<?xml version='1.0' encoding='utf-8'?>
<regulation prefix="Regulation" num=".16" citation="COMAR 07.03.03.16" title_num="07" subtitle_num="03" chapter_num="03" heading="Method of Payment.">
  <paragraph num="A.">
    <text>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.</text>
  </paragraph>
  <paragraph num="B.">
    <text>TCA Grant.</text>
    <paragraph num="(1)">
      <text>A TCA grant is paid by check or by the electronic benefit transfer system (EBTS).</text>
    </paragraph>
    <paragraph num="(2)">
      <text>The period of time covered by a TCA grant is the calendar month.</text>
    </paragraph>
    <paragraph num="(3)">
      <text>The grant is not paid for a past period of time except as provided in COMAR 07.03.14.</text>
    </paragraph>
    <paragraph num="(4)">
      <text>Outdated EBT Benefits.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.</text>
    </paragraph>
    <paragraph num="(5)">
      <text>If the benefits are moved off-line, the customer may request the local department to reissue the benefits.</text>
    </paragraph>
  </paragraph>
  <paragraph num="C.">
    <text>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:</text>
    <paragraph num="(1)">
      <text>Gambling, including, but not limited to, a casino, a business containing slot machines, race tracks, or off-track betting businesses;</text>
    </paragraph>
    <paragraph num="(2)">
      <text>Adult entertainment in which individuals disrobe for an audience, including, but not limited to, strip clubs, adult clubs, or online pornography; or</text>
    </paragraph>
    <paragraph num="(3)">
      <text>The sale of liquor, wine, and beer, including, but not limited to, liquor stores, bars, or package good stores.</text>
    </paragraph>
  </paragraph>
  <paragraph num="D.">
    <text>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:</text>
    <paragraph num="(1)">
      <text>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;</text>
    </paragraph>
    <paragraph num="(2)">
      <text>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;</text>
    </paragraph>
    <paragraph num="(3)">
      <text>A recipient in violation a third time shall have the access to TCA benefits on the EBT card revoked permanently;</text>
    </paragraph>
    <paragraph num="(4)">
      <text>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;</text>
    </paragraph>
    <paragraph num="(5)">
      <text>TCA recipients not able to provide checking or savings account information shall be issued a paper check;</text>
    </paragraph>
    <paragraph num="(6)">
      <text>Cash benefits on direct deposit may not be replaced if lost or stolen;</text>
    </paragraph>
    <paragraph num="(7)">
      <text>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</text>
    </paragraph>
    <paragraph num="(8)">
      <text>A recipient who is requesting a replacement TCA paper check because of theft shall provide a police report of the theft.</text>
    </paragraph>
  </paragraph>
  <paragraph num="E.">
    <text>The payee shall be one of the following:</text>
    <paragraph num="(1)">
      <text>A relative caretaker described in Regulation .07D of this chapter;</text>
    </paragraph>
    <paragraph num="(2)">
      <text>A protective payee approved by the local department when the caretaker is:</text>
      <paragraph num="(a)">
        <text>Physically or mentally disabled;</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Unable to manage funds; or</text>
      </paragraph>
      <paragraph num="(c)">
        <text>A pregnant or unmarried minor parent;</text>
      </paragraph>
    </paragraph>
    <paragraph num="(3)">
      <text>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</text>
    </paragraph>
    <paragraph num="(4)">
      <text>A third-party payee as described in §J of this regulation when:</text>
      <paragraph num="(a)">
        <text>Transitional assistance is authorized as prescribed in Regulation .19A(6) of this chapter; or</text>
      </paragraph>
      <paragraph num="(b)">
        <text>An adult is sanctioned for failure to comply with substance abuse requirements as described in Regulation .09C of this chapter.</text>
      </paragraph>
    </paragraph>
  </paragraph>
  <paragraph num="F.">
    <text>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:</text>
    <paragraph num="(1)">
      <text>The caretaker relative is physically or mentally disabled and makes a written request for a protective payee;</text>
    </paragraph>
    <paragraph num="(2)">
      <text>The Social Security Administration pays the caretaker relative's benefits to the protective payee; or</text>
    </paragraph>
    <paragraph num="(3)">
      <text>The local department's social services worker confirms the need for a protective payee and verifies the caretaker relative's inability to manage funds.</text>
    </paragraph>
  </paragraph>
  <paragraph num="G.">
    <text>Documentation of Caretaker Relative's Inability to Manage Funds. The TCA case manager shall record in the FIP case record:</text>
    <paragraph num="(1)">
      <text>Documentation of the caretaker relative's inability to manage funds; and</text>
    </paragraph>
    <paragraph num="(2)">
      <text>Confirmation of the need for the protective payee.</text>
    </paragraph>
  </paragraph>
  <paragraph num="H.">
    <text>Protective Payments Issued by Local Departments. A local department issuing protective payments as described in §§C and D of this regulation shall:</text>
    <paragraph num="(1)">
      <text>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:</text>
