Chapter 03. Family Investment Program
Regulation .01 Purpose and Scope.LinkCopy Citation
A.
Family Investment Programs.
(1)
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.
(2)
The scope of the following programs are as follows:
(a)
Temporary Cash Assistance provides cash assistance while preparing program participants for independence.
(b)
Office of Home Energy Programs includes:
(i)
Maryland Energy Assistance Program (MEAP); and
(ii)
Electric User Service Provider (EUSP).
B.
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.
Regulation .02 Definitions.LinkCopy Citation
A.
In this chapter, the following terms have the meanings indicated.
B.
Terms Defined.
(1)
“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.
(2)
“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.
(3)
“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.
(4)
“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.
(5)
“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.
(6)
“Assessment” means an evaluation of an applicant's strengths, resources, and needs to determine the services the applicant needs to become independent.
(7)
Asset.
(a)
“Asset” means any real or personal property an applicant or recipient owns which may be used to meet living expenses.
(b)
“Asset” includes cash on hand, savings, and items such as stocks and bonds that can be converted to cash.
(8)
“Assistance unit” means a group of eligible individuals living together for whom cash assistance has been authorized.
(9)
“Authorized representative” means an adult non-assistance unit member who has been designated in writing to act on behalf of the household.
(10)
“Caretaker relative” means a parent or other individual related by blood, marriage, or adoption living with and caring for a minor child.
(11)
“Case” means the group of individuals living together whose needs and resources are considered when authorizing program benefits.
(12)
Repealed.
(13)
“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.
(14)
“Customer” means an individual applying for or receiving assistance.
(15)
“Department” means the Department of Human Services.
(16)
“Disability Entitlement Advocacy Program (DEAP)” means a State program to help severely disabled individuals establish eligibility for federal disability programs.
(17)
“Domestic or family violence” means subjecting a spouse, ex-spouse, or intimate partner to:
(a)
Physical acts that result in, or threaten to result in, physical injury to the individual;
(b)
Sexual abuse;
(c)
Sexual activity involving a dependent child;
(d)
Nonconsensual sexual acts or activities;
(e)
Threats of, or attempts at, physical or sexual abuse;
(f)
Mental abuse;
(g)
Neglect or deprivation of medical care; or
(h)
False imprisonment.
(18)
Drug-Related Felony.
(a)
“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.
(b)
“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.
(19)
Earned Income.
(a)
“Earned income” means payment received by an individual for work or services performed.
(b)
“Earned income” includes wages, salary, commissions, tips, and proceeds from self-employment.
(20)
“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.
(21)
“Equity value” means the fair market value less all encumbrances.
(22)
“Fair market value” means the price for which an item can be sold in an open market in a given geographic area.
(23)
“Family independence plan” means a mutually agreed upon plan that:
(a)
Outlines the family's goals;
(b)
Describes the steps to achieve the goals; and
(c)
Identifies the responsibilities of the local department and customer to implement the steps.
(24)
“Family Investment Program (FIP)” means an individual assistance program of the Department that provides services, work experience, and cash assistance.
(25)
“Impairment” means an individual is unable to work at any occupation because of a medically verified physical or mental condition.
(26)
“Intentional program violation (IPV)” means an intentional false or misleading statement or misrepresentation, concealment, or withholding of facts for the purpose of:
(a)
Establishing or maintaining the assistance unit's eligibility for Family Investment Programs; or
(b)
Increasing or preventing a reduction of the amount of Family Investment Programs benefits.
(27)
“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.
(28)
“Local department” means:
(a)
The department of social services in a county or Baltimore City;
(b)
In Montgomery County, the Montgomery County Department of Health and Human Services; and
(c)
In the instance of Office of Home Energy Programs, the local administering agency.
(29)
“Local plans” means the plans developed by local departments of social services to operate the TCA program within State guidelines and federal requirements.
(30)
“National Voter Registration Act of 1993 (NVRA)” means Public Law 103-31 as amended.
(31)
“Nonprofit organization” means a religious, charitable, or volunteer organization exempt from taxation under §501(c)(3) of the Internal Revenue Code.
(32)
“Qualified immigrant” means an individual who is not a citizen of the United States who:
(a)
Is lawfully admitted for permanent residence under the Immigration and Nationality Act;
(b)
Is admitted to the United States as a refugee under §207 of the Immigration and Nationality Act;
(c)
Is granted asylum under §208 of the Immigration and Nationality Act;
(d)
Has had deportation or removal withheld under §243(h) or 241(b)(3) of the Immigration and Nationality Act;
(e)
Has been granted status as a Cuban or Haitian entrant as defined in §501(e) of the Refugee Education Assistance Act of 1980;
(f)
Is paroled into the United States under §212(d)(5) of the Immigration and Nationality Act for a period of at least 1 year;
(g)
Is granted conditional entry pursuant to §203(a)(7) of the Immigration and Nationality Act as in effect before April 1, 1980; or
(h)
Is a battered spouse, battered child, or parent or child of a battered individual.
(33)
“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.
(34)
“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.
(35)
“Recipient” means an individual in an active FIP assistance unit.
(36)
“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.
(37)
“Secretary” means the Secretary of Human Services.
(38)
“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.
(39)
“Supplemental Security Income (SSI)” means the federally funded program paid by the Social Security Administration to individuals who:
(a)
Meet established disability requirements; or
(b)
Are 65 years old or older.
(40)
“Temporary cash assistance (TCA)” means a form of cash assistance provided to assistance units which are technically and financially eligible.
(41)
“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.
(42)
“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.
(43)
“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.
(44)
“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.
(45)
Verification.
(a)
“Verification” means proof that the statements made by an individual during the application or recertification of eligibility for FIP are true.
(b)
“Verification” includes proof contained in documents or records of public or private agencies, or firms or individuals.
(46)
“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.
Regulation .03 Family Investment Program Components.LinkCopy Citation
A.
Eligible individuals may be referred to a program component during the application process described in Regulation .04 of this chapter.
B.
Welfare Avoidance Grant (WAG).
(1)
Individuals may not apply for a WAG.
(2)
A local department may offer a WAG according to criteria described in the local plan approved by the Department.
(3)
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.
(4)
A WAG agreement shall state the:
(a)
Reason for the WAG;
(b)
Period of time the WAG covers; and
(c)
The maximum amount of the WAG.
(5)
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:
(a)
There is a compelling need; and
(b)
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.
(6)
WAG as it relates to TCA. The local department:
(a)
Shall deny an application for TCA during the period covered by the WAG; and
(b)
May not pay TCA until the period covered by the WAG has expired.
(7)
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.
C.
Temporary Cash Assistance (TCA).
(1)
The individual may apply for TCA when the resources in §B of this regulation do not fully address the needs of the child.
(2)
A local department shall require an individual to satisfy child support requirements, as described in Regulation .10 of this chapter, before approving TCA.
(3)
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:
(a)
Transitional child care, based on the caretaker relative's income; and
(b)
Transitional Medical Assistance for 4 months, without consideration of the assistance unit’s income.
(4)
After the termination of TCA, the local department shall provide transitional food supplement benefits as described in COMAR 07.03.17.49H.
D.
Alternative Programs. An alternative program is an optional program in addition to FIP which:
(1)
May be developed and implemented by a local department to achieve the goals of FIP;
(2)
Has the approval of the Secretary; and
(3)
Is funded within the local department's allocated cash assistance and any local supplement.
E.
Emergency Assistance for Families with Children. Funds for meeting emergencies for families with children shall be paid as described in COMAR 07.03.08.
F.
Office of Home Energy Programs.
(1)
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.
(2)
The programs within Office of Home Energy Programs are:
(a)
Maryland Energy Assistance Program; and
(b)
Electric Universal Service Program.
Regulation .04 Application Process.LinkCopy Citation
A.
Right to File.
(1)
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.
(2)
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.
B.
Application.
(1)
The local department shall:
(a)
Require an individual applying for FIP to file an application specified and approved by the Department;
(b)
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;
(c)
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;
(d)
Limit access to information received from records of public or private entities in accordance with the confidentiality provisions in COMAR 07.01.07; and
(e)
Provide all individuals receiving benefits under FIP with clear and timely notice of their rights under §104(e) of Public Law 104-193 (1996).
