# COMAR Title 07 — Department of Human Services

## Subtitle 03 — Family Investment Administration

### Chapter 16 — Refugee Cash Assistance

**Authority:** Article 88A, §§1A(a), 3(a), and 15, Annotated Code of Maryland;Federal Regulatory Reference—45 CFR Parts 400 and 401

**Administrative History:** Effective date: January 19, 2004 (31:1 Md. R. 30)

**Administrative History:** Regulation .01B amended effective June 18, 2007 (34:11 Md. R. 971)

**Administrative History:** Regulation .15 repealed and new Regulation .15 adopted effective June 20, 2005 (32:12 Md. R. 1046)

**Administrative History:** Regulation .15 amended effective June 18, 2007 (34:11 Md. R. 971)

#### Regulation .01 Purpose and Scope.

*COMAR 07.03.16.01*

A. Purpose. The Refugee Cash Assistance (RCA) Program is for new arrivals in the United States who are:

  (1) Refugees;

  (2) Asylees; or

  (3) Victims of severe forms of trafficking in persons.

B. Scope.

  (1) This chapter does not apply to individuals residing in:

    (a) Baltimore City;

    (b) Baltimore County;

    (c) Anne Arundel County;

    (d) Carroll County;

    (e) Howard County;

    (f) Harford County; or

    (g) Washington County.

  (2) Individuals in the jurisdictions listed in §B(1) of this regulation are subject to the Maryland Public/Private Partnership Refugee Transitional Cash Assistance Program in compliance with 45 CFR Parts 400 and 401.

#### Regulation .02 Definitions.

*COMAR 07.03.16.02*

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 to the LDSS for cash assistance:

      (i) Directly;

      (ii) Through an authorized representative; or

      (iii) If incompetent or incapacitated, through someone acting responsibly for the individual; and

    (b) Whose application is pending.

  (2) 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.

  (3) “Assistance unit” means:

    (a) An individual adult;

    (b) Married individuals without children; or

    (c) Parents or custodial relatives with minor children who are not eligible for temporary cash assistance, who live in the same household.

  (4) “Asylee” means an individual who has been granted asylum status in the U.S. under §208 of the Immigration and Nationality Act (INA) (8 U.S.C. §1158).

  (5) “Authorized representative” means an adult nonassistance unit member who has been designated in writing to act on behalf of the household.

  (6) “Case” means the group of individuals living together whose needs and resources are considered when authorizing program benefits.

  (7) “Department” means the Department of Human Services.

  (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) “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.

  (10) “Employability plan” means an individualized written plan for serving an individual which defines an employment goal and the development services or steps required to meet the goal within the mutually agreed upon time frame.

  (11) “Employment services contractor” means an agency that is under contract with the Department to provide the services necessary to enable individuals to meet the work requirements.

  (12) “Equity value” means the fair market value less all encumbrances.

  (13) “Fair market value” means the price for which an item can be sold in an open market in a given geographic area.

  (14) “Family self-sufficiency plan” means a plan that addresses the employment related service needs of the employable member of the assistance unit for the purpose of enabling the assistance unit to become self-supporting through the employment of one or more members.

  (15) “Immigration and Nationality Act (INA)” means 8 U.S.C. §1101 et seq.

  (16) “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 RCA; or

    (b) Increasing or preventing a reduction of the amount of RCA.

  (17) “Interim change” means a change in a customer's situation, after an application, that may affect the amount of benefits paid or continuing eligibility.

  (18) “Local department (LDSS)” means a department of social services in a county or Baltimore City or the Montgomery County Department of Health and Human Services.

  (19) “Local resettlement agency” means a local affiliate or subcontractor of a national voluntary agency that has entered into a grant, contract, or cooperative agreement with the United States Department of State or other appropriate federal agency to provide for the reception and initial placement of refugees in the United States.

  (20) “Recipient” means an individual in an active RCA assistance unit.

