Chapter 17. Food Supplement Program

Full chapter: Markdown · XML

Regulation .01 Purpose.Link Copy Citation

The Food Supplement Program, formerly known as the Food Stamp Program, provides nutrition assistance to help eligible low-income households buy the food they need for good health.

Regulation .02 Definitions.Link Copy Citation

HTML · MD · XML

In this chapter, the following terms have the meanings indicated.

Terms Defined.

(1)

“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.

(2)

“Administrative error (AE)” means an error caused by the local department's action or failure to act.

(3)

“Allotment” means the total value of benefits a household is authorized to receive during each month or other time period.

(4)

“Applicant” means an individual for whom assistance has been requested, or the individual's authorized representative.

(5)

“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.

(6)

“Disabled” means an individual who:

(a)

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;

(b)

Is a veteran:

(i)

With a service-connected or non-service-connected disability pension rated or paid as total, or

(ii)

Whom the Veterans Administration considers to be in need of regular aid and attendance, or to be permanently housebound;

(c)

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;

(d)

Is a surviving child of a veteran and considered by the Veterans Administration to be permanently incapable of self-support;

(e)

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;

(f)

Is receiving a disability retirement benefit from a government agency because of a disability considered permanent under the Social Security Act;

(g)

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;

(h)

Is receiving interim assistance benefits pending receipt of Supplemental Security Income; or

(i)

Is receiving disability-related federal medical assistance.

(7)

“Elderly” means an individual who is 60 years old or older.

(8)

“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.

(9)

“Eligible food” means:

(a)

Any food or food product intended for human consumption except alcoholic beverages, tobacco, and hot foods and hot food products prepared for immediate consumption;

(b)

Seeds and plants to grow foods for the personal consumption of eligible households;

(c)

Meals prepared and delivered by an authorized meal delivery service to households eligible to purchase delivered meals;

(d)

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;

(e)

Meals prepared and served by:

(i)

A group living arrangement facility to eligible residents who are blind or disabled as defined in §B(6) of this regulation, or

(ii)

A shelter for battered women and children to its eligible residents;

(f)

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

(g)

Meals prepared by a restaurant that contracts with the State to serve meals at low or reduced prices to homeless individuals.

(10)

“Head of household” means a household member designated by the household or by the local department to act on behalf of the household.

(11)

“Homeless individual” means an individual:

(a)

Without a fixed and regular nighttime residence; or

(b)

Whose primary nighttime residence is a:

(i)

Supervised shelter designed to provide temporary accommodations,

(ii)

Halfway house or similar institution,

(iii)

Temporary accommodation, not to exceed 90 days, in the residence of another individual, or

(iv)

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.

(12)

“Homeless meal provider” means a public or private nonprofit soup kitchen, temporary shelter, or similar establishment that feeds homeless individuals.

(13)

“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.

(14)

“Initial month” means:

(a)

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

(b)

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.

(15)

“Intentional program violation (IPV)” means an intentional:

(a)

False or misleading statement, or misrepresentation, concealment, or withholding of facts; or

(b)

Act that constitutes a violation of:

(i)

The Food and Nutrition Act of 2008;

(ii)

The Program regulations; or

(iii)

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.

(16)

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

(17)

“Local department area” means the jurisdiction served by the local department.

(17-1)

“Maryland Senior Nutrition Assistance Program (MSNAP)” means the combined application demonstration project approved by the United States Department of Agriculture Food and Nutrition Service.

(18)

“Meal services” means a nonprofit meal delivery service, such as Meals on Wheels, or a communal dining arrangement.

(19)

“Program” means:

(a)

Maryland's Food Supplement Program (FSP); or

(b)

The Federal Supplemental Nutrition Assistance Program (SNAP), formerly the Food Stamp Program.

(20)

“Public assistance (PA)” means any of the following programs:

(a)

Temporary Cash Assistance (TCA) as described in COMAR 07.03.03;

(b)

Temporary Disability Assistance Program (TDAP) as described in COMAR 07.03.05; or

(c)

Public Assistance to Adults (PAA) as described in COMAR 07.03.07.

(21)

“Qualified alien” means an individual who is not a citizen of the United States who:

(a)

Is lawfully admitted for permanent residence under the Immigration and Nationality Act (INA);

(b)

Is admitted to the United States as a refugee under §207 of the Immigration and Nationality Act;

(c)

Is granted asylum under §208 of the Immigration and Nationality Act;

(d)

Has had deportation or removal withheld under §243(h) or 241(b)(3) of the Immigration and Nationality Act;

(e)

Has been granted status as a Cuban or Haitian entrant as defined in §501(e) of the Refugee Education Assistance Act of 1980;

(f)

Is paroled into the United States under §212(d)(5) of the Immigration and Nationality Act for a period of at least 1 year;

(g)

Is granted conditional entry pursuant to §203(a)(7) of the Immigration and Nationality Act as in effect before April 1, 1980; or

(h)

Is a battered spouse, battered child, or parent or child of a battered individual.

(22)

“Service Access and Information Link (SAIL)” means the Maryland web-based online application for Program benefits.

(23)

“Shelter for battered women and children” means a facility operated in Maryland as a safe accommodation for battered women and children.

(24)

“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.

(25)

“Spouse” refers to either of two individuals who:

(a)

Would be defined as married to each other under applicable State law; or

(b)

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.

(26)

“Supplemental Security Income (SSI)” means a monthly cash payment by the Social Security Administration to an aged, blind, or disabled individual.

(27)

System Error.

(a)

“System error” means an error resulting from a malfunction at any point in the redemption process including:

(i)

From the system host computer,

(ii)

To the switch,

(iii)

To the third-party processors,

(iv)

To a store's host computer, or

(v)

Point of service (POS) terminal.

(b)

“System error” may not include human errors, such as those that may result in incorrect postings or incorrect entries at the POS.

(28)

“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:

(a)

Man and a woman, 20 through 50 years old;

(b)

Child, 6 through 8 years old; and

(c)

Child, 9 through 11 years old.

(29)

“Trafficking” means the:

(a)

Buying or selling of Program benefits for cash or consideration other than eligible food; or

(b)

Exchange of firearms, ammunition, explosives, or controlled substances, as defined in 21 U.S.C. §802, for Program benefits.

(30)

“United States non-citizen national” means an individual:

(a)

Born in an outlying possession of the United States on or after the date the United States acquired possession; or

(b)

Whose parents are United States non-citizen nationals.

Regulation .03 Household Composition.Link Copy Citation

HTML · MD · XML

Household Definition. A household may be composed of any of the following individuals or groups of individuals:

(1)

An individual living alone;

(2)

An individual living with others, but customarily purchasing food and preparing meals for home consumption separate and apart from others;

(3)

A group of individuals who live together and customarily purchase food and prepare meals together for home consumption;

(4)

An individual who is 60 years old or older, and the spouse of that individual, who:

(a)

Is living with others;

(b)

Is unable to purchase and prepare meals because the individual suffers from a:

(i)

Disability considered permanent under the Social Security Act, or

(ii)

Non-disease-related, severe, permanent disability; and

(c)

Resides with others whose income included under Regulation .30 of this chapter, excluding the income of the disabled individual's spouse, does not exceed 165 percent of the poverty line according to household size as shown in Schedule C of Regulation .45 of this chapter.

Individuals or groups of individuals may not participate as a household in the Program if they are:

(1)

Residents of an institution, except as otherwise specified in Regulation .06 of this chapter;

(2)

Residents of a commercial boarding house;

(3)

Living with others and paying them compensation for meals and lodging except as specified in Regulation .05 of this chapter;

(4)

Ineligible household members as described in Regulation .04 of this chapter; or

(5)

Strikers as described in Regulation .07 of this chapter.

Special Definition. Nonhousehold member status as described in §D of this regulation, or separate household status, may not be granted to:

(1)

Parents living with their natural or adopted children, or stepchildren, or children living with these parents, if the children are 21 years old or younger;

(2)

A minor child, except for a foster child, who is younger than 18 years old, under the parental control of an adult member of the household; or

(3)

A spouse of a member of the household as defined in Regulation .02B of this chapter.

Nonhousehold Members.

(1)

Nonhousehold members who are otherwise eligible may participate in the Program as separate households.

(2)

The local department may not consider the following individuals residing with a household as household members in determining the household's eligibility or allotment:

(a)

A roomer who is an individual to whom a household furnishes lodging, but not meals, for financial compensation;

(b)

A live-in attendant who is an individual who resides with a household to provide medical, housekeeping, child care, or other similar personal services; or

(c)

Other individuals who share living quarters with the household but who do not customarily purchase food and prepare meals with the household.

Regulation .04 Ineligible Household Members.Link Copy Citation

HTML · MD · XML

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.

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.

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.

Regulation .05 Boarders.Link Copy Citation

HTML · MD · XML

An individual required to be included in the household as described in Regulation .03C of this chapter is not considered a boarder.

A boarder is an individual residing with others and paying them reasonable compensation for lodging and meals.

Reasonable Compensation for Meals.

(1)

To determine if an individual is paying reasonable compensation for meals in making a determination of boarder status, the boarder's monthly payment for meals shall be either of the following:

(a)

For more than two meals a day, an amount which equals or exceeds the Thrifty Food Plan shown in Schedule D of Regulation .45 of this chapter, for the appropriate size of the boarder household; or

(b)

For two meals or less per day, an amount that equals or exceeds 2/3 of the Thrifty Food Plan for the appropriate size of the boarder household.

(2)

The amount of the payment that a boarder gives to a household shall be treated as self- employment income to the household.

A foster care individual is considered a boarder.

A boarder is ineligible to participate in the Program as a separate household.

A Boarder As a Participating Household Member.

(1)

An individual who is furnished meals but pays compensation of less than a reasonable amount to the household for the meals is considered a member of the household providing the meals.

(2)

The household that includes a boarder may participate in the Program if the household meets all the eligibility requirements for Program participation.

(3)

A boarder may participate as a member of the household if the boarder receives food stamp services at the household's request.