(2)
The application shall be signed under penalty of perjury by:
(a)
The applicant;
(b)
An authorized representative; or
(c)
Someone acting responsibly for the applicant if the applicant is incompetent or incapacitated.
C.
Assessment.
(1)
Local departments shall assess the applicant's needs.
(2)
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:
(a)
Reasons for applying for, or continued reliance on, assistance;
(b)
Education level, job skills and readiness, and interests, to enable evaluation for appropriate program activities;
(c)
Available personal and family resources to facilitate independence;
(d)
History of domestic or family violence; and
(e)
History of substance abuse, as described in Regulation .09 of this chapter.
(3)
Based on the assessment of needs, the local department shall offer support services to an individual which may include, but are not limited to:
(a)
Child support services;
(b)
Job services;
(c)
Food Supplement Program benefits;
(d)
Medical Assistance;
(e)
Social services;
(f)
Family preservation services;
(g)
Referral to Family Planning and Early and Periodic Screening, Diagnosis, and Treatment (EPSDT) services;
(h)
Child care;
(i)
Transportation; and
(j)
Referrals to other services, including, but not limited to:
(i)
Housing;
(ii)
Community resources;
(iii)
Education programs;
(iv)
Substance abuse treatment as described in Regulation .09 of this chapter; and
(v)
Special Supplemental Nutrition Program for Women, Infants, and Children (WIC).
(4)
During the assessment, the local department shall give, in writing and orally, appropriate information which includes a:
(a)
Description of available services;
(b)
Statement of the applicant's rights and responsibilities;
(c)
Statement describing fraud and acknowledging the penalties for fraud; and
(d)
Description of substance abuse requirements as described in Regulation .09 of this chapter.
(5)
During the assessment, the applicant shall be offered an opportunity to register to vote in accordance with the National Voter Registration Act of 1993.
D.
Agreement.
(1)
An applicant and the local department shall develop and sign an agreement, called the Family Independence Plan, specifying the:
(a)
Family's goals;
(b)
Requirement to comply with requests for cooperation;
(c)
Work activities in which the individual shall participate;
(d)
Requirement to apply for all potential resources;
(e)
Other actions which the individual is required to take; and
(f)
Support services that the local department shall provide.
(2)
The applicant's actions may include but are not limited to participating in:
(a)
Child support activities;
(b)
Job search activities;
(c)
Employment activities;
(d)
Community service; and
(e)
Substance abuse treatment programs as described in Regulation .09 of this chapter, if appropriate.
E.
Verification.
(1)
The local department shall verify the following factors of FIP eligibility:
(a)
Countable income;
(b)
Social Security number for each household member or proof of application for a new or replacement card; and
(c)
The immigration status of any noncitizen.
(2)
The local department may require verification of any questionable information provided by the individual.
(3)
Questionable information includes information that contradicts:
(a)
Statements made by the customer in writing, verbally or on the application; or
(b)
Information available to the Department from other sources.
(4)
The primary source for obtaining verification is the applicant or recipient.
(5)
The local department shall provide a list of required verifications and assist the applicant, recipient, or the representative in obtaining the necessary verifications.
F.
Case Record. The local department shall establish and maintain a paper and an electronic TCA case record that contains:
(1)
Narration;
(2)
Verifications; and
(3)
Other documentation related to the TCA assistance unit.
Regulation .05 Decision on Application.LinkCopy Citation
A.
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.
B.
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.
C.
If the assistance unit is not eligible in the month of application, the TCA grant begins the first day of the following month.
D.
The local department shall specify a period of eligibility for TCA that is not more than 12 months.
E.
An applicant is not eligible when:
(1)
The assistance unit does not meet need requirements or technical factors of eligibility;
(2)
The applicant withdraws the application; or
(3)
There is insufficient information to determine eligibility.
F.
The local department shall dispose of an application by a finding of eligibility or ineligibility unless:
(1)
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
(2)
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.
G.
The local department shall:
(1)
Provide written notice to the applicant to indicate either the authorized amount of financial assistance, or the denial or termination of assistance; and
(2)
Include on the notice:
(a)
The action taken;
(b)
The regulation supporting the action; and
(c)
An explanation of the individual's right to request an administrative hearing about the decision.
Regulation .06 The Assistance Unit.LinkCopy Citation
A.
The assistance unit includes all of the following individuals living in the same household:
(1)
A parent and all eligible children;
(2)
A parent or child of a minor parent;
(3)
All minor siblings related by blood, adoption, or marriage except those described in §§B(5) and C of this regulation;
(4)
A pregnant woman with no other children if:
(a)
The child, if born and living with the woman, would be eligible; and
(b)
Financial need and all eligibility requirements are met; and
(5)
Unmarried adults living as a family unit when the unmarried adults have a child together, including an unborn child.
B.
The assistance unit may include the following individuals:
(1)
A child from a sanctioned unit when another caretaker relative has obtained legal guardianship for the child;
(2)
A child from a sanctioned unit who has been placed in the home of a caretaker relative by social services;
(3)
A child from a sanctioned unit who is living in the home of another caretaker relative when the sanctioned caretaker relative is institutionalized;
(4)
A stepparent who has a biological or adopted minor child in the home but no child in common with the spouse; and
(5)
Unmarried adults living as a family unit when each unmarried adult has a biological or adopted child in the home.
C.
The assistance unit may not include:
(1)
An illegal or undocumented immigrant or an immigrant excluded pursuant to the provisions of Regulation .07A(2) of this chapter;
(2)
An individual who fails to meet technical factors of eligibility;
(3)
A stepparent with no minor children in the home;
(4)
A child for whom foster care is paid;
(5)
A child for whom an adoption subsidy is paid;
(6)
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)
A felony under the laws of the place from which the individual is fleeing; or
(b)
In the case of New Jersey, a high misdemeanor under the laws of that state;
(7)
An individual violating a condition of probation or parole, imposed as the result of a felony, under federal, State, or other state law;
(8)
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;
(9)
An individual convicted of fraudulent misrepresentation as described in Regulation .19C of this chapter;
(10)
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;
(11)
An institutionalized individual;
(12)
An SSI recipient;
(13)
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
(14)
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.
D.
Unmarried Pregnant Minor or Unmarried Minor Parent.
(1)
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:
(a)
Full-time and attending educational activities leading to a high school diploma; or
(b)
In an alternative education or training program approved by the State.
(2)
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:
(a)
The minor has no living available adult relatives;
(b)
The available adult relatives do not allow the minor to reside in their households;
(c)
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;
(d)
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;
(e)
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;
(f)
The minor lived apart from the minor's parent or legal guardian for at least 1 year before the application for assistance; or
(g)
The minor resides in an adult-supervised supportive living arrangement.
(3)
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.
Regulation .07 Eligibility Requirements.LinkCopy Citation
A.
Citizenship and Immigration Status.
(1)
A TCA recipient shall be a:
(a)
U.S. citizen; or
(b)
Qualified immigrant as described in Regulation .02B of this chapter or otherwise permanently residing in the United States under color of law.
(2)
Qualified immigrants who are not eligible for federally funded benefits shall be:
(a)
Eligible for benefits funded entirely with State general funds; and
(b)
Guaranteed medical assistance only if the individual meets the definition of a child.
B.
Residence.
(1)
The applicant and all recipients shall be residents of the State.
(2)
A resident of the State is one who:
(a)
Is living in the State voluntarily and not for a temporary purpose and has no immediate intention of moving from the State; and
(b)
Is not receiving assistance from another state.
(3)
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.
(4)
A child in the assistance unit may live outside the State as described in §D(2) and (3) of this regulation.
C.
Age. To be eligible, a child shall be:
(1)
Younger than 18 years old;
(2)
A full-time student in secondary school, or an equivalent, and younger than 19 years old; or
(3)
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.
D.
Living with a Relative.
(1)
The child shall live with a relative in a place maintained as their home.
(2)
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.
(3)
The child is eligible if absent from the home for more than 180 days if the following conditions are met:
(a)
The child is absent for educational or treatment purposes;
(b)
The Secretary or the Secretary's designee has approved the purpose for the absence; and
(c)
The relative retains responsibility, custody, and control for the child.