  (21) “Refugee” means an individual paroled as a refugee or asylee under section 212(d)(5) of the INA or admitted as a refugee under section 207 of the INA.

  (22) “Refugee cash assistance (RCA)” means cash assistance provided under section 412(e) of the INA to refugees who are ineligible for TCA or SSI.

  (23) “Resource” means the amount left from an asset or from income, after all exclusions and disregards are applied.

  (24) “Secretary” means the Secretary of Human Services.

  (25) “Sponsor” means an individual, church, civic organization, State or local government, or other group or organization, which has agreed to help in the reception and initial placement of a refugee.

  (26) “Supplemental Security Income (SSI)” means the cash assistance program for aged and disabled individuals funded under Title XVI of the Social Security Act (42 U.S.C. §1381 et seq.).

  (27) “Temporary cash assistance (TCA)” means the cash assistance program for families with children, which is funded under Title IV-A of the Social Security Act.

  (28) “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.

  (29) Verification.

    (a) “Verification” means proof that the statements made by an individual applying for RCA are true.

    (b) “Verification” includes proof contained in documents or records of public or private agencies, firms, or individuals.

  (30) “Victim of a severe form of trafficking in persons” means an individual certified in accordance with Public Law 106-386 Trafficking Victims Protection Act of 2000.

#### Regulation .03 Technical Eligibility.

*COMAR 07.03.16.03*

A. To qualify for RCA, an individual:

  (1) Shall:

    (a) Meet immigration status and documentation requirements as described in §B of this regulation;

    (b) Be a Maryland resident as described in §C of this regulation;

    (c) Have resided in the United States less than 8 months following the:

      (i) Initial month of entry into the country as a refugee; or

      (ii) Granting of status as an asylee or victim of severe trafficking in persons;

    (d) Be ineligible for TCA, SSI, or other federal programs for the aged, blind or disabled, children, or families; and

    (e) In the case of a refugee, provide the name of the local resettlement agency that resettled the individual; and

  (2) May not be a full-time student in an institution of higher education, except if enrollment is approved by the LDSS as part of an individual employability plan for the refugee or a plan for an unaccompanied minor.

B. Refugee and Asylee Status Requirements.

  (1) An applicant for RCA shall provide verification of immigration status, in the form of documentation from the Immigration and Naturalization Service (INS), that the individual has been:

    (a) Paroled as a refugee or asylee under §212(d)(5) of the INA;

    (b) Admitted as a refugee under §207 of the INA;

    (c) Granted asylum status in the U.S. under §208 of the INA;

    (d) Granted status as a Cuban and Haitian entrant as defined in §501(e) of the Refugee Education Assistance Act of 1980;

    (e) Admitted to the Unites States as an Amerasian under 8 U.S.C. §1612(a)(2)(A); or

    (f) Certified by the United States Department of Health and Human Services Office of Refugee Resettlement as a victim of a severe form of trafficking in persons in accordance with Public Law 106-386 Trafficking Victims Protection Act of 2000.

  (2) An individual admitted for permanent residence also meets the status requirements of §B(1) of this regulation if the individual previously held one of the statuses described in §B(1) of this regulation.

C. Residence.

  (1) The applicant and all recipients of RCA shall be residents of the State.

  (2) A resident of the State is one who is:

    (a) Living in the State voluntarily and not for a temporary purpose and has no immediate intention of moving from the State; and

    (b) Not receiving assistance from another state.

  (3) The LDSS may not impose requirements as to duration of residence in the State as a condition of receipt of RCA.

#### Regulation .04 Application Process.

*COMAR 07.03.16.04*

A. The LDSS shall:

  (1) Determine RCA eligibility for individuals determined ineligible for TCA; and

  (2) Refer individuals who are 65 years old or older or who are blind or disabled promptly to the Social Security Administration to apply for SSI.

B. 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 LDSS shall have available and distribute publications explaining Program features and requirements, rights and responsibilities, and appeals procedures in understandable and simple language.

