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<regulation prefix="Regulation" num=".02" citation="COMAR 07.03.17.02" title_num="07" subtitle_num="03" chapter_num="17" heading="Definitions.">
  <paragraph num="A.">
    <text>In this chapter, the following terms have the meanings indicated.</text>
  </paragraph>
  <paragraph num="B.">
    <text>Terms Defined.</text>
    <paragraph num="(1)">
      <text>“Adjustment” means a debit or credit transaction applied to the recipient's electronic benefit transfer account to correct a system error or an out-of-balance condition identified in the settlement process.</text>
    </paragraph>
    <paragraph num="(2)">
      <text>“Administrative error (AE)” means an error caused by the local department's action or failure to act.</text>
    </paragraph>
    <paragraph num="(3)">
      <text>“Allotment” means the total value of benefits a household is authorized to receive during each month or other time period.</text>
    </paragraph>
    <paragraph num="(4)">
      <text>“Applicant” means an individual for whom assistance has been requested, or the individual's authorized representative.</text>
    </paragraph>
    <paragraph num="(5)">
      <text>“Authorized representative” means an adult nonhousehold member who has been designated in writing by the head of household, the spouse of the head of household, or other responsible member of the household to act on behalf of the household.</text>
    </paragraph>
    <paragraph num="(6)">
      <text>“Disabled” means an individual who:</text>
      <paragraph num="(a)">
        <text>Receives Supplemental Security Income benefits or other federal or State-administered payments when eligibility to receive the benefits is based upon the disability or blindness criteria of the Social Security Act;</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Is a veteran:</text>
        <paragraph num="(i)">
          <text>With a service-connected or non-service-connected disability pension rated or paid as total, or</text>
        </paragraph>
        <paragraph num="(ii)">
          <text>Whom the Veterans Administration considers to be in need of regular aid and attendance, or to be permanently housebound;</text>
        </paragraph>
      </paragraph>
      <paragraph num="(c)">
        <text>Is a surviving spouse of a veteran and considered by the Veterans Administration to be in need of aid and attendance, or to be permanently housebound;</text>
      </paragraph>
      <paragraph num="(d)">
        <text>Is a surviving child of a veteran and considered by the Veterans Administration to be permanently incapable of self-support;</text>
      </paragraph>
      <paragraph num="(e)">
        <text>Is a surviving spouse or child of a veteran and entitled to compensation for the veteran's service-connected death or pension benefits for a non-service-connected death when the spouse or child has a disability considered permanent;</text>
      </paragraph>
      <paragraph num="(f)">
        <text>Is receiving a disability retirement benefit from a government agency because of a disability considered permanent under the Social Security Act;</text>
      </paragraph>
      <paragraph num="(g)">
        <text>Is receiving a railroad retirement disability annuity which meets Social Security disability criteria and is determined by the Railroad Retirement Board to qualify for Medicare;</text>
      </paragraph>
      <paragraph num="(h)">
        <text>Is receiving interim assistance benefits pending receipt of Supplemental Security Income; or</text>
      </paragraph>
      <paragraph num="(i)">
        <text>Is receiving disability-related federal medical assistance.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(7)">
      <text>“Elderly” means an individual who is 60 years old or older.</text>
    </paragraph>
    <paragraph num="(8)">
      <text>“Electronic benefit transfer (EBT)” means an online computer-based system in which benefits are stored at a central computer database and benefit authorization is received through a point-of-sale terminal.</text>
    </paragraph>
    <paragraph num="(9)">
      <text>“Eligible food” means:</text>
      <paragraph num="(a)">
        <text>Any food or food product intended for human consumption except alcoholic beverages, tobacco, and hot foods and hot food products prepared for immediate consumption;</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Seeds and plants to grow foods for the personal consumption of eligible households;</text>
      </paragraph>
      <paragraph num="(c)">
        <text>Meals prepared and delivered by an authorized meal delivery service to households eligible to purchase delivered meals;</text>
      </paragraph>
      <paragraph num="(d)">
        <text>Meals served by an authorized communal dining facility for the elderly, or Supplemental Security Income households, to households eligible to use Program benefits for communal dining;</text>
      </paragraph>
      <paragraph num="(e)">
        <text>Meals prepared and served by:</text>
        <paragraph num="(i)">
          <text>A group living arrangement facility to eligible residents who are blind or disabled as defined in §B(6) of this regulation, or</text>