(4)
The needy caretaker relative remains eligible when absent from the home if:
(a)
The absence is because of:
(i)
Illness;
(ii)
Education; or
(iii)
Employment;
(b)
The absence does not exceed 90 days;
(c)
State residency has not been abandoned; and
(d)
The caretaker maintains responsibility, care, and control of the child.
E.
Social Security Number. As a condition of eligibility for FIP, the caretaker relative shall furnish to the local department:
(1)
A Social Security number for each member of the assistance unit; or
(2)
Proof that application for a Social Security number has been made.
F.
Suitability of Home.
(1)
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.
(2)
“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.
(3)
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.
(4)
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.
G.
Effect of Participation in a Strike.
(1)
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.
(2)
Participation in a strike does not constitute good cause to leave or to refuse to seek or accept employment.
H.
Primary Prevention Initiative.
(1)
An assistance unit is subject to disallowances if the following conditions are not met, without good cause:
(a)
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
(b)
Verification that each child who is 7 years old or older in the calendar year is:
(i)
Attending school at least 80 percent of the time; or
(ii)
A high school graduate.
(2)
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.
(3)
Good cause for failure to meet the school attendance requirements is limited to one or more of the following:
(a)
Cooperating with a service agreement for Child Protective Services, Intensive Family Services, or Families Now;
(b)
Verification of an acute or chronic medical condition or learning disability of the child or the minor parent's child;
(c)
Verification of the observance of religious holidays; or
(d)
Verification of the death of an immediate family member, if:
(i)
A maximum of 3 days is allowed;
(ii)
The immediate family member is defined as a parent, grandparent, child, sibling, or caretaker relative; and
(iii)
The death is verified through an obituary notice, death certificate, funeral program, or other similar documentation.
(4)
The disallowance for each child who is not in compliance with health or education requirements, without good cause, shall be:
(a)
$25 for a child who is not a minor parent; and
(b)
The incremental portion of the allowable amount for a minor custodial parent who is not:
(i)
Attending school at least 80 percent of the time;
(ii)
A high school graduate; or
(iii)
Enrolled and participating in an alternative education or training program approved by the State.
(5)
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.
Regulation .07-1 Employment and Education Requirements.LinkCopy Citation
A.
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:
(1)
Approved by the local department;
(2)
Likely to result in unsubsidized employment; and
(3)
Scheduled up to 40 hours per week.
B.
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.
C.
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.
D.
The following individuals are exempt from the work activity requirements:
(1)
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;
(2)
Adults and children in the assistance unit who are severely disabled;
(3)
Children younger than 16 years old;
(4)
Adults caring for a disabled family member living in the home;
(5)
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
(6)
Non-parent caretaker relatives who have no children of their own in the assistance unit.
E.
An individual is not exempt as disabled for more than 12 months unless the:
(1)
Individual has applied for Supplemental Security Income (SSI); and
(2)
SSI application is approved, pending, or in the appeal stage.
F.
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.
G.
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:
(1)
Educational activities leading to a diploma; or
(2)
An alternative education or training program approved by the State.
H.
Voluntary Quit and Reduction in Work Hours.
(1)
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.
(2)
At application the assistance unit is ineligible for TCA for 30 days from the date of the quit or reduction of work hours if:
(a)
The voluntary quit was from employment that:
(i)
Was at least 30 hours per week; or
(ii)
Paid at least 30 times the State or federal minimum hourly wage per week, whichever is higher; or
(b)
Hours were reduced:
(i)
To less than 30 hours per week; or
(ii)
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.
(3)
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.
(4)
The local department shall follow the good cause reasons listed in §§I and J of this regulation to determine acceptable good cause for:
(a)
Refusing or failing to cooperate with work requirements;
(b)
Quitting a job; or
(c)
Reducing work hours.
I.
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:
(1)
Illness or incapacity of the individual required to be in a work activity or job, with documentation specifying the:
(a)
Ill or disabled individual's prognosis;
(b)
Doctor's expectation for the length of the illness or disability;
(c)
Activities the individual may engage in; and
(d)
Activities the individual may not engage in;
(2)
Verified, court-required appearance or temporary incarceration;
(3)
Domestic violence or other family crisis that threatens normal family functioning;
(4)
A breakdown in transportation arrangements when there is no accessible means of transportation;
(5)
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;
(6)
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:
(a)
Unavailability of appropriate child care within a reasonable distance from the parent's home or work site;
(b)
Unavailability or unsuitability of informal child care by a relative or others; or
(c)
Unavailability or unsuitability of appropriate and affordable formal child care arrangements;
(7)
Lack of supportive services identified in the Family Independence Plan and agreed upon by the recipient and the local department;
(8)
Other circumstances determined to be good cause by the local department.
J.
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:
(1)
Taking a new job with another employer;
(2)
Discrimination based on age, race, gender, religious or political belief, sexual orientation, marital status, mental or physical disability, or national origin;
(3)
Hazardous working conditions;
(4)
Resignation at employer's request.
K.
Participation in a work activity includes, but is not limited to:
(1)
Unsubsidized employment;
(2)
Subsidized employment;
(3)
Work experience;
(4)
On the job training;
(5)
Job search;
(6)
Community service programs;
(7)
Vocational educational training; or
(8)
Job skills directly related to employment.
L.
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.
M.
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.
Regulation .08 Long Term Disability.LinkCopy Citation
A.
Impairment.
(1)
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:
(a)
Be referred to the Social Security Administration for determination of eligibility for SSI or other benefit; and
(b)
Sign an Interim Payment Reimbursement Authorization as described in §B of this regulation.
(2)
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:
(a)
Apply for the benefit; and
(b)
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.
(3)
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.
(4)
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:
(a)
Of $60 from administrative funds for each examination; and
(b)
Not to exceed $40 for laboratory work.
B.
Interim Payment Reimbursement Authorization.
(1)
The individual shall pursue SSI as a condition of eligibility.
(2)
The individual shall sign an Interim Assistance Reimbursement Authorization which permits the:
(a)
Social Security Administration to send the individual's initial SSI payments to the Department or the local department; and
(b)
Department or the local department to deduct from the payments an amount equal to the interim assistance provided.
(3)
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.
(4)
Interim assistance is the amount of TCA assistance provided to an individual during the period:
(a)
Beginning the month the recipient applies for SSI benefits; and
(b)
Ending the month the SSI payments begin.
(5)
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.
(6)
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.
(7)
If the individual dies before SSI eligibility has been determined, the:
(a)
State retains the right to receive benefits due for the retroactive period; and
(b)
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.
C.
Presumptive SSI Payment.
(1)
A presumptive SSI payment is made by the Social Security Administration for a maximum of 6 months pending the final eligibility determination.
(2)
The individual shall report receipt of SSI presumptive eligibility payments to the local department within 10 days of receipt.
(3)
The individual is ineligible for the period during which presumptive SSI is paid.
Regulation .09 Substance Abuse Treatment, Services, and Sanction Requirements.LinkCopy Citation
A.
Adult and minor parent applicants and recipients of TCA shall:
(1)
Be screened for substance abuse in the local department by the addictions specialist; and
(2)
Comply with assessment and treatment requirements, if appropriate.
B.
Screening and Assessment.
(1)
During the assessment of an applicant or recipient's needs, the addictions specialist shall advise the individual of the:
(a)
Substance abuse requirements specified in §C of this regulation; and
(b)
Penalties for failure to comply with these requirements.
(2)
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:
(a)
Obligation to participate in drug testing; and
(b)
Penalty for a custodial parent recipient convicted of a drug-related felony after July 1, 2000, as specified in §E(5) of this regulation.
(3)
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.
C.
Eligibility Requirements.
(1)
As a condition of eligibility for TCA, the adult and minor parent shall:
(a)
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;
(b)
Enroll and maintain active enrollment in an appropriate treatment program when referred by the addictions specialist or a substance abuse treatment provider; and
(c)
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:
(i)
Results of a substance abuse screening, assessment, or other test to determine the individual's need for substance abuse treatment;
(ii)
Results of the individual's referral to substance abuse treatment; and
(iii)
Individual's ongoing treatment status.
(2)
If an appropriate treatment program is not available, the individual is deemed participating and sanctions may not be imposed.
(3)
As a condition of eligibility for TCA, the custodial parent convicted of a drug-related felony that was committed after August 22, 1996, shall:
(a)
Comply with the requirements specified in §C(1) of this regulation; and
(b)
For a period of 2 years starting from the date of application, participate in drug testing.