C. Application.

  (1) The LDSS shall:

    (a) Require an individual applying for RCA to file an application specified by the LDSS and approved by the Department;

    (b) Advise the individual of the eligibility factors to be verified, and the types of proofs the LDSS will accept 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 RCA with clear and timely notice of their rights.

  (2) The application shall be signed under penalty of perjury by:

    (a) The applicant;

    (b) An authorized representative of the applicant; or

    (c) Someone acting responsibly for the applicant if the applicant is incompetent or incapacitated.

D. Verification.

  (1) The LDSS shall verify the following factors of RCA eligibility:

    (a) Countable income;

    (b) Countable assets;

    (c) Social Security number for each household member or proof of application for a new or replacement card; and

    (d) Immigration status.

  (2) The LDSS may require verification of any information provided by the individual that is questionable as described in §E of this regulation, incomplete, or outdated.

  (3) The primary source for obtaining verification is the applicant or recipient.

  (4) The LDSS shall provide a list of required verifications and assist the applicant, recipient, or the representative in obtaining the necessary verifications.

E. Information is questionable if information provided by the household is inconsistent with:

  (1) Statements made by the applicant;

  (2) Information on the application; or

  (3) Information otherwise received by the LDSS.

F. Case Record. The LDSS shall establish and maintain a paper and an electronic RCA case record that contains:

  (1) Narration;

  (2) Verifications; and

  (3) Other documentation related to the RCA assistance unit.

#### Regulation .05 Decision on Application.

*COMAR 07.03.16.05*

A. The LDSS shall make a decision as to payment of cash assistance as promptly as possible but not later than 30 calendar days from the date of the signed application for RCA.

B. If the LDSS determines that a refugee has an urgent need for RCA, the LDSS shall:

  (1) Process the application as quickly as possible; and

  (2) Issue the initial payment to the refugee on an emergency basis.

C. If the assistance unit is eligible in the month of application, the RCA grant begins the date the signed application is received in the LDSS.

D. If the assistance unit is not eligible in the month of application, the RCA grant begins the first day of the following month.

E. The LDSS shall specify a period of eligibility for RCA that is not more than an 8-month period beginning the month:

  (1) The refugee enters the U.S.; or

  (2) Asylum or victim of severe trafficking in persons status was effective.

F. An applicant is not eligible if:

  (1) The assistance unit does not meet technical factors of eligibility;

  (2) The applicant withdraws the application; or

  (3) There is insufficient information to determine eligibility.

G. The LDSS 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 notification to the agency; or

  (2) There is an entry in the case record that the application has been disposed of because the applicant died or could not be located.

H. The LDSS shall:

  (1) Provide written notice to the applicant to indicate either the:

    (a) Authorized amount of financial assistance; or

    (b) 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 Assistance Unit.

*COMAR 07.03.16.06*

A. All individuals included in the RCA unit shall meet the requirements as described in Regulation .03 of this chapter.

B. The LDSS:

  (1) Shall include childless refugee married couples in the same assistance unit, unless one member receives SSI; and

  (2) May not include in the same assistance unit adult refugees related to one another such as brothers and sisters.

C. The assistance unit may not include:

  (1) An individual who fails to meet technical factors of eligibility as described in Regulation .03 of this chapter;

  (2) 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 within the United States from which the individual is fleeing; or

    (b) In the case of New Jersey, a high misdemeanor under the laws of that state;

  (3) An individual violating a condition of probation or parole imposed under federal or state law;

  (4) An individual convicted of IPV as described in Regulation .17B of this chapter;

  (5) An institutionalized individual; or

  (6) An SSI recipient.

