Chapter 05. Temporary Disability Assistance Program
Regulation .01 Purpose.LinkCopy Citation
A.
The Temporary Disability Assistance Program (TDAP) is a State-funded program to provide assistance to low-income disabled adults who are ineligible for other categories of assistance.
B.
The assistance available under TDAP is based on the individual's assessed need and is subject to available funding.
C.
TDAP is a capped entitlement for eligible individuals.
Regulation .02 Definitions.LinkCopy Citation
A.
In this chapter, the following terms have the meanings indicated.
B.
Terms Defined.
(1)
“Applicant” means an individual:
(a)
Who has submitted an application for assistance:
(i)
Directly;
(ii)
Through the individual's authorized representative; or
(iii)
If incompetent or incapacitated, through someone acting responsibly for the individual; and
(b)
Whose application is pending.
(2)
“Application” means giving written notice to the local department of social services of a desire to receive assistance.
(3)
“Authorized representative” means an individual who has been designated in writing by the applicant or recipient to act on behalf of the applicant or recipient.
(4)
“Benefit” means a grant provided under the Temporary Disability Assistance Program (TDAP).
(5)
“Burial funds” means a revocable burial contract, burial trust, or other burial arrangement or fund set aside for the individual's burial needs.
(6)
“Department” means the Department of Human Services.
(7)
“Disability Entitlement Advocacy Program (DEAP)” is a former State program to help severely disabled individuals to establish eligibility for federal disability programs.
(8)
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.
(9)
“Eligibility period” means the number of months that an individual is found eligible to participate in TDAP.
(10)
“Impairment” means an individual is unable to work at any occupation due to a medically verified mental or physical condition.
(11)
“Institution” means an establishment that:
(a)
Furnishes, in single or multiple facilities, food and shelter to more than 16 individuals unrelated to the proprietor; and
(b)
Provides treatment or services beyond the basic provision of food or shelter.
(12)
“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 applicant or recipient's eligibility for TDAP; or
(b)
Increasing or preventing a reduction of the amount of TDAP.
(13)
“Local department” means:
(a)
A department of social services in a county or Baltimore City; and
(b)
The Montgomery County Department of Health and Human Services.
(14)
“Local department area” means the jurisdiction served by the local department.
(15)
“Public institution” means:
(a)
An institution that is the direct fiscal responsibility of a governmental unit; or
(b)
An institution over which a governmental unit exercises administrative control.
(16)
“Qualified alien” 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, 8 U.S.C. §§1101 —1537;
(b)
Is admitted to the United States as a refugee under §207 of the Immigration and Nationality Act, 8 U.S.C. §1157;
(c)
Is granted asylum under §208 of the Immigration and Nationality Act, 8 U.S.C. §1158;
(d)
Has had deportation or removal withheld under §243(h) or 241(b)(3) of the Immigration and Nationality Act, 8 U.S.C. §1253(h) or 1231(b)(3);
(e)
Has been granted status as a Cuban or Haitian entrant as defined in §501(e) of the Refugee Education Assistance Act of 1980, 8 U.S.C. § 1522 note;
(f)
Is paroled into the United States for a period of at least 1 year under §212(d)(5) of the Immigration and Nationality Act, 8 U.S.C. §1182(d)(5);
(g)
Is granted conditional entry pursuant to §203(a)(7) of the Immigration and Nationality Act, 8 U.S.C. §1153(a)(7), as in effect before April 1, 1980; or
(h)
Is a battered spouse, battered child, or parent or child of a battered individual.
(17)
“Resident” means an individual who, at the time of application:
(a)
Is physically present in the local department area;
(b)
Has no address in any other local department area; and
(c)
Intends to remain in the local department area.
(18)
“Resource” means:
(a)
Cash;
(b)
Liquid assets; and
(c)
Any real or personal property that the individual:
(i)
Owns individually or jointly; and
(ii)
Can convert to cash for support and maintenance.
(19)
“Sponsor” means an individual who executed an affidavit of support or similar agreement on behalf of an immigrant as a condition of the immigrant's entry or admission into the United States as a permanent resident.
(20)
“Spouse” means either of two individuals who would be defined as married to each other under applicable State law.
(21)
“State Review Team (SRT)” means the interdisciplinary team within the Family Investment Administration that determines whether an individual is disabled under SSI criteria for medical assistance eligibility.
(22)
“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.