D.
Sanctions for Noncompliance with Substance Abuse Provisions.
(1)
When the addictions specialist or the direct provider of services notifies the local department that the adult or minor parent:
(a)
Applicant failed to comply with the requirements specified in §C of this regulation, the local department shall:
(i)
Deny the application;
(ii)
Notify the applicant of the specific reason why the applicant has not met the requirements and is not eligible for TCA; and
(iii)
Separately determine eligibility for Medical Assistance and food stamps for the applicant; or
(b)
Recipient failed to comply with the requirements specified in §C of this regulation, the local department shall:
(i)
Follow the conciliation procedures as described in Regulation .19A(3) of this chapter;
(ii)
Remove the individual's incremental portion from the full benefit amount;
(iii)
Pay the remainder of the benefit to a third-party payee;
(iv)
Notify the individual of the specific reasons why the individual is not in compliance with FIP requirements;
(v)
Notify the individual of the adjusted benefit amount and payment of the benefit to a third-party payee; and
(vi)
Notify the individual of the effective date of the agency action, which is 30 days after the date of the notice.
(2)
The reduced benefit remains in effect until the adult or minor parent has complied with the requirements specified in §C of this regulation.
(3)
The addictions specialist shall notify the local department when the adult or minor parent has complied with the requirements.
(4)
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.
E.
Sanctions for Noncompliance with Substance Abuse Provisions by a Custodial Parent Convicted of a Drug-Related Felony.
(1)
When the addictions specialist or the direct provider of services notifies the local department that the custodial parent:
(a)
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:
(i)
Deny the application;
(ii)
Notify the applicant of the specific reason why the applicant has not met the requirements and is not eligible for TCA; and
(iii)
Separately determine eligibility for Medical Assistance for the applicant; or
(b)
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:
(i)
Follow the conciliation procedures as described in Regulation .19A(3) of this chapter;
(ii)
Remove the individual's incremental portion from the full benefit amount;
(iii)
Pay the remainder of the benefit to a third-party payee;
(iv)
Notify the individual of the specific reasons why the individual is not in compliance with FIP requirements;
(v)
Notify the individual of the adjusted benefit amount and payment of the benefit to a third-party payee; and
(vi)
Notify the individual of the effective date of the agency action, which is 30 days after the date of the notice.
(2)
The reduced benefit remains in effect until the adult or minor parent has complied with the requirements specified in §C of this regulation.
(3)
The addictions specialist shall notify the local department when the adult or minor parent has complied with the requirements.
(4)
The sanctioned parent retains eligibility for Medical Assistance as long as the parent continues to meet the Medical Assistance requirements.
(5)
Period of Ineligibility.
(a)
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.
(b)
The local department shall notify the recipient of the:
(i)
Specific reason why the recipient has failed to meet program requirements; and
(ii)
Effective date of the agency action.
(c)
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:
(i)
Is released from incarceration;
(ii)
Completes any term of probation; or
(iii)
Completes any term of parole or mandatory supervision.
Regulation .10 Child Support Requirements.LinkCopy Citation
A.
As a condition of eligibility for TCA, the applicant or recipient shall:
(1)
File an application for child support enforcement services;
(2)
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
(3)
Unless exempt for good cause, cooperate in the establishment and enforcement of child support for each child in:
(a)
Identifying and locating the absent parent of a child for whom assistance is requested;
(b)
Establishing the paternity of a child born out of wedlock for whom assistance is requested; and
(c)
Obtaining support payments or any other payments or property due to the caretaker relative or the child for whom assistance is requested.
B.
The Department's Child Support Administration is the entity responsible for determining:
(1)
Noncooperation for child support; and
(2)
Adequate reason for noncooperation.
C.
Cooperation includes the following:
(1)
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;
(2)
Appearing as a witness at court or other hearings or proceedings necessary to achieve the objectives of §A of this regulation;
(3)
Providing information that the individual can reasonably be expected to provide, or attesting to the lack of information, under penalty of perjury; and
(4)
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.
D.
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.
E.
Adequate Reason.
(1)
Circumstances beyond an individual's control are adequate reasons for noncooperation with child support.
(2)
These circumstances include but are not limited to:
(a)
Mail from the child support enforcement agency going to the incorrect address;
(b)
Natural disaster or civil disorder;
(c)
Critical illness;
(d)
Family crisis requiring the individual's full attention; and
(e)
The individual is away from home both during the period notices were sent and the appointments were scheduled.
F.
Good Cause.
(1)
“Good cause” means that circumstances exist in which the cooperation with child support may be against the best interest of the child.
(2)
Good cause exists when:
(a)
Cooperation is reasonably anticipated to result in serious physical or emotional harm to the:
(i)
Child for whom support is sought; or
(ii)
Caretaker relative with whom the child is living;
(b)
The child for whom support is sought was conceived as a result of incest or forcible rape;
(c)
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
(d)
Legal proceedings for the adoption of the child are pending before a court of competent jurisdiction.
G.
Evidence of Good Cause.
(1)
An individual who claims good cause under §F of this regulation is not required to produce written evidence.
(2)
If the individual is able to obtain them, the following documents may be used as acceptable evidence of good cause:
(a)
A birth certificate or law enforcement record which indicates that the child was conceived as a result of incest or forcible rape;
(b)
A court document or other record that indicates that legal proceedings for adoption are pending before a court of competent jurisdiction;
(c)
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;
(d)
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;
(e)
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
(f)
A written statement from the caretaker or other individuals with knowledge of the circumstances that provide the basis for a good cause reason.
H.
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.
I.
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.
J.
Determination of Good Cause.
(1)
The determination of good cause for noncooperation with child support is the responsibility of the FIP case manager.
(2)
The local department shall make a good cause determination based on the corroborative evidence supplied by the caretaker relative.
(3)
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:
(a)
Shall be in writing;
(b)
Contains the local department's findings and the basis for the determination, a copy of which shall be retained in the FIP record; and
(c)
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.
(4)
The local department shall promptly report its findings to the child support enforcement agency.
(5)
The child support enforcement agency may participate in an administrative hearing involving a good cause claim.
(6)
The local department may not deny, delay, or terminate assistance pending a determination of good cause for refusal to cooperate.
K.
The local department shall:
(1)
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
(2)
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.
Regulation .11 Financial Eligibility.LinkCopy Citation
A.
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.
B.
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.
Regulation .12 Assets.LinkCopy Citation
The local department shall:
A.
Exclude assets of an individual when determining TCA eligibility; and
B.
Count the assets of a sponsor when determining TCA eligibility for a sponsored immigrant as described in Regulation .15C of this chapter.
Regulation .13 Income and Benefit Amount.LinkCopy Citation
A.
Sources of Countable Income.
(1)
TCA income calculations apply to both members of an assistance unit and nonmembers whose income is countable to the assistance unit.
(2)
Each member of the assistance unit is considered to be a recipient of FIP even though no cash assistance is paid.
(3)
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:
(a)
Apply the income disregards as described in §E(3) of this regulation to the income of the ineligible member;
(b)
Divide the result by the number of individuals in the assistance unit plus the ineligible member; and
(c)
Multiply the quotient by the number of assistance unit members to obtain the amount of income countable from the ineligible member.
(4)
Determination of Stepparent Income.
(a)
The income countable to TCA from a stepparent is determined in the following manner:
(i)
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
(ii)
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.
(b)
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:
(i)
20 percent of the gross earned income, or 50 percent of the gross income if self-employed;
(ii)
Out-of-pocket child care expenses as described in §E(3)(c) of this regulation;
(iii)
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;
(iv)
Verified alimony or child support payments a stepparent makes to persons outside the stepparent's family; and
(v)
Verified payments a stepparent makes to dependents outside the home.
B.
Countable Earned Income.
(1)
Earnings from employment before consideration of any expenses required to earn the income include, but are not limited to:
(a)
Wages;
(b)
Salaries;
(c)
Commissions;
(d)
Tips;
(e)
Earnings from self-employment;
(f)
Armed Services Basic Allowance; and
(g)
Infrequent or irregular earnings excluding up to a maximum of $30 per calendar quarter.
