parent enrolled full-time in an institution of higher education and responsible for the care of a dependent child younger than 12 years old or, if the parent is not in the household, is a single individual enrolled full time who has parental control over the child. Work Study Requirement. A student meets the work study requirement as described in §D(2) of this regulation if: The student is approved for the work study program at the time of application for food stamps; The work study program is approved for the school term; and The student anticipates working during the school term. When a student meets the work study requirement, the exemption begins the month in which the school term begins or the month in which the work study is approved, whichever is later. Once the exemption begins, the exemption continues until: The end of the month in which the school term ends; or It becomes known that the student has refused an assignment. Unless the student is participating in the work study program during the break, the exemption may not continue between school terms when there is a break of a full month or longer. The enrollment status of a student begins on the first day of the school term of the institution of higher education and continues through normal periods of class attendance, vacation, and recess, unless the student: Graduates; Is suspended or expelled; Drops out; or Does not intend to register for the next normal school term. The local department may not consider the income and resources of an ineligible student living with a household in determining eligibility or level of benefits of the household. To be eligible for the Program the household shall: Provide a Social Security number for each member; or Show documentary evidence that each member has applied for a number. The local department shall verify the number through the Social Security Administration. Social Security Number for a Newborn. If the household cannot provide or apply for a Social Security number for a newborn immediately after the baby's birth, the household shall provide a Social Security number or proof of application the later of: The next recertification; or Within 6 months following the month in which the child is born. The local department shall determine if good cause exists if the household cannot provide the baby's Social Security number at its next recertification or within 6 months following the baby's birth. When a household is entitled to expedited service, a newborn may participate for up to 6 months following the month of its birth before the household provides the baby's Social Security number or proof of application for its Social Security number. A household is categorically eligible for Program benefits if all members of the household are receiving or are authorized to receive: Cash benefits funded in full or in part with federal money under Title IV-A or with State money counted for maintenance of effort purposes under Title IV-A; Non-cash or in-kind service programs funded in full or in part with federal money under Title IV-A or with State money counted for maintenance of effort purposes under Title IV-A that are designed to further purposes one and two of the Temporary Assistance to Needy Families block grant, as set forth in Public Law 104-193 §401; Temporary Disability Assistance Program (TDAP); Public Assistance to Adults (PAA); or SSI benefits. Categorical eligibility means that the local department shall accept without the verification required in Regulation .20 of this chapter, the following food stamp eligibility factors: Resource and gross and net income limits; Social Security number; Sponsored alien information; and Residency. A categorically eligible household is not subject to the income eligibility standards of Regulation .42A and B of this chapter. A household is not categorically eligible if: All members of the household are institutionalized in accordance with Regulation .06 of this chapter; A member is disqualified for an intentional program violation in accordance with Regulation .56 of this chapter; or The head of household is disqualified for failure to comply with work registration requirements in accordance with Regulations .22 and .24 of this chapter. The local department may not include an individual as a member of a household otherwise categorically eligible if that individual is: An ineligible immigrant as described in Regulation .09 of this chapter; Ineligible under the student provision in Regulation .10 of this chapter; Institutionalized in a non-exempt facility as defined in Regulation .06 of this chapter; or Ineligible because of failure to comply with a work requirement as described in Regulations .21 and .24 of this chapter. An individual who receives zero Public Assistance (PA) as described in Regulation .02B of this chapter or SSI benefits is considered a recipient of a benefit from those programs if the individual is: Authorized to receive the benefit but has not yet received payment; Entitled to the benefit but the benefit is suspended or recouped; or Entitled to the benefit but is not receiving it because the grant is less than the minimum amount. A household otherwise categorically eligible that has filed a joint PA and FSP application and is denied Program benefits, but is later determined eligible for PA benefits, shall be issued Program benefits using the original application and any other pertinent information occurring after that application. To determine if a household is eligible for Program benefits due to its status as a PA or SSI household, the local department may postpone the Program eligibility determination for 30 days if the household: Is not entitled to expedited service; and Appears to be categorically eligible. The local department shall postpone denying a potentially categorically eligible household until the 30th day if the household appears to be eligible to receive PA benefits. Once the PA application is approved, the household is considered categorically eligible unless ineligible under §D of this regulation. If the PA application is denied, the local department: Shall continue processing the application according to Program regulations; or May require a new application if the local department does not have enough information to make the eligibility determination. The local department shall exclude the resources of a household member who receives TCA or SSI. The local department: May not impose special requirements on the household, such as requiring that the head of household rather than another responsible member of the household appear at the local department; and May designate the head of household if the household does not choose to do so. The household: Shall file a Program application by submitting the form to the local department either in person, through an authorized representative, by fax, by mail, through SAIL, or by completing an on-line electronic application in the local department; and Has the right to file an application form, during office hours, on the same day it contacts the local department. The local department shall allow an eligible household that completes the initial application process to participate as soon as possible but not later than 30 calendar days following the date that the application was filed. A household in which all members are recipients of SSI may apply for Program benefits at a Social Security office, if the household: Has not applied for the Program in the preceding 30 days; and Does not have an application pending at a local department. The request for an application may be made: In person; By telephone; By mail; or By an authorized representative. Responsibilities of the Applicant. The applicant shall: Complete the application form as described in this regulation; Have an interview with a local department representative as described in Regulation .15 of this chapter; Provide the required verification as described in Regulation .20 of this chapter; and Complete any required work registration as described in Regulation .21 of this chapter. A completed application includes: Required verifications; Required work registrations; and The completed and signed application form. Responsibilities of the Local Department. The local department shall: Furnish the application form to the applicant on the same day, directly or by mail, when the request is made by telephone or mail; Advise the applicant that the: Applicant does not have to be interviewed before filing the application, and Application form is counted as filed when the form contains the applicant's name and address, and is signed by a responsible member of the household or the household's authorized representative; Receive the application, date it, and determine if it is complete; Screen applications to determine if an applicant needs expedited service as described in Regulation .19 of this chapter; Arrange the appointment for any required face-to-face interview; and Provide a list of required verifications and assist the household in obtaining the necessary verifications. When the entire household is also applying for public assistance, the local department shall: Conduct a single interview at application and recertification, whenever possible; and Apply the time limits and Program requirements to the FSP part of the application. The date the application form is received at the local department is the filing date, except that for a household in which all members are recipients of SSI, the application shall be considered filed when the Social Security office receives the application form. An SSI household that has applied for food stamp benefits at the Social Security office may not be: Required to see a local department eligibility worker; Interviewed by the local department; Contacted by the local department for certification information unless: The application is improperly completed, Mandatory verification is missing, or The local department determines that certain information on the application is questionable; or Required to appear at the local department before the eligibility determination can be made. Withdrawing an Application for the Program. The household may withdraw the application at any time before the eligibility determination without prejudice to any subsequent application. The interview may take place: When the applicant comes to the local department to request benefits; When the local department representative visits the applicant’s residence if §C of this regulation applies; When the local department representative meets with the applicant on a date scheduled after the request was received; or By telephone. If the applicant fails to keep the appointment for a face-to-face interview or scheduled telephone interview, the applicant is responsible for scheduling another appointment. If the applicant: Requests a second appointment and is determined eligible, the local department shall issue benefits from the date of application; or Does not request a second appointment, the local department may deny the application on the 30th day after application. Scheduling an Interview at Application. The local department shall: Schedule an interview for all applicant households who are not interviewed on the day the household submits an application; and Notify each household that misses its interview that the household: Missed the scheduled interview; and Is responsible for rescheduling the interview. The local department shall notify the applicant that the local department shall waive the office interview in favor of a telephone interview or a scheduled home visit on a case-by-case basis for hardship situations, which include but are not limited to: Transportation difficulties; Illness; Care of a household member; Prolonged severe weather; Hardship due to residency in a rural area; or Work or training hours that prevent an in-office interview. The local department may waive the face-to-face interview in favor of a telephone interview for all households Interviews may take place by telephone, at the local department, the household’s residence, or other mutually acceptable location. If the interview takes place at the household's residence, the local department shall schedule the interview in advance with the household. The local department shall provide applicants with one of the following written notices as soon as a determination is made, but not later than 30 days after the filing date: A notice of eligibility which shall include: The benefit level and the certification period, Any variation in the benefit level based on anticipated changes, The right to and method for obtaining a fair hearing, The telephone number and the name of an individual in the local department to call for information or clarification, and The availability of any legal services; A notice of denial which shall include the: Reason for the decision, and Information listed in §A(3)—(5) of this regulation; or A notice of pending status in accordance with Regulation .18A of this chapter. Refusal to Cooperate. The local department shall deny the application for refusal to cooperate if the household refuses to cooperate with the local department in completing the process described in Regulation .14 of this chapter. To make a determination of refusal to cooperate, the local department shall determine that the household was able to cooperate but demonstrated that it would not take actions that were required to complete the application process. If there is a question as to whether the household has only failed to cooperate, as opposed to refused to cooperate, the local department may not deny the household on the grounds of refusal. The local department shall find the household ineligible if it refuses to cooperate in subsequent reviews of its eligibility, including reviews generated by reported changes and applications for recertification. Once denied or terminated for refusal to cooperate, the household may reapply but may not be determined eligible until it cooperates with the local department. Quality Control Review. The local department shall find the household ineligible if it refuses to cooperate in any review of its eligibility as a part of a quality control review. If a household is terminated for refusal to cooperate with a quality control review, the household may reapply but may not be determined eligible until it cooperates with the quality control review. Notice of Pending Status. The local department shall send a notice of pending status to the applicant if the: Application is not complete; or Local department does not make a decision on eligibility within 30 days after filing. If the local department caused the delay, the notice shall include the: Reason for the delay; and Any action that the household or the local department must take. If the household does not complete the application before the end of the 30-day period, the notice shall include: The action the household 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. If the local department failed to schedule the first interview within 30 days of the filing date, the notice shall include: 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 household, the local department shall deny the application. Delay Caused by the Local Department. If the local department caused a delay in the application process, the local department shall: Continue to process the application; and Calculate the benefit from the filing date as described in Regulation .14I of this chapter. Local department caused delays include, but are not limited to, the local department's failure to: Offer or provide assistance to the household to complete the application form; Notify the household with a statement of required verification or to allow the household 10 days after the local department's request for verification; Explore and attempt to resolve with the household, unclear or incomplete information; Notify the household that it could reschedule a missed interview; or Notify the household that: Certain members are required to register for work, or The household is allowed 10 days after the notification to register the members. Delay Caused by the Household. If the application is completed after the 30th day and before the 60th day due to a delay caused by the household, the benefit calculation is from the date the household takes the required action. Household caused delays include, but are not limited to, the household's failure to: Cooperate with the local department in resolving unclear or incomplete information provided at the interview; Register household members for work; Provide missing verification; or Reschedule a missed appointment. A household shall have expedited service if: The household has less than $100 in liquid resources and less than $150 in gross monthly income; The household's combined monthly gross income and liquid resources are less than the household's monthly rent or mortgage and utilities; or A migrant or seasonal farm worker household has less than $100 in liquid resources and is determined by the local department to be destitute as described in §B of this regulation. Destitute Migrant Households. To be destitute for Program purposes means the migrant household's only income for the month of application: Was received before the date of application and was from a terminated source; or Is from a new source and the household does not expect to receive income of more than $25 from the new source by the 10th calendar day after the date of application. The eligibility and benefit level for a destitute household is calculated for the month of application considering only income received between the first of the month and the date of application. Any income from a new source that is anticipated after the date of application is disregarded. Time Limits for Expedited Service. The local department shall make Program benefits for a 1 month's allotment available to a household described in §A of this regulation by the close of business on the 7th calendar day after the filing date, including weekends or holidays. Out-of-Office Interviews. If the local department has waived the office interview for a household entitled to expedited service, the local department shall complete the process within the expedited service time limit. The local department may not include in the 7-day processing standard the days that the application is in the mail and in the possession of the household. Late Determination of Expedited Eligibility. If the local department discovers a household's entitlement to expedited service after the screening process required in Regulation .14G(4) of this chapter, the local department shall make benefits available within the time frame described in §C(1) of this regulation beginning with the date of discovery. Special Procedures for Expedited Service. To expedite the certification process, the local department: Shall verify the applicant's identity through: Readily available documentary evidence, or Collateral contact; Shall make all reasonable efforts to complete required verification as described in Regulation .20C(2)—(12) of this chapter; May not delay benefits beyond the expedited time frame solely because the eligibility factors as described in §D(2) of this regulation have not been verified; and Shall assign a normal certification period to households that are certified on an expedited basis and have provided all necessary verification. Postponed Verification. If a household applies on or before the 15th of the month and verification is postponed: The local department may: Certify the household for the month of application only; or Assign a normal certification period; and Benefits may not be continued beyond the month of application if verification continues to be postponed. If a household applies on or after the 16th of the month and verification is postponed: The local department may: Certify the household for the month of application and the following month; or Assign a normal certification period; and Benefits may not be continued beyond the month following the month of application if verification continues to be postponed. The local department shall notify the household in writing that no further benefits may be issued until the postponed verification is complete. Number of Expedited Service Certifications. There is no limit to the number of times a household can be certified under expedited procedures, if before each expedited certification the household either: Completes the verification requirements that were postponed at the last expedited certification; or Was certified under normal processing standards since the last expedited certification. Verification is the use of third-party information or documentation to establish the accuracy of statements on the application. The local department shall assist the household to obtain the necessary verification. At initial application, and before certification, the household shall provide verification of the following: Identity of the applicant, or, when an authorized representative applies, the identity of the applicant and authorized representative; Gross nonexcludable income as described in Regulation .30 of this chapter; Immigrant status for an immigrant in the household in accordance with Regulation .09 of this chapter; Medical expenses as described in Regulation .33 of this chapter, if the household claims allowable medical expenses above $35 per month; Residency as described in Regulation .08 of this chapter; Social Security number as described in Regulation .11 of this chapter; Amount of included resources as described in Regulation .26 of this chapter; Legal obligation to make child support payments to or for an individual living outside the household and the amount of actual payments as described in Regulation .35 of this chapter; Household composition, if questionable as described in §G of this regulation; Shelter costs for homeless households claiming shelter expenses that would result in a shelter deduction greater than the homeless allowance; Hours worked for individuals subject to the work requirement for able-bodied adults without dependents as described in Regulation .23 of this chapter; Disability if the disability determination affects the household's eligibility or benefit level; and All other factors of eligibility that are questionable as described in §G of this regulation and affect the household's eligibility and benefit level. Optional Verification. The Department may require verification of any other factor that affects eligibility or benefit level. The verification: May be required Statewide or in a local department area; and May not be imposed on a selective case-by-case basis. If a local department area chooses to verify a deductible expense and the expense cannot be verified within 30 days of the date of application, the eligibility and benefit level shall be determined without a deduction for the unverified expense. Verification at Recertification. At recertification the local department shall verify: A change in income if the source has changed or the amount has changed by more than $50; Previously unreported medical expenses; Actual utility expenses and total recurring medical expenses that have changed by more than $50; A change in the: Legal obligation to pay child support; Obligated amount of child support received; or Amount of legally obligated child support a household member pays; Newly obtained Social Security numbers; Hours worked for individuals subject to the work requirement for able-bodied adults without dependents as described in Regulation .23 of this chapter; and Any other change if the information provided is questionable as described in §G of this regulation, incomplete, or outdated. Unless a change is questionable as described in §G of this regulation, incomplete, or outdated, at recertification the local department may not verify: Income, if the: Source has not changed; and Amount is unchanged or the amount has changed by $50 or less; or Total medical expenses or actual utility expenses that: Are unchanged; or Have changed by $50 or less. Verification of Changes Reported during a Certification Period. Except as described in §F(2) of this regulation, changes reported during the certification period are subject to the same verification procedures that apply at initial application. Unless a change is questionable as described in §G of this regulation, incomplete, or outdated, the local department may not verify: Income, if the: Source has not changed; and Amount is unchanged or the amount has changed by $50 or less; or Total medical expenses or actual utility expenses that: Are unchanged; or Have changed by $50 or less. Questionable Information. A factor of eligibility is questionable when information provided by the household is inconsistent with: Statements made by the applicant; Information on the application or on a previous application; or Information received by the local department. Documentary Evidence. A household may supply documentary evidence: In person; Through the mail; By facsimile or other electronic device; or Through an authorized representative. The local department: Shall accept any reasonable documentary evidence provided by the individual; Shall be primarily concerned with how adequately the verification proves the statements on the application; and May not require the individual to present verification in person at the local department. An individual who is not exempt for a reason described in §B of this regulation is not eligible to participate if the individual: Refuses, at the time of application and every 12 months after that, to be registered for work; Refuses