(23)
“Treatment program” means an inpatient or outpatient substance abuse treatment program certified by the Maryland Department of Health (MDH).
(24)
“Unearned income” means money, goods, and services received from sources other than earned income such as pensions, benefits, returns from investments, payments of support, or contributions.
(25)
Verification.
(a)
“Verification” means proof that the statements made by an individual during the application or recertification of eligibility for TDAP are true.
(b)
“Verification” includes proof contained in documents or records of public or private agencies, firms or individuals.
Regulation .03 Application.LinkCopy Citation
The application requirements for TDAP are set forth in COMAR 07.03.01.
Regulation .04 Technical Eligibility.LinkCopy Citation
A.
An individual is eligible for TDAP if the individual is:
(1)
A United States citizen or legally admitted qualified alien;
(2)
A resident of Maryland and of the local department area at the time of application;
(3)
Unemployed;
(4)
Financially in need as described in Regulation .07 of this chapter;
(5)
Determined to have an impairment of 3 months or more; and
(6)
Ineligible for a category of means-tested cash assistance in which there is federal financial participation except that an individual who has applied for Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI) may be eligible for TDAP during the period the SSDI or SSI application is being processed.
B.
An individual who lives with a minor child as a caretaker relative and meets technical eligibility for cash assistance under COMAR 07.03.03 is ineligible.
C.
An otherwise eligible individual may not receive assistance unless the individual:
(1)
Agrees to pursue other sources of income and resources;
(2)
Signs an interim payment reimbursement authorization if applying for SSI benefits in accordance with Regulation .06 of this chapter; and
(3)
Participates in any required rehabilitation activities in accordance with Regulation .05E of this chapter.
D.
An otherwise eligible individual may not receive assistance for more than 9 months in a 36-month period unless the individual:
(1)
Has been certified as medically disabled by a licensed health care provider who completed the DHS approved verification of disability form; and
(2)
Has a pending application for SSI, which has not been withdrawn or finally denied.
E.
To remain eligible for assistance, an individual who is potentially eligible for SSI or any other benefit shall:
(1)
Apply for the benefit; and
(2)
Fully cooperate with all appropriate agencies by providing all information requested for the determination of eligibility as described in §F of this regulation.
F.
Cooperation includes actively pursuing an SSI application through all Social Security Administration appeal processes.
G.
Assistance may not be provided to individuals to:
(1)
Supplement earned income;
(2)
Supplement unemployment insurance benefits;
(3)
Supplement SSI benefits;
(4)
Provide assistance to an individual in a private institution for tuberculosis or mental disease;
(5)
Provide assistance to an individual in a public institution; or
(6)
Provide assistance to an individual receiving Adult Foster Care payments.
Regulation .05 Eligibility Determination.LinkCopy Citation
A.
Medical Findings.
(1)
An individual shall provide, on the required State form, adequate medical findings to support the application for assistance.
(2)
If an individual does not have the resources to obtain necessary medical findings to verify the impairment, the individual's physician shall be paid from administrative funds:
(a)
A fee of up to $60; and
(b)
The costs of laboratory work for each examination according to Maryland Department of Health schedules, but not to exceed $40.
(3)
If the individual has Medical Assistance coverage, the health care provider completing the examination and the required State form may not be paid through administrative funds.
(4)
A local department or the Department may:
(a)
Contract with an entity to provide the necessary medical findings to verify the impairment; and
(b)
Require individuals applying, as a condition of eligibility for assistance, to use that entity to provide those necessary medical findings.
B.
Determination of Eligibility.
(1)
The local department shall:
(a)
Make the decision on the application according to COMAR 07.03.01;
(b)
Conduct an interview with the individual at the time of application; and
(c)
Verify all factors of:
(i)
Impairment;
(ii)
Resources; and
(iii)
Income.
(2)
Medical Reports.
(a)
An applicant shall support the application for TDAP with a medical report before a decision is made on eligibility.
(b)
The medical report shall:
(i)
Contain a statement of the nature and estimated duration of the disabilities;
(ii)
Specify whether a medical diagnosis of substance abuse is indicated; and
(iii)
Be signed by the examining physician.
(c)
The applicant shall sign a release permitting the State to obtain and use copies of all medical reports, held by any source, that pertain to the applicant.
(d)
The local department or the SRT may request additional medical information, including, if necessary, laboratory testing, to determine eligibility or to establish an eligibility period.