(2)
Earned income is computed as a monthly amount as follows:
(a)
Multiply the weekly gross earned income by 4;
(b)
Multiply the gross earned income received once every 2 weeks by 2;
(c)
Divide the gross earned income received monthly by 4.3, and multiply by 4; or
(d)
Divide the annual gross income by 52 and multiply by 4.
C.
Countable Unearned Income.
(1)
Unearned income includes, but is not limited to, the following:
(a)
The portion of a sponsor's income countable to the assistance unit as described in Regulation .15B of this chapter;
(b)
Lump sum income as described in Regulation .14 of this chapter;
(c)
The prorated portion of the income of a technically ineligible individual as described in §A(3) of this regulation;
(d)
Child support received by the assistance unit;
(e)
Monetary gifts received by the assistance unit;
(f)
Monetary contributions received by the assistance unit;
(g)
Social Security retirement, survivors, and disability benefits received by the assistance unit;
(h)
Workers' compensation;
(i)
Unemployment insurance benefits received by the assistance unit;
(j)
The first $60 of government housing subsidies paid on behalf of recipients residing in:
(i)
Public housing;
(ii)
Section 8 housing; or
(iii)
Housing receiving rental assistance from the Farmer's Home Administration (FMHA), §515 of the Rental Assistance Act; and
(k)
Infrequent or irregular unearned income excluding up to a maximum of $200 per 6 months.
(2)
Unearned income is calculated as a monthly amount as follows:
(a)
Multiply income received once every 2 weeks by 2;
(b)
Multiply income received weekly by 4;
(c)
Multiply income received twice a month by 2;
(d)
Divide income received less often than monthly, including annual income, by the period of time it is intended to cover; and
(e)
Count monthly income as received.
D.
Excluded Income. All income of a member of an assistance unit is countable except the following:
(1)
Earned income of a child;
(2)
The amount of earned income tax credit (EITC);
(3)
Earned or unearned in-kind income;
(4)
Earned income of an SSI recipient;
(5)
SSI benefit amount;
(6)
The value of the allotment provided under the Food Stamp Program;
(7)
A grant or loan to an undergraduate student for education purposes;
(8)
Educational work study earnings;
(9)
Government housing subsidies in excess of $60 per month on behalf of recipients residing in:
(a)
Public housing;
(b)
Section 8 housing; or
(c)
Housing receiving rental assistance from the Farmer's Home Administration (FMHA), §515 of the Rental Assistance Act;
(10)
Third-party vendor payments;
(11)
Loans, other than those in §C(1)(d) of this regulation, under the following conditions:
(a)
All loans are excluded, including loans from private individuals and commercial institutions;
(b)
A formal repayment agreement is not required but the intent to repay the loan must exist;
(c)
The household's statement may be accepted regarding the repayment agreement; and
(d)
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;
(12)
Training allowances and expenses by active participants in approved FIP activities;
(13)
Foster care payments received by an individual on behalf of a foster child;
(14)
Payments received under a crime victims compensation program;
(15)
Federal, State, and local income tax refunds;
(16)
Reimbursements for out-of-pocket expenses while performing volunteer work;
(17)
Cash donations based on need from one or more private nonprofit charitable organizations;
(18)
Adoption subsidies; and
(19)
Income specifically excluded as countable income for TANF by federal law.
E.
Benefit Amount.
(1)
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.
(2)
The assistance unit shall be issued a benefit if determined to be eligible for $10 or more.
(3)
Net countable income for an assistance unit is determined by applying the allowable disregards in the following sequence:
(a)
20 percent of the gross earned income or 50 percent of gross self-employment income to test for eligibility during the application process;
(b)
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;
(c)
Payments for the care of each child in the assistance unit or an incapacitated adult living in the home not to exceed:
(i)
$200 monthly for employment of 100 hours or more per month; or
(ii)
$100 monthly for employment less than 100 hours per month; and
(d)
Verified payments of child support to an individual outside the assistance unit.
(4)
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:
(a)
Accept or continue employment;
(b)
Seek employment;
(c)
Attend an assessment or training that leads to employment; or
(d)
Pursue education that leads to employment.
Regulation .14 Lump Sum Income.LinkCopy Citation
A.
Lump sum income is a nonrecurrent money payment received by the assistance unit.
B.
Lump sum income is calculated as follows:
(1)
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;
(2)
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;
(3)
The assistance unit is ineligible for the period of months equal to the quotient;
(4)
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
(5)
If the lump sum is less than a monthly payment amount for the assistance unit, the lump sum is excluded.
C.
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:
(1)
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:
(a)
Theft of money;
(b)
Disaster defined as fire, flood, tornado, or civil disorder;
(c)
Eviction or foreclosure;
(d)
Theft or breakdown of an essential appliance;
(e)
Breakdown of essential household furnishings, equipment, or structure necessitating repair or replacement; or
(f)
Lack of heating or utilities or insufficient fuel supply;
(2)
Assistance unit incurs and pays medical expenses;
(3)
Assistance unit uses the lump sum to repair a vehicle, purchase a vehicle, or pay car insurance; or
(4)
Lump sum income becomes unavailable to the assistance unit due to circumstances beyond the assistance unit's control as defined by the local department.
Regulation .15 Sponsored Qualified Immigrants.LinkCopy Citation
A.
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.
B.
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:
(1)
20 percent of the gross earned income, or 50 percent of the gross income if self-employed;
(2)
Out-of-pocket child care expenses as described in Regulation .13E(3)(c) of this chapter;
(3)
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;
(4)
Verified payments of alimony or child support a sponsor makes to individuals outside the sponsor's family; and
(5)
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.
C.
Assets of Sponsors.
(1)
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.
(2)
Countable assets include:
(a)
Cash on hand;
(b)
Money in a savings account; and
(c)
Money in a checking account.
D.
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.
E.
Exempt Immigrants. The provisions §§A—D of this regulation do not apply to an immigrant who is:
(1)
Sponsored by an organization or group instead of an individual;
(2)
Not required to have a sponsor under the Immigrant and Nationality Act, such as, but not limited to:
(a)
A refugee;
(b)
A parolee;
(c)
An individual granted asylum; or
(d)
A Cuban or Haitian entrant;
(3)
A battered spouse or child, with the exemption lasting 12 months, if:
(a)
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;
(b)
The battery or cruelty has a substantial connection to the need for benefits; and
(c)
The spouse or child subjected to the cruelty is not living with the individual who committed the acts; or
(4)
Abandoned by their sponsor or where the sponsor's contribution is so inadequate that the immigrant would otherwise go without food and shelter.
F.
Sponsored Immigrant Responsibility. During the period the immigrant is subject to §§A—D of this regulation, the immigrant is responsible for:
(1)
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
(2)
Providing the names, or other identifying factors, of other immigrants for whom the immigrant's sponsor has signed an affidavit of support.
G.
Awaiting Verification. Until a sponsored immigrant provides information or verification necessary to calculate income and resources as described in §§B—D of this regulation:
(1)
The sponsored immigrant is ineligible; and
(2)
The local department:
(a)
Shall determine the eligibility and benefit level of any remaining assistance unit members;
(b)
Shall consider available to the remaining household members the income and resources of the sponsored immigrant; and
(c)
May not include the deemed income and resources of the immigrant's sponsor or the sponsor's spouse.
H.
Termination of Support Obligation.
(1)
The sponsor's support obligation terminates when the sponsored immigrant:
(a)
Becomes a citizen of the United States;
(b)
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;
(c)
Ceases to hold the status of an alien lawfully admitted for permanent status and has departed the U.S.; or
(d)
Dies.
(2)
The sponsor's support obligation ends if the sponsor dies.
(3)
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.
Regulation .16 Method of Payment.LinkCopy Citation
A.
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.
B.
TCA Grant.
(1)
A TCA grant is paid by check or by the electronic benefit transfer system (EBTS).
(2)
The period of time covered by a TCA grant is the calendar month.
(3)
The grant is not paid for a past period of time except as provided in COMAR 07.03.14.
(4)
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.
(5)
If the benefits are moved off-line, the customer may request the local department to reissue the benefits.
C.
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:
(1)
Gambling, including, but not limited to, a casino, a business containing slot machines, race tracks, or off-track betting businesses;
(2)
Adult entertainment in which individuals disrobe for an audience, including, but not limited to, strip clubs, adult clubs, or online pornography; or
(3)
The sale of liquor, wine, and beer, including, but not limited to, liquor stores, bars, or package good stores.
