<?xml version='1.0' encoding='utf-8'?>
<regulation prefix="Regulation" num=".07" citation="COMAR 07.03.07.07" title_num="07" subtitle_num="03" chapter_num="07" heading="Income.">
  <paragraph num="A.">
    <text>In this regulation, “income” means all income from any source.</text>
  </paragraph>
  <paragraph num="B.">
    <text>Countable income includes, but is not limited to:</text>
    <paragraph num="(1)">
      <text>Wages, salaries, tips, and commissions;</text>
    </paragraph>
    <paragraph num="(2)">
      <text>Income from self-employment after deducting costs of materials, equipment, or other items essential to production of the self-employment income;</text>
    </paragraph>
    <paragraph num="(3)">
      <text>Federally funded assistance payments;</text>
    </paragraph>
    <paragraph num="(4)">
      <text>State-funded assistance payments;</text>
    </paragraph>
    <paragraph num="(5)">
      <text>Annuities, pensions, and retirement benefits;</text>
    </paragraph>
    <paragraph num="(6)">
      <text>Workers' compensation or unemployment benefits;</text>
    </paragraph>
    <paragraph num="(7)">
      <text>Social Security benefits;</text>
    </paragraph>
    <paragraph num="(8)">
      <text>Support and alimony payments;</text>
    </paragraph>
    <paragraph num="(9)">
      <text>Educational assistance not excluded under §C of this regulation;</text>
    </paragraph>
    <paragraph num="(10)">
      <text>Payments from government programs, dividends, interest, royalties, or money payments from any source that is a gain or benefit to the individual;</text>
    </paragraph>
    <paragraph num="(11)">
      <text>The contribution for a parent from a son or daughter;</text>
    </paragraph>
    <paragraph num="(12)">
      <text>The contribution for an adult child with a disability from a parent;</text>
    </paragraph>
    <paragraph num="(13)">
      <text>Lump sum income as described in §E of this regulation;</text>
    </paragraph>
    <paragraph num="(14)">
      <text>Trust fund payments made on behalf of the individual when the payment is made:</text>
      <paragraph num="(a)">
        <text>Directly to the individual; or</text>
      </paragraph>
      <paragraph num="(b)">
        <text>To the individual's legal guardian; and</text>
      </paragraph>
    </paragraph>
    <paragraph num="(15)">
      <text>Income from the trust fund principal when the individual has a right to the income as it becomes available.</text>
    </paragraph>
  </paragraph>
  <paragraph num="C.">
    <text>Excluded income includes:</text>
    <paragraph num="(1)">
      <text>Any grant or loan to an undergraduate student for educational purposes made, or insured, under any program administered by the U.S. Secretary of Education;</text>
    </paragraph>
    <paragraph num="(2)">
      <text>Any benefits received under Title VII, Nutrition Program for the Elderly, of the Older Americans Act of 1965, as amended;</text>
    </paragraph>
    <paragraph num="(3)">
      <text>Any stipends, compensation, or expenses received by volunteers from any programs existing or to be set up under the “Domestic Volunteer Service Act of 1973” sponsored by ACTION, such as, but not limited to:</text>
      <paragraph num="(a)">
        <text>Demonstration Project Program for Local Services (PLS);</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Volunteers in Service to America (VISTA);</text>
      </paragraph>
      <paragraph num="(c)">
        <text>University Year for Action;</text>
      </paragraph>
      <paragraph num="(d)">
        <text>Retired Senior Volunteer Program (RSVP);</text>
      </paragraph>
      <paragraph num="(e)">
        <text>Foster Grandparents;</text>
      </paragraph>
      <paragraph num="(f)">
        <text>Older American Community Service Program;</text>
      </paragraph>
      <paragraph num="(g)">
        <text>Service Corps of Retired Executives (SCORE); and</text>
      </paragraph>
      <paragraph num="(h)">
        <text>Active Corps of Executives (ACE);</text>
      </paragraph>
    </paragraph>
    <paragraph num="(4)">
      <text>The value of home produce of an applicant or recipient used by the individual for home consumption;</text>
    </paragraph>
    <paragraph num="(5)">
      <text>Educational loans and grants, such as scholarships, obtained and used under conditions that preclude their use for current living costs, other than those related to educational pursuits, such as books, fees, transportation to and from an educational institution, and the cost of child care while in attendance;</text>
    </paragraph>
    <paragraph num="(6)">
      <text>All training allowances received in a program under the Youth Employment Demonstration Program;</text>
    </paragraph>
    <paragraph num="(7)">
      <text>All training allowances received in a program offered by a public or private organization enabling people to participate in training programs intended to help them acquire job skills;</text>
    </paragraph>
    <paragraph num="(8)">
      <text>Payment received from the U.S. Department of Commerce, the Census Bureau, for short-term employment as a census worker;</text>
    </paragraph>
    <paragraph num="(9)">
      <text>Payment under Title I of Public Law 100-383, the Civil Liberties Act of 1988, or Title II of Public Law 100-383, the Aleutian and Pribilof Islands Restitution Act, received by individuals of Japanese ancestry and Aleuts;</text>