without good cause to: Participate in an employment and training program to which the individual is assigned, Accept an offer of suitable employment at a site or plant not subject to a strike or lockout at the time of the refusal, Provide the local department or employment training program with sufficient information about employment status or availability for work; or Voluntarily and without good cause: Quits a job, as described in Regulation .24A(1) of this chapter, or Reduces work hours as described in Regulation .24A(2) of this chapter. A household member is exempt from the requirement to register for work if the member is: Younger than 16 years old; 16 or 17 years old and neither the head of household as described in Regulation .13 of this chapter nor attending school or enrolled in an employment training program on at least a half-time basis; 60 years old or older; Verified to be physically or mentally unfit for employment; Complying with any work requirement under the Social Security Act, including Work Opportunities, and employment and training; Responsible for the care of a child younger than 6 years old or an incapacitated individual; Receiving or has applied for unemployment compensation and required to register for work; A regular participant in a drug addiction or alcoholic treatment program; Employed at least 30 hours per week or receiving earnings equal to the federal minimum hourly wage multiplied by 30; or Enrolled in any school, training program, or institution of higher education on at least a half-time basis. An individual shall register for work if, during the certification period, the individual loses exempt status because of a change in circumstances that the individual is required to report to the local department. If the local department determines that an individual has refused or failed without good cause to comply with the work requirements or employment and training program requirements, the individual is ineligible to participate in the Program for the following time periods: After the first violation, the later of: 1 month, or The date the individual complies with the work requirements; After the second violation, the later of: 3 months, or The date the individual complies with the work requirements; and After the third or subsequent violation, the later of: 6 months, or The date the individual complies with the work requirements. If the individual moves to another household, the individual remains ineligible. Conciliation Period for Failure to Comply with an Employment and Training Program Requirement. The local department shall begin a conciliation period the day after the local department learns of the noncompliance. The conciliation shall continue for a period not to exceed 30 calendar days. The purpose of the conciliation effort is to: Determine the reason the individual did not comply with the employment and training program requirement; and Provide the noncomplying individual the opportunity to comply before the issuance of a notice of adverse action. Within the conciliation period, the local department shall, at a minimum, contact the noncomplying household member to determine the reasons for noncompliance and determine if good cause exists as described in §G of this regulation. Notice of Adverse Action. Within 10 days of the local department determining that an individual has not complied without good cause with a work requirement other than FSP employment and training program requirements, the local department shall provide a notice of adverse action containing the following: The particular act of noncompliance committed; The proposed disqualification period; A statement that the individual may reapply at the end of the disqualification period; and A description of the action the individual may take to avoid the disqualification. Ending a Disqualification. Following the end of the disqualification period for noncompliance with the work requirements or employment and training program requirements, participation may be resumed if the individual or household applies again and is determined eligible. Eligibility may be reestablished during a disqualification period if the individual who caused the disqualification becomes exempt from work registration under the provisions of Regulation .21B(1)—(4), (6), and (8)—(10) of this chapter. Suitable Employment. Employment is considered suitable unless: The wage offered is less than the federal minimum wage; The employment is on a piece rate basis and the average hourly pay rate can reasonably be expected to be less than the federal minimum wage; There are conditions of employment which require joining, resigning from, or refraining from joining any legitimate labor organization; or The work offered is at a site subject to a strike or lockout unless the strike has been enjoined under §208 of the Taft-Hartley Act, or §10 of the Railway Labor Act. Employment is considered unsuitable if the individual involved can demonstrate, or the local department becomes aware, that the: Degree of risk to health and safety is unreasonable; Individual is physically or mentally unfit to perform the work as documented by medical evidence or by reliable information from other sources; Employment offered within the first 30 days of employment registration is not in the individual's major field of experience; Working hours or routine of the employment interferes with the individual's religious observances, convictions, or beliefs; or Distance from the individual's home to the place of employment is unreasonable considering the expected wage and time and cost of commuting. A commuting time of 2 hours or more per day or the lack of private or public transportation renders a job unsuitable under §F(2)(e) of the regulation. Determining Good Cause. The local department shall determine if an individual had good cause for failing to comply with the work requirements, employment and training program, and voluntary quit requirements. In determining good cause, the local department shall consider the facts and circumstances described by the individual and employer involved. The local department may base a good cause determination on factors such as: Illness of the individual involved or another individual in the household requiring the presence of the individual involved; A household emergency; The unavailability of transportation; or The lack of child care for a child or children who are 6 years old or older but younger than 12 years old. An individual shall be treated as though the individual failed to comply with the food stamp work requirements if the individual: Is exempt from work requirements in accordance with Regulation .21B(5) or (7) of this chapter because the individual is subject to the TCA or Unemployment Compensation work requirements; and Fails to comply with the TCA or Unemployment Compensation work requirements. Unless an administrative hearing is requested and the individual is subject to benefits pending appeal, the disqualification period as described in §A of this regulation begins with the first month following the expiration of the 10-day adverse action period. Except as described in §§B(6) and (7) and G of this regulation, an individual may not participate in the Program as a member of a household if, during a 36-month period, the individual received Program benefits for at least 3 months as described in §F of this regulation, consecutive or not, during which the individual did not: Work 20 hours or more per week averaged monthly; For 20 hours or more per week, participate in and comply with: A Welfare Innovation Act program; A Trade Adjustment Assistance Act program; or An employment and training program; Combine work and participation in a work program as described in §A(2) of this regulation that totals 20 hours a week averaged monthly; Participate and comply with the requirements of a workfare program under §20 of the Food and Nutrition Act of 2008, or a comparable program established by the State or local government; or Qualify for an exemption under §B or C of this regulation. An individual is exempt from the requirement as described in §A of this regulation if the individual is: Younger than 18 years old, or 47 years old or older; Physically or mentally unfit; A parent or other household member residing with a dependent child 17 years old or younger; Pregnant; Exempt from work requirements as described in Regulation .21B of this chapter; Residing in one of the local department areas that has a waiver of the applicability of §A of this regulation from the Secretary of the United States Department of Agriculture; or Exempt from work requirements in accordance with 7 U.S.C. §2015(o)(6). Subsequent Eligibility. An individual denied eligibility under §A of this regulation shall regain eligibility if, during a 30-day period, the individual: Works 80 hours or more; Participates in and complies with the requirements of a work program for 80 hours or more; or Fulfills the requirements of §A(3) of this regulation. Maintaining Eligibility. An individual who regains eligibility under §C of this regulation remains eligible as long as the individual meets the requirements of §A of this regulation. Loss of Employment. An individual: Who regains eligibility under §C of this regulation and who no longer meets the requirements under §A of this regulation remains eligible for a consecutive 3-month period as described in §F of this regulation, effective the date the individual first notifies the local department that the individual no longer meets the requirements of §A of this regulation; and May not receive any benefits as described in §E(1) of this regulation for more than one 3-month period in a 36-month period. A countable month is a month during which the individual receives a full month's allotment. The provisions of §§A—F of this regulation are not applicable from April 1, 2009 until September 30, 2011, in accordance with the American Recovery and Reinvestment Act of 2009. Determining Voluntary Quit or Reduction of Work Effort. The voluntary quit provision applies if: The employment: Involved 30 hours or more per week; or Provided weekly earnings at least equivalent to the federal minimum wage multiplied by 30 hours; The quit occurred within 30 days before the date of application or anytime thereafter; and The quit was without good cause. The reduction of work effort provision applies if: Before the reduction the individual was employed 30 hours or more per week; After the reduction, the individual had weekly earnings of less than the federal minimum wage multiplied by 30 hours; The reduction occurred within the 30 days before the date of application or anytime thereafter; and The reduction was voluntary and without good cause. An employee of the federal or State government or a local government who is dismissed for participating in a strike against the employer is considered to have voluntarily quit without good cause. Good cause for quitting employment includes good cause as described in Regulation .22G of this chapter and any of the following: Discrimination by an employer based on age, race, sex, color, disability, religious belief, national origin, or political beliefs; Work demands or conditions that make continued employment unreasonable; New employment or enrollment at least half-time in a school, training, or education program that requires quitting the employment; A move to another place caused by another household member's new employment or enrollment at least half-time in a school, training, or education program; Resignation of an individual younger than 60 years old which is recognized by the employer as retirement; Employment that is or becomes unsuitable as defined by Regulation .22F of this chapter; Acceptance of new employment or training that does not materialize because of circumstances beyond the control of the household member; A pattern of frequent change of employers, as in migrant or construction work; Changes in employment that result from termination of a self-employment enterprise; or Resigning from a job at the demand of the employer. A household may retain countable resources up to $2,000 except as described in §B of this regulation and Regulation .12 of this chapter. A household may retain countable resources up to $3,000 if the household includes a member who is: 60 years old or older; or Disabled as described in Regulation .02B of this chapter. The local department shall measure the household's countable resources against the maximum allowable amount to determine the household's eligibility. Countable resources include: Cash on hand; and Money in a checking or savings account. Resources are excluded except as described in Regulation .26 of this chapter. The local department may not include the value of a vehicle in calculating resource eligibility as described in Regulation .25 of this chapter. At the time of application, the local department shall ask if any household member, or ineligible or disqualified individual whose resources are considered available to the household, transferred resources within the 3-month period immediately preceding the date of application. A household which has transferred resources for the purpose of qualifying or attempting to qualify for benefits is disqualified from participating in the Program as described in §F of this regulation if the resources are transferred: In the 3-month period before application; or After the household is determined eligible for benefits. Imposition of a Disqualification Period. If the household has an application pending at the time of discovery of the transfer, the local department shall: Send a written notice of denial explaining the reason for and length of the disqualification; and Begin the period of disqualification in the month of application. If the household is participating in the Program at the time of discovery of the transfer, the local department shall: Send a notice of adverse action explaining the reason for and length of the disqualification; and Begin the period of disqualification effective with the allotment that would have been issued after the notice of adverse action period had expired, unless the household requested a fair hearing and continued benefits. Eligibility for the Program may not be affected by the following exempted transfers: Resources that would not otherwise affect eligibility such as resources consisting of excluded personal property or money that, when added to other non-exempt household resources, totaled less at the time of the transfer than the allowable resource limits; Resources that are sold or traded at, or near, fair market value; Resources which are transferred between members of the same household, including ineligible aliens or disqualified individuals whose resources are being considered available to the household; and Resources that are transferred for reasons other than qualifying or attempting to qualify for benefits. The local department shall base the length of the disqualification period on the amount by which non-exempt transferred resources, when added to other countable resources, exceeds the allowable resource limit. The following chart shall be used to determine the period of disqualification: The local department may not count resources of nonhousehold members as available to the household, but shall count resources of excluded members as available to the remaining household members. “Income” means all income from any source excluding only the income types specified in §D of this regulation. Earned income includes: Wages, salaries, tips, and commissions; Income from self-employment as described in Regulation .39 of this chapter; Training allowances from recognized government programs; and Payments under Title I of the Domestic Services Act of 1973, such as the Volunteer in Service to America (VISTA) program when the individual was not receiving food supplement or public assistance at the time of entry into the volunteer program. Unearned income includes: Federally funded assistance payments; State-funded assistance payments; Annuities, pensions, and retirement benefits; Workers' or unemployment compensation; Social Security benefits; Foster care and subsidized guardianship payments only if the household chooses to include the foster care individual in the food supplement household; Net rental property income when no household member is actively engaged in management of the property for 20 hours a week or more; Support or alimony payments; Payments from government programs, dividends, interest except as described in §D(18) of this regulation, royalties, or money payments from any source which is a gain or benefit to the household; Money withdrawn or dividends due to a household from a trust fund; Dividends that the household has the option to use or reinvest unless excluded in §D of this regulation; Amounts of unearned income deducted from a federal or State means-tested public assistance benefit to repay a claim intentionally caused by a household; Earned or unearned income of an individual disqualified from the household as described in Regulation .40B and C of this chapter; and Income of a sponsor and sponsor's spouse as described in Regulation .09-1 of this chapter. Excluded income includes: Income diverted at or returned to the source to repay a prior overpayment received from the source except as described in §C(12) of this regulation; Child support paid to a TCA recipient that is required to be transferred to the Department's Child Support Enforcement Administration; In-kind contributions which have other than a cash value to the household; Vendor or third-party payments paid directly to a third party and not available as income to the household; Irregular, unanticipated: Earned income not exceeding $30 in any quarter; or Unearned income not exceeding $200 in any 6 month period; Any loan; Reimbursements for past or future expenses, other than normal living expenses, if they do not exceed actual expenses; Money received and used for the care and maintenance of a third-party beneficiary who is not a household member; Earned income of a member of the household who: Is an elementary or secondary school student; Is younger than 18 years old; and Lives with a natural or adoptive parent or stepparent, or under the parental control of a household member other than a parent; A nonrecurring lump sum payment; Cash donations based on need from one or more private nonprofit charitable organizations; Income specifically excluded by federal law as countable income for Program purposes; Any federally funded energy assistance payment, including HUD utility reimbursements, except for payments provided under Title IV-A of the Social Security Act; Income of an SSI recipient which has been determined necessary for the fulfillment of a plan for achieving self-support (PASS) which has been approved by the Social Security Administration; Public assistance vendor payments provided for emergency or special assistance; Educational assistance as described in Regulation .31 of this chapter; The deduction for self-employment income permitted under Regulation .39 of this chapter; Interest earned on a bank account; and Military combat pay. Educational assistance includes grants, scholarships, fellowships, educational loans on which payment is deferred, work study, veterans' benefits, and other opportunities which are awarded to a household member enrolled: At a recognized institution of postsecondary education; At a school for disabled individuals; In a vocational education program; In a vocational or technical school; or In a program that provides for obtaining a secondary school diploma or the equivalent. The local department may not include educational assistance in calculating a household's eligibility or benefit level. Earned Income Deduction. The local department: Shall allow a deduction from income in the amount of 20 percent of any gross earned income; and May not include in the calculation of the earned income deduction any earnings excluded under Regulation .39B of this chapter. The local department shall allow a deduction from self-employment income as described in Regulation .39B of this chapter. Medical expenses are counted only for individuals who are elderly or disabled as defined in Regulation .02B of this chapter. Medical expenses include: Medical and dental care by a licensed practitioner; Hospitalization or outpatient treatment, including payments by the household for a former member who received care in a hospital or nursing home while a member of the household; Prescription drugs and over-the-counter medication approved by a licensed practitioner; Home medical supplies, sick room supplies, and prescribed equipment; Health and hospitalization insurance premiums for the cost of health care only; Medicare premiums; Cost-sharing or spend down expenses incurred by Medicaid recipients; Dentures, hearing aids, and prosthetics; Costs of seeing eye and hearing aid dogs; Eyeglasses; Reasonable costs of transportation and lodging for medical treatment; and Costs for in-home aide care or attendants. Except as described in §C of this regulation, the allowable medical expenses are calculated for a monthly cost amount by: Averaging a one-time expense over the remaining months of the certification period; Allowing the one-time expense for 1 month; or Allowing a known continuing expense in each month of the certification period. For households certified for 24 months that have a one-time medical expense incurred during the first 12 months, the local department shall give the household the option of: Deducting the expense for 1 month; Averaging the expense over the remainder of the first 12 months of the certification period; or Averaging the expense over the remaining months of the certification period. The local department shall allow payments for the actual cost for the care of children or other dependents when necessary for a household member to: Seek, accept, or continue employment; Comply with the employment and training requirements as described in Regulation .21 of this chapter; or Attend training or pursue education that is preparatory to employment. A household member who has verification of having made legally obligated child support payments to or for an individual living outside the household is allowed a deduction. To be entitled to the deduction, the household member shall: Have a legal obligation to pay; and Make payments. The child support deduction includes: Anticipated payments that the household member will pay during the certification period; Third-party payments by the household on behalf of the nonhousehold member in accordance with a support order; Legally obligated payments by the household to obtain health insurance for the child; and Arrearages if the payments are anticipated to continue during the certification period. Alimony payments to or for a nonhousehold member may not be included as a child support deduction. The local department shall allow a deduction in the amount set forth in Schedule L in Regulation .45 of this chapter for a household which: Is homeless; and Incurs shelter costs. A household receiving the homeless shelter allowance may not also receive a deduction for shelter costs. Shelter costs are limited to the following: Continuing charges for the shelter occupied by the household, which include rent or mortgage, condominium fees, association fees, or other continuing charges leading to or resulting from the ownership of the shelter, including interest paid on a mortgage; Property taxes; State and local assessments; Premiums for insurance on the structure itself, but not the separate cost for insuring furniture or personal belongings; and Utility costs, which include: Heating, Cooling, Cooking fuel, Electricity, Water and sewerage charges, Garbage and trash collection fees, Telephone allowance as described Schedule I in Regulation .45 of this chapter, Fees charged by a utility provider for initial installation of a utility, and Well and septic tank system installation and maintenance. The local department may not include as shelter costs: The amount paid for a security deposit; or Any amount considered as payment for meals. Allowing Shelter Costs for a Home Temporarily Unoccupied. The local department shall allow shelter costs for a home if temporarily not occupied by the household because of: Illness; Employment or training away from home; or Abandonment caused by a natural disaster or casualty loss. To include the costs of a home vacated by the household: The household must intend to return to the home; The current occupants of the home, if any, may not be claiming the shelter costs for Program purposes; and The home may not be rented during the absence of the household. The local department shall allow charges for repair of a home that was substantially damaged or destroyed due to a natural disaster such as a fire or flood but may not include charges for repair of the home that have been or will be reimbursed by private or public relief agencies, insurance companies, or another source. Utilities are limited to the expenses described in Regulation .37A(5) of this chapter. Utility Allowances. Utility costs included in the utility allowances are listed in Regulation .37A(5) of this chapter. Except as described in §§C and D of this regulation, an eligible household shall use one of two utility allowances as described in §B(3) and (4) of this regulation. Standard Utility Allowance (SUA). An SUA as described in Schedule G of Regulation .45 of this chapter shall be used by a household that: Is billed for heating or for the operation of an air conditioning