C.
Eligibility Period.
(1)
The eligibility period is determined by the local department from the estimated duration of the disability on the completed medical report.
(2)
The eligibility period determined by the local department may:
(a)
Be less than the estimated recovery time indicated on the medical report; and
(b)
Not exceed the estimated recovery time indicated on the medical report.
(3)
An applicant whose eligibility period as described in §C(1) and (2) of this regulation is at least 3 months but less than 12 months shall be certified for not more than 9 months in a 36-month period.
(4)
An applicant who is determined by the local department to be impaired and unlikely to recover in less than 12 months shall be certified for not more than 12 months if the individual:
(a)
Is pursuing SSI eligibility; and
(b)
Remains TDAP eligible.
(5)
The local department may establish additional eligibility periods of not more than 12 months if the individual:
(a)
Reapplies;
(b)
Is determined to be eligible; and
(c)
Continues to pursue the individual's SSI benefit claim.
(6)
The local department shall adjust the eligibility period as necessary to prevent the individual from receiving assistance for more than 9 months in a 36-month period if the individual:
(a)
Withdraws the application for SSI; or
(b)
Has been finally denied SSI benefits.
(7)
The local department may establish additional eligibility periods of not more than 12 months if the individual:
(a)
Reapplies;
(b)
Is determined to be eligible; and
(c)
Continues to pursue the individual's SSI benefit claim.
(8)
The local department shall adjust the eligibility period as necessary to prevent the individual from receiving assistance for more than 9 months in a 36-month period if the individual:
(a)
Withdraws the application for SSI; or
(b)
Has been finally denied SSI benefits.
(9)
Eligibility automatically ends at the end of the eligibility period unless the individual reapplies and establishes a new eligibility period.
D.
Eligibility for the entire month is established when an individual meets all eligibility requirements for any portion of the month.
E.
Rehabilitation Requirements.
(1)
During the eligibility period, if there are available resources, the local department may require the individual as a condition of continuing eligibility to:
(a)
Participate in appropriate medical treatment as determined by the local department consistent with the medical findings obtained under §A of this regulation; or
(b)
Undergo screening by a certified addictions specialist:
(i)
To determine the need for substance abuse treatment; and
(ii)
If found to be in need of substance abuse treatment, to participate in appropriate treatment if available.
(2)
An individual who fails to participate in one or more activities required under §E of this regulation without good cause, as described in Regulation .16D of this chapter, is ineligible for benefits.
Regulation .06 Interim Assistance Reimbursement.LinkCopy Citation
A.
Interim Payment Reimbursement Authorization.
(1)
If the individual is or becomes potentially eligible for receipt of SSI, the individual shall sign an interim payment reimbursement authorization which:
(a)
Permits the Social Security Administration to mail the individual's initial payment to the Department or the local department; and
(b)
Permits the Department or the local department to deduct from these payments an amount equal to the TDAP interim assistance provided.
(2)
The local department may not provide assistance to an individual who refuses to execute the interim payment reimbursement authorization.
B.
Interim assistance is the TDAP benefit provided to an individual during the period:
(1)
Beginning the month the recipient applies for SSI benefits; and
(2)
Ending the month the SSI payments are received by the Department or the local department.
C.
The Department or the local department shall be reimbursed from the SSI initial payment:
(1)
For the full value of the TDAP benefit; or
(2)
If the first month's SSI payment is prorated, a portion of the TDAP benefit prorated from the effective date of SSI eligibility.
D.
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.
E.
Death of the Individual.
(1)
If an individual dies before SSI eligibility has been determined, the State retains the right to receive benefits due for the retroactive period.
(2)
The Department or the local department shall return any excess payment to the Social Security Administration district office that served the individual after deducting the amount of interim assistance to which it is entitled.
F.
Presumptive SSI Payment.
(1)
Presumptive SSI payment is made for a maximum period 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 local department shall:
(a)
Consider the SSI presumptive payment income;
(b)
Consider the payment income in the month received when separate SSI presumptive payments are made to the eligible individual; and
(c)
Be entitled to reimbursement from the retroactive lump sum SSI check for assistance provided when the recipient does not report receipt of a presumptive SSI payment.
(4)
If the SSI presumptive payments are paid as a lump sum, the payment is treated according to Regulation .09 of this chapter.
Regulation .07 Financial Need.LinkCopy Citation
A.