        </paragraph>
        <paragraph num="(ii)">
          <text>A shelter for battered women and children to its eligible residents;</text>
        </paragraph>
      </paragraph>
      <paragraph num="(f)">
        <text>Meals prepared for and served by an authorized public or private nonprofit establishment approved by the State or local agency that feeds individuals who are homeless; and</text>
      </paragraph>
      <paragraph num="(g)">
        <text>Meals prepared by a restaurant that contracts with the State to serve meals at low or reduced prices to homeless individuals.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(10)">
      <text>“Head of household” means a household member designated by the household or by the local department to act on behalf of the household.</text>
    </paragraph>
    <paragraph num="(11)">
      <text>“Homeless individual” means an individual:</text>
      <paragraph num="(a)">
        <text>Without a fixed and regular nighttime residence; or</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Whose primary nighttime residence is a:</text>
        <paragraph num="(i)">
          <text>Supervised shelter designed to provide temporary accommodations,</text>
        </paragraph>
        <paragraph num="(ii)">
          <text>Halfway house or similar institution,</text>
        </paragraph>
        <paragraph num="(iii)">
          <text>Temporary accommodation, not to exceed 90 days, in the residence of another individual, or</text>
        </paragraph>
        <paragraph num="(iv)">
          <text>Place not designed for or ordinarily used as a regular sleeping accommodation for human beings, such as a hallway, bus station, lobby, or similar place.</text>
        </paragraph>
      </paragraph>
    </paragraph>
    <paragraph num="(12)">
      <text>“Homeless meal provider” means a public or private nonprofit soup kitchen, temporary shelter, or similar establishment that feeds homeless individuals.</text>
    </paragraph>
    <paragraph num="(13)">
      <text>“Inadvertent household error (IHE)” means an error caused by a misunderstanding or unintended mistake on the part of the household, as determined by the local department.</text>
    </paragraph>
    <paragraph num="(14)">
      <text>“Initial month” means:</text>
      <paragraph num="(a)">
        <text>The first month for which an allotment is issued following any period during which the household was not certified for participation, provided the household does not have an application pending; or</text>
      </paragraph>
      <paragraph num="(b)">
        <text>In the case of a migrant or seasonal farm worker household, the first month for which an allotment is issued to a household that applies to participate following a period of more than 30 days in which the household was not certified for participation.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(15)">
      <text>“Intentional program violation (IPV)” means an intentional:</text>
      <paragraph num="(a)">
        <text>False or misleading statement, or misrepresentation, concealment, or withholding of facts; or</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Act that constitutes a violation of:</text>
        <paragraph num="(i)">
          <text>The Food and Nutrition Act of 2008;</text>
        </paragraph>
        <paragraph num="(ii)">
          <text>The Program regulations; or</text>
        </paragraph>
        <paragraph num="(iii)">
          <text>Any State statute or regulation relating to the use, presentation, transfer, acquisition, receipt, or possession of food stamp benefits or electronic benefits transfer (EBT) cards.</text>
        </paragraph>
      </paragraph>
    </paragraph>
    <paragraph num="(16)">
      <text>“Local department” means a department of social services in a county or Baltimore City and the Montgomery County Department of Health and Human Services.</text>
    </paragraph>
    <paragraph num="(17)">
      <text>“Local department area” means the jurisdiction served by the local department.</text>
    </paragraph>
    <paragraph num="(17-1)">
      <text>“Maryland Senior Nutrition Assistance Program (MSNAP)” means the combined application demonstration project approved by the United States Department of Agriculture Food and Nutrition Service.</text>
    </paragraph>
    <paragraph num="(18)">
      <text>“Meal services” means a nonprofit meal delivery service, such as Meals on Wheels, or a communal dining arrangement.</text>
    </paragraph>
    <paragraph num="(19)">
      <text>“Program” means:</text>
      <paragraph num="(a)">
        <text>Maryland's Food Supplement Program (FSP); or</text>
      </paragraph>
      <paragraph num="(b)">
        <text>The Federal Supplemental Nutrition Assistance Program (SNAP), formerly the Food Stamp Program.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(20)">
      <text>“Public assistance (PA)” means any of the following programs:</text>
      <paragraph num="(a)">
        <text>Temporary Cash Assistance (TCA) as described in COMAR 07.03.03;</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Temporary Disability Assistance Program (TDAP) as described in COMAR 07.03.05; or</text>