system or room air conditioner separately from the rent or mortgage payment; Resides in public or private rental housing and: Is billed by the landlord for actual costs of heating or cooling as determined by individual metering; Is charged a flat rate for heating or cooling costs separately from the rent; Is charged for excess usage of heating or cooling costs separately from the rent; or Can prove that it actually pays utility bills of the type described in §B(3)(a) and (b)(i)—(iii) of this regulation that are in someone else's name; or Receives direct or indirect assistance under the Low Income Home Energy Assistance Act of 1981. Limited Utility Allowance (LUA). An LUA as described in Schedule H of Regulation .45 of this chapter shall be used by a household that: Is billed for two or more utilities as described in Regulation .37A(5) of this chapter separately from the rent or mortgage, but not for heat or cooling as described in §B(3) of this regulation; or Resides in public or private rental housing and: Is billed by the landlord for actual usage of the utilities that do not include heat or cooling as determined by individual metering; Is charged a flat rate or for excess usage of utilities that do not include heat or cooling separately from the rent; Is charged for excess usage of utilities that do not include heat or cooling separately from the rent; or Can prove that it actually pays utility bills of the type described in §B(4)(a) and (b)(i)—(iii) of this regulation that are in someone else's name. A household that lives with and shares utilities with other individuals or households is entitled to the SUA or LUA as described in §B(3) and (4) of this regulation. A household that shares utilities between ineligible and eligible household members is entitled to the SUA or LUA as described in §B(3) and (4) of this regulation. Except as described in §B(3)(c) of this regulation, if the cost of a principal heating or cooling source is included in the rent or mortgage payment, the household may be eligible only for the LUA regardless of whether the household uses and pays for supplemental heating equipment. A household that incurs a separate telephone expense but is not entitled to claim a utility allowance shall use the mandatory telephone allowances in Schedule I in Regulation .45 of this chapter even if the actual expense is higher. A household that incurs the cost of only one utility is eligible for the actual cost of the utility. The household shall verify the: Cost of utility that is separate from any payment for rent or mortgage, including monthly charges by landlords for actual utility usage as determined by individual metering; and Number of households that share the cost. Energy Assistance. The local department shall calculate if a household that receives indirect or vendor energy assistance from nonfederal funds is eligible for the SUA by: Prorating the assistance over the season for which the payment is intended to cover, and determining if the household has incurred out-of-pocket heating expenses over the prorated amount in any month in the certification period; Computing the proration by dividing the assistance amount by 5, which is the number of months, November 1—March 31, in the heating season; and Determining if the household meets the out-of-pocket costs and the conditions of §E(1)(a) of this regulation. If a household receives energy assistance that is authorized by federal law and administered by the Department's Maryland Energy Assistance Program (MEAP), to determine the household's eligibility for the SUA, the local department: Need not prorate the MEAP assistance to determine out-of-pocket costs; and Shall deem the full amount of the MEAP payment as an out-of-pocket expense. A household shall report the receipt of all income, including indirect vendor payments, as the time of certification and recertification. An expense covered by an excluded vendor payment is not deductible except for an energy assistance vendor payment administered by MEAP. Calculation. The local department shall: Annualize self-employment income that represents a household's annual income even if the income is received within a short period of time or the household receives income from another source; Calculate self-employment income based on anticipated earnings if the averaged annualized amount does not reflect the household's actual circumstance because the household has experienced a substantial increase or decrease in business; Average self-employment income that is meant to meet the household's needs for only a part of the year over the period of time the income is intended to cover; or Average the income of a business that has been in existence for less than a year over the period of time the business has been in operation. Deduction. The local department shall allow a deduction of 30 percent of the gross receipts of self-employment income as the cost of producing income, with the exception of the self-employment of farmers as described in §C of this regulation. Self-Employed Farmers. If the cost of producing self-employment income exceeds the income derived from a self-employment farming enterprise, the losses shall be offset against any other countable income. To be considered a self-employed farmer, the farmer shall receive or anticipate receiving annual gross proceeds of $1,000 or more from the farming enterprise. The local department shall count the countable income and resources of an individual who resides with the household but has been excluded from the household because the individual is: An ineligible immigrant as described in Regulation .04B(1) of this chapter; Without a Social Security number and has not applied for one as described in Regulation .11 of this chapter; An able-bodied adult without dependents as described in Regulation .04B(4) of this chapter; or Disqualified from the Program as described in Regulation .04B(2)(b)—(d) of this chapter after receiving notice. The local department shall count the entire amount of countable income and resources of the ineligible individual excluded from the household as described in §A(4) of this regulation when calculating the total countable income and resources for the household. Prorated Share. The local department shall count the entire countable resources and the prorated share of the income of the ineligible individual in §A(1)—(3) of this regulation when calculating the total countable income and resources of the household. The prorated share is calculated by subtracting the allowable exclusions and dividing the ineligible individual's remaining income evenly among household members, including the ineligible individual. The prorated share is added to each member's countable income. The prorated deduction is calculated as follows: The 20 percent earned income deduction is applied to the prorated share of the excluded individual's earned income; The share of the household's allowable shelter and dependent care expenses that are paid by or billed to the excluded individual is divided evenly among household members; and The amount of each member's share is counted toward the shelter and dependent care expenses of the household. The local department may not count the ineligible individual when determining: Household size for the benefit level; Household size for the income eligibility standard; or Resource eligibility limit. Treatment of Income and Resources of Nonhousehold Members. The local department may not count the income and resources of an individual who resides with the household as available to the household if the individual is: An ineligible student as described in Regulation .10 of this chapter; or A nonhousehold member as described in Regulation .03D of this chapter. Cash payments from the nonhousehold member to the household are considered income to the household. The local department may not increase a household's allotment during the period the household's benefits received under another means-tested federal, State, or local public assistance program have been reduced, suspended, or terminated due to the household's failure to comply with a requirement of the program that imposed the benefit decrease. The local department shall adjust Program benefits when: Eligible members are added to the FSP household, regardless of any prohibition from receiving benefits for the additional member under another federal, State, or local public assistance means-tested program; or Changes are reported that are not related to a penalty imposed by another federal, State, or local means-tested public assistance program. A household that includes an elderly or disabled member shall meet the net income eligibility standards for the Program in Schedule B of Regulation .45 of this chapter. A household that does not include an elderly or disabled member shall meet both the gross and net income eligibility standards for the Program in Schedules A and B of Regulation .45 of this chapter. Categorically eligible PA or SSI households, as defined in Regulation .12 of this chapter, are not subject to income eligibility standards. The local department shall compute net monthly income in the following manner: Compute gross monthly income; Subtract from the gross self-employment income the amount allowed by Regulation .39B and C of this chapter; Subtract an earned income deduction of 20 percent of gross monthly earned income; Subtract a standard deduction in the amount stated in Schedule E of Regulation .45 of this chapter; Subtract that portion of medical expenses as defined in Regulation .33 of this chapter in excess of $35 per month incurred by a household member who is elderly or disabled as described in Regulation .02B of this chapter; Subtract payments for the actual cost paid by the household to someone outside the household for the care of a child or other dependent as described in Regulation .34 of this chapter; Subtract payments for child support for an individual living outside the home as set forth in Regulation .35 of this chapter; Subtract a homeless shelter allowance as described in Regulation .36 of this chapter for homeless households in the amount stated in Schedule J in Regulation .45 of this chapter; and Subtract any excess shelter cost as follows: Excess shelter cost is calculated as the amount of the shelter cost, as described in Regulation .37 of this chapter, which exceeds 50 percent of the amount of income remaining after the deductions in §§A—H of this regulation are allowed, Subtract the excess shelter cost not to exceed the maximum in Schedule F of Regulation .45 of this chapter, and If the household contains an elderly or disabled member as described in Regulation .02B of this chapter, the total amount of the excess shelter cost is subtracted. The household's monthly allotment shall equal the thrifty food plan for the household's size reduced by 30 percent of the household's net monthly income as calculated in Regulation .43 of this chapter. Calculation. The local department shall: Round up the product of 30 percent times the household's net income to the next whole dollar if it ends in 1 through 99 cents; and Round up to $2, $4, or $6, respectively, if an allotment of $1, $3, or $5 results. Prorating Benefits. The local department shall prorate benefits for an initial month from the day the calculation is required to begin according to Regulation .14I or .18B and C of this chapter, to the end of the month. A household applying on the 31st of a month shall be treated as though it applied on the 30th of the month. The following formula may be used to calculate the initial monthly allotment: If the calculation of the initial monthly allotment yields an allotment of less than $10 for the household, a benefit may not be issued for the initial month. Except during an initial month, all eligible one and two member households shall receive a minimum monthly allotment of $16, and all eligible households with three or more members that are entitled to $1, $3, or $5 allotments shall receive allotments of $2, $4, or $6, respectively. Other than households described in §F of this regulation, an eligible household with three or more members, which is not entitled to benefits except for the proration requirements of §C of this regulation and the provision precluding issuance of less than $10 in an initial month in accordance with §D of this regulation, the local department shall deny the household's application because its net income exceeds the level at which benefits are issued. A household that files a joint public assistance-FSP application and is categorically eligible in accordance with Regulation .12 of this chapter after being denied non-PA benefits shall have its benefits for the initial month prorated from the date from which the public assistance is payable or the date of the original FSP application, whichever is later. Schedules for income and deductions effective October 1, 2009, as established or approved by the United States Department of Agriculture Food and Nutrition Service, are as follows: Household Size A. Gross MonthlyIncome (130% of poverty) B. Net Monthly Income (100% of poverty) C. Elderly and Disabled SeparateHousehold (165% of poverty) D. Maximum Allotment / Thrifty Food Plan 1 $1,174 $ 903 $1,490 $ 200 2 1,579 1,215 2,004 367 3 1,984 1,526 2,518 526 4 2,389 1,838 3,032 668 5 2,794 2,150 3,547 793 6 3,200 2,461 4,061 952 7 3,605 2,773 4,575 1,052 8 4,010 3,085 5,089 1,202 Each Additional Member +406 +312 +515 +150 The standard deduction is: $141 for households of three or fewer individuals; $153 for households of four individuals; $179 or households of five individuals; or $205 or households of six or more individuals. The excess shelter deduction is up to $459; The standard utility allowance (SUA) is $414; The limited utility allowance (LUA) is $250; The mandatory telephone allowance is $37; and The homeless shelter deduction is $143. Certification Period. The local department shall: Certify an eligible household for a definite period of time; and Assign the longest certification period possible, based on the household's circumstances. The first month of the certification period is the first month for which the household is eligible to participate. A certification period: May not exceed 12 months except as described in §A(3)(d) of this regulation; Shall be 4 months or more for: Homeless households; and Migrant and seasonal farm worker households; May not exceed 6 months unless the local department has contact with the household every 6 months and receives a report of changes in circumstances; and May be up to 24 months if: All adult household members are elderly or disabled as described in Regulation .02B of this chapter and have no earned income; and The local department has at least one contact with the certified household every 12 months. The local department may assign 1-month or 2-month certification periods when it appears likely that the household will become ineligible in the near future. The local department shall issue a notice of eligibility to an eligible household, as described in Regulation .16A of this chapter. The local department shall arrange for issuance of an EBT card to an eligible household. Shortening a Certification Period. The local department may not: End a household's certification period earlier than its assigned termination date, unless: The local department receives information that the household has become ineligible; The household has not complied with the requirements of Regulation .49G of this chapter; The household receives transitional benefits as described in Regulation .49H of this chapter; or The household applies for and is approved for another program and the certification period is shortened to align the eligibility periods of all programs; and Use the notice of expiration as described in Regulation .52C of this chapter to shorten a certification period. Shortening a Certification Period. The local department may not: End a household’s certification period earlier than its assigned termination date, unless: The local department receives information that the household has become ineligible; or The household has not complied with the requirements of Regulation 49G of this chapter, The household becomes subject to simplified reporting requirements as described in Regulation .47B of this chapter during an established certification period with more than 6 months remaining; The household receives transitional benefits as described in Regulation .49H of this chapter; or The household applies for and is approved for another program and the certification period is shortened to align the eligibility periods of all programs; and Use the notice of expiration as described in Regulation .52C of this chapter to shorten a certification period. Lengthening a Certification Period. Except as described in §F(3) of this regulation, the local department may lengthen a household's certification period once it is established, as long as the total months of the certification period do not exceed: 24 months for a household in which all adult members are elderly or disabled as described in Regulation .02B of this chapter and who have no earned income; or 12 months for any other household. The local department shall advise the household with a notice of eligibility as described in Regulation .16 of this chapter if the local department lengthens the certification period. The local department may extend the household's certification period to the end of a transitional benefit period established in accordance with Regulation .49H of this chapter. Except as described in §C of this regulation, a household is required to report only when the household's total gross monthly income exceeds 130 percent of the federal poverty rate as described in Regulation .45, Schedule A, of this chapter for the household size at certification. The local department shall act on any change reported to the local department by: The household by way of a personal visit, by telephone, in writing, through SAIL, or by facsimile or other electronic device; An individual in the community; Another State agency such as a quality control or an investigative unit; An electronic match; or An out-of-State agency. An individual subject to the work requirements as described in Regulation .23 of this chapter shall report a reduction of work hours below 20 hours per week. Households shall report a required change not later than 10 days after the end of the calendar month in which the change occurred. The household shall report any change listed in Regulation .47 of this chapter that occurs after the interview but before the date of the notice of eligibility, within 10 days of the date of the notice. PA households that report changes in circumstances on a PA change form are considered to have reported the change for food stamp purposes. When a household circumstance change is reported, the local department shall: Document in the case file the change and the date the change is reported to the local department; Act on the change as described in §§C—F of this regulation if the new circumstance is expected to continue at least 1 month beyond the month in which the change is reported; Notify the household in writing of receipt of the change report and any resulting adjustments to the allotment; Notify the household of any additional verification requirements resulting from the change; Notify the household whenever changes in the PA grant will affect the allotment or certification period; and Provide another change report form. Increase in Benefits. If the change is an addition of a new member who is not a member of another certified household, or a reduction by $50 or more in the household's gross monthly income, the local department shall issue: Any increased benefits not later than the first allotment issued 10 days after the date the change was reported to the local department; or A supplemental authorization for the amount of increase for that month if the report date is too late for the local department to effect an increase in the regular allotment in the month following the report. Increased benefits due a household resulting from a reported change other than those specified in §B(1) of this regulation are effective not later than the first allotment issued 10 days after the date the change was reported. Verification of Changes. The local department shall obtain required verification before taking action on a change which increases benefits. The household is allowed 10 days from the date the change is reported to provide verification. If the household: Provides verification within 10 days from the date the change is reported, the time frame for taking action as described in §B of this regulation begins on the date the change is reported; or Fails to provide verification within 10 days from the date the change is reported, the time frame for taking action as described in §B of this regulation begins on the date the verification is provided. The local department shall terminate benefits following the issuance of a notice of adverse action if the household refuses to cooperate in providing verification of the change. If the local department fails to issue the increased benefits within the time limits provided in §§B and C of this regulation, it shall restore the benefits lost to the household. Decreases in Benefits. If the household's benefit level decreases or the household becomes ineligible as a result of a reported change, the local department shall: Issue a notice of adverse action within 10 days of the date the change was reported; Make the decrease or termination effective not later than the regular allotment for the month following the month in which the notice period expired, unless the household requested a fair hearing and continuation of benefits; and Obtain required verification before recertification. Unclear Information. When the local department receives information about a change in a household's circumstances during the certification period and cannot readily determine the effect of the change on the household's benefit amount, the local department shall issue a written request for contact that: Clearly advises the household of the verification it must provide or the action it must take to clarify its circumstances; Provides the household with at least 10 days to respond and to clarify its circumstances; and States the consequences if the household fails to respond to the request for contact. The local department shall issue a notice of adverse action as described in Regulation .51 of this chapter if the household: Does not respond to the request for contact; or Responds to the request for contact and refuses to provide sufficient information to clarify its circumstances. If the household responds to the request for contact and provides sufficient information, the local department shall act on any change as described in §§A—F of this regulation. Transitional FSP Benefits. Except as described in §H(4) and (5) of this regulation, after the termination of a Temporary Cash Assistance (TCA) benefit the local department shall provide transitional FSP benefits for 5 months after the date on which the TCA benefit was terminated. Amount of the Benefit. During the transitional benefit period, a household shall receive an amount of Program benefits equal to the allotment received in the month immediately before the date on which the TCA benefit was terminated, adjusted for the change in household income as a result of the loss of the TCA benefit. Continued Eligibility after the Transitional Benefit Period. To continue to receive Program benefits beyond the transitional benefit period the household shall cooperate in a recertification of eligibility as described in Regulation .52 of this chapter. The local department may initiate a new certification period for the household receiving transitional benefits regardless of whether the prior certification period has expired. A household may not receive transitional benefits as described in §H(1) and (2) of this regulation if the household: Did not receive a TCA benefit for at least 1 month prior to the month in which the TCA benefit ended; or Lost TCA or Program eligibility because of: Failure to comply with a TCA eligibility requirement, as described in COMAR 07.03.03.19; Failure to comply with work requirements as described in Regulations .21—.24 of this chapter; Disqualification for an intentional program violation as described in Regulation .56 of this chapter; Status as an individual fleeing to avoid prosecution, custody, or confinement after conviction for a crime, or attempt to commit a crime, that is a felony, for the period the individual is fleeing; Ineligible immigrant status as described in Regulation .09 of this chapter; A transfer of assets as described in Regulation .29 of this chapter; or The household's move out of the State. Application for Recertification. During the transitional benefit period the household may apply for recertification at any time. If a household applies for recertification as described in §H(5)(a) of this regulation, the local department shall determine benefits for subsequent months without regard to §H of this regulation. The transitional benefit period shall end if: A household member applies for Program benefits in another household during the transitional benefit period; or The household reapplies for and is found eligible for TCA during the transitional benefit period. If the local department discovers during the certification period that the household failed to report a required change, and, as a result the household received benefits for