For purposes of TDAP eligibility, need exists if countable:
(1)
Resources do not exceed $1,500; and
(2)
Income does not exceed the allowable amount.
B.
Available resources and income are calculated on a current monthly basis.
C.
The allowable amount is $185.
Regulation .08 Resources.LinkCopy Citation
A.
Availability of Resources.
(1)
Except as otherwise provided by this regulation, the local department shall consider all resources available to the individual.
(2)
If there is a potential resource, the individual, with the help of the local department as needed, shall:
(a)
Take all possible steps to make the resource available; and
(b)
Submit verification of efforts being made to obtain the resource.
(3)
A resource is considered available only if the resource is actually at the disposal of the individual.
(4)
Notes, mortgages, or other financial instruments that may be readily sold are considered available resources unless written rejection by a publicly known buyer of those items proves their lack of salability in the open market at a fair market value.
B.
Countable Resources. Except as provide in §D of this regulation, countable resources are considered available to the individual.
C.
Limitation. The resource limit for an individual in any month is $1,500, and includes the value of all countable resources.
D.
Resources that are not counted against the $1,500 limitation are:
(1)
The home, as provided by §E of this regulation;
(2)
Household goods used in the home regardless of value, including basic items essential to day-to-day living such as clothing, furniture, implements for personal use, and other similarly essential items;
(3)
Farm animals;
(4)
Any motor vehicle, regardless of use or value;
(5)
A life insurance policy that may be retained to meet current and future needs, except that if the individual has more than one life insurance policy, the local department shall:
(a)
Disregard the cash-in value of the most valuable policy; and
(b)
Count the cash-in value of the other policies toward the resource limit;
(6)
The value of one burial plot; and
(7)
The equity value of burial funds, as described in §F of this regulation.
E.
Ownership of Home.
(1)
The individual may retain the home only if the individual owns it and:
(a)
Lives in the home;
(b)
Plans to return to the home within 6 months from the date of application for assistance; or
(c)
The individual's spouse lives in the home.
(2)
The home includes the property on which the home is located.
F.
Burial Funds.
(1)
Funds set aside for burial shall be kept separate from other resources.
(2)
Burial funds mixed with other resources shall be treated as nonexcluded resources.
(3)
Interest earned on excluded burial funds is also excluded from resources if allowed to accumulate and become part of the set-aside burial fund.
(4)
The burial fund exclusion shall be reduced by the:
(a)
Face value of insurance policies if the cash surrender value of policies has been excluded from resources; and
(b)
Insurance amounts in an irrevocable trust, or other irrevocable agreement, available to meet burial expenses.
G.
Equity Value. Equity value is the value of an item on the open market less legal debts against the item being valued.
H.
Transfer of Resources.
(1)
Resources transferred during the eligibility period with the intent to defeat the purpose of the law and without the consent of the local department shall be considered a possible:
(a)
Resource affecting current eligibility; and
(b)
Fraud or intentional program violation that might have reduced or canceled the eligibility period or defeated recovery provisions.
(2)
Transfer of resources within 3 months before filing an application for TDAP benefits is handled according to COMAR 07.03.01.06.
I.
Receipt of Lump Sum Income. Lump sum income is treated as provided in Regulation .09 of this chapter.
J.
The treatment of resources of the sponsor of a legal immigrant is the same as for an applicant or recipient of assistance in the Temporary Cash Assistance (TCA) program under COMAR 07.03.03.15.
Regulation .09 Treatment of Lump Sum Income.LinkCopy Citation
A.
Lump sum income is a nonrecurring money payment.
B.
In determining eligibility, the portion of the lump sum actually available to an individual is counted as income in the following way:
(1)
The lump sum income is added to the sum of all other countable income for the month and the deductions allowed in §C of this regulation are made;
(2)
Income resulting from the computation in §B(1) of this regulation is divided by the allowable amount;
(3)
The individual is ineligible for the period of months equal to the quotient resulting from the division in §B(2) of this regulation beginning with the first month for which advance notice requirements can be met;
(4)
Any amount remaining which is less than the allowable amount is counted as income in the first month after the ineligibility, if any, ends; and
(5)
The individual who receives a lump sum payment in the month of application is ineligible for the period of months equal to the quotient resulting from the division in §B(3) of this regulation beginning with the month of application.
C.
Shortened Period of Ineligibility for Recipients of Lump Sum Income.