The local department may not consider as available to the household any of the income or resources of individuals:

(1)

Determined to be boarders; and

(2)

Who are not members of the household providing the boarder with meals as described in §E of this regulation.

Regulation .06 Residents of Institutions.Link Copy Citation

HTML · MD · XML

A resident of an institution may not participate in the Program, except for:

(1)

A resident of federally subsidized housing for the elderly;

(2)

A drug addict or alcoholic regularly participating in a drug or alcohol treatment and rehabilitation program as described in §D of this regulation;

(3)

An individual who is blind or disabled, as defined in Regulation .02B of this chapter, and who is in a group living arrangement as described in §C of this regulation;

(4)

An individual in a shelter for battered women and children operated by a nonprofit public or private agency as described in §E of this regulation; or

(5)

A resident of a public or private nonprofit shelter for the homeless as described in §F of this regulation.

An individual is considered a resident of an institution when the institution:

(1)

Provides over 50 percent of three meals daily as part of the institution's normal services; and

(2)

Has not been authorized to accept Program benefits.

Residents of Group Living Arrangements.

(1)

A group living arrangement is a public or private nonprofit residential setting that:

(a)

Serves no more than 16 residents; and

(b)

Is certified by the Department or the Maryland Department of Health under §1616(e) of the Social Security Act or comparable standards.

(2)

A resident who is blind or disabled as defined in Regulation .02B of this chapter is eligible for Program benefits.

(3)

Residents may apply for Program benefits:

(a)

On their own; or

(b)

Through an authorized representative.

Residents of Drug and Alcoholic Treatment Centers.

(1)

Drug addicts or alcoholics, and their children, who regularly participate in a residential publicly operated or private nonprofit drug or alcoholic treatment program may apply to participate in the Program.

(2)

The local department shall certify residents of drug and alcoholic treatment centers through an authorized representative who is an employee of the center.

Shelters for Battered Women and Children.

(1)

A shelter resident who left a certified household containing the abuser may apply for and be certified for the Program as a separate household.

(2)

A local department shall:

(a)

Certify shelter residents who apply as separate households on the basis of the resident's income, resources, and the expenses for which the resident is responsible without regard to the income and resources of the former household; and

(b)

Consider jointly held resources as inaccessible.

Residents of Public or Private Nonprofit Shelters for the Homeless.

(1)

An individual who resides in a shelter for the homeless is entitled to apply for and, if eligible, receive Program benefits.

(2)

The homeless shelter may not require a resident of the homeless shelter to surrender Program benefits to the shelter.

(3)

The use of Program benefits to purchase prepared meals from public or private nonprofit homeless meal providers shall be voluntary.

Regulation .07 Work Striker.Link Copy Citation

HTML · MD · XML

A striker is an individual who participates in a strike or a concerted stoppage of work or interruption of operations by employees.

If a household member is a striker, the household is ineligible for benefits unless the household was eligible for benefits:

(1)

On the day before the strike; and

(2)

At the time of application.

For purposes of the Program, an individual is not a striker if the:

(1)

Individual is exempt from work registration requirements of the Program for an exemption other than employment;

(2)

Employer closed the individual's work place to resist demands of employees;

(3)

Individual, who is not on strike, is unable to work as a result of striking employees; or

(4)

Individual is an employee who:

(a)

Is not a part of the bargaining unit on strike, and

(b)

Does not want to cross the picket line due to fear of personal injury.

If the household was eligible the day before the strike began and was otherwise eligible at the time of application, it cannot receive an increased allotment due to decreased income as a result of the strike.

Regulation .08 Residency.Link Copy Citation

HTML · MD · XML

The household shall provide:

(1)

The address of the household's dwelling; and

(2)

Verification that the household resides in the political subdivision served by the local department where the household is applying.

A homeless applicant who is present in the local department area is a resident of that area for Program purposes.

An individual may not participate in more than one household or local department area in any given month unless the individual:

(1)

Is a resident of a shelter for battered women and children as described in Regulation .06E of this chapter; and

(2)

Was a member of the same household as the individual who had committed the abuse.

Regulation .09 Citizenship and Immigrant Status.Link Copy Citation

HTML · MD · XML

An individual may not participate in the Program unless the individual is:

(1)

A United States citizen;

(2)

A United States non-citizen national as defined in Regulation .02B of this chapter;

(3)

A Native American born in Canada who possesses at least 50 percent of blood of the Native American race to whom the provisions of Immigration and Nationality Act §289 apply as defined in 8 U.S.C. §1359 or a member of an Indian tribe as defined in 25 U.S.C. §450(e);

(4)

Lawfully residing in the United States, and:

(a)

Was a member of a Hmong or Highland Lao tribe at the time the tribe assisted the U.S. armed forces during the Vietnam War;

(b)

Is the spouse or surviving spouse of an individual described in §A(4)(a) of this regulation; or

(c)

Is an unmarried biological or legally adopted dependent child of an individual described in §A(4)(a) of this regulation if the child is:

(i)

17 years old or younger,

(ii)

21 years old or younger and a full time student, or

(iii)

Disabled and 18 years old or older if the child was disabled and dependent on the individual described in §A(4)(a) of this regulation when the child was younger than 18 years old; or

(5)

Both a qualified alien as defined in Regulation .02B of this chapter and an eligible immigrant as described in §§B—F of this regulation.

Time Limited Eligibility. An immigrant is an eligible immigrant if the individual has:

(1)

Been admitted to the United States as a refugee under §207 of the Immigration and Nationality Act;

(2)

Been granted asylum under §208 of the Immigration and Nationality Act;

(3)

Had the immigrant's deportation or removal withheld under §243(h) or §241(b)(3) of the Immigration and Nationality Act;

(4)

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

(5)

Been admitted to the United States as an Amerasian immigrant under 8 U.S.C. §1612(a)(2)(A); or

(6)

Been 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.

Work Quarters. An immigrant who is lawfully admitted to the United States for permanent residence under the Immigration and Nationality Act is eligible if the individual:

(1)

Has worked 40 qualifying quarters of coverage as defined under Title II of the Social Security Act; or

(2)

Can be credited with the qualifying quarters.

Military Connection. An immigrant who is a qualified alien is eligible if the individual is:

(1)

An honorably discharged veteran of the U.S. armed forces who fulfills the minimum active duty service requirements of 38 U.S.C. §5303A(d), including an individual who died in active military, naval, or air service;

(2)

On active military duty, other than active duty for training in the U.S. armed forces;

(3)

The spouse or unmarried dependent child of an individual described in §D(1) or (2) of this regulation if the:

(a)

Marriage fulfilled the requirements of 38 U.S.C. §1304; and

(b)

Spouse has not remarried; or

(4)

An unmarried biological or legally adopted dependent child of an individual described in §D(1) or (2) of this regulation if the child is:

(a)

17 years old or younger,

(b)

21 years old or younger and a full time student, or

(c)

Disabled and 18 years old or older if the child was disabled and dependent on the individual described in §D(1) or (2) of this regulation when the child was younger than 18 years old.

An immigrant who is a qualified alien and who was lawfully residing in the U.S. on August 22, 1996, is eligible if the individual was born on or before August 22, 1931.

An immigrant who is a qualified alien as defined in Regulation .02B of this chapter is eligible if the individual:

(1)

Is disabled as described in Regulation .02B of this chapter;

(2)

Has resided in the United States as a qualified alien for 5 years or more, beginning on the date of the immigrant's entry into the United States; or

(3)

Is a child younger than 18 years old.

While waiting for acceptable verification, an immigrant is ineligible until the household provides acceptable proof, except if the:

(1)

Local department has sent a copy of a document furnished by the household to INS for verification;

(2)

Applicant or local department has sent a request to the Social Security Administration (SSA) for information about the number of quarters of work as described in §C of this regulation, SSA has responded that the individual has fewer than 40 quarters, and the individual provides documentation from SSA that SSA is investigating to see if SSA can credit more work quarters; or

(3)

Applicant or local department has submitted a request to a federal agency for proof of information that has a bearing on the individual's immigrant status.

Regulation .09-1 Immigrant Sponsored under an Affidavit of Support.Link Copy Citation

HTML · MD · XML

When an immigrant is sponsored under an affidavit of support Form I-864 or I-864A in accordance with Immigration and Nationality Act §213A, the local department shall consider available to the household the monthly income of the sponsor and the sponsor's spouse, if the sponsor's spouse has executed Form I-864 or I-864A in the following manner:

(1)

Income considered to be that of the sponsored immigrant is the total monthly earned and unearned income, as described in Regulation .30B and C of this chapter, at the time the household containing the sponsored immigrant member applies for or is recertified for Program participation, reduced by:

(a)

A 20 percent earned income amount for that portion of the income determined as earned income of the sponsor and the sponsor's spouse; and

(b)

An amount equal to the Program's monthly gross income eligibility limit, as described in Schedule A in Regulation .45 of this chapter, for a household equal in size to the sponsor, the sponsor's spouse, and any other individual who is claimed or could be claimed by the sponsor or the sponsor's spouse as a dependent for federal income tax purposes.

(2)

If the immigrant has already reported gross income information on the sponsor due to another State agency's sponsored immigrant rules, that income amount may be used for Program deeming purposes.

The local department shall consider as income actual money paid to the immigrant by the sponsor and the sponsor's spouse to the extent that this amount exceeds the amount attributed to the immigrant under §A(1) of this regulation.

Countable Resources.

(1)

The local department shall count the total amount of resources of the sponsor and sponsor's spouse to be that of the immigrant in accordance with Regulation .26 of this chapter, reduced by $1,500.

(2)

If the immigrant has already reported total resource information of the sponsor due to TCA's sponsored immigrant rules, the resource amount calculated by TCA as the amount to be attributed to the alien may be used for Program deeming purposes.

If a sponsored immigrant can demonstrate that the immigrant's sponsor sponsors other immigrants, then the income and resources as described in §§A—C of this regulation shall be divided by the number of those immigrants.