which it was not entitled, the local department shall reduce or terminate the allotment after sending the notice of adverse action. The local department shall establish a claim against the household if the household received benefits to which it was not entitled as specified in Regulation .54 of this chapter. The local department may not establish a claim against a household for not reporting a change not required to be reported. Definitions. In this regulation, the following terms have the meanings indicated. Terms Defined. “Timely” means that the notice is sent at least 10 calendar days before the action is taken. “Adequate” means that the notice includes: The action to be taken; The reason for the action; A notice of the household's right to and the method for requesting a fair hearing; and The availability of any free legal services. Timely and Adequate Notice. Before taking any action to reduce or terminate a household's benefits within the certification period, the local department shall give timely and adequate notice. The local department may send an adequate notice not later than the date the household receives or would have received its allotment if the: Household reports in writing information which results in reduction or termination of benefits; and Local department can determine the household's allotment or ineligibility solely upon the household's written information. When an EBT system error occurs during the redemption process which results in an out-of-balance settlement condition, the Department shall send adequate notice not later than the date of the action to adjust the account. Request for a Fair Hearing and Continuation of Benefits. If the household requests a fair hearing within 10 days of the notice of intended action as described in §B of this regulation and does not specifically waive continuation of benefits, the local department: May not take the proposed adverse action; and Shall continue the allotment at the same level pending the hearing decision but not beyond the end of the certification period. A fair hearing request is effective if it is received in the local department as specified in COMAR 07.01.04.03F. EBT Adjustments. If there are no benefits or insufficient benefits remaining in the household's account, the Department shall make the adjustment from only the next month's benefits regardless of whether this satisfies the full adjustment amount. An individual notice of adverse action may not be provided to a household when: The Department initiates a mass change that affects the entire Program caseload or a significant portion of the caseload; The local department determines that all members of a household have died; The local department determines that the household has moved from the local department area; The benefit returns to its original level when restoration of lost benefits has been completed and the household was previously notified in writing of the date the increased allotment would end; The household was notified at certification that its benefits would vary from month to month; The household made a joint PA-FSP application and has been receiving Program benefits, and was notified at certification that Program benefits would be reduced upon approval of the PA application; A household member is disqualified for intentional program violation, or the benefits of the remaining household members are reduced or terminated; A household certified on an expedited basis fails to provide postponed verification after the local department provided written notice that verification was necessary for benefits to continue beyond the month of application; The local department converts an allotment from cash and Program benefit repayment to allotment reduction as a result of the household's failure to make agreed upon payments as specified in Regulation .55 of this chapter; The local department terminates the eligibility of a resident of a drug or alcoholic treatment center or group living arrangement because the facility either lost its certification from the State or had its status as an authorized representative food retailer suspended by the United States Department of Agriculture, Food and Nutrition Service; or The household voluntarily requests, in writing or in the presence of a caseworker, that its participation be terminated. A household may not participate beyond the expiration of the assigned certification period as described in Regulation .46 of this chapter without a determination of eligibility for a new period. The local department shall provide the household with a notice of expiration of its certification period at least 1 day before the last month of the household's certification period but not earlier than the next to last month of the certification period except that: A household certified for 2 months or less shall be provided the notice of expiration at the time of certification; and The local department need not send a separate notice of expiration to a PA household if its Program recertification coincides with its PA redetermination. The notice of expiration shall include the: Date the current certification period ends; Date by which the household shall file an application in order to receive uninterrupted benefits; Household's right to file an application and the right to file the application by mail or through an authorized representative; Telephone number and address of the local department and the name of an individual to contact for additional information; Consequences of failure to comply with the notice of expiration; Right to a fair hearing; Right of a household consisting of SSI applicants or recipients to apply for recertification at an office of the Social Security Administration; Notification to the household that to receive uninterrupted benefits the household shall: Appear for any interview scheduled on or after the date the application is timely filed, and Complete the processing steps of the interview and provide all required verification; Notification, if applicable, of the number of days the household has for submitting missing verification after the agency informs the household of any further verification needed to receive uninterrupted benefits; and Notification to the household that it is responsible for rescheduling any missed interviews. Interview at Recertification. As part of the recertification process, the local department shall: Conduct an interview with a member of the household or its authorized representative at least once every 12 months for households certified for 12 months or less; Waive the face-to-face interview for hardship situations as described in Regulation .15C of this chapter; and Schedule any required interview so that the household has at least 10 days after the interview in which to provide verification before the certification period expires. If a household misses its scheduled interview, the local department shall: Send the household notice of the missed interview; and Schedule a second interview if the household requests another interview. Delays in Processing a Recertification. If the household files a complete application for recertification by the date set by the local department, but the local department is unable to determine eligibility in time to provide uninterrupted benefits, the local department shall: Provide benefits to an eligible household retroactive to the expiration of the previous certification period; and Set a new certification period to begin with the expiration of the previous period. If the household files an application within 30 days after the end of the certification period the: Application is considered an application for recertification; and Benefits are prorated as described in Regulation .44C of this chapter. The local department shall restore lost benefits when: An error is caused by the local department or by the Social Security Administration during joint processing; or An administrative disqualification is subsequently reversed by a court decision. The local department may not restore benefits for more than 12 months before the earlier of the date that the local department: Receives a request for restoration from a household; or Discovers or is notified that a loss of benefits has occurred. The local department may not restore lost benefits for a household's: Failure to file a timely recertification application; Missing an interview; or Otherwise not completing some aspect of the recertification process. The local department shall restore benefits described in §A of this regulation even if the household is currently ineligible. If the local department knows that the household is entitled to restoration of benefits, the local department shall automatically restore them without requiring further action by the household. If the household was eligible but received an incorrect allotment, the loss of benefits may be only for those months in which the household participated. If the loss was caused by incorrect delay, denial, or termination, the household's lost benefits shall be calculated beginning with the first month that the delay, denial, or termination occurred, but not for more than 12 months. After the local department computes the date the loss initially occurred, the loss shall be calculated for each month after the date until either the: Error is corrected; or Household is found ineligible for any reason. For each month affected by the loss, the local department shall: Determine if the household was actually eligible; Advise the household if the case record cannot document eligibility; and Consider the household ineligible if the household cannot establish eligibility. If the household received a smaller allotment than it was eligible to receive, the local department shall restore the difference between the actual and the correct allotment. The local department shall offset restored benefits against any overissued benefits owed by the household, except that an initial allotment may not be reduced to offset claims even if the initial allotment is paid retroactively. If the decision to disqualify is subsequently reversed, individuals disqualified for IPV are entitled to restoration of lost benefits during the months that they were disqualified. The amount to be restored is determined by including the disqualified member. Method of Restoration. The local department shall restore lost benefits by issuing an allotment equal to the amount of lost benefits. Lost benefits may be issued in installments at the household's request. The local department shall notify the household in writing of: The favorable decision; The amount of benefits to be restored; Any offsetting that was done; The method of restoration; and The right to and the method for requesting a fair hearing. The local department shall restore benefits to: The household that contains a majority of the individuals who were household members at the time the loss occurred; or If this household cannot be located, the household containing the head of the household at the time the loss occurred. Disputed Benefits. If the household disagrees with the amount restored or the household requests restoration of lost benefits and the local department determines that no restoration is due: The household has 90 days from the date the notice described in §N of this regulation is sent to request a fair hearing; and If the fair hearing decision is favorable to the household, the local department shall restore benefits in accordance with the decision. A recipient claim is an amount owed because of benefits that are: Overpaid; or Trafficked. The local department shall establish and collect a claim in accordance with this regulation and Regulation .55 of this chapter, regardless of whether the local department meets the timeframe described in §I(1) of this regulation. The following individuals are responsible for paying a claim: Any individual who was an adult member of the household when the overpayment or trafficking occurred; A sponsor of an immigrant household member if the sponsor was at fault; or An individual connected to the household, such as an authorized representative, who actually trafficked or otherwise caused an overpayment. The local department shall establish a claim against a household that has received more Program benefits than it was entitled to receive, except when the overissuance occurred because the: Local department failed to ensure that the household: Signed the application form, Completed a current work registration form, or Was certified in the correct local department area; or Local department discovered the administrative error or inadvertent household error that caused the overissuance more than 12 months after the month of the occurrence. The local department shall categorize claims as an: Administrative error (AE); Inadvertent household error (IHE); or Intentional program violation (IPV). Beginning with the date of the discovery of the overissuance, the local department shall include in its calculation of the amount of overissuance any issuance for the: 12 preceding months, in the case of an AE or an IHE; and 6 preceding years, in the case of an IPV. Calculating the Amount of a Claim not Related to Trafficking. The local department shall determine the correct allotment that the household was entitled to receive in each month in the periods described in §E of this regulation. The overissued amount is the difference between the allotment the household received and the amount it would have received if information had been known and acted on in a timely manner. The earned income deduction as set forth in Regulation .32 of this chapter is not applied when determining an overissuance due to the failure of a household to report earned income in a timely manner. The first month of the overissuance: Is the month: In which the change in allotment would have been effective had it been reported; or The local department should have effected a change in the allotment had it acted in a timely manner; and May not be later than 2 months from the month in which the change in household circumstances occurred. Trafficking Related Claims. A claim arising from a trafficking related offense is the value of the trafficked benefit as determined by: The individual's admission; Adjudication; or The documentation that forms the basis for the trafficking determination. The local department: Shall establish a claim before the last day of the quarter following the quarter in which the: Overpayment was discovered; or Trafficking incident was determined as described in §G of this regulation; and Need not establish a claim if the claim referral is $125 or less, unless: The household is currently participating in the Program; or The claim was established in a quality control review. Claim Processing. The local department shall initiate collection on all established claims unless the claim is collected through an offset of benefits not yet restored as required in Regulation .53 of this chapter. The local department shall initiate collection action by sending a demand letter to the household which contains language stating: The amount owed; The reason for the claim; The period the claim covers; Any offsetting that was done to reduce the claim; The methods available to the household for repaying the claim; The household's right to a fair hearing, if the household disagrees with the amount of the claim; Notice of the availability of free legal representation; The length of time the household has to respond to the letter by returning the signed copy; That allotment reduction shall be initiated if a participating household fails to make restitution, and the methods to be used in allotment reduction; That the local department may reduce the claim if the local department believes the household is not able to repay the claim; That if the claim is not paid, the local department may: Send the claim to other collection agencies; or Refer the claim to the federal government for federal collection action; How the claim was calculated; and That if the claim becomes delinquent as described in Regulation .55E of this chapter, the household may be subject to additional claim processing fees. Repayment Agreements. A repayment agreement for a claim shall: Include due dates for repayment or time frames for the submission of payments; and Specify that the household will be subject to involuntary collection action if the payment is not received by the due date and the claim becomes delinquent as described in Regulation .55E of this chapter. The local department shall collect payment for a claim against a household as described in this regulation. Lump Sum. The household may pay the claim in a lump sum that is a full or a partial payment of the claim made in: Program benefits; Cash; or A combination of both. Installments. The household may choose monthly installments of a negotiated amount. When a household is currently participating, the negotiated monthly amount for repayment may not be less than the amount specified in §D of this regulation. Reduction in Allotment. Unless a payment schedule has been negotiated, the local department shall reduce the household's allotment to recover any amount of a claim not repaid through a lump sum as follows: For an AE or IHE, an allotment reduction of the greater of $10 or 10 percent of the household's monthly allotment; or For IPV, an allotment reduction of the greater of $20 or 20 percent of the household's monthly allotment. Determining Delinquency. A claim is considered delinquent if: The claim has not been paid by the due date and a satisfactory payment arrangement has not been made; or A payment agreement has been established and a scheduled payment has not been made by the due date. A claim is not considered delinquent if: Another claim for the same household is currently being paid through an installment agreement or allotment reduction; The local department cannot determine delinquency status because collection is coordinated through the courts; or The claim is awaiting fair hearing decision. Treasury Offset Program. The local department or the Department of Budget and Management, Central Collection Unit, shall submit claims that are delinquent for 180 days or more and legally enforceable for collection from federal payments which include, but are not limited to: Income tax refunds; Federal salaries; or Retirement benefits. Local Department Action on Claims. The local department shall: Send a demand letter for repayment as described in Regulation .54K of this chapter; and Reduce the allotment as described in §D of this regulation for a household that is participating in the Program. If a household responds to the demand letter, but fails to comply with its repayment agreement according to §C of this regulation, the local department shall: Send a notice that no payment or a lesser payment was received and that: The household has a right to discuss renegotiation, and Unless the household makes the overdue payments or contacts the local department, the allotment of a currently participating household against which a claim has been established may be reduced without an adverse action notice; Initiate allotment reduction for currently participating households if there is no response to the notice; and Take no further action if the household responds to the notice and makes a payment and states that it will continue to do so based on the existing agreement. The local department shall repay to the household any overpaid claims by whatever method the local department considers appropriate, according to the household's circumstances. The local department may choose other appropriate collection action, including referral to the Department of Budget and Management, Central Collection Unit when efforts by the local department have failed. The local department may not require the household to liquidate its resources to make the repayment. Terminating and Writing Off Claims. Definitions. In this section, the following terms have the meanings indicated: “Terminated claim” means a claim in which all collection action has ceased. “Written off claim” means the claim is no longer subject to continued federal or State collection and reporting requirements. The local department shall terminate and write off a claim when: The claim is invalid; All adult household members die; It is not cost effective to pursue the claim because: The claim balance is $25 or less; The claim has been delinquent for 90 days or more; and There are no other claims against the household resulting in a total of greater than $25; or The claim is delinquent for 3 years or more and the local department or the Department of Budget and Management, Central Collection Unit, does not plan to pursue the claim through the Treasury Offset Program as described in §F of this regulation. The local department may terminate and write off a claim if the household cannot be located. Changes in Household Composition. The local department shall initiate collection action against any adult members of a household at the time an overissuance occurred. In pursuing a claim, a local department may: Pursue collection action against any household that has an adult member that received the overissuance; Offset an amount of the claim against restored benefits owed to any household which contains an adult member of the original household at the time the overissuance occurred; Use any of the appropriate methods of collecting payments listed in §§B—F of this regulation; and Not collect more than the amount of the claim. The local department shall investigate and refer any suspected cases of an IPV for an administrative disqualification hearing according to COMAR 07.03.10. The local department may replace Program benefits when food purchased with Program benefits has been destroyed in a verified household misfortune. A household may use Program benefits to purchase eligible foods as described in Regulation .02B of this chapter or to enable the household to participate in a nonprofit cooperative or a meal service. A household may not use Program benefits to buy: Alcoholic beverages; Tobacco or cigarettes; Household supplies, soaps, and paper products; Medicine or vitamins; Any other non-food items; Food that will be eaten in the store; Hot foods that are ready to eat unless bought from an authorized homeless meal provider in accordance with Regulation .59 of this chapter; or Pet food. The retail food store may: Request the purchaser to present identification when exchanging Program benefits for eligible food; and Deny the exchange if the retail food store is not convinced the purchaser has the right to use the Program benefits. The household may use benefits only for eligible food purchased at the time the benefits are presented. A household may not use benefits to pay for any eligible food before receipt except when prior payment is for food purchased from a nonprofit cooperative or meal service. Appeals. The local department shall give written notice of the right to, and the procedures for, requesting and obtaining a fair hearing to each applicant, recipient, household, or authorized representative: At the time of application; and Whenever the local department notifies the applicant or recipient of any action which might deny, delay, suspend, reduce, or terminate benefits. The appeal procedures are set forth in COMAR 07.01.04. Complaints of Discrimination. An applicant, recipient, household, authorized representative, or individual acting on behalf of a client who believes the local department has discriminated on the basis of age, race, color, sex, disability, religion, national origin, retaliation, or political beliefs may file a written complaint in accordance with COMAR 07.01.03.08. Approval and Authorization of Homeless Meal Providers. To accept Program benefits in payment for meals, the homeless meal provider shall be approved by the local department and authorized by the United States Department of Agriculture, Food and Nutrition Service (FNS). The local department shall approve in writing the establishment or shelter as a homeless meal provider upon evidence that the establishment or shelter serves meals to homeless individuals. An approved homeless meal provider shall apply to the FNS local field office for authorization as a retail food store in order to accept Program benefits from homeless individuals. The requirements for approval are as follows: Provide to the FNS the written approval received from the local department; Be a public or private nonprofit organization as defined by the Internal Revenue Code; Serve meals which include food purchased by the meal provider; and Provide all data on the nature and scope of operations that may be requested by the FNS. In this regulation, average cost is determined by averaging food costs over a period of up to 1 calendar month. After receipt of the FNS authorization, the authorized homeless meal provider shall: Request only voluntary use of Program benefits from a homeless FSP patron; Establish that the FSP patron is homeless and thus has the right to purchase meals from an authorized homeless meal provider with Program benefits; Limit the payment requested for the meal to not exceed the average cost of the food purchased by the homeless meal provider; and Provide the option to a FSP patron to eat free or make a donation in cash or Program benefits if other patrons have the option of eating free or making a monetary donation. The meal provider may accept voluntary payments by Program recipients in excess of average cost. Exclusion of Costs. To determine the amount to be requested from the Program recipient, the meal