<?xml version='1.0' encoding='utf-8'?>
<regulation prefix="Regulation" num=".40" citation="COMAR 07.03.17.40" title_num="07" subtitle_num="03" chapter_num="17" heading="Income and Resources of an Ineligible Household Member.">
  <paragraph num="A.">
    <text>The local department shall count the countable income and resources of an individual who resides with the household but has been excluded from the household because the individual is:</text>
    <paragraph num="(1)">
      <text>An ineligible immigrant as described in Regulation .04B(1) of this chapter;</text>
    </paragraph>
    <paragraph num="(2)">
      <text>Without a Social Security number and has not applied for one as described in Regulation .11 of this chapter;</text>
    </paragraph>
    <paragraph num="(3)">
      <text>An able-bodied adult without dependents as described in Regulation .04B(4) of this chapter; or</text>
    </paragraph>
    <paragraph num="(4)">
      <text>Disqualified from the Program as described in Regulation .04B(2)(b)—(d) of this chapter after receiving notice.</text>
    </paragraph>
  </paragraph>
  <paragraph num="B.">
    <text>The local department shall count the entire amount of countable income and resources of the ineligible individual excluded from the household as described in §A(4) of this regulation when calculating the total countable income and resources for the household.</text>
  </paragraph>
  <paragraph num="C.">
    <text>Prorated Share.</text>
    <paragraph num="(1)">
      <text>The local department shall count the entire countable resources and the prorated share of the income of the ineligible individual in §A(1)—(3) of this regulation when calculating the total countable income and resources of the household.</text>
    </paragraph>
    <paragraph num="(2)">
      <text>The prorated share is calculated by subtracting the allowable exclusions and dividing the ineligible individual's remaining income evenly among household members, including the ineligible individual.</text>
    </paragraph>
    <paragraph num="(3)">
      <text>The prorated share is added to each member's countable income.</text>
    </paragraph>
    <paragraph num="(4)">
      <text>The prorated deduction is calculated as follows:</text>
      <paragraph num="(a)">
        <text>The 20 percent earned income deduction is applied to the prorated share of the excluded individual's earned income;</text>
      </paragraph>
      <paragraph num="(b)">
        <text>The share of the household's allowable shelter and dependent care expenses that are paid by or billed to the excluded individual is divided evenly among household members; and</text>
      </paragraph>
      <paragraph num="(c)">
        <text>The amount of each member's share is counted toward the shelter and dependent care expenses of the household.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(5)">
      <text>The local department may not count the ineligible individual when determining:</text>
      <paragraph num="(a)">
        <text>Household size for the benefit level;</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Household size for the income eligibility standard; or</text>
      </paragraph>
      <paragraph num="(c)">
        <text>Resource eligibility limit.</text>
      </paragraph>
    </paragraph>
  </paragraph>
  <paragraph num="D.">
    <text>Treatment of Income and Resources of Nonhousehold Members.</text>
    <paragraph num="(1)">
      <text>The local department may not count the income and resources of an individual who resides with the household as available to the household if the individual is:</text>
      <paragraph num="(a)">
        <text>An ineligible student as described in Regulation .10 of this chapter; or</text>
      </paragraph>
      <paragraph num="(b)">
        <text>A nonhousehold member as described in Regulation .03D of this chapter.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(2)">
      <text>Cash payments from the nonhousehold member to the household are considered income to the household.</text>
    </paragraph>
  </paragraph>
</regulation>