D.
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:
(1)
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;
(2)
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;
(3)
A recipient in violation a third time shall have the access to TCA benefits on the EBT card revoked permanently;
(4)
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;
(5)
TCA recipients not able to provide checking or savings account information shall be issued a paper check;
(6)
Cash benefits on direct deposit may not be replaced if lost or stolen;
(7)
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
(8)
A recipient who is requesting a replacement TCA paper check because of theft shall provide a police report of the theft.
E.
The payee shall be one of the following:
(1)
A relative caretaker described in Regulation .07D of this chapter;
(2)
A protective payee approved by the local department when the caretaker is:
(a)
Physically or mentally disabled;
(b)
Unable to manage funds; or
(c)
A pregnant or unmarried minor parent;
(3)
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
(4)
A third-party payee as described in §J of this regulation when:
(a)
Transitional assistance is authorized as prescribed in Regulation .19A(6) of this chapter; or
(b)
An adult is sanctioned for failure to comply with substance abuse requirements as described in Regulation .09C of this chapter.
F.
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:
(1)
The caretaker relative is physically or mentally disabled and makes a written request for a protective payee;
(2)
The Social Security Administration pays the caretaker relative's benefits to the protective payee; or
(3)
The local department's social services worker confirms the need for a protective payee and verifies the caretaker relative's inability to manage funds.
G.
Documentation of Caretaker Relative's Inability to Manage Funds. The TCA case manager shall record in the FIP case record:
(1)
Documentation of the caretaker relative's inability to manage funds; and
(2)
Confirmation of the need for the protective payee.
H.
Protective Payments Issued by Local Departments. A local department issuing protective payments as described in §§C and D of this regulation shall:
(1)
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:
(a)
FIP staff member; or
(b)
Provider of goods and services, such as a landlord or a grocer, who deals with the applicant or recipient for profit;
(2)
Review the protective payee arrangement at least annually to ensure that the protective payee is responsibly disbursing the benefit for the FIP assistance unit;
(3)
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
(4)
Terminate the protective payee arrangement when the:
(a)
Disabled caretaker relative requests in writing to be the payee of the benefit; or
(b)
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.
I.
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.
J.
Vendor Payments—Voluntary. The local department shall:
(1)
Authorize a vendor payment to a local housing authority in an amount equal to the assistance unit's rent if the:
(a)
Assistance unit resides in public housing;
(b)
Payee of the TCA benefit requests in writing that the assistance unit's rent be paid directly to the local housing authority; and
(c)
Local housing authority authorizes its local unit to become the payee of the recipient's rent;
(2)
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
(3)
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.
K.
Vendor Payments—Delinquent Rent. The local department shall:
(1)
Authorize a vendor payment to the local housing authority in an amount equal to the assistance unit's rent if the:
(a)
Assistance unit resides in public housing;
(b)
Assistance unit's rent payment is 30 days or more delinquent; and
(c)
Local housing authority requests payment by the local department;
(2)
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;
(3)
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
(4)
Terminate payment of the rent when the:
(a)
Local housing authority requests termination; or
(b)
TCA benefits are paid directly to an employer to supplement wages.
L.
Third-Party Payees.
(1)
The third-party payee may be identified by the local department or the customer.
(2)
Consideration for selection of a third party shall include the ability to:
(a)
Track the family's funds and properly account for disbursement of the funds;
(b)
Either personally or through trained staff or volunteers provide services relating to the TCA recipient's management of funds; and
(c)
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.
(3)
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.
(4)
A third-party payment may not be authorized to:
(a)
A FIP staff member;
(b)
An individual with medically diagnosed alcoholism or drug addiction; or
(c)
An entity who deals with the customer for a profit, which would create a conflict of interest.
(5)
An individual is not required to accept assistance from a religious organization if acceptance violates the individual's bona fide religious beliefs and practices.
(6)
A local department may pay an administrative fee to a third-party payee for administrative costs incurred.
(7)
A religious organization that is a third-party payee may not:
(a)
Impose the organization's religious instruction or worship practices on an individual; or
(b)
Use administrative fees paid to the organization to further sectarian religious instruction or worship.
Regulation .17 Temporary Cash Assistance Schedule.LinkCopy Citation
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. Number of Individuals in the Assistance Unit |
B. Allowable Amount to be Paid |
C. Allowable Amount for Determining 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 |
Regulation .18 Reapplication, Changes, Timely and Adequate Notice.LinkCopy Citation
A.
Reapplication.
(1)
The local department shall:
(a)
Assign a period of eligibility as described in Regulation .05D of this chapter, after which a new application is required;
(b)
Notify a recipient when a reapplication is required; and
(c)
Schedule an interview for a reapplication in time to provide uninterrupted benefits.
(2)
A reapplication is treated the same as an application.
B.
Interim Change.
(1)
The local department shall advise applicants and recipients of the change reporting requirements.
(2)
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.
(3)
A recipient shall report:
(a)
Any change in circumstance that may affect the amount of payment to the local department within 10 days of the change; and
(b)
New employment within 10 days of receipt of the first pay.
(4)
The effective date of a grant change shall be made as follows:
(a)
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:
(i)
The first day of the month immediately following the month in which the change occurred; or
(ii)
Not later than the first day of the second subsequent month following the month in which the change occurred.
(b)
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.
(5)
When TCA is terminated for any reason, continued eligibility for Medical Assistance shall be reevaluated for the assistance unit.
(6)
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.
(7)
After the termination of TCA the local department shall provide transitional food supplement benefits as described in COMAR 07.03.17.49H.
(8)
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.
(9)
Recipients may request that their case be closed at any time.
C.
Adequate Notice.
(1)
The local department shall provide a FIP recipient with written notice of any change.
(2)
Except as provided in §C(3) of this regulation, the written notice shall include:
(a)
A statement of what action the local department intends to take;
(b)
The reasons for the intended action;
(c)
The specific regulations supporting the action;
(d)
An explanation of the individual's right to request an administrative hearing;
(e)
The circumstances under which assistance is continued if an administrative hearing is requested; and
(f)
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.
(3)
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)
A statement of what action the local department intends to take;
(b)
The reasons for the intended action;
(c)
A statement of a specific change in law requiring the action;
(d)
An explanation of the individual's right to request an administrative hearing;
(e)
The circumstances under which assistance is continued if an administrative hearing is requested; and
(f)
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.
D.
Timely Notice of Termination or Reduction.
(1)
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.
(2)
Exceptions to timely notice are:
(a)
Death of the recipient;
(b)
The recipient's whereabouts are unknown, after exploring all available information;
(c)
The recipient has been accepted for assistance in a new jurisdiction;
(d)
The TCA child is removed from the home by a court or is placed in foster care; or
(e)
The recipient requests, in writing, that the case be closed.
Regulation .19 Conciliation, Sanctions, and Other Penalties.LinkCopy Citation
A.
Conciliation Process.
(1)
Conciliation and sanction are applied to recipient assistance units only.
(2)
The local department shall allow one 30-day conciliation period for each recipient’s failure to comply with requirements for each of the following:
(a)
Work as specified in Regulation .07-1 of this chapter;
(b)
Child support as specified in Regulation .10A of this chapter;
(c)
Substance abuse treatment and testing as specified in Regulation .09 of this chapter;
(d)
Long term disability requirements as specified in Regulation .08A and B of this chapter; and
(e)
Minor parent school enrollment and attendance as specified in Regulation s.07H and .07-1 of this chapter.
(3)
During the 30-day period, the case manager shall advise the individual of the noncompliance and help the individual to comply by:
(a)
Sending the individual a letter to schedule a conciliation conference;
(b)
Following up on the letter through telephone contact or personal contact as appropriate and feasible;
(c)
Investigating with the individual any barriers or good cause reasons for the noncompliance; and
(d)
Assisting the individual in resolving the barriers to compliance.
(4)
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.
B.
Sanctions for Noncompliance.
(1)
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:
(a)
Entire assistance unit is ineligible; and
(b)
Case manager shall:
(i)
Investigate the reasons for noncompliance; and
(ii)
Make personal contact with the assistance unit to the extent it is appropriate and feasible.