Exempt Immigrants. The provisions of §§A—C of this regulation do not apply to an immigrant who:

(1)

Is participating in the Program as a member of a sponsor's household;

(2)

Is sponsored by an organization or group instead of an individual;

(3)

Is not required to have a sponsor under the Immigration and Nationality Act, such as, but not limited to being:

(a)

A refugee;

(b)

A parolee;

(c)

An individual granted asylum; or

(d)

A Cuban or Haitian entrant;

(4)

Is a battered spouse or child, with the exemption lasting 12 months, if:

(a)

The individual has been battered or subjected to extreme cruelty in the United States by the individual's spouse or parents or by another family member residing in the household who was allowed to commit the act;

(b)

The battery or cruelty has a substantial connection to the need for benefits; and

(c)

The spouse or child subjected to the cruelty is not living with the individual who committed the acts; or

(5)

Would be without food or shelter because the sum of the eligible sponsored immigrant's household's own income, the cash contribution of the sponsor and others, and the value of any in-kind assistance the sponsor and others provide does not exceed the gross income amount shown in Schedule A in Regulation .45 of this chapter for the household size.

Sponsored Immigrant Responsibility. During the period the immigrant is subject to §§A—C of this regulation, the immigrant is responsible for:

(1)

Obtaining the cooperation of the immigrant's sponsor for providing the local department, at the time of application and at the time of recertification, with the information and documentation necessary to calculate countable income and resources in accordance with §§A—C of this regulation; and

(2)

Providing the names, or other identifying factors, of other immigrants for whom the immigrant's sponsor has signed an affidavit of support.

Awaiting Verification.

(1)

Until a sponsored immigrant provides information or verification necessary to calculate income and resources as described in §§A—C of this regulation:

(a)

The sponsored immigrant is ineligible; and

(b)

The local department:

(i)

Shall determine the eligibility and benefit level of any remaining household members;

(ii)

Shall consider available to the remaining household members the income and resources of the sponsored immigrant; and

(iii)

May not include the deemed income and resources of the immigrant's sponsor or the sponsor's spouse.

(2)

If the sponsored immigrant refuses to cooperate in providing information or verification of income and resources as described in §§A—C of this regulation, the other adult members of the immigrant's household shall provide the information or verification.

The sponsor's support obligation terminates when the:

(1)

Sponsored immigrant becomes a citizen of the United States;

(2)

Sponsored immigrant has worked, or can be credited with 40 qualifying quarters of work, except that the sponsored immigrant is not credited with any quarter beginning after December 31, 1996, during which the immigrant receives a federal means-tested benefit;

(3)

Sponsored immigrant ceases to hold the status of an alien lawfully admitted for permanent status and has departed the United States;

(4)

Regulation .10 Students.Link Copy Citation

HTML · MD · XML

Except as specified in §D of this regulation, a student is ineligible to participate in the Program.

A student is an individual who is:

(1)

18 years old or older but younger than 50 years old;

(2)

Physically and mentally fit; and

(3)

Enrolled at least half time in an institution of higher education.

An individual is not considered a student for purposes of the Program if the individual:

(1)

Does not meet the criteria described in §B of this regulation; or

(2)

Is participating in on-the-job training programs.

A student may be eligible to participate in the Program if the student meets at least one of the following requirements:

(1)

Is employed and paid for a minimum of 20 hours per week or, if self-employed, is employed for a minimum of 20 hours per week, and receives weekly earnings at least equal to the federal minimum hourly wage as published by the United States Department of Labor, multiplied by 20 hours;

(2)

Participates in a State or federally financed work study program during the regular school year;

(3)

Is responsible for the care of a dependent household member younger than 6 years old;

(4)

Is responsible for the care of a dependent household member who is 6 years old or older but is younger than 12 years old, if the local department has determined that adequate child care is not available;

(5)

Is receiving benefits from the Temporary Cash Assistance Program;

(6)

Participates in a program at an institution of higher education under:

(a)

The Workforce Investment Act of 1998,

(b)

The Food Stamp Employment and Training Program, or

(c)

Another employment or training program operated by the State or a local government if the program is equivalent to an acceptable Food Stamp Employment and Training Program; or

(7)

Is a single parent enrolled full-time in an institution of higher education and responsible for the care of a dependent child younger than 12 years old or, if the parent is not in the household, is a single individual enrolled full time who has parental control over the child.

Work Study Requirement.

(1)

A student meets the work study requirement as described in §D(2) of this regulation if:

(a)

The student is approved for the work study program at the time of application for food stamps;

(b)

The work study program is approved for the school term; and

(c)

The student anticipates working during the school term.

(2)

When a student meets the work study requirement, the exemption begins the month in which the school term begins or the month in which the work study is approved, whichever is later.

(3)

Once the exemption begins, the exemption continues until:

(a)

The end of the month in which the school term ends; or

(b)

It becomes known that the student has refused an assignment.

(4)

Unless the student is participating in the work study program during the break, the exemption may not continue between school terms when there is a break of a full month or longer.

The enrollment status of a student begins on the first day of the school term of the institution of higher education and continues through normal periods of class attendance, vacation, and recess, unless the student:

(1)

Graduates;

(2)

Is suspended or expelled;

(3)

Drops out; or

(4)

Does not intend to register for the next normal school term.

The local department may not consider the income and resources of an ineligible student living with a household in determining eligibility or level of benefits of the household.

Regulation .11 Social Security Number.Link Copy Citation

HTML · MD · XML

To be eligible for the Program the household shall:

(1)

Provide a Social Security number for each member; or

(2)

Show documentary evidence that each member has applied for a number.

The local department shall verify the number through the Social Security Administration.

Social Security Number for a Newborn.

(1)

If the household cannot provide or apply for a Social Security number for a newborn immediately after the baby's birth, the household shall provide a Social Security number or proof of application the later of:

(a)

The next recertification; or

(b)

Within 6 months following the month in which the child is born.

(2)

The local department shall determine if good cause exists if the household cannot provide the baby's Social Security number at its next recertification or within 6 months following the baby's birth.

(3)

When a household is entitled to expedited service, a newborn may participate for up to 6 months following the month of its birth before the household provides the baby's Social Security number or proof of application for its Social Security number.

Regulation .12 Categorical Eligibility.Link Copy Citation

HTML · MD · XML

A household is categorically eligible for Program benefits if all members of the household are receiving or are authorized to receive:

(1)

Cash benefits funded in full or in part with federal money under Title IV-A or with State money counted for maintenance of effort purposes under Title IV-A;

(2)

Non-cash or in-kind service programs funded in full or in part with federal money under Title IV-A or with State money counted for maintenance of effort purposes under Title IV-A that are designed to further purposes one and two of the Temporary Assistance to Needy Families block grant, as set forth in Public Law 104-193 §401;

(3)

Temporary Disability Assistance Program (TDAP);

(4)

Public Assistance to Adults (PAA); or

(5)

SSI benefits.

Categorical eligibility means that the local department shall accept without the verification required in Regulation .20 of this chapter, the following food stamp eligibility factors:

(1)

Resource and gross and net income limits;

(2)

Social Security number;

(3)

Regulation .13 Head of Household.Link Copy Citation

HTML · MD · XML

The local department:

May not impose special requirements on the household, such as requiring that the head of household rather than another responsible member of the household appear at the local department; and

May designate the head of household if the household does not choose to do so.

Regulation .14 Filing an Application for the Program.Link Copy Citation

HTML · MD · XML

The household:

(1)

Shall file a Program application by submitting the form to the local department either in person, through an authorized representative, by fax, by mail, through SAIL, or by completing an on-line electronic application in the local department; and

(2)

Has the right to file an application form, during office hours, on the same day it contacts the local department.

The local department shall allow an eligible household that completes the initial application process to participate as soon as possible but not later than 30 calendar days following the date that the application was filed.

A household in which all members are recipients of SSI may apply for Program benefits at a Social Security office, if the household:

(1)

Has not applied for the Program in the preceding 30 days; and

(2)

Does not have an application pending at a local department.

The request for an application may be made:

(1)

In person;

(2)

By telephone;

(3)

By mail; or

(4)

By an authorized representative.

Responsibilities of the Applicant. The applicant shall:

(1)

Complete the application form as described in this regulation;

(2)

Have an interview with a local department representative as described in Regulation .15 of this chapter;

(3)

Provide the required verification as described in Regulation .20 of this chapter; and

(4)

Complete any required work registration as described in Regulation .21 of this chapter.

A completed application includes:

(1)

Required verifications;

(2)

Required work registrations; and

(3)

The completed and signed application form.

Responsibilities of the Local Department. The local department shall:

(1)

Furnish the application form to the applicant on the same day, directly or by mail, when the request is made by telephone or mail;

(2)

Advise the applicant that the:

(a)

Applicant does not have to be interviewed before filing the application, and

(b)

Application form is counted as filed when the form contains the applicant's name and address, and is signed by a responsible member of the household or the household's authorized representative;

(3)

Receive the application, date it, and determine if it is complete;

(4)

Screen applications to determine if an applicant needs expedited service as described in Regulation .19 of this chapter;

(5)

Arrange the appointment for any required face-to-face interview; and

(6)

Provide a list of required verifications and assist the household in obtaining the necessary verifications.

When the entire household is also applying for public assistance, the local department shall:

(1)

Conduct a single interview at application and recertification, whenever possible; and

(2)

Apply the time limits and Program requirements to the FSP part of the application.

The date the application form is received at the local department is the filing date, except that for a household in which all members are recipients of SSI, the application shall be considered filed when the Social Security office receives the application form.

An SSI household that has applied for food stamp benefits at the Social Security office may not be:

(1)

Required to see a local department eligibility worker;

(2)

Interviewed by the local department;

(3)

Contacted by the local department for certification information unless:

(a)

The application is improperly completed,

(b)

Mandatory verification is missing, or

(c)

The local department determines that certain information on the application is questionable; or

(4)

Required to appear at the local department before the eligibility determination can be made.

Withdrawing an Application for the Program. The household may withdraw the application at any time before the eligibility determination without prejudice to any subsequent application.