provider may not consider: The value of donated food from any source; or Indirect costs, such as those incurred in the acquisition, storage, or preparation of the food used in meals. A homeless meal provider may not act as an authorized representative for a homeless Program recipient. The Maryland Senior Nutrition Assistance Program (MSNAP) is a 5-year demonstration project approved by the United States Department of Agriculture Food and Nutrition Service. Household Composition. The definition of a household eligible to participate in this project is an individual who the Social Security Administration has determined is eligible for SSI, and: Is 60 years old or older; Is not currently receiving Food Supplement Program benefits; Is living alone or if living with others is purchasing and preparing meals alone; Has no earned income; and Is a Maryland resident. Application Process. The Department shall: Identify individuals eligible for the MSNAP through a match with Social Security Administration files that identify individuals who meet the MSNAP criteria, but who are not receiving Program benefits; and Send an application to households that meet the criteria as described in §B of this regulation. The local department shall process applications without an interview unless information is questionable as described in Regulation .20 G of this chapter, in which case a case manager shall complete a telephone interview. Benefits begin the first day of the month in which the local department receives the MSNAP application. An individual may not apply for MSNAP unless identified as described in §C(1)(a) of this regulation. The expedited service provisions of Regulation .19 of this chapter do not apply to applicants for MSNAP. Certification Period. The local department shall certify the household for 36 months. Verification. MSNAP income verification requirements will be fulfilled by using data verified under SSI regulations. Unless information is questionable as described in Regulation .20G, the local department may not verify shelter costs. Allotment Amount. The allotment amount is one of two amounts based on the household’s shelter cost, including the appropriate utility allowance, as described in Regulation .45G and H of this chapter. The allotment for a household with a shelter cost of $505 or less is $80. The allotment for a household with a shelter cost of $506 or greater is $125. Reporting Changes. The local department: May not require an individual who receives MSNAP benefits to report changes during the certification period; and Shall take action on changes reported: Through a data match with Social Security Administration files; or By the household. Opt Out Provision. MSNAP applicants may apply for the regular Food Supplement Program instead of the MSNAP. Purpose. The Maryland Restaurant Meals Program provides elderly, disabled, and homeless SNAP recipients with the option to use their benefits to purchase hot, prepared foods from restaurants that have been approved by the Administration to participate in the program. Definitions. In this regulation, the following terms have the meanings indicated. Terms Defined. “Administration” means the Family Investment Administration of the Department of Human Services. “FNS” means the United States Department of Agriculture Food Nutrition Service. “MOU” means memorandum of understanding. “Program” means the Restaurant Meals Program. “Restaurant” is defined as a private for-profit establishment where meals are sold and served to customers, including in store delis or delicatessens and food trucks. The Restaurant Application Process. A restaurant shall submit a complete Restaurant Meals Program application to the Administration. A complete Program application shall include: A completed MOU form; and A completed U.S. Department of Agriculture Supplemental Nutrition Assistance Program Application for Meal Services form. Once an application is received by the Administration, the Administration shall review a restaurant’s application for completion and accuracy. Incomplete Application. The Administration will notify the applicant of all missing information by issuing a request for additional information within 30 days of application receipt. If the applicant does not provide the requested information within 10 calendar days from the date of a request for information, the Administration shall deny the application. Once the Administration determines an application is accurate and complete, it will forward the application to FNS for review and authorization. If FNS does not authorize the restaurant to accept SNAP benefits, the Administration shall deny the application. If FNS does authorize the restaurant to accept SNAP benefits: The effective date of the MOU will be the date FNS provides its authorization for the restaurant; The Administration shall insert the effective date on the MOU, which will then execute the MOU; and The executed MOU will be mailed to the restaurant. Participating restaurants: Shall have an executed MOU with the Administration. One MOU may be executed for restaurants applying for multiple locations, provided that all restaurants are under the same ownership or structure; Shall be authorized by FNS; Shall offer meals at concessional prices by: Serving meals that cost less than that which would be charged to customers not using SNAP benefits with a sales price at least 10 percent less than the sales price charged to customers who are not using SNAP benefits to pay for similar meals; Serving meals already discounted for certain customers; or Serving meals offered to all customers at advertised special or sale prices; Shall be fully accessible to the disabled; Shall have more than 50 percent of total sales in food; May not be set exclusively for carry-out; Shall collect SNAP benefits at the time of meal delivery; May not be operating as a bar or tavern; Shall post a sign notifying the public of the restaurant’s participation in the program; May not charge, include, or otherwise collect a service gratuity for any food or meals sold to an individual participating in the program; May not charge, include, or otherwise collect a sales or meals tax for any food or meal sold to an individual participating in the program; and May not allow individuals participating in the program to purchase alcoholic beverages with SNAP benefits. Household Eligibility. An eligible household under this section may purchase hot, prepared foods at participating restaurants using SNAP benefits. A household is eligible to participate in the RMP if the household is eligible to receive food supplement program benefits under State and federal law, and the household: Lacks a fixed, regular, and adequate nighttime residence; Includes only individuals who are: 60 years old or older; or Designated disabled by a government entity; Includes only an individual and the individual's spouse if the individual is: 60 years old or older; or Designated disabled by a government entity; or Includes only: Individuals who are 60 years old or older; and Individuals who are designated disabled by a government entity. Determining Household Eligibility. The Administration shall review a household for program eligibility: During the initial application for SNAP benefits; and Each time the house is recertified or reporting a change. Notification of Household Eligibility. The Administration shall notify the household of its program eligibility. The Administration shall notify the household if its program eligibility is discontinued and the reason for the discontinuation. Fair Hearing Process. The Administration shall provide notification of the right to and the procedures for requesting and obtaining a fair hearing to each applicant or recipient whenever the Administration notifies the applicant or recipient of any action which might deny, delay, suspend, reduce, or terminate assistance. The appeal procedures are set forth in COMAR 07.01.04. Human Services Article, §§5-207, 5-501, and 5-604; State Government Article, §8-206; Annotated Code of MarylandFederal Regulatory Reference—7 CFR §§271—274 Effective date: May 16, 1988 (15:10 Md. R. 1200) Regulation .02B amended effective November 14, 1988 (15:23 Md. R. 2657); November 20, 1994 (21:23 Md. R. 1931); January 2, 1995 (21:26 Md. R. 2184); July 31, 1995 (22:15 Md. R. 1118); July 23, 2001 (28:14 Md. R. 1320) Regulation .03A amended effective November 14, 1988 (15:23 Md. R. 2657); November 20, 1994 (21:23 Md. R. 1931); January 2, 1995 (21:26 Md. R. 2184) Regulation .03A-1 adopted effective July 31, 1995 (22:15 Md. R. 1118) Regulation .03B amended effective November 20, 1994 (21:23 Md. R. 1931) Regulation .03D amended effective July 31, 1995 (22:15 Md. R. 1118) Regulation .03E amended effective November 20, 1994 (21:23 Md. R. 1931) Regulation .04I adopted effective November 20, 1994 (21:23 Md. R. 1931) Regulation .06D amended effective November 20, 1994 (21:23 Md. R. 1931) Regulation .06F adopted effective November 14, 1988 (15:23 Md. R. 2657) Regulation .07A amended effective May 1, 1989 (16:8 Md. R. 908) Regulation .07B amended effective October 1, 1995 (22:18 Md. R. 1398) Regulation .07C amended effective May 1, 1989 (16:8 Md. R. 908); May 23, 1994 (21:10 Md. R. 842); November 20, 1994 (21:23 Md. R. 1931); January 2, 1995 (21:26 Md. R. 2184) Regulation .07J amended effective November 20, 1994 (21:23 Md. R. 1931); January 2, 1995 (21:26 Md. R. 2184) Regulation .07K amended effective January 2, 1995 (21:26 Md. R. 2184) Regulation .07N adopted effective October 1, 1995 (22:18 Md. R. 1398) Regulation .08B amended as an emergency provision effective July 1, 1989 (16:14 Md. R. 1563); emergency status expired January 1, 1990 (Emergency provisions are temporary and not printed in COMAR) Regulation .08B amended effective January 22, 1990 (17:1 Md. R. 68); July 31, 1995 (22:15 Md. R. 1118) Regulation .08E amended effective July 31, 1995 (22:15 Md. R. 1118) Regulation .09A amended effective July 31, 1995 (22:15 Md. R. 1118) Regulation .10D-1 adopted effective October 1, 1996 (23:19 Md. R. 1373) Regulation .10F amended effective January 2, 1995 (21:26 Md. R. 2184); October 1, 1995 (22:18 Md. R. 1398) Regulation .10G amended effective January 2, 1995 (21:26 Md. R. 2184) Regulation .10H amended effective November 20, 1994 (21:23 Md. R. 1931) Regulation .10J amended effective May 1, 1989 (16:8 Md. R. 908); November 20, 1994 (21:23 Md. R. 1931); January 2, 1995 (21:26 Md. R. 2184) Regulation .11A amended effective November 14, 1988 (15:23 Md. R. 2657) Regulation .14A, C amended effective October 1, 1995 (22:18 Md. R. 1398) Regulation .15C amended effective May 1, 1989 (16:8 Md. R. 908) Regulation .16D amended effective November 14, 1988 (15:23 Md. R. 2657) Regulation .18 repealed and new Regulation .18 adopted effective April 2, 1990 (17:6 Md. R. 740) Regulation .19B amended effective November 14, 1988 (15:23 Md. R. 2657) Regulation .19F amended effective November 14, 1988 (15:23 Md. R. 2657) Regulation .23 adopted effective November 14, 1988 (15:23 Md. R. 2657) Regulation .24 adopted effective February 20, 1989 (16:3 Md. R. 341) Chapter revised effective September 22, 1997 (24:19 Md. R. 1339) Regulation .03 amended effective January 26, 1998 (25:2 Md. R. 75) Regulation .07C, G amended effective January 26, 1998 (25:2 Md. R. 75) Regulation .14A amended effective January 26, 1998 (25:2 Md. R. 75) Regulations .01—.24 repealed and new Regulations .01—.59 adopted effective December 25, 2000 (27:25 Md. R. 2280) Chapter revised effective July 23, 2001 (28:14 Md. R. 1320) Regulation .09 amended as an emergency provision effective November 1, 2001 (28:24 Md. R. 2122); amended permanently effective March 18, 2002 (29:5 Md. R. 502) Regulation .09 amended effective November 25, 2002 (29:23 Md. R. 1810); April 1, 2003 (30:6 Md. R. 419); October 27, 2003 (30:21 Md. R. 1528) Regulation .19 amended effective November 25, 2002 (29:23 Md. R. 1810) Regulation .20 amended effective October 27, 2003 (30:21 Md. R. 1528) Regulation .20G adopted as an emergency provision effective November 1, 2001 (28:24 Md. R. 2122); amended permanently effective March 18, 2002 (29:5 Md. R. 502) Regulation .21A amended effective October 27, 2003 (30:21 Md. R. 1528) Regulation .22 amended effective October 27, 2003 (30:21 Md. R. 1528) Regulation .23 amended as an emergency provision effective November 1, 2001 (28:24 Md. R. 2122); amended permanently effective March 18, 2002 (29:5 Md. R. 502) Regulation .24 amended effective October 27, 2003 (30:21 Md. R. 1528) Regulation .25 amended effective November 25, 2002 (29:23 Md. R. 1810) Regulation .26 amended as an emergency provision effective November 1, 2001 (28:24 Md. R. 2122); amended permanently effective March 18, 2002 (29:5 Md. R. 502) Regulation .26C amended effective April 1, 2003 (30:6 Md. R. 419) Regulation .27 amended as an emergency provision effective November 1, 2001 (28:24 Md. R. 2122); amended permanently effective March 18, 2002 (29:5 Md. R. 502) Regulation .27 amended effective October 27, 2003 (30:21 Md. R. 1528) Regulation .28 repealed and new Regulation .28 adopted as an emergency provision effective November 1, 2001 (28:24 Md. R. 2122); adopted permanently effective March 18, 2002 (29:5 Md. R. 502) Regulation .30B amended effective October 27, 2003 (30:21 Md. R. 1528) Regulation .30C amended as an emergency provision effective November 1, 2001 (28:24 Md. R. 2122); amended permanently effective March 18, 2002 (29:5 Md. R. 502) Regulation .30C, D amended effective October 27, 2003 (30:21 Md. R. 1528) Regulation .31 amended effective October 27, 2003 (30:21 Md. R. 1528) Regulation .38C amended as an emergency provision effective November 1, 2001 (28:24 Md. R. 2122); amended permanently effective March 18, 2002 (29:5 Md. R. 502) Regulation .40 amended as an emergency provision effective November 1, 2001 (28:24 Md. R. 2122); amended permanently effective March 18, 2002 (29:5 Md. R. 502) Regulation .45 amended as an emergency provision effective November 1, 2001 (28:24 Md. R. 2122); amended permanently effective March 18, 2002 (29:5 Md. R. 502) Regulation .45 amended effective November 25, 2002 (29:23 Md. R. 1810); February 17, 2003 (30:3 Md. R. 177); April 1, 2003 (30:6 Md. R. 419) Regulation .46 amended as an emergency provision effective November 1, 2001 (28:24 Md. R. 2122); amended permanently effective March 18, 2002 (29:5 Md. R. 502) Regulation .46E, F amended effective February 17, 2003 (30:3 Md. R. 177) Regulation .47 amended as an emergency provision effective November 1, 2001 (28:24 Md. R. 2122); amended permanently effective March 18, 2002 (29:5 Md. R. 502) Regulation .47A amended effective October 27, 2003 (30:21 Md. R. 1528) Regulation .47A, B amended effective April 1, 2003 (30:6 Md. R. 419) Regulation .48 amended effective October 27, 2003 (30:21 Md. R. 1528) Regulation .48B amended effective April 1, 2003 (30:6 Md. R. 419) Regulation .49A amended effective October 27, 2003 (30:21 Md. R. 1528) Regulation .49H adopted effective February 17, 2003 (30:3 Md. R. 177) Regulation .51A amended effective February 17, 2003 (30:3 Md. R. 177) Chapter revised effective September 12, 2005 (32:18 Md. R. 1518) Regulation .04C amended effective October 24, 2005 (32:21 Md. R. 1706) Regulation .15B-1 adopted effective November 19, 2007 (34:23 Md. R. 2026) Regulation .23B amended effective November 19, 2007 (34:23 Md. R. 2026) Regulation .24A amended effective November 19, 2007 (34:23 Md. R. 2026) Regulation .30D amended effective November 19, 2007 (34:23 Md. R. 2026) Regulation .38B amended effective November 19, 2007 (34:23 Md. R. 2026) Regulation .45 amended effective November 19, 2007 (34:23 Md. R. 2026) Regulation .46E amended effective November 19, 2007 (34:23 Md. R. 2026) Regulation .47A amended effective November 19, 2007 (34:23 Md. R. 2026) Chapter revised effective December 14, 2009 (36:25 Md. R. 1953) Regulation .02B amended effective November 15, 2010 (37:23 Md. R. 1609) Regulation .15 amended effective November 15, 2010 (37:23 Md. R. 1609) Regulation .23 amended effective November 15, 2010 (37:23 Md. R. 1609) Regulation .30B, C amended effective June 22, 2015 (42:12 Md. R. 761) Regulation .32 amended effective June 22, 2015 (42:12 Md. R. 761) Regulation .39B amended effective June 22, 2015 (42:12 Md. R. 761) Regulation .45 amended effective November 15, 2010 (37:23 Md. R. 1609) Regulation .49H amended effective November 15, 2010 (37:23 Md. R. 1609) Regulation .56 amended effective May 12, 2014 (41:9 Md. R. 520) Regulation .60 adopted effective November 15, 2010 (37:23 Md. R. 1609) Regulation .61 adopted effective July 16, 2020 (47:14 Md. R. 674) Effective date: Regulations .01—.05 adopted as an emergency provision effective March 31, 1989 (16:8 Md. R. 904); adopted permanently effective July 24, 1989 (16:14 Md. R. 1568) Regulation .01 amended effective August 11, 1997 (24:16 Md. R. 1159) Regulation .02B amended effective August 11, 1997 (24:16 Md. R. 1159) Regulation .04 amended effective August 11, 1997 (24:16 Md. R. 1159) Regulation .05 repealed and new Regulations .05—.11 adopted effective August 11, 1997 (24:16 Md. R. 1159) Regulation .05C amended effective August 24, 1998 (25:17 Md. R. 1359) Regulation .11 A, D amended effective August 24, 1998 (25:17 Md. R. 1359 Chapter repealed effective April 5, 1999 (26:7 Md. R. 540) Effective date: Regulations .01—14 adopted as an emergency provision effective July 1, 1989 (16:14 Md. R. 1563); emergency status extended at 17:3 Md. R. 293 (February 9, 1990), 17:16 Md. R. 1984 (August 10, 1990), and 18:1 Md. R. 26 (January 11, 1991) Regulations .01—.15 adopted effective March 18, 1991 (18:5 Md. R. 593) Regulation .01 amended effective October 1, 1996 (23:19 Md. R. 1373) Regulation .02B amended effective October 1, 1996 (23:19 Md. R. 1373) Regulation .03 amended effective October 1, 1996 (23:19 Md. R. 1373) Regulation .05A, C amended effective October 1, 1996 (23:19 Md. R. 1373) Regulation .06B amended effective October 1, 1996 (23:19 Md. R. 1373) Regulation .07C amended effective October 1, 1996 (23:19 Md. R. 1373) Regulation .08 amended effective October 1, 1996 (23:19 Md. R. 1373) Regulation .09 amended effective October 1, 1996 (23:19 Md. R. 1373) Regulation .10A amended effective March 27, 1995 (22:6 Md. R. 473); October 1, 1996 (23:19 Md. R. 1373) Regulation .10C amended effective March 27, 1995 (22:6 Md. R. 473) Regulation .13A amended effective March 27, 1995 (22:6 Md. R. 473); October 1, 1996 (23:19 Md. R. 1373) Regulation .14H amended effective October 1, 1996 (23:19 Md. R. 1373) Regulation .15A amended effective March 27, 1995 (22:6 Md. R. 473) Regulation .15A, D, G amended effective October 1, 1996 (23:19 Md. R. 1373) Regulations .01—.15 repealed as an emergency provision effective December 9, 1996 (23:26 Md. R. 1856); repealed permanently effective March 24, 1997 (24:5 Md. R. 484) In this chapter, the following terms have the meanings indicated. Terms Defined. “Administration” means the Family Investment Administration of the Maryland Department of Human Services. “Burial assistance (BA)” means State-funded assistance which pays for reasonable funeral expenses of eligible persons. “Legally responsible individual” means a person who, at the time of the deceased's death, was legally responsible for providing support to the deceased and includes the: Spouse of the deceased; Parent of a deceased minor; Parent of a deceased destitute adult; and Adult child of a deceased destitute parent. “Local department” means a department of social services in a county or Baltimore City and the Montgomery County Department of Health and Human Services. “Public assistance” means a cash grant and includes: Mandatory State Supplement (MSS); Public Assistance to Adults (PAA); Supplementary Security Income (SSI); Temporary Cash Assistance (TCA); and Temporary Disability Assistance Program (TDAP). The requirements at application are the same as COMAR 07.03.01.01, .02, .05, and .06. The local department shall process a burial assistance application as soon as possible. The applicant shall obtain verification that: An eligible person has died; and There are no other resources to pay for the funeral. The local department and the funeral services vendor shall inform the applicant that assistance for burial assistance is available from the Department of Human Services. The funeral services vendor shall give the applicant at least three choices for funeral arrangements with the following limitations: The cost of one choice may not exceed $650; Another choice may not exceed $2,500; and There shall be at least one choice with a cost between $650 and $2,500. The maximum payment for burial assistance is $650. Payment is allowable when the: Total funeral expenses do not exceed $2,500, excluding the cost of a burial lot, vault, grave digging, or burial clothing when provided or paid for by family or friends; and Payment does not reimburse the applicant or the vendor for paid funeral expenses. The service provider may request payment from the applicant for burial assistance, in an amount not to exceed the total funeral expenses or $2,500, whichever is less, minus the burial assistance grant. The burial assistance amount is $650 or the difference between the funeral expenses, not to exceed $2,500, and the available resources, whichever is less. When the local department determines the amount of the burial assistance, the local department: Shall consider the available resources of the deceased and, if applicable, of each individual legally responsible for the support of the deceased, as defined in Regulation .01B(3) of this chapter; Shall consider to be available those resources easily convertible to cash, such as money in the bank, stocks, bonds, cash value of life insurance, available death benefits, and real property other than the home; May not consider as a resource or funeral expense the cost of a burial lot, vault, grave digging, or burial clothing when provided or paid for by the family or friends. The local department may provide a burial assistance grant to pay funeral expenses of: A child receiving foster care under the Social Services Administration Foster Care Program at the time of death; A recipient of public assistance at the time of death, including a recipient whose grant was suspended but not canceled; A recipient of Medical Assistance in a nursing home at the time of death who formerly received SSI or (PAA); A newborn child who is not a part of a TCA assistance unit, if the: Child's mother was a TCA recipient at the time of the child's death, and Child died not more than 60 days following either its date of birth or the date its mother was released from the hospitalization during which the birth occurred, whichever is later; or An individual considered eligible for TDAP at the time of death. The local department may provide a grant for the preparation and transportation of the body of a deceased migrant worker to the migrant worker's place of origin. The local department may establish by local policy a higher standard for burial, if: An amount allowed in excess of the payment, as determined as set forth in this regulation, is met by local funds; and The local policy is approved by the Administration. The local department shall provide burial assistance in the form of vendor payments. The applicant shall participate in the selection of the burial services vendor. The local department may not issue a burial payment until the vendor submits: The purchase authorization and invoice form; and An itemized statement of services provided. The local department shall make payment within 14 working days after the vendor complies with the requirements of §C of this regulation. The local department shall issue a new check to replace a burial assistance check which is lost, stolen, or not received when the vendor satisfies the requirements of this regulation. If a check is lost, stolen, or not received, the vendor shall notify the local department within 30 calendar days from the date the check was issued. If the check is stolen, the vendor shall file a complaint with local law enforcement officials and shall provide a valid complaint number. If the check is cashed, the vendor shall sign a completed forgery affidavit form. The local department shall issue the replacement check within 5 working days of satisfaction of the conditions in this regulation. The local department shall give to each applicant or recipient of burial assistance written notification of the right to appeal, and procedures for requesting and obtaining a fair hearing as set forth in COMAR 07.01.04. Human Services Article, §5-415, Annotated Code of Maryland Effective date: Regulations .01—.06 adopted as an emergency provision effective April 1, 1992 (19:8 Md. R. 797); emergency status extended at 19:20 Md. R. 1811 Regulations .01—.06 adopted effective February 15, 1993 (20:3 Md. R. 257) Regulation .01B amended as an emergency provision effective July 1, 1995 (22:14 Md. R. 1045); amended permanently effective December 4, 1995 (22:24 Md. R. 1893) Regulation .01B amended effective October 1, 1996 (23:19 Md. R. 1373); August 6, 2001 (28:15 Md. R. 1396); November 19, 2007 (34:23 Md. R. 2027) Regulation .02D, E adopted effective December 1, 1994 (21:23 Md. R. 1448) Regulation .02E amended effective November 19, 2007 (34:23 Md. R. 2027) Regulation .03A, B amended as an emergency provision effective July 18, 1993 (20:15 Md. R. 1218); emergency status expired October 25, 1993 (20:23 Md. R. 1798) Regulation .03 amended as an emergency provision effective October 26, 1993 (20:23 Md. R. 1798); emergency status extended at 21:9 Md. R. 743 and 21:21 Md. R. 