Plain Text Law

Regulation .04 Ineligible Household Members.

Regulation .04 Ineligible Household Members.Copy Citation

A.
The local department:
(1)
May not include ineligible household members in the household:
(a)
When determining the household's size for assigning a benefit level to the household, or
(b)
For comparing the household's monthly income with the income eligibility standards; and
(2)
Shall treat the income and resources of an ineligible member in the manner described in Regulation .40 of this chapter.
B.
The following household members are ineligible:
(1)
An immigrant who is:
(a)
Illegally present in the United States,
(b)
On a student, tourist, or visitor visa,
(c)
A diplomat, or
(d)
Lawfully admitted for permanent residence but who does not satisfy the requirements of Regulation .09 of this chapter;
(2)
An individual who:
(a)
Fails to provide a Social Security number,
(b)
Is disqualified for intentional program violation as described in Regulation .56 of this chapter,
(c)
Fails to comply with a work requirement as described in Regulation .21 of this chapter, or
(d)
Flees to avoid prosecution, custody, or confinement after conviction for a crime, or attempt to commit a crime, that is a felony, for the period the individual is fleeing;
(3)
A student who does not meet the eligibility criteria set forth in Regulation .10 of this chapter;
(4)
An able-bodied adult without dependents who does not meet the work requirement as described in Regulation .23 of this chapter; or
(5)
Except as described in §C of this regulation, an individual who is convicted for an offense after August 22, 1996, which:
(a)
Is classified as a felony, and
(b)
Has an element of possession, use, or distribution of a controlled substance.
C.
An Individual with a Drug-Related Felony Offense.
(1)
An applicant for Program participation who is an individual convicted of a felony offense as described in §B(5) of this regulation may receive Program benefits if, for 2 years starting from the date of application, the individual submits to:
(a)
Testing for substance abuse as established by the Department; and
(b)
Treatment consistent with Article 88A, §50A, Annotated Code of Maryland.
(2)
If an individual is convicted of a violation of Criminal Law Article, §§5-602—5-609, Annotated Code of Maryland, or 21 U.S.C. §841 (the manufacture or distribution of a controlled dangerous substance or possession with intent to distribute a controlled dangerous substance) while receiving Program benefits, the individual is:
(a)
Ineligible for 1 year from the date of the conviction; and
(b)
Subject to testing and treatment for substance abuse for a period of 2 years starting from the later of the date when the individual:
(i)
Is released from incarceration,
(ii)
Completes any term of probation, or
(iii)
Completes any term of parole and mandatory supervision.