Regulation .15 Interview.Link Copy Citation

HTML · MD · XML

The interview may take place:

(1)

When the applicant comes to the local department to request benefits;

(2)

When the local department representative visits the applicant’s residence if §C of this regulation applies;

(3)

When the local department representative meets with the applicant on a date scheduled after the request was received; or

(4)

By telephone.

If the applicant fails to keep the appointment for a face-to-face interview or scheduled telephone interview, the applicant is responsible for scheduling another appointment. If the applicant:

(1)

Requests a second appointment and is determined eligible, the local department shall issue benefits from the date of application; or

(2)

Does not request a second appointment, the local department may deny the application on the 30th day after application.

B-1.

Scheduling an Interview at Application. The local department shall:

(1)

Schedule an interview for all applicant households who are not interviewed on the day the household submits an application; and

(2)

Notify each household that misses its interview that the household:

(a)

Missed the scheduled interview; and

(b)

Is responsible for rescheduling the interview.

The local department shall notify the applicant that the local department shall waive the office interview in favor of a telephone interview or a scheduled home visit on a case-by-case basis for hardship situations, which include but are not limited to:

(1)

Transportation difficulties;

(2)

Illness;

(3)

Care of a household member;

(4)

Prolonged severe weather;

(5)

Hardship due to residency in a rural area; or

(6)

Work or training hours that prevent an in-office interview.

The local department may waive the face-to-face interview in favor of a telephone interview for all households

Interviews may take place by telephone, at the local department, the household’s residence, or other mutually acceptable location.

If the interview takes place at the household's residence, the local department shall schedule the interview in advance with the household.

Regulation .16 Notices to Applicants.Link Copy Citation

HTML · MD · XML

The local department shall provide applicants with one of the following written notices as soon as a determination is made, but not later than 30 days after the filing date:

A notice of eligibility which shall include:

(1)

The benefit level and the certification period,

(2)

Any variation in the benefit level based on anticipated changes,

(3)

The right to and method for obtaining a fair hearing,

(4)

The telephone number and the name of an individual in the local department to call for information or clarification, and

(5)

The availability of any legal services;

A notice of denial which shall include the:

(1)

Reason for the decision, and

(2)

Information listed in §A(3)—(5) of this regulation; or

A notice of pending status in accordance with Regulation .18A of this chapter.

Regulation .17 Household Cooperation.Link Copy Citation

HTML · MD · XML

Refusal to Cooperate.

(1)

The local department shall deny the application for refusal to cooperate if the household refuses to cooperate with the local department in completing the process described in Regulation .14 of this chapter.

(2)

To make a determination of refusal to cooperate, the local department shall determine that the household was able to cooperate but demonstrated that it would not take actions that were required to complete the application process.

(3)

If there is a question as to whether the household has only failed to cooperate, as opposed to refused to cooperate, the local department may not deny the household on the grounds of refusal.

(4)

The local department shall find the household ineligible if it refuses to cooperate in subsequent reviews of its eligibility, including reviews generated by reported changes and applications for recertification.

(5)

Once denied or terminated for refusal to cooperate, the household may reapply but may not be determined eligible until it cooperates with the local department.

Quality Control Review.

(1)

The local department shall find the household ineligible if it refuses to cooperate in any review of its eligibility as a part of a quality control review.

(2)

If a household is terminated for refusal to cooperate with a quality control review, the household may reapply but may not be determined eligible until it cooperates with the quality control review.

Regulation .18 Delays in the Application Process.Link Copy Citation

HTML · MD · XML

Notice of Pending Status.

(1)

The local department shall send a notice of pending status to the applicant if the:

(a)

Application is not complete; or

(b)

Local department does not make a decision on eligibility within 30 days after filing.

(2)

If the local department caused the delay, the notice shall include the:

(a)

Reason for the delay; and

(b)

Any action that the household or the local department must take.

(3)

If the household does not complete the application before the end of the 30-day period, the notice shall include:

(a)

The action the household is required to take; and

(b)

A warning that the local department shall deny the application if it is not completed within 60 days of its filing date.

(4)

If the local department failed to schedule the first interview within 30 days of the filing date, the notice shall include:

(a)

The date of the appointment;

(b)

A list of any verification needed; and

(c)

A warning that, if the application is incomplete at the end of the 60-day period after the filing date because of any failure of the household, the local department shall deny the application.

Delay Caused by the Local Department.

(1)

If the local department caused a delay in the application process, the local department shall:

(a)

Continue to process the application; and

(b)

Calculate the benefit from the filing date as described in Regulation .14I of this chapter.

(2)

Local department caused delays include, but are not limited to, the local department's failure to:

(a)

Offer or provide assistance to the household to complete the application form;

(b)

Notify the household with a statement of required verification or to allow the household 10 days after the local department's request for verification;

(c)

Explore and attempt to resolve with the household, unclear or incomplete information;

(d)

Notify the household that it could reschedule a missed interview; or

(e)

Notify the household that:

(i)

Certain members are required to register for work, or

(ii)

The household is allowed 10 days after the notification to register the members.

Delay Caused by the Household.

(1)

If the application is completed after the 30th day and before the 60th day due to a delay caused by the household, the benefit calculation is from the date the household takes the required action.

(2)

Household caused delays include, but are not limited to, the household's failure to:

(a)

Cooperate with the local department in resolving unclear or incomplete information provided at the interview;

(b)

(c)

Provide missing verification; or

(d)

Reschedule a missed appointment.

Regulation .19 Expedited Service.Link Copy Citation

HTML · MD · XML

A household shall have expedited service if:

(1)

The household has less than $100 in liquid resources and less than $150 in gross monthly income;

(2)

The household's combined monthly gross income and liquid resources are less than the household's monthly rent or mortgage and utilities; or

(3)

A migrant or seasonal farm worker household has less than $100 in liquid resources and is determined by the local department to be destitute as described in §B of this regulation.

Destitute Migrant Households.

(1)

To be destitute for Program purposes means the migrant household's only income for the month of application:

(a)

Was received before the date of application and was from a terminated source; or

(b)

Is from a new source and the household does not expect to receive income of more than $25 from the new source by the 10th calendar day after the date of application.

(2)

The eligibility and benefit level for a destitute household is calculated for the month of application considering only income received between the first of the month and the date of application.

(3)

Any income from a new source that is anticipated after the date of application is disregarded.

Time Limits for Expedited Service.

(1)

The local department shall make Program benefits for a 1 month's allotment available to a household described in §A of this regulation by the close of business on the 7th calendar day after the filing date, including weekends or holidays.

(2)

Out-of-Office Interviews.

(a)

If the local department has waived the office interview for a household entitled to expedited service, the local department shall complete the process within the expedited service time limit.

(b)

The local department may not include in the 7-day processing standard the days that the application is in the mail and in the possession of the household.

(3)

Late Determination of Expedited Eligibility. If the local department discovers a household's entitlement to expedited service after the screening process required in Regulation .14G(4) of this chapter, the local department shall make benefits available within the time frame described in §C(1) of this regulation beginning with the date of discovery.

Special Procedures for Expedited Service. To expedite the certification process, the local department:

(1)

Shall verify the applicant's identity through:

(a)

Readily available documentary evidence, or

(b)

Collateral contact;

(2)

Shall make all reasonable efforts to complete required verification as described in Regulation .20C(2)—(12) of this chapter;

(3)

May not delay benefits beyond the expedited time frame solely because the eligibility factors as described in §D(2) of this regulation have not been verified; and

(4)

Shall assign a normal certification period to households that are certified on an expedited basis and have provided all necessary verification.

Postponed Verification.

(1)

If a household applies on or before the 15th of the month and verification is postponed:

(a)

The local department may:

(i)

Certify the household for the month of application only; or

(ii)

Assign a normal certification period; and

(b)

Benefits may not be continued beyond the month of application if verification continues to be postponed.

(2)

If a household applies on or after the 16th of the month and verification is postponed:

(a)

The local department may:

(i)

Certify the household for the month of application and the following month; or

(ii)

Assign a normal certification period; and

(b)

Benefits may not be continued beyond the month following the month of application if verification continues to be postponed.

(3)

The local department shall notify the household in writing that no further benefits may be issued until the postponed verification is complete.

Number of Expedited Service Certifications. There is no limit to the number of times a household can be certified under expedited procedures, if before each expedited certification the household either:

(1)

Completes the verification requirements that were postponed at the last expedited certification; or

(2)

Was certified under normal processing standards since the last expedited certification.

Regulation .20 Verification.Link Copy Citation

HTML · MD · XML

Verification is the use of third-party information or documentation to establish the accuracy of statements on the application.

The local department shall assist the household to obtain the necessary verification.

At initial application, and before certification, the household shall provide verification of the following:

(1)

Identity of the applicant, or, when an authorized representative applies, the identity of the applicant and authorized representative;

(2)

Gross nonexcludable income as described in Regulation .30 of this chapter;

(3)

Immigrant status for an immigrant in the household in accordance with Regulation .09 of this chapter;

(4)

Medical expenses as described in Regulation .33 of this chapter, if the household claims allowable medical expenses above $35 per month;

(5)

Residency as described in Regulation .08 of this chapter;

(6)

Social Security number as described in Regulation .11 of this chapter;

(7)

Amount of included resources as described in Regulation .26 of this chapter;

(8)

Legal obligation to make child support payments to or for an individual living outside the household and the amount of actual payments as described in Regulation .35 of this chapter;

(9)

Household composition, if questionable as described in §G of this regulation;

(10)

Shelter costs for homeless households claiming shelter expenses that would result in a shelter deduction greater than the homeless allowance;

(11)

Hours worked for individuals subject to the work requirement for able-bodied adults without dependents as described in Regulation .23 of this chapter;

(12)

Disability if the disability determination affects the household's eligibility or benefit level; and

(13)

All other factors of eligibility that are questionable as described in §G of this regulation and affect the household's eligibility and benefit level.

Optional Verification.

(1)

The Department may require verification of any other factor that affects eligibility or benefit level.