#### Regulation .07 Employment Registration and Participation.

*COMAR 07.03.16.07*

A. An employable individual shall:

  (1) Register for and, within 30 days of receipt of RCA, participate in refugee employment services;

  (2) Go to a job interview that is arranged by the LDSS, the refugee employment services contractor, or the local resettlement agency;

  (3) Accept at any time, from any source, an offer of employment, as determined to be appropriate by the LDSS, the refugee employment services contractor, or the local resettlement agency;

  (4) Participate in any employability service program that provides job or language training in the area in which the individual resides, which is determined to be available and appropriate for that individual; and

  (5) Participate in any targeted assistance program in the area in which the individual resides, which is determined to be available and appropriate for that individual.

B. The LDSS or the employment services contractor shall permit, but may not require, the voluntary registration for employment services of an individual who is exempt as listed in §E of this regulation.

C. The applicant or recipient shall register for services regardless of:

  (1) The date of entry into the United States; and

  (2) Whether the individual has a social security number.

D. The LDSS shall refer the employable individual to the Employment Security Administration (ESA) to register for employment in those jurisdictions where refugee employment services are not available.

E. Exemptions from Employability Services.

  (1) An individual is exempt from employability services if the individual is:

    (a) Verified to be physically or mentally unfit to participate in employability services;

    (b) An adult needed in the home to care for a severely disabled individual living in the home, regardless of whether the disabled individual is in the assistance unit;

    (c) An adult working 30 hours or more per week and earning at least minimum wage in unsubsidized employment expected to last a minimum of 30 days;

    (d) A child younger than 16 years old, or younger than 22 years old and regularly attending full time classes in a grade school or secondary school;

    (e) 65 years old or older; or

    (f) A parent or caretaker relative who personally provides full-time care for a child younger than 3 years old.

  (2) The exempt individual may volunteer to be in a work program.

F. Development of an Employability Plan.

  (1) The LDSS or employment services contractor shall develop an individual employability plan as part of a family self-sufficiency plan for each recipient of RCA who is not exempt as described in §E of this regulation.

  (2) If the local resettlement agency which sponsored the refugee has developed a plan, the LDSS may accept this plan if it determines that the plan is appropriate for the refugee and meets the requirements in §F(3) of this regulation.

  (3) The employability plan:

    (a) Shall be designed to lead to the earliest possible employment;

    (b) May not be structured in such a way as to discourage or delay employment or job seeking; and

    (c) Shall contain a definite employment goal, attainable in the shortest time period consistent with the employability of the individual in relation to job openings in the area.

G. Criteria for Appropriate Employability Services and Employment.

  (1) The LDSS or employment services contractor shall determine if employability services and employment are appropriate.

  (2) The services or employment shall meet the following criteria:

    (a) All assignments shall be within the scope of the individual's employability plan, which shall be modified if necessary to reflect changed services or employment conditions;

    (b) The services or employment shall be related to the capability of the individual to perform the task on a regular basis;

    (c) The total daily commuting time to and from home to the service or employment site may not normally exceed 2 hours;

    (d) The service or work site to which the individual is assigned may not be in violation of applicable federal, State, or local health and safety standards;

    (e) Assignments may not be made which are discriminatory in terms of age, sex, race, religion, color, or national origin;

    (f) Appropriate work may be temporary, permanent, full-time, part-time, or seasonal work if the work meets the other standards of this section;

    (g) The wage shall meet or exceed the federal minimum wage; and

    (h) The daily hours of work and the weekly hours of work may not exceed those customary to the occupation.

  (3) An individual may not be required to accept employment if:

    (a) The position offered is vacant due to a strike, lockout, or other bona fide labor dispute; or

    (b) The individual would be required to work for an employer contrary to the conditions of the individual's existing membership in the union governing that occupation.

  (4) If an employed individual is a professional in need of professional refresher training and other recertification services in order to qualify to practice the individual's profession in the United States, the training may consist of full-time attendance in a college or professional training program, if the training:

    (a) Is approved as part of the individual's employability plan by the LDSS or employment contractor;

    (b) Does not exceed 1 year's duration;

    (c) Is specifically intended to assist the professional in becoming relicensed in the individual's profession; and

    (d) If completed, can realistically be expected to result in relicensing.