    </paragraph>
    <paragraph num="(10)">
      <text>Payment made from the Agent Orange Settlement Fund or any other fund established pursuant to the settlement in the Agent Orange product liability litigation;</text>
    </paragraph>
    <paragraph num="(11)">
      <text>The value of the benefit amount under the Food Supplement Program; and</text>
    </paragraph>
    <paragraph num="(12)">
      <text>Income from the trust principal when the individual has no right to the income.</text>
    </paragraph>
  </paragraph>
  <paragraph num="D.">
    <text>Income that is excluded may not be considered in determining the need of any other person for assistance.</text>
  </paragraph>
  <paragraph num="E.">
    <text>Receipt of Lump Sum Income.</text>
    <paragraph num="(1)">
      <text>Lump sum income is a nonrecurring money payment received by an applicant or recipient.</text>
    </paragraph>
    <paragraph num="(2)">
      <text>The portion of a lump sum actually available to an applicant or recipient is counted as a resource or income for determining eligibility and amount of payment.</text>
    </paragraph>
    <paragraph num="(3)">
      <text>The lump sum payment is counted in the following way:</text>
      <paragraph num="(a)">
        <text>An amount equal to the resource limit as described in Regulation .05A of this chapter, or an amount which when added to existing resources would equal the resource limit, may be retained;</text>
      </paragraph>
      <paragraph num="(b)">
        <text>The remaining lump sum is considered income and is added to the sum of all other income for the month after work expenses and other allowable disregards have been applied;</text>
      </paragraph>
      <paragraph num="(c)">
        <text>Income resulting from the computation in §E(3)(b) of this regulation is divided by the allowable amount for the individual;</text>
      </paragraph>
      <paragraph num="(d)">
        <text>The recipient is ineligible for the period of months equal to the quotient resulting from the division in §E(3)(c) of this regulation beginning with the first month for which advance notice of termination requirements can be met;</text>
      </paragraph>
      <paragraph num="(e)">
        <text>Any amount remaining which is less than the allowable amount is counted as income in the first month after the ineligibility ends;</text>
      </paragraph>
      <paragraph num="(f)">
        <text>If the lump sum is less than the monthly allowable amount and the asset limitation has been reached, the lump sum is deducted from the grant for the first month for which advance notice of reduction requirements can be met; and</text>
      </paragraph>
      <paragraph num="(g)">
        <text>The recipient who receives a lump sum payment in the month of application is ineligible for the period of months equal to the quotient resulting from the division in §E(3)(c) of this regulation beginning with the month of application.</text>
      </paragraph>
    </paragraph>
  </paragraph>
  <paragraph num="F.">
    <text>Shortened Period of Ineligibility for Recipients of Lump Sum Income.</text>
    <paragraph num="(1)">
      <text>The local department shall shorten the period of ineligibility for assistance due to receipt of lump sum income when the lump sum income or a portion of it becomes unavailable to the applicant or recipient due to circumstances beyond the individual's control.</text>
    </paragraph>
    <paragraph num="(2)">
      <text>The lump sum income or a portion of it is considered unavailable when:</text>
      <paragraph num="(a)">
        <text>It is no longer in the possession of the individual and can not be recovered or used for every day expenses; and</text>
      </paragraph>
      <paragraph num="(b)">
        <text>This unavailability has been verified.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(3)">
      <text>Circumstances considered beyond the control of the individual are:</text>
      <paragraph num="(a)">
        <text>Theft of money;</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Disaster defined as fire, flood, tornado, or civil disorder;</text>
      </paragraph>
      <paragraph num="(c)">
        <text>Eviction or foreclosure; or</text>
      </paragraph>
      <paragraph num="(d)">
        <text>Medical expenses.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(4)">
      <text>Allowable medical expenses under §F(3)(d) of this regulation are payments for:</text>
      <paragraph num="(a)">
        <text>Treatment or service rendered in a hospital, clinic, or nursing home;</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Treatment or service rendered by a physician, dentist, certified psychologist, licensed social worker, or any health professional licensed or certified by the State;</text>
      </paragraph>
      <paragraph num="(c)">
        <text>Prescription drugs when prescribed by a health professional licensed under State law to prescribe drugs; and</text>
      </paragraph>
      <paragraph num="(d)">
        <text>Over-the-counter medication, health-related supplies, or appliances recommended by a health professional licensed by the State.</text>
      </paragraph>
    </paragraph>
  </paragraph>
</regulation>