# COMAR Title 07 — Department of Human Services

## Subtitle 03 — Family Investment Administration

### Chapter 17 — Food Supplement Program

#### Regulation .04 Ineligible Household Members.

*COMAR 07.03.17.04*

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.