  (5) A refugee shall accept an appropriate job offer, without regard to whether the job would interrupt a program of services planned or in progress unless the refugee is currently participating in a program in progress of on-the-job training, or vocational training which meets the requirements of this section and which is part of an approved employability plan.

#### Regulation .08 Failure or Refusal to Accept Employability Services or Employment.

*COMAR 07.03.16.08*

A. Termination of Assistance.

  (1) If, without good cause, an employable nonexempt RCA recipient has failed or refused to meet the work requirements or has voluntarily quit a job, the individual is ineligible as described in §B of this regulation.

  (2) Notice of Intended Termination.

    (a) The LDSS shall give timely and adequate notice if it reduces, suspends, or terminates assistance.

    (b) The LDSS shall provide written procedures in English and in appropriate languages for the determination of good cause, the sanctioning of refugees who do not comply with the requirements of the program, and for the filing of appeals by refugees.

    (c) The written notice shall include:

      (i) An explanation of the reason for the action;

      (ii) The proposed adverse consequences; and

      (iii) Notice of the recipient's right to mediation and a hearing.

    (d) A written notice in English and a written translated notice, or a verbal translation of the notice shall be sent or provided to a refugee at least 10 calendar days before the date the action becomes effective.

B. Sanctions.

  (1) If the sanctioned individual is the only member of the assistance unit, the LDSS shall terminate the RCA grant.

  (2) If the assistance unit includes other members, the LDSS may not take into account the sanctioned individual's needs in determining the assistance unit's need for RCA.

  (3) The sanction applied in §B(1) or (2) of this regulation shall remain in effect for:

    (a) 3 payment months for the first failure; or

    (b) 6 payment months for any subsequent failure.

C. Good cause for refusing or failing to cooperate with work requirements includes but is not limited to one or more of the following:

  (1) Illness or incapacity that is properly documented;

  (2) Verified, court-required appearance or temporary incarceration;

  (3) A family crisis that threatens normal family functioning;

  (4) A breakdown in childcare arrangements or lack of childcare resources;

  (5) 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; and

  (6) A breakdown in transportation arrangements if there is no accessible means of transportation.

D. Good cause for quitting a job includes, but is not limited to:

  (1) Taking a new job with another employer;

  (2) Discrimination based on race, sex, disability, or religious, or sexual orientation;

  (3) Breakdown in transportation arrangements if there is no other accessible means of transportation;

  (4) Breakdown in childcare arrangements or lack of childcare resources;

  (5) Domestic violence or other family crisis that threatens normal family functioning;

  (6) Hazardous working conditions;

  (7) Documented illness or incapacitation;

  (8) Incarceration;

  (9) Resignation at the employer's request;

  (10) Lack of supportive services identified in the initial assessment and agreed upon by the recipient and the LDSS; or

  (11) Other circumstances determined to be good cause by the LDSS.

#### Regulation .09 Financial Eligibility.

*COMAR 07.03.16.09*

A. Financial Eligibility Requirements.

  (1) The LDSS shall evaluate and count resources available to the applicant or recipient to use for current living expenses.

  (2) The assistance unit is not eligible for RCA if the total:

    (a) Net income of the case calculated as described in Regulation .11 of this chapter is more than the allowable payment amount for the assistance unit size as described in Regulation .15 of this chapter; or

    (b) Assets of the case, calculated as described in Regulation .10 of this chapter, are more than the allowable amount.

  (3) If the expenses of a case exceed the known income or assets, the LDSS shall require the applicant or recipient to provide additional explanations or verifications.

B. Transfer of Assets.

  (1) An assistance unit with an individual who transfers assets to become eligible for RCA is not eligible for the period of time specified in this section.

  (2) The period of ineligibility shall be applied if the assets are transferred:

    (a) In the 3-month period before application; or

    (b) After the assistance unit is determined eligible for benefits.