1809; emergency status expired December 1, 1994 Regulation .03 amended effective August 6, 2001 (28:15 Md. R. 1396); November 19, 2007 (34:23 Md. R. 2027) Regulation .03A, B, C amended and B-1 adopted effective December 1, 1994 (21:23 Md. R. 1448) Regulation .03D amended as an emergency provision effective July 1, 1995 (22:14 Md. R. 1045); amended permanently effective December 4, 1995 (22:24 Md. R. 1893) Regulation .04 amended effective August 6, 2001 (28:15 Md. R. 1396) Regulation .06 amended effective August 6, 2001 (28:15 Md. R. 1396) The purpose of the Maryland Energy Assistance Program (MEAP) is to provide assistance to low-income Maryland residents in meeting their immediate home energy needs under the Low-Income Home Energy Assistance Act to the extent that funds are available. The following terms have the meanings indicated. Terms Defined. “Administration” means the Family Investment Administration of the Department of Human Services. “Applicant” means the head of household and spouse or cohabitant of the head of household, or representative of a shelter. “Benefit” means the amount of assistance or related service that is provided on behalf of an eligible household. “Boarder” means an individual to whom a household furnishes lodging and meals for compensation. A relative may be given boarder status if aged 60 years old or older, or disabled. “Crisis assistance” means a benefit provided an eligible household during an energy-related emergency and required to be delivered within 18 or 48 hours in accordance with Regulation .10F or G of this chapter. “Current program year” means the State fiscal year from July 1 through June 30. “Department” means the Maryland Department of Human Services. “Disabled” means an individual who has a physical or mental impairment that interferes with one or more of life's major activities, such as walking, seeing, hearing, speaking, working, or learning. “Domiciliary care facility” means an institution which admits aged or disabled persons, maintains the necessary facilities, and provides a protective institutional or home type environment to persons who are of advanced age or have a physical or mental disability. “Duration of benefit” means the length of a State fiscal year during which a household expends an energy benefit or has it returned to the Maryland Energy Assistance Program. “Elderly” means a person 60 years old or older. “Energy crisis” means weather-related or supply-shortage emergencies, or other household energy-related emergencies. “Energy supplier” means a vendor of home energy. An energy supplier may be a company or sole proprietorship supplying electricity, natural gas, propane, kerosene, coal, or wood for residential use. “Head of household” means a person who is designated by the household as the head or representative of the household. “Homeless person” means a resident of Maryland without shelter and lacking resources to provide shelter. “Household” means an individual or group of individuals who are living together as one unit and for whom residential energy is customarily purchased in common or who make undesignated payments for energy in the form of rent. “Landlord” means the owner of the property who leases or rents the property to the household. “Local agency” means the local administering agency that the Department has designated to administer a component or components of the Program. “Public housing” means a dwelling complex owned and operated by a local government and whose: Residents are determined eligible based on income; and Rental fees are subsidized by local or federal funding. “Qualified alien” means an individual who is not a citizen of the United States who: Is lawfully admitted for permanent residence under the Immigration and Nationality Act (INA); 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 §234(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. “Renter” means an individual who leases a residential dwelling from a landlord. “Roomer” means an individual to whom a household furnishes lodging but not meals for compensation. A relative may be given roomer status if 60 years old or older, or disabled. Shelter. “Shelter” means a public or private nonprofit residential facility whose function is to provide temporary or intermediate accommodations to battered spouses and homeless persons. “Shelter” does not include residential treatment programs, for example, those funded by the Departments of Juvenile Services, Aging, Human Services, and Department of Health. Subsidized Housing. “Subsidized Housing” means a privately owned dwelling complex where eligibility for residency is based on income and the rental fees are subsidized by federal or local funding. “Subsidized Housing” does not include a dwelling funded under the Department of Housing and Urban Development's Below Market Interest Rate Program or under the Rental Assistance Program. “Verification” means proof of accuracy of statements made by the applicant or recipient. A household is eligible for assistance if the: Household resides in Maryland; Total household countable income as described in Regulation .04 of this chapter does not exceed the percent of the current poverty levels as published annually by the Department of Health for the Low Income Home Energy Assistance Program (LIHEAP) under 45 CFR Part 96 and established as the income eligibility limits in the current LIHEAP plan; Applicant completes an application as described in Regulation .05 of this chapter; and Members of the household are U.S. citizens or fit the definition of qualified alien. Homeless or Battered Spouse Shelter. A shelter is eligible for assistance if the: Shelter is in Maryland; and Shelter incurs energy expenses during the State fiscal year. A shelter is ineligible for energy assistance if the shelter has received assistance through the Maryland Energy Assistance Program during the current State fiscal year. Waiver. The Administration may establish a policy each year to waive §A(2) of this regulation. Notification of a waiver shall be provided as part of its annual plan. If a waiver is provided for in the given year, the application may be granted a waiver to §A(2) of this regulation based on substantial out-of-pocket medical expenses incurred within 3 months of the application date. A waiver request shall include documentation of the expenses. The applicant's total household income is determined by using countable income, as described in §D of this regulation, received by household members during the 30-day period before the date of application. The Administration shall determine the maximum allowable income for households as indicated in Regulation .07 of this chapter. Treatment of Income of Household Members Not Meeting the U.S. Citizenship or Qualified Alien Requirements. Any member of the applicant's household, including the applicant, who does not meet the U.S. citizenship or qualified alien requirements as provided in Regulation .02B(19) of this chapter, shall have the member's income included on the application, but may not be counted as a member of the applicant's household. In determining the household's eligibility, the income attributed to the individual who is not a U.S. citizen or qualified alien shall be verified and included in the household's total income. Countable Income. Income from the following sources is countable income: Gross wages, tips, and commissions received from employment; Self-employment and rental income, less operating expenses except for depreciation necessary to produce the income; Social Security income less Medicare payment deduction; Supplemental Security Income (SSI); Dividends; Interest received from savings or checking accounts; Interest or dividends received from the redemption of bonds; Estate or trust fund income; Royalties; Temporary cash assistance (TCA); Temporary Disability Assistance Program (TDAP); Pensions; Disbursements from annuities, individual retirement accounts (IRAs), or other retirement accounts; Child support payments; Alimony or spousal support; Workers' compensation benefits; Unemployment insurance benefits; Veteran's pension benefits; Mine worker's benefits; Armed forces dependent allowances; Criminal Injuries Compensation Board payments; Monetary gifts and loans, excluding the portion of a student loan used to cover tuition and required fees; Stipends for educational or research fellowships for living expenses excluding that portion that covers tuition and required fees; Employee strike funds if there is no employee contribution; Third-party payments received by live-in home care providers for the care of adults who cannot care for themselves; and Railroad retirement benefits less Medicare payment deduction. Income or resources from the following sources are not countable income: Third-party payments over which the household has no discretion of the use of the funds; In-kind contributions of a commodity or service such as gifts of food, building materials used for repairs, or labor; Employment income of: A child younger than 18 years old; A full-time student; Educational assistance funded under Title IV of the Higher Education Act or under the Bureau of Indian Affairs; Educational assistance, such as grants, scholarships, fellowships, educational loans on which payment is deferred, work-study, and veteran's benefits, to pay for tuition, books, and other required materials, and required fees: At a recognized institution of postsecondary education; At a school for individuals with disabilities; In a vocational education program in a vocational or technical school; or In a program that provides for obtaining a secondary school diploma or an equivalent; Payments under the Federal Action Program to participants in the Retired Senior Volunteer Program, Foster Grandparents, or Senior Companion Program; Stipends to participants in State or federally funded job training programs; Federal Department of Housing and Urban Development (HUD) direct payment subsidies provided to households; Food stamp benefits; Welfare avoidance grants (WAGs); Public assistance vendor payments provided for emergency assistance or special assistance; Foster care grants and foster child care payments; Child support paid as required by court order pursuant to §F of this regulation; Payments to employees on strike if the strike fund consists of employee contributions; Reinvested interest and dividends from individual retirement accounts (IRAs) or other retirement accounts; A nonrecurring lump sum payment including income tax refunds and lottery winnings; Maryland Renters' Tax Credit Program payments; Maryland Homeowners' Tax Credit Program credits; Federal earned income tax credits or payments; Medicare payments deducted from Social Security grants; Subsidized adoption payments; and Americorps of VISTA payments. Calculating Allowable Child Support Payments. Verified child support payments may be deducted from the applicant's or another household member's gross income up to the amount specified by court order. Child support payments made in excess of the specified amount on the court order may not be deducted from the applicant's or another household member's gross income. An applicant or the applicant's representative shall submit a MEAP application to the local agency: In person; or By the mail-in application process. A complete MEAP application includes: The application form signed and dated by the applicant or the applicant's representative; The names of all household members; Verification of a Social Security number or documentary evidence that each member has applied for a number; Verification of all income of all household members, except for the Social Security income of individuals who have received Social Security benefits for more than 2 years; Verification of the applicant's identity; Verification of immigrant status for those eligible household members applying for the benefit who are not U.S. citizens; Verification of residence; Proof of rental status, if renter; and A statement signed by the applicant or the applicant's representative authorizing the local agency to verify, through any appropriate sources, statements made or documents presented by the applicant or the applicant's representative during the application process. Shelter Application. A complete application for a shelter includes: A shelter application form; Verification and location of shelter; The name and address of the energy supplier which services the shelter; Proof of current year heating bills as designated by the Administration; and A release from authorizing the Administration to verify shelter status through any appropriate sources. Applications are accepted during the period set forth in Regulation .02B(6) of this chapter. A shelter administered by a designated local agency shall submit a shelter application to the Maryland Office of Home Energy Programs for processing. Receipt of Application. Upon receipt of the application, the local agency shall: Record the date the application was received by the local agency; Record the date of application as described in §B of this regulation; and Assess the application for completeness. Date of Application. The date of application is: For a walk-in application, the date the local agency receives the application; or For an application received by mail, the date it was signed by the applicant or the applicant's representative if the local agency receives the application: Within 10 working days of the date the applicant or the applicant's representative signs the application; or For good cause shown, at a later reasonable date after 10 working days of the date the applicant or the applicant's representative signs the application. Incomplete Application. If the application is incomplete: The local agency shall request the applicant or the applicant's representative to provide the missing information within 15 calendar days from the date of the notification; and If the applicant or the applicant's representative does not provide the requested information within 15 calendar days from the date of the notification, the local agency shall deny the application as specified in §D(3) of this regulation. Decisions on an Application. The local agency shall approve or deny the application within 45 calendar days of receipt of a completed application, except as allowed in §D(5) of this regulation. Approved Application. The local agency shall mail notification to the applicant or the applicant's representative of the approval within 10 working days after sending benefits to the applicant's energy supplier. The written notice of the local agency's decision shall include: The amount or description of benefits approved on behalf of the applicant's household; The duration of the benefits; The name of the energy supplier to which the benefits are paid; and An explanation of the applicant's right to appeal any part of the agency's decision and the method for requesting an administrative hearing of an appeal as set forth in Regulation .12 of this chapter. Denied Application. The local agency shall deny the application for benefits if the: Applicant's household countable income exceeds the income set forth in Regulation .03A(2) of this chapter; Applicant or the applicant's representative has not provided information requested by the local agency as required in Regulation .06B of this chapter; Applicant dies while the application is being processed; Applicant establishes residency outside Maryland while the application is being processed; Applicant does not meet the eligibility criteria as required in Regulation .03 of this chapter; Applicant abandons the applicant's residence; Applicant withdraws the application for MEAP assistance; Information supplied at application was incorrect and the household was originally ineligible; Applicant resides in public or subsidized housing where heat is included in the rent; Household as constituted at time of application has received assistance through Maryland Energy Assistance Program during the current program year; or Applicant resides in an assisted living facility. Notice of Denial. The local agency shall mail notification to the applicant of the decision to deny the application within 10 working days of the decision. The written notice shall include: The reason for the denial; The COMAR citation of the regulation supporting the decision to deny the application; An explanation of the applicant's right to appeal the decision and the method for requesting an administrative hearing set forth in Regulation .12 of this chapter; and The date by which the local agency shall receive the applicant's administrative hearing request. Delaying MEAP Benefits. The local agency may delay the delivery of MEAP benefits if: The applicant moves to another residence that cannot be serviced by the household's originally designated energy supplier; The local agency has reason to believe the applicant or the applicant's representative provided incorrect information on the application; or The applicant or the applicant's representative fails to notify the local agency of a new address and the local agency cannot contact the applicant. The applicant or the applicant's representative shall notify the local agency of the applicant's new energy supplier if the applicant changes residence to an area serviced by another energy supplier. Unused benefits. The energy supplier shall return any unused benefit, for which the applicant may not be held liable, to the local agency or the Department of Human Services as specified by the Administration in its procedures. Termination of MEAP Benefits. The local agency shall terminate an applicant's MEAP benefits and notify the energy supplier to return the applicant's unused benefits to the local agency if the applicant: Move to a residence outside of the State; Move to an area outside of the applicant's energy supplier's service area and fails to report the new address to the local agency; Is no longer a customer of the energy supplier receiving the benefit; Submits an application for an individual who has died; Abandons the residence; Informs the local agency that the benefit is not wanted; Moves to an assisted living facility; Is incarcerated; or Supplies incorrect information at application and the applicant was originally ineligible. If the local agency determines that termination of the benefit is required, the local agency shall notify the household in writing. The written notice shall include: The reason for termination; The COMAR citation supporting the decision; and An explanation of the applicant's right to appeal and method for requesting an administrative hearing. Delivery of benefit may be accomplished by a: Benefit payment to the energy supplier on behalf of the applicant, as determined by the Administration in accordance with the provisions of the current contract in effect with the energy supplier. Benefit payment to the landlord on behalf of the applicant when heating costs are included in the rent. The payment is to be credited to the applicant's rent. Direct benefit payment to the applicant if: The vendor or landlord refuses to accept payment; or Other circumstances as determined by the local agency prevent the issuance of the benefit to a vendor; and Direct benefit payment to the shelter. Amount of Benefit Payment. The Administration shall determine annually the benefit payment levels and include the levels in each year's approved State plan. The Administration may authorize a supplemental benefit increase, and shall determine the amount of any supplemental increase and provide notice of the amount by: An approved State plan amendment for the current year; A benefit letter to the household; and A letter to the energy supplier. The Administration shall determine annually the percentage of a shelter's total documented current heating bill that comprises the benefit payment to shelters, and provide written notice of the benefit amount to eligible shelters. The local agency shall send written notification to each energy supplier to return to MEAP the undelivered benefits of households that no longer have an active account with the energy supplier. The written notice shall request that the energy supplier return to MEAP balances remaining at the close of a customer's account, by the time specified in the supplier's current contract. The local agency may delay the delivery of service when the: Household moves to another residence and cannot be serviced by the original energy supplier or landlord. In this case the: Applicant shall notify the local agency of the new address and new energy supplier or landlord. Original energy supplier or landlord shall return any unused benefit to the local agency. The applicant may not be held liable for the failure of the energy supplier or landlord to return the unused benefit. Local agency shall arrange for continued delivery of the remaining benefit. Household moves to another residence and can be serviced by the original energy supplier. The applicant shall notify the local agency of the new address and shall arrange for continued delivery of the benefit. Local agency has reason to believe that incorrect information was supplied on the application. The local agency shall terminate the benefit and notify the energy supplier or landlord to return any unused portion of the benefit to the local agency when the: Household moves and is no longer eligible; Household moves and fails to report the new address; Household consists of one person who has died; Residence is abandoned; Applicant informs the local agency that the benefit is not wanted; Information supplied at application was incorrect and the household originally was ineligible. When the local agency determines that termination of the benefit is required, the local agency shall notify the household in writing. The written notice shall include: The reason for termination; The specific regulation supporting the decision; and An explanation of the applicant's right to appeal and method for requesting a fair hearing. If the household files an appeal within 15 calendar days, the benefit is continued until the hearing decision has been made. If a household is divided, the energy supplier shall credit the undelivered benefit to the part of the household that remains at the original residence. The energy supplier shall return the undelivered benefit to MEAP for reallocation if the original residence is abandoned. New households formed as a result of division of the original household may apply for assistance. A household may receive only one benefit during the heating season except as provided for in Regulation .07B(2) of this chapter. A household may apply for crisis assistance from November through March. The applicant shall sign a declaration form attesting to the crisis situation. A household may apply for crisis assistance at the time of application for MEAP or after the date of application, but before notification that the benefit has been granted. The local agency shall determine income eligibility based on the documentation provided by the applicant at the time of application. The applicant shall declare the amount of income by signing an income declaration form, if the documentation provided is insufficient to complete the application. The local agency shall determine eligibility for crisis assistance and provide a benefit for crisis assistance to equal the amount needed to alleviate the crisis, up to the current year's approved crisis assistance payment level in accordance with each year's State plan and any corresponding amendment or amendments to the plan. The local agency shall arrange for delivery of the benefit within 18 hours of the time that the crisis is declared if the: Household has no supply of fuel; Household's utility service is disconnected; or Household has a broken furnace or fuel burner. The local agency shall arrange for delivery of the benefit within 48 hours of the time that the crisis is declared if the household has: Not more than a 3 to 4 day supply of fuel; or A "true" disconnection notice for within 3 or 4 days. Crisis assistance benefits may take the form of: Payment to an energy supplier; Furnace repair; or Temporary shelter. If the household is determined eligible based on the completed application, the local agency shall deduct the value of the crisis assistance from the benefit. The local agency shall authorize the energy supplier to deliver the remainder of the benefit. If the applicant is found to be ineligible after receiving crisis assistance, the local agency shall attempt to recover the benefit. The local agency shall deny a household crisis assistance if the household applies for crisis assistance after the benefit has been exhausted, but the local agency shall refer the household to other agencies for assistance. Applicants are liable for payments made in excess of the allowable benefit as determined by the Administration. The local agency shall require the energy supplier or landlord to return the amount of the overpayment from any unused benefit. If the amount of the unused benefit is not sufficient to cover the amount of overpayment, the local agency shall attempt to recover the overpayment from the applicant. If the applicant fails to comply with the request for repayment, the local agency shall refer the recovery of the overpayment to the Administration. The Administration shall refer the case to the Central Collections Unit of the Department of Budget and Management. The local agency shall have a grievance procedure and shall attempt to resolve a grievance at the local level. The local agency shall give written notification of the right to and