(2)
When a child is found to be in noncompliance with program requirements, the:
(a)
Child remains a member of the assistance unit;
(b)
Child’s incremental portion of the grant is deducted from the family’s TCA grant; and
(c)
Case manager shall:
(i)
Investigate the reasons for noncompliance; and
(ii)
Make personal contact with the assistance unit to the extent it is appropriate and feasible.
(3)
When implementing a sanction:
(a)
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:
(i)
TCA shall be resumed immediately upon compliance with the work activity; or
(ii)
If the noncompliance continues into a new month, TCA shall be prorated from the day after the day of compliance;
(b)
For a second or subsequent instance of noncompliance, a sanction may be imposed:
(i)
After the case manager investigates the reasons for the noncompliance;
(ii)
Following adequate and timely adverse action; or
(iii)
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
(c)
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.
(4)
If an individual fails to comply during a sanction period without good cause:
(a)
The sanction period shall start over;
(b)
No additional instance of noncompliance is counted against the noncomplying individual; and
(c)
The TCA benefit may not be resumed until compliance is met.
(5)
All individuals in the assistance unit are sanctioned except a child who is:
(a)
Placed with another caretaker relative by the Social Services Administration;
(b)
In the legal custody of another caretaker relative; or
(c)
Living with another caretaker relative when the sanctioned caretaker relative is institutionalized.
(6)
Transitional Assistance.
(a)
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.
(b)
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.
(c)
Priority for transitional assistance shall be given to an assistance unit with:
(i)
An active child protective service case;
(ii)
An active intensive family service case;
(iii)
An adult member who is disabled;
(iv)
An adult member who is illiterate; or
(v)
An adult member who is not fluent in English if notices are not translated in the individual's language.
C.
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.
D.
Fraudulent Misrepresentation of Residence.
(1)
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.
(2)
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.
(3)
All of the income of the convicted individual is counted as available to the remaining assistance unit members.
E.
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:
(1)
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;
(2)
The income and assets of the parent are counted as being available to the remaining assistance unit members; and
(3)
The 3 months shall begin the first day of the month following the adverse action period.
Regulation .20 Time Limits.LinkCopy Citation
A.
24-Month Time Limit.
(1)
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:
(a)
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
(b)
Parent has received assistance for 24 cumulative months under TCA funded wholly or in part by federal funds.
(2)
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:
(a)
Unavailability of appropriate child care within a reasonable distance from the parent's home or work site;
(b)
Unavailability or unsuitability of informal child care by a relative or others; or
(c)
Unavailability or unsuitability of appropriate and affordable formal child care arrangements.
B.
60-Month Time Limit.
(1)
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.
(2)
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)
A minor child and not the head of household or married to the head of household;
(b)
Determined to be a victim of domestic or family violence and receiving counseling;
(c)
Disabled for 12 or more months, applied for Supplemental Security Income, and repaid the State when SSI benefits were paid;
(d)
A needy TCA recipient who was not a parent but was included in the TCA grant; or
(e)
Working and eligible because of the TCA earned income disregard as provided in Regulation .13E(3)(b) of this chapter.
(3)
The local department shall determine an adult parent exempt because of hardship if:
(a)
There is a current signed family independence plan that states the:
(i)
Requirements and other actions the parent shall meet; and
(ii)
Support services the local department shall provide;
(b)
There is an initial and updated assessment; and
(c)
There is documentation to support the local department's determination that the adult parent has:
(i)
Been offered or provided the support services in accordance with a family independence plan;
(ii)
Demonstrated a good faith effort to satisfy work activities specified in the family independence plan; and
(iii)
Encountered significant barriers beyond the parent's control that prevented finding and keeping a job.
(4)
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.
(5)
The local department shall use the following procedures to determine if an adult parent is exempt because of hardship:
(a)
The case manager shall document in the case record the:
(i)
Initial and updated assessments;
(ii)
Local department's maintenance of a family independence plan that is currently in effect;
(iii)
Family's good-faith efforts to meet the terms and conditions of the family independence plan; and
(iv)
Local department's efforts to ensure that the terms and conditions of the family independence plan have been fulfilled.
(b)
The case manager shall make a recommendation based on the family's record as to:
(i)
Whether a hardship exemption should be granted to the family; and
(ii)
The reasons why the exemption should or should not be granted;
(c)
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;
(d)
If the local department determines that an adult parent is exempt because of hardship:
(i)
The family shall be granted a hardship exemption;
(ii)
A new assessment shall be completed within 45 days after the hardship exemption is granted; and
(iii)
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.
(6)
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:
(a)
Overcome the family's barriers to employment;
(b)
Assist the family in preparing for the transition to work; and
(c)
Ensure that the family becomes independent.
(7)
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)
A statement of the goals and intent of the plan;
(b)
A statement or list of the problems or barriers that shall be overcome to achieve the goals of the plan;
(c)
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
(d)
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.
(8)
The case manager's recommendation and any new plan, if required, shall be reviewed and approved by the following:
(a)
A FIP supervisor; and
(b)
The director of the local department or designee.
(9)
In accordance with Regulation .22A of this chapter, the Department shall review a sample of TCA cases closed pursuant to this section.
(10)
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.
(11)
Adult parents paid under §B(10) of this regulation are subject to all FIP requirements in this chapter.
Regulation .21 Payment Irregularities.LinkCopy Citation
Payment irregularities, which include overpayments, underpayments, fraud, and recoupment of funds, are handled according to COMAR 07.03.14.
Regulation .22 Quality Control Review.LinkCopy Citation
A.
The Family Investment Administration shall review TCA cases.
B.
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.
C.
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:
(1)
Participates in the review that resulted in the case closure;
(2)
Cooperates completely in supplying all information as required concerning current eligibility; and
(3)
Is otherwise eligible.
D.
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:
(1)
During the first no-pay month, the full monthly benefit is paid; or
(2)
After the first no-pay month, the individual is treated as an applicant and the benefit is prorated.
Regulation .23 Appeals and Complaints of Discrimination.LinkCopy Citation
A.
Agency Conference. A FIP recipient may request an agency conference to:
(1)
Obtain an explanation of the reasons for proposed actions; and
(2)
Present information to show that the proposed action is incorrect.
B.
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.
C.
Discrimination.
(1)
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.
(2)
A FIP applicant or recipient may file a written complaint which sets forth the events and circumstances of alleged discrimination with the:
(a)
Secretary;
(b)
Local department;
(c)
Department's Constituent Services Office;
(d)
Departmental Equal Opportunity Officer; or
(e)
Office of Civil Rights, U.S. Department of Health and Human Services, Region III, Philadelphia, PA.
(3)
The Department shall investigate promptly and notify the complainant of its findings within 60 days of the filing of a written complaint.
Regulation .24 Appeal Procedure for Displaced Workers.LinkCopy Citation
A.
In this regulation, the following terms have the meanings indicated:
(1)
“Displacement” means employing or assigning a subsidized participant when:
(a)
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;
(b)
An individual is hired while another person is on layoff, including seasonal layoff, from the same or substantially equivalent position;
(c)
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
(d)
The employment or assignment results in the impairment of an existing contract for services.
(2)
“Employer” means a person or government entity which employs at least one individual within the State.
(3)
Subsidized Employment.
(a)
“Subsidized employment” means employment in the public or private sector which is supported in part by federal or State funds for a limited time.
(b)
“Subsidized employment” does not include employment for which an employer receives a tax credit.
(c)
“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.
(4)
“Subsidized participant” means an adult in a family receiving TCA under FIP who is engaged in subsidized employment or work experience.
(5)
“Unsubsidized employment” means employment in the public or private sector which is:
(a)
Not supported by federal or State FIP funds; and
(b)
Employment which is an arrangement solely between the employer and the employee.
(6)
“Work experience” means time-limited preparation for employment in a public or private work setting.
B.
Work experience participants:
(1)
Are not employees and remain recipients of TCA, Medical Assistance, and, in many cases, food stamps; and
(2)
May receive an expense allowance but not wages.
C.
A TCA recipient may fill a vacant employment position to engage in a work activity.
D.
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.
E.
Work activities subject to this regulation include:
(1)
Unsubsidized employment;
(2)
Subsidized employment;
(3)
Subsidized public sector employment;
(4)
Work experience;
(5)
On-the-job training; and
(6)
Community service.