  (3) If the LDSS establishes that an individual transferred resources to become eligible for benefits, the period of ineligibility is calculated in the following manner:

    (a) Determine the equity value of the asset;

    (b) Subtract the amount of assets which can be retained, without exceeding the asset limit as described in Regulation .10 of this chapter, from the equity value;

    (c) Divide the difference in §B(3)(b) of this regulation by the benefit amount for the assistance unit size as described in Regulation .15 of this chapter; and

    (d) Drop any portion of a month that results from the division.

  (4) The assistance unit is ineligible for the period of months equal to the result of the calculation under §B(3) of this regulation.

#### Regulation .10 Assets.

*COMAR 07.03.16.10*

A. The asset limit for a RCA case is $2,000.

B. Excluded Assets. Assets excluded from the $2,000 limit are:

  (1) The home which is the usual residence of the assistance unit;

  (2) Basic items essential to day-to-day living such as:

    (a) Personal items such as clothing, toilet articles, and cosmetics;

    (b) Household accessories and furnishings in everyday use;

    (c) Appliances, including devices for preparation and storage of food, upkeep of clothing, or home maintenance;

    (d) Health aids such as wheelchairs, hearing aids, or walking aids;

    (e) Educational material; and

    (f) Children's toys;

  (3) Vehicles owned by assistance unit members;

  (4) One burial plot per assistance unit member;

  (5) Contracted funeral agreements;

  (6) Tools and equipment necessary for employment;

  (7) Income-producing property, farm machinery, livestock, tools, and business equipment;

  (8) Life insurance policies;

  (9) Trust accounts established by court order under Estates and Trusts Article, §§13-401—13-407, Annotated Code of Maryland;

  (10) Individual Development Accounts (IDA);

  (11) Up to $2,000 held in a separate bank account for each child's earnings;

  (12) Real property, other than the home, if it is listed for sale with a realtor; and

  (13) Assets remaining in the applicant's country of origin.

C. Countable Assets.

  (1) Assets, except for those excluded in §B of this regulation, in which the applicant or recipient has legal interest and which are actually available are countable.

  (2) The countable amount of an asset is the equity value.

  (3) Countable assets include the assets of individuals not included in the assistance unit as described in Regulation .06C of this chapter.

D. The LDSS may not consider a sponsor's resources to be accessible to a refugee solely because the individual is serving as a sponsor.

#### Regulation .11 Income.

*COMAR 07.03.16.11*

A. Sources of Countable Income.

  (1) RCA income calculations apply to both members of an assistance unit and nonmembers as described in §F of this regulation whose income is countable to the assistance unit.

  (2) Each member of the assistance unit is considered to be a recipient of RCA even if no cash assistance is paid.

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; and

    (e) Earnings from self-employment.

  (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; or

    (c) Divide the gross earned income received monthly by 4.3, and multiply by 4.

C. Countable Unearned Income.

  (1) Unearned income includes, but is not limited to, the following:

    (a) Lump sum income as described in Regulation .12 of this chapter;

    (b) The prorated portion of the income of a technically ineligible individual as described in §F(3) of this regulation;

    (c) Child support;

    (d) Monetary gifts and contributions;

    (e) Social Security retirement, survivors, and disability benefits;

    (f) Workers' compensation;

    (g) Unemployment insurance benefits received by the assistance unit; and

    (h) 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 Farmers Home Administration (FMHA), §515 of the Housing Act of 1949 (42 U.S.C. §1485).

  (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 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 for an undergraduate student;

  (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 Farmers Home Administration (FMHA), §515 of the Rental Assistance Act;

  (10) Third-party vendor payments;

  (11) Loans 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 LDSS 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 RCA activities;

  (13) Foster care payments received by an individual on behalf of a foster child;

  (14) Payments received under a crime victims compensation program; and

  (15) Any cash grant received by the individual under the United States Department of State or Department of Justice Reception and Placement programs.

E. The LDSS may not consider a sponsor's income to be accessible to a refugee solely because the individual is serving as a sponsor.

