This chapter sets the eligibility criteria for payments of the Maryland Mandatory State Supplement to certain individuals and couples in the Supplemental Security Income program. In this chapter, the following terms have the meanings indicated. Terms Defined. “December 1973 income” means an amount equal to the total of: The amount of cash assistance the individual or couple received for December 1973, under programs in the State's plan approved under Title I, X, XIV, or XVI of the Social Security Act programs, including any part of the amount attributable to meeting special needs or circumstances, but not including any special rental allowances paid by political subdivisions of the State which were disregarded in computing the amount of cash assistance; and The amount of nonassistance income received in December 1973 remaining after application of all appropriate income exclusions, minus any unreported income in December 1973, which, if reported, would have resulted in a reduction in the amount of assistance. “SSA” means the federal Social Security Administration. “SSI” means the Supplemental Security Income Program. “Title XVI benefit plus any other income” means an amount equal to the total of: The amount, if any, of the SSI benefit to which the individual or couple is entitled for the month under Title XVI of the Social Security Act; and The amount of any income for the individual or couple for the month, other than Title XVI benefits, that would have been counted as income under the State Plan in operation for June 1973. SSA administers the Mandatory State Supplement Program through an agreement with the State. SSA shall make the State supplemental payment. An individual or couple is eligible each month beginning January 1974 for a State supplement under this chapter if the individual or couple: Is a resident of the State; Meets the SSI definition of aged, blind, or disabled in that month; Is a recipient of cash grants under the programs in the State's plan approved under Title I, X, XIV, or XVI of the Social Security Act in December 1973, or who applied for this assistance in the State in December 1973 and was subsequently determined to be eligible for a cash grant for the month of December 1973 under these programs; and Has December 1973 income as defined in Regulation .02B(1) of this chapter exceeding the amount of the individual's or couple's Title XVI benefit plus any other income as defined in Regulation .02B(2) of this regulation. SSA may not pay an individual or couple the State supplement in any month in which the individual or couple was ineligible to receive benefits under Title XVI according to 20 CFR §416.2040. An individual or couple may not receive the State supplement in any full month when the individual or couple is not a resident of Maryland as described in §B of this regulation. Residence. A resident of the State is one who is living in the State voluntarily and not for a temporary purpose and has no immediate intention of moving from the State. A recipient of assistance may be living outside of the State if the individual's absence from the State is temporary with subsequent returns to the State, or with the intent to return when the purposes of the absence have been accomplished. The amount of the State supplement is the amount by which the individual's or couple's December 1973 income as defined in Regulation .02B(1) of this chapter exceeds the Title XVI benefits and other income as defined in Regulation .02B(2) of this chapter for the month. Overpayments. Upon determination that an overpayment has been made, SSA shall make adjustments against future federally administered payments for which the individual is entitled. The rules and requirements in effect for recovery of SSI benefits shall also apply to the recovery of mandatory State supplement overpaid amounts. Underpayments. Upon determination that an underpayment of the State supplement is due and payable, the SSA shall pay the underpaid amount to the underpaid claimant or to the individual's representative. If the underpaid individual dies before receiving the underpaid amount of the State supplement, the underpaid amount shall be paid to the individual's eligible spouse. If the deceased claimant has no eligible spouse, the underpaid amount may not be paid. The State supplement shall end the earlier of: The month after the month of death; or The first month after the month in which the individual ceases to be an aged, blind, or disabled individual as defined in 20 CFR §416.202. Discrimination complaints shall be handled in accordance with COMAR 07.01.03. Human Services Article, §§2-209 and 5-205, Annotated Code of MarylandFederal Regulatory Reference—20 CFR §§416.2001—416.2075 Effective date: January 1, 1974 Regulation .02E repealed effective April 7, 1978 (5:7 Md. R. 521) Regulation .05A amended effective January 5, 1977 (4:1 Md. R. 15) Regulation .06 repealed effective February 10, 1978 (5:3 Md. R. 137) Regulation .07 amended effective January 19, 1977 (4:2 Md. R. 86) Regulation .07B amended effective July 1, 1980 (7:13 Md. R. 1275) Regulation .11 amended effective January 18, 1982 (9:1 Md. R. 18) Regulation .12A adopted effective September 17, 1975 (2:21 Md. R. 1340) Regulation .12A amended effective October 10, 1983 (10:20 Md. R. 1783) Regulation .12B adopted effective December 10, 1975 (2:28 Md. R. 1666) Regulations .01—.12 repealed and new regulations .01—.10 adopted effective July 16, 2007 (34:14 Md. R. 1245)