F.
An employee who feels employment was lost due to displacement may initiate a grievance by presenting:
(1)
The complaint to the local department in writing not later than 30 calendar days after the:
(a)
Alleged cause of the complaint; or
(b)
Employee knew or should have known of the alleged cause of complaint; and
(2)
Information to the local department to support the allegation that the employee was displaced.
G.
The local department shall:
(1)
Schedule a conference with the employee, or with the employer and the employee, within 10 calendar days after receipt of the complaint;
(2)
Within 15 calendar days from the date of the conference with the employee:
(a)
Determine whether displacement occurred and send written notice to the employee and employer of the local department decision; and
(b)
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:
(i)
Two representatives from the Department;
(ii)
One representative from the Maryland Department of Labor; and
(iii)
Two public representatives appointed by the Secretary.
H.
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.
I.
The Welfare Displacement Review Panel shall:
(1)
Hold a conference with the employer and employee within 30 days of receipt of the request; and
(2)
Within 30 days from the date of the conference:
(a)
Render a decision upholding, reversing, or modifying the local department decision;
(b)
Notify the employee, the employer, and the local department, in writing, of the panel's decision; and
(c)
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.
J.
Office of Administrative Hearings (OAH).
(1)
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.
(2)
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.
(3)
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.
(4)
A hearing is open to the public.
(5)
The employee bears the burden of proof.
(6)
The administrative law judge shall:
(a)
Determine whether displacement occurred;
(b)
Issue the final administrative decision not later than 90 days after the date of the request for the hearing; and
(c)
Send a copy of the decision to the parties and to the local department.
(7)
The decision of the administrative law judge is:
(a)
Binding on the local department; and
(b)
Subject to review by the circuit court.
K.
Upon a final finding of displacement in the grievance process, the local department may:
(1)
End the subsidy in the case of subsidized employment; and
(2)
Remove the participant from work experience, on-the-job training, or community service.
Regulation .25 Information Agreements.LinkCopy Citation
A.
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.
B.
The agreements shall be in writing and shall:
(1)
Include procedures for requesting, obtaining, and examining the information;
(2)
Specify the Secretary's designee for requesting and receiving information by title or position; and
(3)
Include reimbursement rates.
C.
Reimbursement rates are based on reasonable and necessary costs of providing the information.
Regulation .26 Demonstration Projects.LinkCopy Citation
A.
Grants.
(1)
Demonstration projects shall be developed in partnership with the local department through grants approved by the Department to:
(a)
Nonprofit organizations;
(b)
Local education agencies;
(c)
Local management boards;
(d)
Local health departments;
(e)
Religious organizations; and
(f)
Institutions of higher education.
(2)
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.
(3)
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.
(4)
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.
B.
Request for Proposal.
(1)
The Secretary shall award grants for demonstration projects through a competitive bid process which includes the:
(a)
Issuance of a request for proposal in accordance with the requirements of Article 88A, §53, Annotated Code of Maryland; and
(b)
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.
(2)
The request for proposal for demonstration projects shall include requirements that:
(a)
Applicants specify what goods or services they will provide to participants; and
(b)
Each demonstration project shall:
(i)
Complement the local department FIP plan; and
(ii)
Address specific unmet local needs and barriers that prevent families from meeting the requirements of FIP.
Chapter annotations
Authority: Human Services Article, §5-207 and Title 5, Subtitle 3, Annotated Code of Maryland;
Ch. 469, Acts of 2009; Public Law 112-96
Ch. 469, Acts of 2009; Public Law 112-96
History: Effective date: October 1, 1996 (23:19 Md. R. 1372)
History: 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)
History: 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)
History: 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)
History: 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)
History: 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)
History: 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)
History: 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)
History: 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)
History: 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)
History: 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)
History: Regulation .02B amended effective November 2, 1998 (25:22 Md. R. 1651)
History: Regulation .07 amended effective November 2, 1998 (25:22 Md. R. 1651)
History: Regulation .08 amended effective November 2, 1998 (25:22 Md. R. 1651)
History: Regulation .09A amended effective November 2, 1998 (25:22 Md. R. 1651)
History: Regulation .12-1 adopted effective November 2, 1998 (25:22 Md. R. 1651)
History: Regulation .14 repealed and new Regulation .14 adopted effective November 2, 1998 (25:22 Md. R. 1651)
History: Regulation .15C amended effective November 2, 1998 (25:22 Md. R. 1651)
History: Regulation .17-1 adopted effective November 3, 1997 (24:22 Md. R. 1551)
History: Regulations .01—.20 repealed and new Regulations .01—.26 adopted effective February 18, 2002 (29:3 Md. R. 216)
History: Regulation .03C amended effective August 16, 2004 (31:16 Md. R. 1253)
History: Regulation .04B amended effective August 16, 2004 (31:16 Md. R. 1253)
History: Regulation .05F amended effective August 16, 2004 (31:16 Md. R. 1253)
History: Regulation .06B, C amended effective August 16, 2004 (31:16 Md. R. 1253)
History: Regulation .07A, B, D amended effective August 16, 2004 (31:16 Md. R. 1253)
History: Regulation .11B amended effective August 16, 2004 (31:16 Md. R. 1253)
History: Regulation .12B, C amended effective August 16, 2004 (31:16 Md. R. 1253)
History: Regulation .13 amended effective August 16, 2004 (31:16 Md. R. 1253)
History: Regulation .14B amended effective August 16, 2004 (31:16 Md. R. 1253)
History: Regulation .15A amended effective August 16, 2004 (31:16 Md. R. 1253)
History: Regulation .17 amended effective August 16, 2004 (31:16 Md. R. 1253)
History: Regulation .17 repealed and new Regulation .17 adopted effective March 14, 2005 (32:5 Md. R. 579)
History: 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)
History: Regulation .18D amended effective August 16, 2004 (31:16 Md. R. 1253)
History: Chapter revised effective October 22, 2007 (34:21 Md. R. 1914)
History: Regulation .01A amended effective May 26, 2014 (41:10 Md. R. 561)
History: Regulation .02B amended effective December 28, 2009 (36:26 Md. R. 1994); May 26, 2014 (41:10 Md. R. 561)
History: Regulation .03B, C amended effective May 26, 2014 (41:10 Md. R. 561)
History: Regulation .03F adopted effective May 26, 2014 (41:10 Md. R. 561)
History: Regulation .04C amended effective December 28, 2009 (36:26 Md. R. 1994); August 23, 2010 (37:17 Md. R. 1184)
History: Regulation .04E amended effective August 23, 2010 (37:17 Md. R. 1184); May 26, 2014 (41:10 Md. R. 561)
History: Regulation .05F amended effective May 26, 2014 (41:10 Md. R. 561)
History: Regulation .06E repealed effective December 28, 2009 (36:26 Md. R. 1994)
History: Regulation .07-1 amended effective May 26, 2014 (41:10 Md. R. 561)
History: Regulation .07-1D, H amended effective December 28, 2009 (36:26 Md. R. 1994)
History: Regulation .08A, B amended effective December 28, 2009 (36:26 Md. R. 1994)
History: Regulation .10A amended effective December 28, 2009 (36:26 Md. R. 1994)
History: Regulation .11 amended effective August 23, 2010 (37:17 Md. R. 1184)
History: Regulation .12 amended effective August 23, 2010 (37:17 Md. R. 1184)
History: Regulation .12B, C amended effective December 28, 2009 (36:26 Md. R. 1994)
History: Regulation .15 amended effective August 23, 2010 (37:17 Md. R. 1184)
History: Regulation .15C amended effective December 28, 2009 (36:26 Md. R. 1994)
History: Regulation .16 amended effective August 3, 2015 (42:15 Md. R. 1015)
History: Regulation .16B, C amended effective December 28, 2009 (36:26 Md. R. 1994)
History: 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)
History: Regulation .18B amended effective May 26, 2014 (41:10 Md. R. 561)
History: Regulation .19 amended effective September 3, 2012 (39:17 Md. R. 1147)
History: Regulation .19A amended effective December 28, 2009 (36:26 Md. R. 1994)
History: Regulation .19C, D amended effective May 26, 2014 (41:10 Md. R. 561)