(1)
The local department shall shorten the period of ineligibility due to receipt of lump sum income if the lump sum income, or a portion of it, becomes unavailable to the individual due to circumstances beyond the control of the individual.
(2)
The lump sum income, or a portion of it, is considered unavailable if the lump sum income is verified to be no longer in the possession of the individual and cannot be recovered or used for everyday expenses.
(3)
Circumstances that are considered beyond the control of the individual are:
(a)
Theft of money;
(b)
Disaster defined as fire, flood, tornado, or civil disorders;
(c)
Eviction or foreclosure, or payments of past due rent or mortgage payments to avoid eviction or foreclosure;
(d)
Theft or breakdown of an essential appliance, defined as a refrigerator, cooking or heating stove, or washing machine, necessitating repair or replacement, so that the individual's living arrangement may continue;
(e)
Breakdown of essential household furnishings, equipment, or structure necessitating repair or replacement, so that the individual may remain in the home;
(f)
Lack of heating fuel or utilities, insufficient heating fuel supply, or threat of imminent utility cutoff; or
(g)
Allowable medical expense payments for:
(i)
Treatment or service rendered in a hospital, clinic, or nursing home;
(ii)
Treatment or service rendered by a physician, dentist, certified psychologist, licensed social worker, or any health professional licensed or certified by the State;
(iii)
Prescription drugs if prescribed by a health professional licensed under State law to prescribe drugs; or
(iv)
Over-the-counter medications or health-related supplies or appliances ordered by a health professional licensed by the State.
Regulation .10 Income.LinkCopy Citation
A.
Availability of Income.
(1)
Except as otherwise provided by this regulation, all income actually at the disposal of the individual is considered available to the individual.
(2)
The individual, with the help of the local department as needed, shall:
(a)
Take all possible steps to make the income available; and
(b)
Submit verification of efforts being made to obtain the income.
(3)
Earned income from the application month or from a period preceding the application month but received in that month shall be considered lump sum income subject to treatment as described in Regulation .09 of this chapter.
(4)
Income of a Spouse.
(a)
Except as described in §B(6) of this regulation, the earned income and all unearned income of the spouse with whom the individual is living is considered to be income to the individual in the month received by the spouse.
(b)
An amount equal to the allowable amount, as described in Regulation .07C of this chapter, to meet the needs of the nonapplicant or nonrecipient spouse is disregarded.
(5)
In-kind income, including vendor payments, third-party payments, and contributions of goods to the individual, is not counted as income.
B.
Excluded Income. Income from any of the following sources is not considered:
(1)
Food Supplement Program allotments;
(2)
Payment received under:
(a)
The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970; or
(b)
The Maryland Relocation and Assistance Act, Real Property Article, Title 12, Subtitle 2, Annotated Code of Maryland;
(3)
A grant or loan to an undergraduate student for educational purposes;
(4)
All training allowances offered by a public or private organization enabling a TDAP recipient to participate in a training program intended to help the recipient to acquire job skills;
(5)
Loans or portions of loans from any source that shall be repaid; and
(6)
All income of a spouse in receipt of SSI benefits.
C.
The treatment of income of the sponsor of a legal immigrant is the same as for an applicant or recipient of assistance under COMAR 07.03.17.09-1.
Regulation .11 Delivery of Assistance.LinkCopy Citation
A.
To the extent that resources and staff are available, the local department shall provide assistance in an amount up to $185, deducting the countable unearned income, to eligible individuals in accordance with this regulation.
B.
The local department may suspend or terminate TDAP eligibility if the individual:
(1)
No longer meets the technical eligibility or need requirements of this chapter;
(2)
Leaves the State temporarily and for more than 1 month; or
(3)
Refuses to cooperate with any quality control review.
C.
Payee.
(1)
A payee is:
(a)
The eligible individual;
(b)
A judicially appointed legal representative, guardian, trustee, or committee; or
(c)
A representative payee appointed by the local department.
(2)
An eligible individual may not be the payee if the:
(a)
Medical diagnosis identifies an active medical condition of:
(i)
Alcoholism; or
(ii)
Drug addiction; and
(b)
Recipient is not actively participating in a treatment program or in remission from active substance abuse.