(2)

The verification:

(a)

May be required Statewide or in a local department area; and

(b)

May not be imposed on a selective case-by-case basis.

(3)

If a local department area chooses to verify a deductible expense and the expense cannot be verified within 30 days of the date of application, the eligibility and benefit level shall be determined without a deduction for the unverified expense.

Verification at Recertification.

(1)

At recertification the local department shall verify:

(a)

A change in income if the source has changed or the amount has changed by more than $50;

(b)

Previously unreported medical expenses;

(c)

Actual utility expenses and total recurring medical expenses that have changed by more than $50;

(d)

A change in the:

(i)

Legal obligation to pay child support;

(ii)

Obligated amount of child support received; or

(iii)

Amount of legally obligated child support a household member pays;

(e)

Newly obtained Social Security numbers;

(f)

Hours worked for individuals subject to the work requirement for able-bodied adults without dependents as described in Regulation .23 of this chapter; and

(g)

Any other change if the information provided is questionable as described in §G of this regulation, incomplete, or outdated.

(2)

Unless a change is questionable as described in §G of this regulation, incomplete, or outdated, at recertification the local department may not verify:

(a)

Income, if the:

(i)

Source has not changed; and

(ii)

Amount is unchanged or the amount has changed by $50 or less; or

(b)

Total medical expenses or actual utility expenses that:

(i)

Are unchanged; or

(ii)

Have changed by $50 or less.

Verification of Changes Reported during a Certification Period.

(1)

Except as described in §F(2) of this regulation, changes reported during the certification period are subject to the same verification procedures that apply at initial application.

(2)

Unless a change is questionable as described in §G of this regulation, incomplete, or outdated, the local department may not verify:

(a)

Income, if the:

(i)

Source has not changed; and

(ii)

Amount is unchanged or the amount has changed by $50 or less; or

(b)

Total medical expenses or actual utility expenses that:

(i)

Are unchanged; or

(ii)

Have changed by $50 or less.

Questionable Information. A factor of eligibility is questionable when information provided by the household is inconsistent with:

(1)

Statements made by the applicant;

(2)

Information on the application or on a previous application; or

(3)

Information received by the local department.

Documentary Evidence.

(1)

A household may supply documentary evidence:

(a)

In person;

(b)

Through the mail;

(c)

By facsimile or other electronic device; or

(d)

Through an authorized representative.

(2)

The local department:

(a)

Shall accept any reasonable documentary evidence provided by the individual;

(b)

Shall be primarily concerned with how adequately the verification proves the statements on the application; and

(c)

May not require the individual to present verification in person at the local department.

Regulation .21 Work Requirements.Link Copy Citation

HTML · MD · XML

An individual who is not exempt for a reason described in §B of this regulation is not eligible to participate if the individual:

(1)

Refuses, at the time of application and every 12 months after that, to be registered for work;

(2)

Refuses without good cause to:

(a)

Participate in an employment and training program to which the individual is assigned,

(b)

Accept an offer of suitable employment at a site or plant not subject to a strike or lockout at the time of the refusal,

(c)

Provide the local department or employment training program with sufficient information about employment status or availability for work; or

(3)

Voluntarily and without good cause:

(a)

Quits a job, as described in Regulation .24A(1) of this chapter, or

(b)

Reduces work hours as described in Regulation .24A(2) of this chapter.

A household member is exempt from the requirement to register for work if the member is:

(1)

Younger than 16 years old;

(2)

16 or 17 years old and neither the head of household as described in Regulation .13 of this chapter nor attending school or enrolled in an employment training program on at least a half-time basis;

(3)

60 years old or older;

(4)

Verified to be physically or mentally unfit for employment;

(5)

Complying with any work requirement under the Social Security Act, including Work Opportunities, and employment and training;

(6)

Responsible for the care of a child younger than 6 years old or an incapacitated individual;

(7)

Receiving or has applied for unemployment compensation and required to register for work;

(8)

A regular participant in a drug addiction or alcoholic treatment program;

(9)

Employed at least 30 hours per week or receiving earnings equal to the federal minimum hourly wage multiplied by 30; or

(10)

Enrolled in any school, training program, or institution of higher education on at least a half-time basis.

An individual shall register for work if, during the certification period, the individual loses exempt status because of a change in circumstances that the individual is required to report to the local department.

Regulation .22 Failure to Comply with Work Requirements.Link Copy Citation

HTML · MD · XML

If the local department determines that an individual has refused or failed without good cause to comply with the work requirements or employment and training program requirements, the individual is ineligible to participate in the Program for the following time periods:

(1)

After the first violation, the later of:

(a)

1 month, or

(b)

The date the individual complies with the work requirements;

(2)

After the second violation, the later of:

(a)

3 months, or

(b)

The date the individual complies with the work requirements; and

(3)

After the third or subsequent violation, the later of:

(a)

6 months, or

(b)

The date the individual complies with the work requirements.

If the individual moves to another household, the individual remains ineligible.

Conciliation Period for Failure to Comply with an Employment and Training Program Requirement.

(1)

The local department shall begin a conciliation period the day after the local department learns of the noncompliance.

(2)

The conciliation shall continue for a period not to exceed 30 calendar days.

(3)

The purpose of the conciliation effort is to:

(a)

Determine the reason the individual did not comply with the employment and training program requirement; and

(b)

Provide the noncomplying individual the opportunity to comply before the issuance of a notice of adverse action.

(4)

Within the conciliation period, the local department shall, at a minimum, contact the noncomplying household member to determine the reasons for noncompliance and determine if good cause exists as described in §G of this regulation.

Notice of Adverse Action. Within 10 days of the local department determining that an individual has not complied without good cause with a work requirement other than FSP employment and training program requirements, the local department shall provide a notice of adverse action containing the following:

(1)

The particular act of noncompliance committed;

(2)

The proposed disqualification period;

(3)

A statement that the individual may reapply at the end of the disqualification period; and

(4)

A description of the action the individual may take to avoid the disqualification.

Ending a Disqualification.

(1)

Following the end of the disqualification period for noncompliance with the work requirements or employment and training program requirements, participation may be resumed if the individual or household applies again and is determined eligible.

(2)

Eligibility may be reestablished during a disqualification period if the individual who caused the disqualification becomes exempt from work registration under the provisions of Regulation .21B(1)—(4), (6), and (8)—(10) of this chapter.

Suitable Employment.

(1)

Employment is considered suitable unless:

(a)

The wage offered is less than the federal minimum wage;

(b)

The employment is on a piece rate basis and the average hourly pay rate can reasonably be expected to be less than the federal minimum wage;

(c)

There are conditions of employment which require joining, resigning from, or refraining from joining any legitimate labor organization; or

(d)

The work offered is at a site subject to a strike or lockout unless the strike has been enjoined under §208 of the Taft-Hartley Act, or §10 of the Railway Labor Act.

(2)

Employment is considered unsuitable if the individual involved can demonstrate, or the local department becomes aware, that the:

(a)

Degree of risk to health and safety is unreasonable;

(b)

Individual is physically or mentally unfit to perform the work as documented by medical evidence or by reliable information from other sources;

(c)

Employment offered within the first 30 days of employment registration is not in the individual's major field of experience;

(d)

Working hours or routine of the employment interferes with the individual's religious observances, convictions, or beliefs; or

(e)

Distance from the individual's home to the place of employment is unreasonable considering the expected wage and time and cost of commuting.

(3)

A commuting time of 2 hours or more per day or the lack of private or public transportation renders a job unsuitable under §F(2)(e) of the regulation.

Determining Good Cause.

(1)

The local department shall determine if an individual had good cause for failing to comply with the work requirements, employment and training program, and voluntary quit requirements.

(2)

In determining good cause, the local department shall consider the facts and circumstances described by the individual and employer involved.

(3)

The local department may base a good cause determination on factors such as:

(a)

Illness of the individual involved or another individual in the household requiring the presence of the individual involved;

(b)

A household emergency;

(c)

The unavailability of transportation; or

(d)

The lack of child care for a child or children who are 6 years old or older but younger than 12 years old.

An individual shall be treated as though the individual failed to comply with the food stamp work requirements if the individual:

(1)

Is exempt from work requirements in accordance with Regulation .21B(5) or (7) of this chapter because the individual is subject to the TCA or Unemployment Compensation work requirements; and

(2)

Fails to comply with the TCA or Unemployment Compensation work requirements.

Unless an administrative hearing is requested and the individual is subject to benefits pending appeal, the disqualification period as described in §A of this regulation begins with the first month following the expiration of the 10-day adverse action period.

Regulation .23 Work Requirement for Able-Bodied Adults Without Dependents.Link Copy Citation

HTML · MD · XML

Except as described in §§B(6) and (7) and G of this regulation, an individual may not participate in the Program as a member of a household if, during a 36-month period, the individual received Program benefits for at least 3 months as described in §F of this regulation, consecutive or not, during which the individual did not:

(1)

Work 20 hours or more per week averaged monthly;

(2)

For 20 hours or more per week, participate in and comply with:

(a)

A Welfare Innovation Act program;

(b)

A Trade Adjustment Assistance Act program; or

(c)

An employment and training program;

(3)

Combine work and participation in a work program as described in §A(2) of this regulation that totals 20 hours a week averaged monthly;

(4)

Participate and comply with the requirements of a workfare program under §20 of the Food and Nutrition Act of 2008, or a comparable program established by the State or local government; or

(5)

Qualify for an exemption under §B or C of this regulation.

An individual is exempt from the requirement as described in §A of this regulation if the individual is:

(1)

Younger than 18 years old, or 47 years old or older;

(2)

Physically or mentally unfit;

(3)

A parent or other household member residing with a dependent child 17 years old or younger;

(4)

Pregnant;

(5)

Exempt from work requirements as described in Regulation .21B of this chapter;

(6)

Residing in one of the local department areas that has a waiver of the applicability of §A of this regulation from the Secretary of the United States Department of Agriculture; or

(7)

Exempt from work requirements in accordance with 7 U.S.C. §2015(o)(6).