the procedures for requesting and obtaining a fair hearing to each applicant or recipient whenever the local agency notifies the applicant or recipient of any action which might deny, delay, suspend, reduce, or terminate assistance. The appeal procedures are set forth in COMAR 07.01.04.03H. Human Services Article, §§5-5A-07 and 5-608, Annotated Code of Maryland(Agency Note: Federal Regulatory Reference—45 CFR 96, Subpart H.) Effective date: April 22, 1985 (12:8 Md. R. 801) Regulations .02B, .03, .04B, .05F, .06, .12 amended effective July 28, 1986 (13:15 Md. R. 1733) Regulation .02B amended effective April 6, 1987 (14:7 Md. R. 829) Regulations .03E and .06B amended effective February 24, 1986 (13:4 Md. R. 395) Regulation .03 amended effective April 6, 1987 (14:7 Md. R. 829) Regulation .04B amended effective April 6, 1987 (14:7 Md. R. 829) Regulation .12 amended effective May 4, 1987 (14:9 Md. R. 1079) Annotation: COMAR 07.06.06 cited in Attorney General Opinion No. 86-013 (March 5, 1986) Chapter revised effective April 15, 1991 (18:7 Md. R. 771) Chapter revised effective May 24, 2004 (31:10 Md. R. 794) Regulation .03A, C amended effective April 9, 2007 (34:7 Md. R. 697) Regulation .04D amended effective April 9, 2007 (34:7 Md. R. 697) Regulation .06D amended effective April 9, 2007 (34:7 Md. R. 697) Regulation .07B, C amended effective April 9, 2007 (34:7 Md. R. 697) Chapter recodified from COMAR 07.06.06 to COMAR 07.03.21, effective June, 2009 Regulation .12B, C amended effective May 22, 2017 (44:10 Md. R. 470) The purpose of the Electric Universal Service Program (EUSP) is to: Provide cash assistance and weatherization services to eligible low-income Maryland residents under the Universal Service Program provisions of The Electric Competition and Customer Choice Act to the extent that funds are available; and Help residents reduce and manage their electric costs and maintain their electric service. The assistance components under the EUSP administered by the Office of Home Energy include: Bill assistance; and Arrearage retirement. In this chapter, the following terms have the meanings indicated. Terms Defined. “Administration” means the Family Investment Administration of the Department of Human Services. “All-electric residence” means a dwelling that uses electricity as its primary source of heat. “Annual consumption” means the amount of electricity, stated in kilowatt hours as reported by the customer's electric company, an electric customer uses in a 12-month period. “Applicant” means an electric customer for whom EUSP assistance is being requested. “Arrearage” means the amount of money owed by an electric customer to an electric company which is 21 days or more past due. “Assisted living facility” means an institution that admits elderly or disabled individuals and provides a protective institutional or home-type environment for a fee. “Benefit” means cash assistance or other EUSP service that is provided on behalf of an eligible applicant. “Department” means the Maryland Department of Human Services. “Disabled” means an individual who has a physical or mental impairment that interferes with one or more of life's major activities, such as walking, seeing, hearing, speaking, working, or learning. “Elderly” means an individual 60 years old or older. “Electric company” means the company that provides electric distribution services to an electric customer. “Electric customer” means an individual: With an active retail electric service account in the individual's name; or Who is applying for retail electric service in the individual's name. “Household” means an individual or group of individuals who are living together as one unit and for whom residential electric service is purchased in common. “Income” means gross income unless otherwise specified in Regulation .04 of this chapter. “Landlord” means the owner of the property who leases or rents the property to the household. “Local agency” means an agency with which the Department has contracted to administer a component or components of the EUSP. “Low-income weatherization” means cost effective measures that reduce electric energy consumption. “Non-all-electric residence” means a dwelling that: Does not use electricity as its primary source of heat; and Is equipped with fossil fuel-burning heating equipment for oil, gas, propane, kerosene, or coal. “Off-service applicant” means an EUSP applicant who does not have an active retail electric service account. “On-service applicant” means an EUSP applicant who has an active account for electric service. “Program year” means July 1 through June 30. “Proxy” means an individual 18 years old or older who is authorized by signature of the applicant to: Participate in the intake interview; and Provide information and documentation on behalf of the applicant. “Public housing” means a dwelling complex owned and operated by a local government whose: Residents are determined eligible based on income; and Rental fees are subsidized by local or federal funding. “Qualified alien” has the meaning stated in 8 U.S.C. §1641. “Renter” means an individual who rents or leases a residential dwelling from a landlord. Subsidized Housing. “Subsidized housing” means a public or privately owned dwelling where: Eligibility for residency is based on income; and The rental fees are subsidized by federal or local funding. “Subsidized housing” does not include a dwelling funded under the following programs of the Maryland Department of Housing and Community Development: Below Market Interest Rate Program; or Rental Assistance Program. “Verification” means documentation or proof of accuracy of statements made by the applicant, proxy, or recipient of EUSP benefits. An applicant is eligible for assistance if the applicant: Is an electric customer; Resides in Maryland; Has total household countable income as described in Regulation .04 of this chapter which does not exceed 175 percent of the federal poverty level; and Is a: U.S. citizen, Legal immigrant admitted for permanent residence or otherwise legally residing in the United States, or Qualified alien. For purposes of receiving an arrearage, an applicant: May not have received an arrearage benefit from the EUSP within the preceding 7 fiscal years; and Shall have a qualified arrearage reported by the applicant's current electric company. Waiver. Waivers to §A(3) of this regulation may be granted according to policy established under COMAR 07.03.21.03C. Total Household Income. The applicant's total household income is determined by using countable income, as described in §D of this regulation, received by household members during the 30-day period before the date of application. Maximum Allowable Income. The Administration shall determine the maximum allowable income for households as indicated in Regulation .03C of this chapter. Income of Household Members Not Meeting the U.S. Citizenship Requirements. Any member of the applicant's household, including the applicant, who does not meet the U.S. citizenship requirements as provided in Regulation .03D of this chapter shall be included on the application but may not be counted as a member of the applicant's household. For the purpose of determining the household's eligibility, the income attributed to the individual who is not a U.S. citizen shall be verified and included in the household's total income. Countable Income. Income from the following sources is considered countable income: Gross wages, tips, and commissions received from employment; Self-employment income and rental income, less expenses (excluding depreciation expenses) necessary to produce the income; Social Security income less Medicare payment deduction; Supplemental Security Income (SSI) less Medicare payment deduction; Dividends; Interest received from savings or checking accounts; Interest or dividends received from the redemption of bonds; Estate or trust fund income; Royalties; Temporary Cash Assistance (TCA); Temporary Disability Assistance Program (TDAP); Pensions; Disbursements from annuities, individual retirement accounts (IRAs), or other retirement accounts; Child support; Alimony or spousal support; Workers' Compensation benefits; Unemployment Insurance benefits; Veteran's pension benefits; Mine worker's benefits; Armed forces dependent allowances; Criminal Injuries Compensation Board payments; Monetary gifts and loans, excluding the portion of a student loan used to cover tuition and required fees; Stipends for educational or research fellowships for living expenses excluding that portion that covers tuition and required fees; Employee strike funds where there is no employee contribution; Third-party payments received by live-in home care providers for the care of adults who cannot care for themselves; and Railroad retirement benefits less Medicare payment deduction. Noncountable Income. Income or resources from the following sources are not considered countable income: Third-party payments over which the household has no discretion of the use of the funds; In-kind contributions of a commodity or service such as gifts of food, building materials used for repairs, or labor; Employment income of children 17 years old or younger; Educational assistance funded under Title IV of the Higher Education Act or under the Bureau of Indian Affairs; Educational assistance, such as grants, scholarships, fellowships, educational loans on which payment is deferred, work-study, and veterans' benefits, to pay for tuition, books, and other required materials, and required fees which are awarded to a household member enrolled: At a recognized institution of post-secondary education, At a school for individuals with disabilities, In a vocational education program in a vocational or technical school, or In a program that provides for obtaining a secondary school diploma or an equivalent; Payments under the Federal Action Program to participants in the Retired Senior Volunteer Program, Foster Grandparents, or Senior Companion Program; Stipends to participants in State or federally funded job training programs; Federal Department of Housing and Urban Development (HUD) direct payment subsidies provided to households; Food Supplement Program benefits; Welfare Avoidance Grants (WAGs); Public assistance vendor payments provided for emergency assistance or special assistance; Foster care grants and foster child care payments; Child support paid as required by court order pursuant to §F of this regulation; Payments to employees on strike when the strike fund consists of employee contributions; Reinvested interest and dividends from individual retirement accounts (IRAs) or other retirement accounts; A non-recurring lump sum payment including income tax refunds and lottery winnings; Maryland Renters' Tax Credit Program payments; Maryland Homeowners' Tax Credit Program credits; Federal Earned Income Tax credits or payments; Medicare payments deducted from Social Security grants; Subsidized adoption payments; Americorps or VISTA payments; Reverse mortgage loans; and Court ordered garnishments and tax levies. Calculating Allowable Child Support Payments. Verified child support payments may be deducted from the applicant's household member's gross income up to the amount specified by court order. Child support payments made in excess of the specified amount on the court order may not be deducted from the applicant's household member's gross income. An applicant or proxy shall submit an EUSP application to the local agency: In person; or By the mail-in application process. A completed EUSP application shall include: The application form signed and dated by the applicant or proxy; The names of all household members; Verification of Social Security numbers for all household members or, when a Social Security number is not available, verification of the application for a Social Security number; Verification of all income of all household members; Verification of the applicant's identity; Verification of immigration status for all household members who are not U.S. citizens; Verification of location of residence; Proof of receipt of electric service in the applicant's name, such as an electric bill from the applicant's electric company or confirmation from the electric company that electric service is being requested in the applicant's name; If a renter, proof of rental status; and A statement signed by the applicant or proxy authorizing the local agency to verify, through any appropriate sources, statements made or documents presented by the applicant or proxy during the application process. For EUSP applicants who are off-service, the applicant's electric company must confirm that electric service is being applied for in the applicant's name. The local agency may certify an applicant for assistance once every program year. Receipt of Application. The local agency shall: Record the date the application was received by the local agency; Record the date of application as described in §B of this regulation; and Assess the completeness of the application. Date of Application. The date of application is the date: The local agency receives the application for walk-in applications; or The application was signed by the applicant or proxy when the local agency receives the application by mail within 10 working days of the date the applicant or proxy signed the application. Incomplete Application. If the application is incomplete, the local agency shall notify the applicant or proxy to provide the missing information within 15 calendar days from the date of the notification. If the applicant or proxy does not provide the requested information within 15 calendar days from the date of the notification, the local agency shall deny the application. Decisions on Application. The local agency shall, within 45 calendar days of receipt of a completed application, approve or deny the application. Approved Application. The local agency shall mail notification to the applicant or proxy of the approval within 10 working days after sending benefits to the applicant's electric company. The written notice of the local agency's decision shall include: The amount or description of benefits approved on behalf of the applicant's household; The duration of the benefits; The name of the electric company to which the benefits are paid; and An explanation of the applicant's right to appeal any part of the agency's decision and the method for requesting a fair hearing of an appeal. Denied Application. The local agency shall deny the application for benefits when: The applicant's household countable income exceeds 175 percent of the federal poverty level; The applicant or proxy has not provided the information requested by the local agency as prescribed in §B of this regulation; The applicant dies while the application is being processed; The applicant establishes residency outside Maryland while the application is being processed; The applicant does not meet the eligibility criteria as prescribed in Regulation .03 of this chapter; The applicant abandons the applicant's residence; The applicant withdraws the application for EUSP assistance; The information supplied at application was incorrect and the household was originally ineligible; or The applicant resides in a assisted living facility. The local agency shall mail notification to the applicant of the decision to deny the application within 10 working days of the decision. The written notice shall include: The reason for the denial; The citation of the regulation supporting the decision to deny the application; An explanation of the applicant's right to appeal the decision and the method for requesting a fair hearing; and The date by which the local agency must receive the applicant's fair hearing request. Delaying EUSP Benefits. The local agency may delay the delivery of EUSP benefits when: The applicant moves to another residence and cannot be serviced by the household's originally designated electric company; The local agency has reason to believe the applicant or proxy provided incorrect information on the application; or The applicant or proxy fails to notify the local agency of a new address and the local agency cannot contact the applicant. The applicant or proxy shall notify the local agency of the applicant's new electric company when the applicant changes residence to an area serviced by another electric company. Unused Benefits. The electric company shall return any unused benefit in the event the benefit cannot be applied to an active electric account, for which the applicant may not be held liable, to the Administration. Termination of EUSP Benefits. The local agency shall terminate an applicant's EUSP benefits and notify the electric company to return the applicant's unused benefits to the local agency when the applicant: Moves to a residence outside Maryland; Moves to an area outside of the applicant's electric company's service area and fails to report the new address to the local agency; Is no longer an electric customer; Submits an application for an individual who has died; Abandons the residence; Informs the local agency that the benefit is not wanted; Moves to an assisted living facility; Is incarcerated; or Supplies incorrect information at application and the applicant was originally ineligible. When the local agency determines that termination of the benefit is required, the local agency shall notify the household in writing. The written notice shall include: The reason for termination; The citation of the regulation supporting the decision; and An explanation of the applicant's right to appeal and method for requesting a fair hearing. Subject to Regulations .03—.05 of this chapter and the availability of funds, the local agency or Administration may deliver bill assistance benefits on behalf of an eligible EUSP applicant by a payment, or payments, to the applicant's electric company. Bill assistance benefits shall be: Available to help an eligible electric customer maintain electric service; Payable to the electric company, a retail electric supplier, or both, in the EUSP applicant's service area; and Returned by the eligible applicant's electric company to the Administration for reallocation when the electric company cannot apply the benefits to the applicant's active account. Amount of Benefits. The Administration shall determine allowable benefit amounts for bill assistance based on: The household's income poverty level; The applicant's household's electric consumption during the 12 months before the date of application; and The applicant's status as a resident in public or subsidized housing. An eligible applicant may receive one bill assistance benefit during one program year. Supplemental Bill Assistance Benefits. If the Administration authorizes a supplemental bill assistance benefit increase, the Administration shall send a written notification to eligible applicants and their respective electric companies. Subject to Regulations .03—.05 of this chapter and the availability of funds, the local agency or Administration may issue benefits for electric arrearage retirement to an electric company in an applicant's service area on behalf of an eligible EUSP applicant who owes an outstanding arrearage to the electric company for electric service. Arrearage retirement benefits: Shall be issued to assist an eligible electric customer maintain or reestablish electric service; and Are limited to arrearages owed to the applicant's electric company for electric service arrearages the applicant incurred, prior to current monthly bill and which has been verified by the applicant's electric company during the application process. The local agency or Administration shall allow the applicant or proxy to review arrearage information provided by the applicant's electric company during the application process. Delivery of Arrearage Retirement Benefits. The local agency or Administration shall: Issue the arrearage retirement benefits within the minimum and the maximum amount authorized by Public Service Commission order; and Make a benefit payment, or series of payments, on behalf of the applicant. Amount of Benefits. Disputes Regarding Arrearage Data. The local agency shall: Forward an EUSP applicant dispute regarding arrearage data supplied by the applicant's electric company to the Public Service Commission for resolution; and Continue the application and payment process pending the Public Service Commission's notification of the dispute resolution. In disputed cases, the payment amount the local agency makes for the applicant's arrearage retirement shall be the amount specified by the applicant's electric company. Following resolution of the dispute, the applicant's electric company shall refund to the local agency benefits received on behalf of the applicant in excess of the amount the Public Service Commission determines to be correct. An applicant is liable for all EUSP payments made on the applicant's behalf in excess of the maximum allowable benefit. The local agency shall require the eligible household's electric company, or low-income weatherization contractor or vendor, to return the amount of an overpayment from any unused benefit to the Administration. The electric company shall return any unused benefit for which the applicant may not be held liable, in the event the benefit cannot be applied to an active electric account. The local agency shall have a grievance procedure and attempt to resolve grievances at the local level. The local agency shall give written notification of the right to and the procedures for requesting and obtaining a fair hearing to each applicant or recipient whenever the local agency notifies the applicant or recipient of any action which might deny, delay, suspend, reduce, or terminate assistance. The appeal procedures are set forth in COMAR 07.01.04.03H. Human Services Article, §§2-209 and Title 5, Subtitle 5A; Public Utilities Article, §7-512.1; Annotated Code of Maryland Effective date: Regulations .01—.11 adopted as an emergency provision effective July 1, 2000 (27:15 Md. R. 1391) Regulations .01—.11 adopted effective December 11, 2000 (27:24 Md. R. 2199) Chapter revised effective June 4, 2007 (34:11 Md. R. 971) Chapter recodified from COMAR 07.06.22 to COMAR 07.03.22, effective June, 2009 Regulation .02B amended effective November 16, 2009 (36:23 Md. R. 1816) Regulation .03A, B amended effective November 16, 2009 (36:23 Md. R. 1816) Regulation .04E amended effective November 16, 2009 (36:23 Md. R. 1816) Regulation .10B, C amended effective May 22, 2017 (44:10 Md. R. 470) The purpose of the Refugee Resettlement Services Program is to provide adjustment services such as employment services, English language and vocational training, cultural orientation and other services to individuals residing in Maryland who are refugees, have been granted asylum, or are victims of a severe form of trafficking in persons, so that they may become economically and socially self-sufficient as quickly as possible. In this chapter, the following terms have the meanings indicated. Terms Defined. “Administration” means the Family Investment Administration of the Department of Human Services. “Asylee” means an individual who has been granted asylum in the United States in accordance with §208 of the Immigration and Naturalization Act, whose status has been verified by one of the following documents: Asylum approval letter from an INS Asylum office; INS Form I-94 noting that the individual has been admitted under §208 of the Immigration and Naturalization Act; INS Form I-94 with the admission codes AS-1, AS-2, or AS-3; INS Form I-94 with Visa 93 or V-93 indicated; or Order of an immigration judge granting asylum under §208 of the Immigration and Naturalization Act. Employability Assessment. “Employability assessment” means the process of determining the employability of individuals, as well as their progress toward the achievement of predefined occupational goals. “Employability assessment” may include assessment of: Aptitudes; Barriers to employment; Interests; Language ability; Present abilities; Previous education; and Work experience. “Employability plan” means an individualized written plan for serving an individual which defines an employment goal and the developmental services or steps required to meet the goal within a mutually agreed-upon time frame. “Immigration and Naturalization Service (INS)” means the Immigration and Naturalization Service of the United States Justice Department, which provides documentation of the status of refugees, asylees, and victims of a severe form of trafficking in persons. “Local department” means the local department of social services in the county, the Baltimore City Department of Social Services, or the Montgomery County Department of Health and Human Services, where the applicant who is a refugee, asylee, or victim of a severe form of trafficking in persons resides. “On-the-job training (OJT)” means training a refugee, asylee, or victim of a severe form of trafficking in persons receives on the job and for which a stipend is usually paid by the employer as part of the salary. “Refugee” means an individual designated as a refugee by INS or declared to be eligible for refugee services by some other action of the federal government. “Service provider” means a public or private nonprofit agency or local department which provides refugee services under a contractual or grant agreement with the Administration or local department. “Victim of a severe form of trafficking in persons” means an individual who: Has been: A victim of sex trafficking in which a commercial sex act was induced by fraud, force, or