(3)
If the payee is a representative payee appointed by the local department, the:
(a)
Initial and subsequent decisions and plan for payments to the representative payee shall be reviewed and approved by the appropriate supervisory staff;
(b)
Decision and plan shall be reviewed at each application;
(c)
Individual selected as a representative payee may not be:
(i)
Family Investment Program staff;
(ii)
An individual with a known substance abuse problem; or
(iii)
An entity which deals with eligible individuals for a profit, which would create a conflict of interest; and
(d)
Local department shall terminate protective payments when they are no longer required by the provisions of §C(2) of this regulation.
(4)
An individual is not required to accept assistance from a religious organization if acceptance violates the individual's bona fide religious beliefs and practices.
Regulation .12 Changes Affecting the Case Status.LinkCopy Citation
A.
An individual shall report to the local department any change in circumstances within 10 days of the onset of the change.
B.
If a change that may affect continuing eligibility or the delivery of assistance is reported or brought to the attention of the local department, the local department shall promptly determine eligibility and evaluate the provision of assistance.
C.
If the local department believes that an individual's circumstances need to be verified, the local department shall request, and the individual shall promptly submit, completed medical and financial documents for a determination of eligibility.
D.
Notice.
(1)
After the eligibility period has been established, the local department shall provide timely and adequate advance written notice to the recipient before the:
(a)
Eligibility period is shortened or terminated; or
(b)
Method of delivery of assistance is changed.
(2)
An adequate advance written notice includes:
(a)
A statement of the 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 a hearing before the Office of Administrative Hearings; and
(e)
The circumstances under which assistance is continued, if a hearing is requested.
(3)
A timely notice is a written notice that is mailed at least 10 days before the date of the action.
(4)
If the individual or a representative responds within the advance notice period, the local department:
(a)
Shall provide an opportunity for an agency conference:
(i)
Where the individual has the opportunity to speak or to be represented by legal counsel, a friend, or other spokesperson; and
(ii)
Which does not in any way diminish the individual's right to an administrative hearing; and
(b)
May not take the intended action until after the conference with the applicant or recipient or the representative.
(5)
The local department shall send adequate notice not later than the date of action if the:
(a)
Local department has factual information confirming the death of an individual;
(b)
Local department receives a clear written statement signed by the individual that:
(i)
The individual no longer wishes to receive TDAP benefits; or
(ii)
Gives information that requires the action and indicates that the individual understands that termination of eligibility or reduction of assistance is the consequence of supplying the information;
(c)
Individual's whereabouts are unknown;
(d)
Individual has moved out of State; or
(e)
Local department has factual information confirming that the individual was admitted to a public institution.
(6)
If mail from the local department directed to the individual has been returned by the post office indicating no known forwarding address, the local department shall make reasonable attempts to contact the individual.
(7)
Mass Changes. If changes in either State law or regulations require automatic adjustments or termination of assistance or when benefits are limited as provided in Regulation .17 of this chapter, the local department shall send timely notice of the adjustment or termination. The notice is adequate if the notice includes:
(a)
A statement of the intended action;
(b)
The reasons for that intended action;
(c)
A statement of the specific changes in law requiring the action or the specific action taken under Regulation .17 of this chapter; and
(d)
A statement of the circumstances under which a hearing may be obtained.
E.
Continuation of Assistance Pending Appeal. Benefits pending appeal are granted pursuant to COMAR 07.01.04.05.
F.
Reapplication and Extension of Eligibility Period.
(1)
If the eligible individual reapplies after the eligibility period has ended, the application shall be considered a new application.
(2)
If the eligible individual reapplies before the eligibility period ends, the local department shall complete the application so that eligibility remains uninterrupted for the individual who remains eligible.
(3)
If the eligible individual requests an extension of the eligibility period based on new evidence of the individual's impairment, the local department shall determine eligibility and may adjust the eligibility period as appropriate.
(4)
At the end of the eligibility period, the local department shall require a new application and obtain new proof of eligibility to establish a new eligibility period.
(5)
The local department shall send the eligible individual a reminder notice 1 month before the month the eligibility period is to expire.
Regulation .13 Payment Irregularities.LinkCopy Citation
Payment irregularities, which include overpayments, underpayments, and fraud, are handled according to COMAR 07.03.14.
Regulation .14 Appeals.LinkCopy Citation
A.
The local department shall give written notification of the right to, and the procedures for requesting and obtaining, an administrative hearing to each individual at the time of application and whenever the local department notifies the individual of any action which might deny, delay, suspend, reduce, or terminate eligibility or assistance.