F. 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:

  (1) Apply the income disregards as described in Regulation .13 of this chapter to the income of the ineligible member;

  (2) Divide the result by the number of individuals in the assistance unit plus the ineligible member; and

  (3) Multiply the quotient as determined in §F(2) of this regulation by the number of assistance unit members to obtain the amount of income countable from the ineligible member.

#### Regulation .12 Lump Sum Income.

*COMAR 07.03.16.12*

A. Lump sum income is a nonrecurring 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 .15 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 counted 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 counted as income in the month following the expiration of timely notice.

C. Lump Sum Income—Shortened Period of Ineligibility. The LDSS shall shorten the period of ineligibility for RCA due to receipt of a lump sum if 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 LDSS.

#### Regulation .13 Benefit Amount.

*COMAR 07.03.16.13*

A. The LDSS shall:

  (1) Determine the RCA 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 .15 of this chapter; and

  (2) Issue a benefit to the assistance unit if the assistance unit is determined to be eligible for $10 or more.

B. Net countable income for an assistance unit is determined by applying the allowable disregards in the following sequence:

  (1) 20 percent of the gross earned income or 50 percent of gross self-employment income to test for eligibility during the application process;

  (2) 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;

  (3) Payments for the care of each child in the assistance unit or an incapacitated adult living in the home not to exceed:

    (a) $200 monthly for employment of 100 hours or more per month; or

    (b) $100 monthly for employment less than 100 hours per month; and

  (4) Verified payments of child support to an individual outside the assistance unit.

C. Child care and adult care payments as described in §B(3) of this regulation are allowed only if it is necessary for an assistance unit member to:

  (1) Accept or continue employment;

  (2) Seek employment;

  (3) Attend an assessment or training that leads to employment; or

  (4) Pursue education that leads to employment.

#### Regulation .14 Method of Payment.

*COMAR 07.03.16.14*

A. Electronic Benefit Transfer. The Department operates an EBTS under an agreement with the U.S. Department of Health and Human Services and pursuant to U.S. Department of Agriculture regulations.

B. RCA Grant.

  (1) The RCA grant is paid through EBTS.

  (2) The period of time covered by the RCA 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 35 days from the benefit issuance date or the benefits will be moved off-line for nonuse of benefits.

  (5) If the benefits are moved off-line, the customer may request the LDSS to reissue the benefits.

#### Regulation .15 RCA Schedule.

*COMAR 07.03.16.15*

Monthly Allowable Amounts To Be Paid Effective October 1, 2006.

Number of Individuals in the Assistance Unit
            Allowable Amount
          
          
            1
            $ 247
          
          
            2
            433
          
          
            3
            549
          
          
            4
            664
          
          
            5
            769
          
          
            6
            846
          
          
            7
            951
          
          
            8
            1,047
          
          
            9
            1,130
          
          
            10
            1,222
          
          
            11
            1,333
          
          
            12
            1,395
          
          
            13
            1,481
          
          
            14
            1,567
          
          
            15
            1,657
          
          
            16
            1,765

For each individual over 16, add $116.

#### Regulation .16 Changes; Timely and Adequate Notice.

*COMAR 07.03.16.16*

A. Interim Change.

  (1) The LDSS 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 .13B(1) and (2) of this chapter.

  (3) A recipient shall report any change in circumstances that may affect the amount of payment to the LDSS within 10 days of the change.

  (4) Unless RCA is continued pending disposition of an appeal, the effective date of the grant change is:

    (a) The first day of the month immediately following the month in which the change occurred; or

    (b) If the grant change does not occur in time for it to be effective under §A(4)(a) of this regulation, not later than the first day of the second subsequent month following the month in which the change occurred.

  (5) If RCA is terminated for any reason, the LDSS shall:

    (a) Reevaluate continued eligibility for Medical Assistance for the assistance unit; and

    (b) Review the case for eligibility for other cash programs.