coercion, or in which the individual induced to perform the act was not 18 years old or older at the time of the act; or Recruited, harbored, transported, provided, or obtained for labor or services through the use of force, fraud, or coercion for the purpose of subjection to involuntary servitude, peonage, debt bondage, or slavery; and Has a letter from the Office of Refugee Resettlement in the United States Department of Health and Human Services: Certifying the individual who is 18 years old or older as a victim of a severe form of trafficking in persons; or Recognizing the individual who is younger than 18 years old as a victim of a severe form of trafficking in persons. “Voluntary resettlement agency” means the agency which: Arranges resettlement of refugees from refugee camps to communities within the United States through a contract with the United States State Department; and Is responsible for certain reception and placement services to refugees for the first 90 days after their arrival in the United States. An individual is eligible for the Refugee Resettlement Services Program if the individual: Resides in the State of Maryland; Is a refugee, asylee, or victim of a severe form of trafficking in persons; and Agrees to receive the service and follow the employability plan. The individual shall apply to the local department or other service provider. The applicant shall complete the application form provided by the Administration. The applicant shall show proper identification issued by INS. The service provider may not accept an application without proper identification. The local department shall accept the application for social services and determine eligibility within 30 days. The local department shall meet with the applicant, and based on an employability assessment, develop an employability plan. The local department may not continue the process if the applicant refuses to agree in writing to the employability plan. The service provider shall provide, or arrange for the provision of, the following services: Employment services, which include; Employability assessment and plan, Employment counseling, including work orientation, job readiness training, job search assistance, reassessment, job clubs and job workshops, Job development, including job orders, referrals, placements, follow up and job upgrades; Training in the following: English language training, including English as a Second Language (ESL) and Vocational English as a Second Language (VESL), Vocational training, and On-the-job training (OJT). The service provider may provide the following services: Outreach services; Skills recertification; Day care; Transportation; Social adjustment services, which include: Emergency, information and referral, Health-related, Home management services; and Translation and interpreter services. The local department may not provide a service to an applicant who is entitled to and receiving that service from a voluntary resettlement agency. The local department shall reevaluate the employability plan and eligibility of the recipient: When there is a change in circumstances that would affect eligibility, or employability; and At least every 6 months. The local department shall terminate services when the: Recipient becomes ineligible; Goals of the employability plan are met; Recipient requests termination; or Recipient refuses to agree to the employability plan. When the local department decides to deny, suspend, reduce, or terminate service, the local department shall send, at least 15 days before the action is taken, a written notice of its intent to deny, suspend, reduce, or terminate service. The local department shall include the following in the notification: The action to be taken; The reason for the action; The specific regulation supporting the decision; and A statement of the right to and method for obtaining a fair hearing. An applicant or recipient of services may appeal a local departmental decision according to the fair hearings procedures in COMAR 07.01.04. Discrimination against applicants or recipients is prohibited according to the nondiscrimination provisions in COMAR 07.01.03. Human Services Article, §5-608, Annotated Code of Maryland(Agency Note: Federal Regulatory Reference, 45 CFR 400) Effective date: April 22, 1985 (12:8 Md. R. 800) Chapter recodified from COMAR 07.02.19 to COMAR 07.06.08 in 1988 Chapter revised effective March 18, 2002 (29:5 Md. R. 502) Chapter recodified from COMAR 07.06.08 to COMAR 07.03.23, effective June, 2009 The Citizenship Promotion Program provides funding to nonprofit organizations or accredited educational institutions for naturalization-related programs and activities for eligible legal permanent residents seeking to become United States citizens. The Maryland Office for New Americans (MONA) in the Family Investment Administration administers the funding. In this chapter, the following terms have the meanings indicated. Terms Defined. “Citizenship services provider” means: A nonprofit organization that provides immigration services; or An accredited educational institution that provides instruction in English as a second language, or civics, or both. “Grantee” means a citizenship services provider who is a recipient of a Citizenship Promotion Program grant. “Legal permanent resident” means an individual who: Has established legal residence in the United States (U.S.); and Is legally eligible to apply to become a naturalized U.S. citizen. “Office” means the Maryland Office of New Americans (MONA) of the Family Investment Administration in the Department of Human Services. “Program” means the Citizenship Promotion Program. The Office shall allocate Program funds through grants for the following activities: Outreach and community organizing; Citizenship application assistance; Immigration counseling; Instruction in English as a second language; Civics and U.S. history classes; and Support services such as child care and transportation. The Office shall: Prepare and distribute not later than 30 days before proposals are due an annual request for proposals (RFP) to: Community-based organizations and agencies that provide immigration-related services to the foreign-born, Ethnic organizations, and Educational institutions; Inform the following of the availability of the RFP: Ethnic media outlets, The Governor's Office of Asian Pacific American Affairs, The Governor's Commission on Hispanic Affairs, The Governor's Commission on Migratory and Seasonal Farm Labor, and Local government agencies in jurisdictions with a significant immigrant presence; Convene an evaluation committee, consisting of at least three members who have knowledge of the naturalization process or immigrant populations, or both; Hold a prebid conference to familiarize potential grant applicants with the requirements of the RFP; Reserve the right to make site visits to potential grantees before deciding on the final awards; Provide written notice of its award decisions to all grant applicants; and Inform grantees of the amounts of their program awards and the names of the other grantees. In allocating grant funds to applicants, the Office shall consider: The applicant's status as either: A nonprofit agency, as defined by 26 U.S.C. §501(c)(3); or An educational institution accredited or approved by the: Maryland Department of Education, Maryland Higher Education Commission, or Accrediting Council for Continuing Education and Training; The applicant's demonstrated expertise in immigration law; The applicant's demonstrated effectiveness in providing outreach or educational activities to immigrants; Whether the applicant's capacity and internal controls are adequate to meet grant requirements; The number of immigrants who reside in the applicant's jurisdiction of residence; and The applicant's stated measurable objectives. Grantees shall: Maintain financial records according to generally accepted standards of accounting; Retain documentation of all income and expenditures related to the grant for 3 years from the date of receipt of the grant; and Upon 7 days notice, present all books, records, and documents relating to the grant for inspection by State auditors or others authorized to monitor the performance of the Program. The grantee shall: Provide one or more of the citizenship promotion activities specified in Regulation .03 of this chapter; Keep records on Program participants that include: Photocopies of both sides of the participant's Immigration and Naturalization Service (INS) Alien Registration Receipt Form (1-55 or “green card”), and The participant's address and telephone number at the time of completion of Program participation; Submit quarterly a narrative report to the Office that accurately reflects the accomplishment of the measurable objectives stipulated in the applicant's proposal; and Submit a final narrative report which includes the information specified in §A(2) of this regulation. The Office shall: Reserve the right to require the grantee to lower a fee to a level the Office considers to be reasonable; and Serve as a clearinghouse for citizenship service providers for: Information on naturalization and citizenship, and Timely information on revisions of INS regulations. The Office may monitor grantee performance by: Review of statistical and narrative reports; Site visits; or Both §C(1) and (2) of this regulation. Human Services Article, §6-706, Annotated Code of Maryland Effective date: June 26, 2000 (27:12 Md. R. 1137) Chapter recodified from COMAR 07.06.21 to COMAR 07.03.24, effective June, 2009 The purpose of the Critical Medical Needs Program is to: Reduce the barriers to the energy assistance application process for critical medically vulnerable individuals and their households in obtaining State and federal financial assistance for their electric, gas, or other energy source bills; Make referrals, as necessary, to other agencies and organizations when additional resources are necessary for the continuation or restoration of energy service; and Make referrals to the Department of Housing and Community Development for energy efficiency programs, and heating and cooling system repair or replacement programs. In this chapter, the following terms have the meanings indicated. Terms Defined. “Administration” means the Family Investment Administration of the Department of Human Services. “Applicant” means an electric, gas, or other energy source service customer for whom assistance is being requested. “Arrearage” means the amount of money owed by an electric, gas, or other energy source service customer to a fuel vendor or a utility vendor which is 21 days or more past due. “Assisted living facility” means an institution or facility that admits elderly or disabled individuals who cannot manage activities of daily living, and provides a protective institutional or home-type environment for a fee. “Benefit” means cash assistance or other service that is provided on behalf of an eligible applicant. “CMN Program” means the Critical Medical Needs Program established under Human Services Article, §5-5A-08, Annotated Code of Maryland. “Critical medically vulnerable individual” means an individual who: Has a severe health condition that will be aggravated due to the termination or noncontinuation of electric, gas, or other energy source services or needs the use of life-support equipment as documented and certified in accordance with COMAR 20.31.03.01 on a certification of serious illness or life support form submitted to the appropriate fuel vendor or utility vendor; Has or will have their electric, gas, or other energy source services terminated for nonpayment; and Is unable to complete the energy assistance applications under available energy assistance programs, including energy efficiency programs offered by the Department of Housing and Community Development. “Department” means the Maryland Department of Human Services. “Energy emergency” means a lack of fuel or the imminent discontinuation of energy services supplied by a fuel vendor or utility vendor that will endanger health, safety, or welfare. “Fuel vendor” means a person that distributes, transports, produces, or offers for sale coal products, fuel oil, kerosene, bottled gas, propane, or wood for fuel use or consumption in the State. “Household” means an individual or group of individuals who are living together as one unit and for whom residential electric, gas, or other energy source service or other home energy is purchased in common. “Income” means gross income. “Life-support equipment” means any electric, gas, or other energy source-using device certified by a licensed physician, certified nurse practitioner, or physician assistant as being essential to prevent, or to provide relief from, a serious illness or to sustain the life of the customer or an occupant of the premises where the applicant resides. “Navigator” means a representative from a medical facility or from a public or private assistance agency or organization who: Has completed training provided by the Office; Has signed a Confidentiality Certification Form; Is in personal contact with a critical medically vulnerable individual; and Assists the critical medically vulnerable individual in the energy application process. “Office” means the Office of Home Energy Programs. “Program year” means July 1 through June 30. “Recipient” means an applicant whom the Office has approved for CMN Program benefits. “Termination notice” means a notification from a fuel vendor or utility vendor that includes, at a minimum, the following: The name and account number of the customer whose electric, gas, or other energy source service is to be terminated; The address of the premises where service is to be terminated; A statement of the reasons for the proposed termination; The date on or after which the proposed termination will occur; The charges for reconnection of service, if any; and A statement of the total amount due, if applicable. “Utility vendor” means a person that distributes, transports, or produces natural gas or electricity for use or consumption in the State. “Verification” means documentation or proof of accuracy of statements made by the applicant. An applicant is eligible for service under the CMN Program if the applicant: Is an electric, gas, or other energy source customer; Resides in Maryland; Has total household countable income as described in COMAR 07.03.22.04 which does not exceed 175 percent of the federal poverty level; Is a: U.S. citizen; Legal immigrant admitted for permanent residence or otherwise legally residing in the United States; or Qualified alien; and Is a critical medically vulnerable individual who is receiving assistance from a navigator. A navigator shall submit a complete application to the Office via email or fax. A complete CMN Program application shall include: A completed application form provided by the Office that is signed and dated by a navigator or the applicant; A completed certification of serious illness or need for life support equipment form that shall include, at a minimum, the following: A certification of a serious illness or the need for life-support equipment made by: A licensed physician; or A certified nurse practitioner; The name and address of the seriously ill person; A statement that the seriously ill person or person in need of life-support equipment is the applicant or an occupant of the premises in which the applicant resides; The name, address, telephone number, physician or certified nurse practitioner license number, and signature of the certifying physician or certified nurse practitioner; and A statement that termination of electric, gas, or other energy source service will aggravate a serious illness or prevent the use of life-support equipment; A completed application form as defined in COMAR 07.03.22.05; and A termination notice issued by a fuel vendor or utility vendor. Upon receipt of the application from a navigator, the Office shall: Record the date the application was received by the Office; Assess the application for completeness; and Contact the fuel vendor or utility vendor to place any protections on the account for which the applicant is eligible to prevent termination of service. The date of application is the date the complete and signed application was submitted by the navigator. Incomplete Application. If the application is incomplete, the Office shall, by the close of business on the next business day following the date of application, notify the navigator and applicant of all missing information and request such missing information be submitted to the Office within 10 calendar days from the date of the notification. The Office shall provide notification of an incomplete application: To the navigator by email or facsimile; and To the applicant by first-class mail, postage prepaid. If the navigator or applicant does not provide the requested information to the Office within 10 calendar days from the date of the notification, the Office shall deny the application. Decision on Application. The Office shall, within 10 calendar days of receipt of a completed application, approve or deny the application. Denied Application. The Office shall deny the application for benefits if: The applicant’s household countable income exceeds 175 percent of the federal poverty level; The applicant has failed to submit a complete application pursuant to §C of this regulation; The applicant dies while the application is being processed; The applicant establishes residency outside Maryland while the application is being processed; The applicant does not meet the eligibility criteria as prescribed in Regulation .03 of this chapter; The applicant abandons the applicant’s residence; The applicant withdraws the application for assistance; The information supplied at application was incorrect and the household was originally ineligible; or The applicant resides in an assisted living facility. Approved Application. The Office shall notify the recipient and navigator of the approval within 2 business days after sending benefits to the applicant’s fuel vendor or utility vendor. The Office shall provide notification of an approved application: To the navigator by email or facsimile; and To the applicant by first-class mail, postage prepaid. The written notice of the Office’s approval decision shall include: The amount or description of benefits approved on behalf of the recipient’s household; The duration of the benefits; The name of the fuel vendor or utility vendor to which the benefits are paid; An explanation of the recipient’s right to appeal any part of the Office’s decision and the method for requesting an administrative hearing set forth in Regulation .10 of this chapter; and the date by which the Office must receive the applicant’s administrative hearing request. Delaying Benefits. The Office may delay the delivery of energy benefits when: The recipient moves to another residence and cannot be serviced by the household’s originally designated fuel vendor or utility vendor; The Office has reason to believe the recipient or navigator provided incorrect information on the application; or The recipient or navigator fails to notify the Office of a new address and the Office cannot contact the recipient. The Office shall mail notification to the applicant of the decision to deny the application within 2 business days of the decision. The written notice shall include: The reason for the denial; The COMAR citation of the regulation supporting the decision to deny the application; An explanation of the applicant’s right to appeal the decision and the method for requesting an administrative hearing set forth in Regulation .10 of this chapter; and The date by which the Office must receive the applicant’s administrative hearing request. If an applicant or recipient changes residence from the residence listed on an applicant’s or recipient’s original application for assistance, the applicant, recipient, or navigator shall: Immediately notify the Office of the applicant’s or recipient’s current residence; and Immediately notify the Office of the fuel vendor and utility vendor servicing the applicant’s or recipient’s current residence if the fuel vendor and utility vendor is different from the fuel vendor or utility vendor servicing the residence listed on the applicant’s or recipient’s original application. The Office shall terminate a recipient’s benefits and notify the fuel vendor or utility vendor to return the recipient’s unused benefits to the Office when the recipient: Moves to a residence outside Maryland; Moves to an area outside the recipient’s fuel vendor’s or utility vendor’s service area and fails to report the new address to the Office; Is no longer an electric, gas, or other energy source customer; Submits an application for an individual who has died; Abandons the residence; Informs the Office that the benefit is not wanted; Moves to an assisted living facility; Is incarcerated; or Supplies incorrect information at application which would have rendered the recipient ineligible. When the Office determines that termination of the benefit is required, the Office shall notify the recipient in writing. The written notice shall include: The reason for termination; The COMAR citation of the regulation supporting the decision to terminate the benefit; An explanation of the recipient’s right to appeal the decision and the method for requesting an administrative hearing set forth in Regulation .10 of this chapter; and The date by which the Office must receive the recipient’s administrative hearing request. Subject to Regulations .03—.05 of this chapter and the availability of funds, the Office may issue benefits for arrearage retirement to an electric and/or gas company in an applicant’s service area on behalf of an eligible applicant who owes an outstanding arrearage to the electric and/or gas company for service. Arrearage retirement benefits: Are available once every 7 years for past due bills greater than $300 and up to $2,000; Shall be issued to assist an eligible electric and/or gas customer maintain or reestablish electric and/or gas service; and Are limited to arrearages owed to the applicant’s electric and/or gas company for service arrearages the applicant incurred, prior to the current monthly bill and which had been verified by the applicant’s electric and/or gas company during the application process. The Office will grant waivers to allow households with a household member who is at least 65 years of age, under the age of 2, and/or medically fragile who received $800 or less within the previous 7 years to apply for additional arrearage funds, not to exceed the maximum allowable arrearage amount of $2,000. The Office shall allow the applicant or navigator to review arrearage information provided by the applicant’s electric company during the application process. Delivery of Arrearage Retirement Benefits. The Office shall: Issue the arrearage retirement benefits within the minimum and the maximum amount; and Make a benefit payment on behalf of the applicant. Amount of Benefits. Benefit levels for arrearage retirement shall be based on the applicant’s arrearage balance with a minimum and maximum amount, subject to §§A—E of this regulation, verified by the applicant’s electric and/or gas company. Disputes Regarding Arrearage Data. The local agency shall: Forward an applicant dispute regarding arrearage data supplied by the applicant’s electric and/or gas company to the Public Service Commission for resolution; and Continue the application and payment process pending the Public Service Commission’s notification of the dispute resolution. In disputed cases, the payment amount the local agency makes for the applicant’s arrearage retirement shall be the amount specified by the applicant’s electric company. Following resolution of the dispute, the applicant’s electric and/or gas company shall refund to the local agency benefits received on behalf of the applicant in excess of the amount the Public Service Commission determines to be correct. A recipient is liable for all payments made on the recipient’s behalf in excess of the maximum allowable benefit. The Office shall require the recipient’s fuel vendor and utility vendor to return the amount of an overpayment from any unused benefit to the Office. In the event a fuel vendor or utility vendor cannot apply a benefit to a recipient’s active account, the fuel vendor or utility vendor shall return to the Office any unused benefit. The Office shall give written notification of the right to and the procedures for requesting and obtaining a fair hearing to each applicant or recipient whenever the Office notifies the applicant or recipient of any action which might deny, delay, suspend, reduce, or terminate assistance. The appeal procedures are set forth in COMAR 07.01.04.03H. The Office shall commit to delivery of the benefit by the close of the business day the application for benefits is approved. If the benefits administered by the Office are insufficient to provide for continuation or restoration of services to a recipient, the Office, by the close of the business day following the day the recipient’s application is approved by the Office to receive such benefits, shall refer the recipient to other entities that may be able to provide benefits. The delivery of benefits shall otherwise be subject to COMAR 07.03.21.07 and COMAR 07.03.22.07. Human Services Article, §§5-5A-07, 5-5A-08, and 5-608, Annotated Code of Maryland(Agency Note: Federal Regulatory Reference — 45 CFR 96, Subpart H) Effective date: July 16, 2020 (47:14 Md. R. 674)