Subsequent Eligibility. An individual denied eligibility under §A of this regulation shall regain eligibility if, during a 30-day period, the individual:

(1)

Works 80 hours or more;

(2)

Participates in and complies with the requirements of a work program for 80 hours or more; or

(3)

Fulfills the requirements of §A(3) of this regulation.

Maintaining Eligibility. An individual who regains eligibility under §C of this regulation remains eligible as long as the individual meets the requirements of §A of this regulation.

Loss of Employment. An individual:

(1)

Who regains eligibility under §C of this regulation and who no longer meets the requirements under §A of this regulation remains eligible for a consecutive 3-month period as described in §F of this regulation, effective the date the individual first notifies the local department that the individual no longer meets the requirements of §A of this regulation; and

(2)

May not receive any benefits as described in §E(1) of this regulation for more than one 3-month period in a 36-month period.

A countable month is a month during which the individual receives a full month's allotment.

The provisions of §§A—F of this regulation are not applicable from April 1, 2009 until September 30, 2011, in accordance with the American Recovery and Reinvestment Act of 2009.

Regulation .24 Voluntary Quit and Reduction of Work Effort.Link Copy Citation

HTML · MD · XML

Determining Voluntary Quit or Reduction of Work Effort.

(1)

The voluntary quit provision applies if:

(a)

The employment:

(i)

Involved 30 hours or more per week; or

(ii)

Provided weekly earnings at least equivalent to the federal minimum wage multiplied by 30 hours;

(b)

The quit occurred within 30 days before the date of application or anytime thereafter; and

(c)

The quit was without good cause.

(2)

The reduction of work effort provision applies if:

(a)

Before the reduction the individual was employed 30 hours or more per week;

(b)

After the reduction, the individual had weekly earnings of less than the federal minimum wage multiplied by 30 hours;

(c)

The reduction occurred within the 30 days before the date of application or anytime thereafter; and

(d)

The reduction was voluntary and without good cause.

An employee of the federal or State government or a local government who is dismissed for participating in a strike against the employer is considered to have voluntarily quit without good cause.

Good cause for quitting employment includes good cause as described in Regulation .22G of this chapter and any of the following:

(1)

Discrimination by an employer based on age, race, sex, color, disability, religious belief, national origin, or political beliefs;

(2)

Work demands or conditions that make continued employment unreasonable;

(3)

New employment or enrollment at least half-time in a school, training, or education program that requires quitting the employment;

(4)

A move to another place caused by another household member's new employment or enrollment at least half-time in a school, training, or education program;

(5)

Resignation of an individual younger than 60 years old which is recognized by the employer as retirement;

(6)

Employment that is or becomes unsuitable as defined by Regulation .22F of this chapter;

(7)

Acceptance of new employment or training that does not materialize because of circumstances beyond the control of the household member;

(8)

A pattern of frequent change of employers, as in migrant or construction work;

(9)

Changes in employment that result from termination of a self-employment enterprise; or

(10)

Resigning from a job at the demand of the employer.

Regulation .25 Resource Eligibility.Link Copy Citation

HTML · MD · XML

A household may retain countable resources up to $2,000 except as described in §B of this regulation and Regulation .12 of this chapter.

A household may retain countable resources up to $3,000 if the household includes a member who is:

(1)

60 years old or older; or

(2)

Disabled as described in Regulation .02B of this chapter.

The local department shall measure the household's countable resources against the maximum allowable amount to determine the household's eligibility.

Regulation .26 Included Resources.Link Copy Citation

HTML · MD · XML

Countable resources include:

Cash on hand; and

Money in a checking or savings account.

Regulation .27 Excluded Resources.Link Copy Citation

HTML · MD · XML

Resources are excluded except as described in Regulation .26 of this chapter.

Regulation .28 Vehicles.Link Copy Citation

HTML · MD · XML

The local department may not include the value of a vehicle in calculating resource eligibility as described in Regulation .25 of this chapter.

Regulation .29 Transfer of Resources.Link Copy Citation

HTML · MD · XML

At the time of application, the local department shall ask if any household member, or ineligible or disqualified individual whose resources are considered available to the household, transferred resources within the 3-month period immediately preceding the date of application.

A household which has transferred resources for the purpose of qualifying or attempting to qualify for benefits is disqualified from participating in the Program as described in §F of this regulation if the resources are transferred:

(1)

In the 3-month period before application; or

(2)

After the household is determined eligible for benefits.

Imposition of a Disqualification Period.

(1)

If the household has an application pending at the time of discovery of the transfer, the local department shall:

(a)

Send a written notice of denial explaining the reason for and length of the disqualification; and

(b)

Begin the period of disqualification in the month of application.

(2)

If the household is participating in the Program at the time of discovery of the transfer, the local department shall:

(a)

Send a notice of adverse action explaining the reason for and length of the disqualification; and

(b)

Begin the period of disqualification effective with the allotment that would have been issued after the notice of adverse action period had expired, unless the household requested a fair hearing and continued benefits.

Eligibility for the Program may not be affected by the following exempted transfers:

(1)

Resources that would not otherwise affect eligibility such as resources consisting of excluded personal property or money that, when added to other non-exempt household resources, totaled less at the time of the transfer than the allowable resource limits;

(2)

Resources that are sold or traded at, or near, fair market value;

(3)

Resources which are transferred between members of the same household, including ineligible aliens or disqualified individuals whose resources are being considered available to the household; and

(4)

Resources that are transferred for reasons other than qualifying or attempting to qualify for benefits.

The local department shall base the length of the disqualification period on the amount by which non-exempt transferred resources, when added to other countable resources, exceeds the allowable resource limit.

The following chart shall be used to determine the period of disqualification:

The local department may not count resources of nonhousehold members as available to the household, but shall count resources of excluded members as available to the remaining household members.

Regulation .30 Income.Link Copy Citation

HTML · MD · XML

“Income” means all income from any source excluding only the income types specified in §D of this regulation.

Earned income includes:

(1)

Wages, salaries, tips, and commissions;

(2)

Income from self-employment as described in Regulation .39 of this chapter;

(3)

Training allowances from recognized government programs; and

(4)

Payments under Title I of the Domestic Services Act of 1973, such as the Volunteer in Service to America (VISTA) program when the individual was not receiving food supplement or public assistance at the time of entry into the volunteer program.

Unearned income includes:

(1)

Federally funded assistance payments;

(2)

State-funded assistance payments;

(3)

Annuities, pensions, and retirement benefits;

(4)

Workers' or unemployment compensation;

(5)

Social Security benefits;

(6)

Foster care and subsidized guardianship payments only if the household chooses to include the foster care individual in the food supplement household;

(7)

Net rental property income when no household member is actively engaged in management of the property for 20 hours a week or more;

(8)

Support or alimony payments;

(9)

Payments from government programs, dividends, interest except as described in §D(18) of this regulation, royalties, or money payments from any source which is a gain or benefit to the household;

(10)

Money withdrawn or dividends due to a household from a trust fund;

(11)

Dividends that the household has the option to use or reinvest unless excluded in §D of this regulation;

(12)

Amounts of unearned income deducted from a federal or State means-tested public assistance benefit to repay a claim intentionally caused by a household;

(13)

Earned or unearned income of an individual disqualified from the household as described in Regulation .40B and C of this chapter; and

(14)

Income of a sponsor and sponsor's spouse as described in Regulation .09-1 of this chapter.

Excluded income includes:

(1)

Income diverted at or returned to the source to repay a prior overpayment received from the source except as described in §C(12) of this regulation;

(2)

Child support paid to a TCA recipient that is required to be transferred to the Department's Child Support Enforcement Administration;

(3)

In-kind contributions which have other than a cash value to the household;

(4)

Vendor or third-party payments paid directly to a third party and not available as income to the household;

(5)

Irregular, unanticipated:

(a)

Earned income not exceeding $30 in any quarter; or

(b)

Unearned income not exceeding $200 in any 6 month period;

(6)

Any loan;

(7)

Reimbursements for past or future expenses, other than normal living expenses, if they do not exceed actual expenses;

(8)

Money received and used for the care and maintenance of a third-party beneficiary who is not a household member;

(9)

Earned income of a member of the household who:

(a)

Is an elementary or secondary school student;

(b)

Is younger than 18 years old; and

(c)

Lives with a natural or adoptive parent or stepparent, or under the parental control of a household member other than a parent;

(10)

A nonrecurring lump sum payment;

(11)

Cash donations based on need from one or more private nonprofit charitable organizations;

(12)

Income specifically excluded by federal law as countable income for Program purposes;

(13)

Any federally funded energy assistance payment, including HUD utility reimbursements, except for payments provided under Title IV-A of the Social Security Act;

(14)

Income of an SSI recipient which has been determined necessary for the fulfillment of a plan for achieving self-support (PASS) which has been approved by the Social Security Administration;

(15)

Public assistance vendor payments provided for emergency or special assistance;

(16)

Educational assistance as described in Regulation .31 of this chapter;

(17)

The deduction for self-employment income permitted under Regulation .39 of this chapter;

(18)

Interest earned on a bank account; and

(19)

Military combat pay.

Regulation .31 Educational Assistance.Link Copy Citation

HTML · MD · XML

Educational assistance includes grants, scholarships, fellowships, educational loans on which payment is deferred, work study, veterans' benefits, and other opportunities which are awarded to a household member enrolled:

(1)

At a recognized institution of postsecondary education;

(2)

At a school for disabled individuals;

(3)

In a vocational education program;

(4)

In a vocational or technical school; or

(5)

In a program that provides for obtaining a secondary school diploma or the equivalent.

The local department may not include educational assistance in calculating a household's eligibility or benefit level.

Regulation .32 Earned Income and Self-Employment Deductions.Link Copy Citation

HTML · MD · XML

Earned Income Deduction. The local department:

(1)

Shall allow a deduction from income in the amount of 20 percent of any gross earned income; and

(2)

May not include in the calculation of the earned income deduction any earnings excluded under Regulation .39B of this chapter.