      </paragraph>
      <paragraph num="(c)">
        <text>Public Assistance to Adults (PAA) as described in COMAR 07.03.07.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(21)">
      <text>“Qualified alien” means an individual who is not a citizen of the United States who:</text>
      <paragraph num="(a)">
        <text>Is lawfully admitted for permanent residence under the Immigration and Nationality Act (INA);</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Is admitted to the United States as a refugee under §207 of the Immigration and Nationality Act;</text>
      </paragraph>
      <paragraph num="(c)">
        <text>Is granted asylum under §208 of the Immigration and Nationality Act;</text>
      </paragraph>
      <paragraph num="(d)">
        <text>Has had deportation or removal withheld under §243(h) or 241(b)(3) of the Immigration and Nationality Act;</text>
      </paragraph>
      <paragraph num="(e)">
        <text>Has been granted status as a Cuban or Haitian entrant as defined in §501(e) of the Refugee Education Assistance Act of 1980;</text>
      </paragraph>
      <paragraph num="(f)">
        <text>Is paroled into the United States under §212(d)(5) of the Immigration and Nationality Act for a period of at least 1 year;</text>
      </paragraph>
      <paragraph num="(g)">
        <text>Is granted conditional entry pursuant to §203(a)(7) of the Immigration and Nationality Act as in effect before April 1, 1980; or</text>
      </paragraph>
      <paragraph num="(h)">
        <text>Is a battered spouse, battered child, or parent or child of a battered individual.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(22)">
      <text>“Service Access and Information Link (SAIL)” means the Maryland web-based online application for Program benefits.</text>
    </paragraph>
    <paragraph num="(23)">
      <text>“Shelter for battered women and children” means a facility operated in Maryland as a safe accommodation for battered women and children.</text>
    </paragraph>
    <paragraph num="(24)">
      <text>“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.</text>
    </paragraph>
    <paragraph num="(25)">
      <text>“Spouse” refers to either of two individuals who:</text>
      <paragraph num="(a)">
        <text>Would be defined as married to each other under applicable State law; or</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Are living together and are holding themselves out to the community as husband and wife by representing themselves as husband and wife to relatives, friends, neighbors, or trades people.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(26)">
      <text>“Supplemental Security Income (SSI)” means a monthly cash payment by the Social Security Administration to an aged, blind, or disabled individual.</text>
    </paragraph>
    <paragraph num="(27)">
      <text>System Error.</text>
      <paragraph num="(a)">
        <text>“System error” means an error resulting from a malfunction at any point in the redemption process including:</text>
        <paragraph num="(i)">
          <text>From the system host computer,</text>
        </paragraph>
        <paragraph num="(ii)">
          <text>To the switch,</text>
        </paragraph>
        <paragraph num="(iii)">
          <text>To the third-party processors,</text>
        </paragraph>
        <paragraph num="(iv)">
          <text>To a store's host computer, or</text>
        </paragraph>
        <paragraph num="(v)">
          <text>Point of service (POS) terminal.</text>
        </paragraph>
      </paragraph>
      <paragraph num="(b)">
        <text>“System error” may not include human errors, such as those that may result in incorrect postings or incorrect entries at the POS.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(28)">
      <text>“Thrifty Food Plan” means the cost of the diet, as determined by the Department of Agriculture and adjusted for family size, required to feed a family of four individuals consisting of a:</text>
      <paragraph num="(a)">
        <text>Man and a woman, 20 through 50 years old;</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Child, 6 through 8 years old; and</text>
      </paragraph>
      <paragraph num="(c)">
        <text>Child, 9 through 11 years old.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(29)">
      <text>“Trafficking” means the:</text>
      <paragraph num="(a)">
        <text>Buying or selling of Program benefits for cash or consideration other than eligible food; or</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Exchange of firearms, ammunition, explosives, or controlled substances, as defined in 21 U.S.C. §802, for Program benefits.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(30)">
      <text>“United States non-citizen national” means an individual:</text>
      <paragraph num="(a)">
        <text>Born in an outlying possession of the United States on or after the date the United States acquired possession; or</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Whose parents are United States non-citizen nationals.</text>
      </paragraph>
    </paragraph>
  </paragraph>
</regulation>