  (6) Recipients may request that their case be closed at any time.

B. Adequate Notice.

  (1) The LDSS shall provide a RCA recipient with written notice of any change.

  (2) Except as provided in §B(3) of this regulation, the written notice shall include:

    (a) A statement of what action the LDSS 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) If changes in either State or federal law require automatic benefit adjustments for categories of recipients, timely notice of a grant adjustment shall be given. The notice shall include:

    (a) A statement of what action the LDSS 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) A statement of the circumstances under which assistance is continued if an administrative hearing is requested; and

    (f) A statement of 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.

C. Timely Notice of Termination or Reduction.

  (1) Except as described in §D(2) of this regulation, the LDSS shall mail or hand deliver written notice at least 10 calendar days before the date of a reduction, termination, or suspension action.

  (2) Timely notice under §C(1) of this regulation is not required if:

    (a) The recipient has died;

    (b) After exploring all available information the recipient's whereabouts are unknown; or

    (c) The recipient requests, in writing, that the case be closed.

#### Regulation .17 Conciliation, Sanctions, and Other Penalties.

*COMAR 07.03.16.17*

A. Sanctions for Noncompliance.

  (1) The LDSS:

    (a) Shall terminate the case if the sanctioned individual is the only member of the assistance unit; and

    (b) May not include the sanctioned individual's needs in determining the assistance unit's need for assistance if the assistance unit includes other members.

  (2) A sanction may not be imposed less than 30 days from the first written notice of noncompliance with a Program requirement.

  (3) Conciliation Process.

    (a) The LDSS shall allow one 30-day conciliation period for each individual's failure to comply with requirements for each act of noncompliance with a Program requirement.

    (b) During the 30-day period, the case manager shall help the individual comply by:

      (i) Sending the individual a letter to schedule a conciliation conference; and

      (ii) Following up on the letter through telephone contact or personal contact as appropriate and feasible.

    (c) 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.

  (4) For noncompliance with any Program requirement other than a work activity, RCA shall be resumed upon compliance with the Program requirement.

  (5) For noncompliance with a work activity, RCA shall be resumed as described in Regulation .08B of this chapter.

B. Sanctions for IPV. An assistance unit is ineligible for RCA benefits for the following periods of time 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:

  (1) For a period of 6 months after the first finding or until full repayment of any overpayment of RCA benefits;

  (2) For a period of 12 months after the second finding or until full repayment of any overpayment of RCA benefits; and

  (3) Permanently after the third finding.

#### Regulation .18 Payment Irregularities.

*COMAR 07.03.16.18*

Payment irregularities, which include overpayments, underpayments, fraud, and recoupment of funds, are handled according to COMAR 07.03.14.

#### Regulation .19 Appeals and Complaints of Discrimination.

*COMAR 07.03.16.19*

A. Agency Conference. A RCA applicant or recipient may request an agency conference to:

  (1) Promptly resolve the date of entry into the United States by the applicant or recipient;

  (2) Obtain an explanation of the reasons for proposed actions; and

  (3) Present information to show that the proposed action is incorrect.

B. Appeal of Local Department Decision.

  (1) The LDSS shall give to each applicant or recipient of RCA written notification of the right to and procedures for requesting and obtaining an administrative hearing as set forth in COMAR 07.01.04.

  (2) The LDSS may not terminate an individual's benefits prior to completion of the final administrative decision, but the individual is subject to recovery of any overpayment if the LDSS action is sustained.

  (3) A hearing need not be granted if:

    (a) Federal law requires automatic grant adjustments for classes of recipients unless the reason for an individual appeal is incorrect benefit calculation; or

    (b) Assistance is terminated because the time period imposed by law has been reached unless the issue is the date of entry into the United States.

C. Discrimination.

  (1) The LDSS may not discriminate against any individual on the grounds of race, color, national origin, gender, age, marital status, mental or physical disability, or religious or political affiliation.

  (2) An individual 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 with the Department.