The local department shall allow a deduction from self-employment income as described in Regulation .39B of this chapter.

Regulation .33 Medical Expenses.Link Copy Citation

HTML · MD · XML

Medical expenses are counted only for individuals who are elderly or disabled as defined in Regulation .02B of this chapter. Medical expenses include:

(1)

Medical and dental care by a licensed practitioner;

(2)

Hospitalization or outpatient treatment, including payments by the household for a former member who received care in a hospital or nursing home while a member of the household;

(3)

Prescription drugs and over-the-counter medication approved by a licensed practitioner;

(4)

Home medical supplies, sick room supplies, and prescribed equipment;

(5)

Health and hospitalization insurance premiums for the cost of health care only;

(6)

Medicare premiums;

(7)

Cost-sharing or spend down expenses incurred by Medicaid recipients;

(8)

Dentures, hearing aids, and prosthetics;

(9)

Costs of seeing eye and hearing aid dogs;

(10)

Eyeglasses;

(11)

Reasonable costs of transportation and lodging for medical treatment; and

(12)

Costs for in-home aide care or attendants.

Except as described in §C of this regulation, the allowable medical expenses are calculated for a monthly cost amount by:

(1)

Averaging a one-time expense over the remaining months of the certification period;

(2)

Allowing the one-time expense for 1 month; or

(3)

Allowing a known continuing expense in each month of the certification period.

For households certified for 24 months that have a one-time medical expense incurred during the first 12 months, the local department shall give the household the option of:

(1)

Deducting the expense for 1 month;

(2)

Averaging the expense over the remainder of the first 12 months of the certification period; or

(3)

Averaging the expense over the remaining months of the certification period.

Regulation .34 Dependent Care Expenses.Link Copy Citation

HTML · MD · XML

The local department shall allow payments for the actual cost for the care of children or other dependents when necessary for a household member to:

Seek, accept, or continue employment;

Comply with the employment and training requirements as described in Regulation .21 of this chapter; or

Attend training or pursue education that is preparatory to employment.

Regulation .35 Child Support Deduction.Link Copy Citation

HTML · MD · XML

A household member who has verification of having made legally obligated child support payments to or for an individual living outside the household is allowed a deduction.

To be entitled to the deduction, the household member shall:

(1)

Have a legal obligation to pay; and

(2)

Make payments.

The child support deduction includes:

(1)

Anticipated payments that the household member will pay during the certification period;

(2)

Third-party payments by the household on behalf of the nonhousehold member in accordance with a support order;

(3)

Legally obligated payments by the household to obtain health insurance for the child; and

(4)

Arrearages if the payments are anticipated to continue during the certification period.

Alimony payments to or for a nonhousehold member may not be included as a child support deduction.

Regulation .36 Homeless Shelter Allowance.Link Copy Citation

HTML · MD · XML

The local department shall allow a deduction in the amount set forth in Schedule L in Regulation .45 of this chapter for a household which:

(1)

Is homeless; and

(2)

Incurs shelter costs.

A household receiving the homeless shelter allowance may not also receive a deduction for shelter costs.

Regulation .37 Shelter Costs.Link Copy Citation

HTML · MD · XML

Shelter costs are limited to the following:

(1)

Continuing charges for the shelter occupied by the household, which include rent or mortgage, condominium fees, association fees, or other continuing charges leading to or resulting from the ownership of the shelter, including interest paid on a mortgage;

(2)

Property taxes;

(3)

State and local assessments;

(4)

Premiums for insurance on the structure itself, but not the separate cost for insuring furniture or personal belongings; and

(5)

Utility costs, which include:

(a)

Heating,

(b)

Cooling,

(c)

Cooking fuel,

(d)

Electricity,

(e)

Water and sewerage charges,

(f)

Garbage and trash collection fees,

(g)

Telephone allowance as described Schedule I in Regulation .45 of this chapter,

(h)

Fees charged by a utility provider for initial installation of a utility, and

(i)

Well and septic tank system installation and maintenance.

The local department may not include as shelter costs:

(1)

The amount paid for a security deposit; or

(2)

Any amount considered as payment for meals.

Allowing Shelter Costs for a Home Temporarily Unoccupied.

(1)

The local department shall allow shelter costs for a home if temporarily not occupied by the household because of:

(a)

Illness;

(b)

Employment or training away from home; or

(c)

Abandonment caused by a natural disaster or casualty loss.

(2)

To include the costs of a home vacated by the household:

(a)

The household must intend to return to the home;

(b)

The current occupants of the home, if any, may not be claiming the shelter costs for Program purposes; and

(c)

The home may not be rented during the absence of the household.

The local department shall allow charges for repair of a home that was substantially damaged or destroyed due to a natural disaster such as a fire or flood but may not include charges for repair of the home that have been or will be reimbursed by private or public relief agencies, insurance companies, or another source.

Regulation .38 Utility Expenses.Link Copy Citation

HTML · MD · XML

Utilities are limited to the expenses described in Regulation .37A(5) of this chapter.

Utility Allowances.

(1)

Utility costs included in the utility allowances are listed in Regulation .37A(5) of this chapter.

(2)

Except as described in §§C and D of this regulation, an eligible household shall use one of two utility allowances as described in §B(3) and (4) of this regulation.

(3)

Standard Utility Allowance (SUA). An SUA as described in Schedule G of Regulation .45 of this chapter shall be used by a household that:

(a)

Is billed for heating or for the operation of an air conditioning system or room air conditioner separately from the rent or mortgage payment;

(b)

Resides in public or private rental housing and:

(i)

Is billed by the landlord for actual costs of heating or cooling as determined by individual metering;

(ii)

Is charged a flat rate for heating or cooling costs separately from the rent;

(iii)

Is charged for excess usage of heating or cooling costs separately from the rent; or

(iv)

Can prove that it actually pays utility bills of the type described in §B(3)(a) and (b)(i)—(iii) of this regulation that are in someone else's name; or

(c)

Receives direct or indirect assistance under the Low Income Home Energy Assistance Act of 1981.

(4)

Limited Utility Allowance (LUA). An LUA as described in Schedule H of Regulation .45 of this chapter shall be used by a household that:

(a)

Is billed for two or more utilities as described in Regulation .37A(5) of this chapter separately from the rent or mortgage, but not for heat or cooling as described in §B(3) of this regulation; or

(b)

Resides in public or private rental housing and:

(i)

Is billed by the landlord for actual usage of the utilities that do not include heat or cooling as determined by individual metering;

(ii)

Is charged a flat rate or for excess usage of utilities that do not include heat or cooling separately from the rent;

(iii)

Is charged for excess usage of utilities that do not include heat or cooling separately from the rent; or

(iv)

Can prove that it actually pays utility bills of the type described in §B(4)(a) and (b)(i)—(iii) of this regulation that are in someone else's name.

(5)

A household that lives with and shares utilities with other individuals or households is entitled to the SUA or LUA as described in §B(3) and (4) of this regulation.

(6)

A household that shares utilities between ineligible and eligible household members is entitled to the SUA or LUA as described in §B(3) and (4) of this regulation.

(7)

Except as described in §B(3)(c) of this regulation, if the cost of a principal heating or cooling source is included in the rent or mortgage payment, the household may be eligible only for the LUA regardless of whether the household uses and pays for supplemental heating equipment.

A household that incurs a separate telephone expense but is not entitled to claim a utility allowance shall use the mandatory telephone allowances in Schedule I in Regulation .45 of this chapter even if the actual expense is higher.

A household that incurs the cost of only one utility is eligible for the actual cost of the utility. The household shall verify the:

(1)

Cost of utility that is separate from any payment for rent or mortgage, including monthly charges by landlords for actual utility usage as determined by individual metering; and

(2)

Number of households that share the cost.

Energy Assistance.

(1)

The local department shall calculate if a household that receives indirect or vendor energy assistance from nonfederal funds is eligible for the SUA by:

(a)

Prorating the assistance over the season for which the payment is intended to cover, and determining if the household has incurred out-of-pocket heating expenses over the prorated amount in any month in the certification period;

(b)

Computing the proration by dividing the assistance amount by 5, which is the number of months, November 1—March 31, in the heating season; and

(c)

Determining if the household meets the out-of-pocket costs and the conditions of §E(1)(a) of this regulation.

(2)

If a household receives energy assistance that is authorized by federal law and administered by the Department's Maryland Energy Assistance Program (MEAP), to determine the household's eligibility for the SUA, the local department:

(a)

Need not prorate the MEAP assistance to determine out-of-pocket costs; and

(b)

Shall deem the full amount of the MEAP payment as an out-of-pocket expense.

(3)

A household shall report the receipt of all income, including indirect vendor payments, as the time of certification and recertification.

(4)

An expense covered by an excluded vendor payment is not deductible except for an energy assistance vendor payment administered by MEAP.

Regulation .39 Self-Employment Income.Link Copy Citation

HTML · MD · XML

Calculation. The local department shall:

(1)

Annualize self-employment income that represents a household's annual income even if the income is received within a short period of time or the household receives income from another source;

(2)

Calculate self-employment income based on anticipated earnings if the averaged annualized amount does not reflect the household's actual circumstance because the household has experienced a substantial increase or decrease in business;

(3)

Average self-employment income that is meant to meet the household's needs for only a part of the year over the period of time the income is intended to cover; or

(4)

Average the income of a business that has been in existence for less than a year over the period of time the business has been in operation.

Deduction. The local department shall allow a deduction of 30 percent of the gross receipts of self-employment income as the cost of producing income, with the exception of the self-employment of farmers as described in §C of this regulation.

Self-Employed Farmers.

(1)

If the cost of producing self-employment income exceeds the income derived from a self-employment farming enterprise, the losses shall be offset against any other countable income.

(2)

To be considered a self-employed farmer, the farmer shall receive or anticipate receiving annual gross proceeds of $1,000 or more from the farming enterprise.