      <paragraph num="(a)">
        <text>FIP staff member; or</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Provider of goods and services, such as a landlord or a grocer, who deals with the applicant or recipient for profit;</text>
      </paragraph>
    </paragraph>
    <paragraph num="(2)">
      <text>Review the protective payee arrangement at least annually to ensure that the protective payee is responsibly disbursing the benefit for the FIP assistance unit;</text>
    </paragraph>
    <paragraph num="(3)">
      <text>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</text>
    </paragraph>
    <paragraph num="(4)">
      <text>Terminate the protective payee arrangement when the:</text>
      <paragraph num="(a)">
        <text>Disabled caretaker relative requests in writing to be the payee of the benefit; or</text>
      </paragraph>
      <paragraph num="(b)">
        <text>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.</text>
      </paragraph>
    </paragraph>
  </paragraph>
  <paragraph num="I.">
    <text>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.</text>
  </paragraph>
  <paragraph num="J.">
    <text>Vendor Payments—Voluntary. The local department shall:</text>
    <paragraph num="(1)">
      <text>Authorize a vendor payment to a local housing authority in an amount equal to the assistance unit's rent if the:</text>
      <paragraph num="(a)">
        <text>Assistance unit resides in public housing;</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Payee of the TCA benefit requests in writing that the assistance unit's rent be paid directly to the local housing authority; and</text>
      </paragraph>
      <paragraph num="(c)">
        <text>Local housing authority authorizes its local unit to become the payee of the recipient's rent;</text>
      </paragraph>
    </paragraph>
    <paragraph num="(2)">
      <text>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</text>
    </paragraph>
    <paragraph num="(3)">
      <text>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.</text>
    </paragraph>
  </paragraph>
  <paragraph num="K.">
    <text>Vendor Payments—Delinquent Rent. The local department shall:</text>
    <paragraph num="(1)">
      <text>Authorize a vendor payment to the local housing authority in an amount equal to the assistance unit's rent if the:</text>
      <paragraph num="(a)">
        <text>Assistance unit resides in public housing;</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Assistance unit's rent payment is 30 days or more delinquent; and</text>
      </paragraph>
      <paragraph num="(c)">
        <text>Local housing authority requests payment by the local department;</text>
      </paragraph>
    </paragraph>
    <paragraph num="(2)">
      <text>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;</text>
    </paragraph>
    <paragraph num="(3)">
      <text>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</text>
    </paragraph>
    <paragraph num="(4)">
      <text>Terminate payment of the rent when the:</text>
      <paragraph num="(a)">
        <text>Local housing authority requests termination; or</text>
      </paragraph>
      <paragraph num="(b)">
        <text>TCA benefits are paid directly to an employer to supplement wages.</text>
      </paragraph>
    </paragraph>
  </paragraph>
  <paragraph num="L.">
    <text>Third-Party Payees.</text>
    <paragraph num="(1)">
      <text>The third-party payee may be identified by the local department or the customer.</text>
    </paragraph>
    <paragraph num="(2)">
      <text>Consideration for selection of a third party shall include the ability to:</text>
      <paragraph num="(a)">
        <text>Track the family's funds and properly account for disbursement of the funds;</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Either personally or through trained staff or volunteers provide services relating to the TCA recipient's management of funds; and</text>
      </paragraph>
      <paragraph num="(c)">
        <text>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.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(3)">
      <text>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.</text>
    </paragraph>
    <paragraph num="(4)">
      <text>A third-party payment may not be authorized to:</text>
      <paragraph num="(a)">
        <text>A FIP staff member;</text>
      </paragraph>
      <paragraph num="(b)">
        <text>An individual with medically diagnosed alcoholism or drug addiction; or</text>
      </paragraph>
      <paragraph num="(c)">
        <text>An entity who deals with the customer for a profit, which would create a conflict of interest.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(5)">
      <text>An individual is not required to accept assistance from a religious organization if acceptance violates the individual's bona fide religious beliefs and practices.</text>
    </paragraph>
    <paragraph num="(6)">
      <text>A local department may pay an administrative fee to a third-party payee for administrative costs incurred.</text>
    </paragraph>
    <paragraph num="(7)">
      <text>A religious organization that is a third-party payee may not:</text>
      <paragraph num="(a)">
        <text>Impose the organization's religious instruction or worship practices on an individual; or</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Use administrative fees paid to the organization to further sectarian religious instruction or worship.</text>
      </paragraph>
    </paragraph>
  </paragraph>
</regulation>