B.
The procedures for an administrative hearing are set forth in COMAR 07.01.04.
Regulation .15 Fraud.LinkCopy Citation
A disqualification period of 36 months from the date of the conviction for fraud in a needs-based program shall be imposed on a convicted TDAP individual.
Regulation .16 Penalty Period.LinkCopy Citation
A.
Except as otherwise provided in §D of this regulation, an eligible individual whose eligibility has been interrupted for failure to comply with any program requirement listed in §B of this regulation and who reapplies is ineligible until the individual complies with the requirement.
B.
Noncompliance is failure to:
(1)
Cooperate with the SRT when referred by the local department;
(2)
Cooperate with the Disability Entitlement Advocacy Program (DEAP) if referred by the local department;
(3)
Pursue eligibility for SSI with the Social Security Administration when required; or
(4)
Participate in any required rehabilitation activities.
C.
The local department shall notify the individual of the penalty period, which shall be effective the month in which eligibility is interrupted.
D.
Good Cause.
(1)
An individual is not subject to the penalty described in §A of this regulation if the individual verifies good cause for being unable to keep an appointment.
(2)
Examples of good cause include, but are not limited to:
(a)
Hospitalization; or
(b)
Inability to secure a necessary appointment.
Regulation .17 Capped Program Subject to Appropriation.LinkCopy Citation
A.
If the Secretary of Human Services determines that the caseload of current TDAP recipients will exhaust the TDAP appropriation for any State fiscal year, the Secretary may take one or more of the following actions to insure that the TDAP appropriation will not be exhausted:
(1)
Cease making payments on new applications for:
(a)
Individuals with an eligibility period of 9 months or less;
(b)
Individuals with an eligibility period of 12 months; or
(c)
Both groups as described in §A(1)(a) and (b) of this regulation;
(2)
Decrease further payments by 25 percent of the amount specified in Regulation .11A of this chapter for:
(a)
Individuals with an eligibility period of 9 months or less;
(b)
Individuals with an eligibility period of 12 months; or
(c)
Both groups as described in §A(2)(a) and (b) of this regulation; or
(3)
Deny further payments for current:
(a)
Recipients with an eligibility period of 9 months or less;
(b)
Recipients with an eligibility period of 12 months; or
(c)
Both groups as described in §A(3)(a) and (b) of this regulation.
B.
If additional appropriations are made during the State fiscal year, the Secretary may adjust the actions taken in accordance with §A of this regulation to ensure that the additional appropriation will not be exhausted.
C.
Local Funding for TDAP Benefits. Local jurisdictions:
(1)
May fund individuals whose benefits are denied or reduced under this Regulation; and
(2)
May not be reimbursed for any of these payments.
Regulation .18 Transition from Transitional Emergency, Medical, and Housing Assistance (TEMHA) to TDAP.LinkCopy Citation
A.
On the effective date of this chapter, individuals for whom a period of eligibility had been established under COMAR 07.06.05 shall continue that eligibility period until the:
(1)
Eligibility period expires; or
(2)
Individual becomes ineligible.
B.
The local department shall:
(1)
Notify the individual before the period of eligibility expires that the individual must reapply for continued assistance; and
(2)
Apply the provisions of this chapter to determine the continued eligibility for individuals described in §A of this regulation.
Chapter annotations
Authority: Human Services Article, §§1-205, 2-209, 5-201, 5-207, Annotated Code of Maryland
History: Effective date: August 1, 2004 (31:14 Md. R. 1077)
History: Regulation .02B amended effective November 15, 2010 (37:23 Md. R. 1609)
History: Regulation .04D, F amended effective November 15, 2010 (37:23 Md. R. 1609)
History: Regulation .04F,G amended effective November 19, 2007 (34:23 Md. R. 2026)
History: Regulation .05A, C amended effective November 15, 2010 (37:23 Md. R. 1609)
History: Regulation .05 amended effective November 19, 2007 (34:23 Md. R. 2026)
History: Regulation .08E amended effective November 19, 2007 (34:23 Md. R. 2026)
History: Regulation .10A, B amended effective October 17, 2011 (38:21 Md. R. 1276)
History: Regulation .10B amended effective November 15, 2010 (37:23 Md. R. 1609)
History: Regulation .16B amended effective November 19, 2007 (34:23 Md. R. 2026)