Regulation .40 Income and Resources of an Ineligible Household Member.Link Copy Citation

HTML · MD · XML

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:

(1)

An ineligible immigrant as described in Regulation .04B(1) of this chapter;

(2)

Without a Social Security number and has not applied for one as described in Regulation .11 of this chapter;

(3)

An able-bodied adult without dependents as described in Regulation .04B(4) of this chapter; or

(4)

Disqualified from the Program as described in Regulation .04B(2)(b)—(d) of this chapter after receiving notice.

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.

Prorated Share.

(1)

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.

(2)

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.

(3)

The prorated share is added to each member's countable income.

(4)

The prorated deduction is calculated as follows:

(a)

The 20 percent earned income deduction is applied to the prorated share of the excluded individual's earned income;

(b)

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

(c)

The amount of each member's share is counted toward the shelter and dependent care expenses of the household.

(5)

The local department may not count the ineligible individual when determining:

(a)

Household size for the benefit level;

(b)

Household size for the income eligibility standard; or

(c)

Resource eligibility limit.

Treatment of Income and Resources of Nonhousehold Members.

(1)

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:

(a)

An ineligible student as described in Regulation .10 of this chapter; or

(b)

A nonhousehold member as described in Regulation .03D of this chapter.

(2)

Cash payments from the nonhousehold member to the household are considered income to the household.

Regulation .41 Failure to Comply with Another Assistance Program's Requirements.Link Copy Citation

HTML · MD · XML

The local department may not increase a household's allotment during the period the household's benefits received under another means-tested federal, State, or local public assistance program have been reduced, suspended, or terminated due to the household's failure to comply with a requirement of the program that imposed the benefit decrease.

The local department shall adjust Program benefits when:

(1)

Eligible members are added to the FSP household, regardless of any prohibition from receiving benefits for the additional member under another federal, State, or local public assistance means-tested program; or

(2)

Changes are reported that are not related to a penalty imposed by another federal, State, or local means-tested public assistance program.

Regulation .42 Income Eligibility Standards.Link Copy Citation

HTML · MD · XML

A household that includes an elderly or disabled member shall meet the net income eligibility standards for the Program in Schedule B of Regulation .45 of this chapter.

A household that does not include an elderly or disabled member shall meet both the gross and net income eligibility standards for the Program in Schedules A and B of Regulation .45 of this chapter.

Categorically eligible PA or SSI households, as defined in Regulation .12 of this chapter, are not subject to income eligibility standards.

Regulation .43 Calculation of Household Net Monthly Income.Link Copy Citation

HTML · MD · XML

The local department shall compute net monthly income in the following manner:

Compute gross monthly income;

Subtract from the gross self-employment income the amount allowed by Regulation .39B and C of this chapter;

Subtract an earned income deduction of 20 percent of gross monthly earned income;

Subtract a standard deduction in the amount stated in Schedule E of Regulation .45 of this chapter;

Subtract that portion of medical expenses as defined in Regulation .33 of this chapter in excess of $35 per month incurred by a household member who is elderly or disabled as described in Regulation .02B of this chapter;

Subtract payments for the actual cost paid by the household to someone outside the household for the care of a child or other dependent as described in Regulation .34 of this chapter;

Subtract payments for child support for an individual living outside the home as set forth in Regulation .35 of this chapter;

Subtract a homeless shelter allowance as described in Regulation .36 of this chapter for homeless households in the amount stated in Schedule J in Regulation .45 of this chapter; and

Subtract any excess shelter cost as follows:

(1)

Excess shelter cost is calculated as the amount of the shelter cost, as described in Regulation .37 of this chapter, which exceeds 50 percent of the amount of income remaining after the deductions in §§A—H of this regulation are allowed,

(2)

Subtract the excess shelter cost not to exceed the maximum in Schedule F of Regulation .45 of this chapter, and

(3)

If the household contains an elderly or disabled member as described in Regulation .02B of this chapter, the total amount of the excess shelter cost is subtracted.

Regulation .44 Calculation of the Allotment.Link Copy Citation

HTML · MD · XML

The household's monthly allotment shall equal the thrifty food plan for the household's size reduced by 30 percent of the household's net monthly income as calculated in Regulation .43 of this chapter.

Calculation. The local department shall:

(1)

Round up the product of 30 percent times the household's net income to the next whole dollar if it ends in 1 through 99 cents; and

(2)

Round up to $2, $4, or $6, respectively, if an allotment of $1, $3, or $5 results.

Prorating Benefits.

(1)

The local department shall prorate benefits for an initial month from the day the calculation is required to begin according to Regulation .14I or .18B and C of this chapter, to the end of the month.

(2)

A household applying on the 31st of a month shall be treated as though it applied on the 30th of the month.

(3)

The following formula may be used to calculate the initial monthly allotment:

(4)

If the calculation of the initial monthly allotment yields an allotment of less than $10 for the household, a benefit may not be issued for the initial month.

Except during an initial month, all eligible one and two member households shall receive a minimum monthly allotment of $16, and all eligible households with three or more members that are entitled to $1, $3, or $5 allotments shall receive allotments of $2, $4, or $6, respectively.

Other than households described in §F of this regulation, an eligible household with three or more members, which is not entitled to benefits except for the proration requirements of §C of this regulation and the provision precluding issuance of less than $10 in an initial month in accordance with §D of this regulation, the local department shall deny the household's application because its net income exceeds the level at which benefits are issued.

A household that files a joint public assistance-FSP application and is categorically eligible in accordance with Regulation .12 of this chapter after being denied non-PA benefits shall have its benefits for the initial month prorated from the date from which the public assistance is payable or the date of the original FSP application, whichever is later.

Regulation .45 Schedules for Income and Deductions.Link Copy Citation

HTML · MD · XML

Schedules for income and deductions effective October 1, 2009, as established or approved by the United States Department of Agriculture Food and Nutrition Service, are as follows:

Household Size	A. Gross Monthly Income (130% of poverty)	B. Net Monthly Income (100% of poverty)	C. Elderly and Disabled Separate Household (165% of poverty)	D. Maximum Allotment / Thrifty Food Plan
1	$1,174	$ 903	$1,490	$ 200
2	1,579	1,215	2,004	367
3	1,984	1,526	2,518	526
4	2,389	1,838	3,032	668
5	2,794	2,150	3,547	793
6	3,200	2,461	4,061	952
7	3,605	2,773	4,575	1,052
8	4,010	3,085	5,089	1,202
Each Additional Member	+406	+312	+515	+150

The standard deduction is:

(1)

$141 for households of three or fewer individuals;

(2)

$153 for households of four individuals;

(3)

$179 or households of five individuals; or

(4)

$205 or households of six or more individuals.

The excess shelter deduction is up to $459;

The standard utility allowance (SUA) is $414;

The limited utility allowance (LUA) is $250;

The mandatory telephone allowance is $37; and

The homeless shelter deduction is $143.

Regulation .46 Certification Actions and Certification Period Length.Link Copy Citation

HTML · MD · XML

Certification Period.

(1)

The local department shall:

(a)

Certify an eligible household for a definite period of time; and

(b)

Assign the longest certification period possible, based on the household's circumstances.

(2)

The first month of the certification period is the first month for which the household is eligible to participate.

(3)

A certification period:

(a)

May not exceed 12 months except as described in §A(3)(d) of this regulation;

(b)

Shall be 4 months or more for:

(i)

Homeless households; and

(ii)

Migrant and seasonal farm worker households;

(c)

May not exceed 6 months unless the local department has contact with the household every 6 months and receives a report of changes in circumstances; and

(d)

May be up to 24 months if:

(i)

All adult household members are elderly or disabled as described in Regulation .02B of this chapter and have no earned income; and

(ii)

The local department has at least one contact with the certified household every 12 months.

(4)

The local department may assign 1-month or 2-month certification periods when it appears likely that the household will become ineligible in the near future.

The local department shall issue a notice of eligibility to an eligible household, as described in Regulation .16A of this chapter.

The local department shall arrange for issuance of an EBT card to an eligible household.

Shortening a Certification Period. The local department may not:

(1)

End a household's certification period earlier than its assigned termination date, unless:

(a)

The local department receives information that the household has become ineligible;

(b)

The household has not complied with the requirements of Regulation .49G of this chapter;

(c)

The household receives transitional benefits as described in Regulation .49H of this chapter; or

(d)

The household applies for and is approved for another program and the certification period is shortened to align the eligibility periods of all programs; and

(2)

Use the notice of expiration as described in Regulation .52C of this chapter to shorten a certification period.

Shortening a Certification Period. The local department may not:

(1)

End a household’s certification period earlier than its assigned termination date, unless:

(a)

The local department receives information that the household has become ineligible; or

(b)

The household has not complied with the requirements of Regulation 49G of this chapter,

(c)

The household becomes subject to simplified reporting requirements as described in Regulation .47B of this chapter during an established certification period with more than 6 months remaining;

(d)

The household receives transitional benefits as described in Regulation .49H of this chapter; or

(e)

The household applies for and is approved for another program and the certification period is shortened to align the eligibility periods of all programs; and

(2)

Use the notice of expiration as described in Regulation .52C of this chapter to shorten a certification period.

Lengthening a Certification Period.

(1)

Except as described in §F(3) of this regulation, the local department may lengthen a household's certification period once it is established, as long as the total months of the certification period do not exceed:

(a)

24 months for a household in which all adult members are elderly or disabled as described in Regulation .02B of this chapter and who have no earned income; or

(b)

12 months for any other household.

(2)

The local department shall advise the household with a notice of eligibility as described in Regulation .16 of this chapter if the local department lengthens the certification period.

(3)

The local department may extend the household's certification period to the end of a transitional benefit period established in accordance with Regulation .49H of this chapter.

Regulation .47 Changes in Household Circumstances.Link Copy Citation

HTML · MD · XML

Except as described in §C of this regulation, a household is required to report only when the household's total gross monthly income exceeds 130 percent of the federal poverty rate as described in Regulation .45, Schedule A, of this chapter for the household size at certification.

The local department shall act on any change reported to the local department by:

(1)

The household by way of a personal visit, by telephone, in writing, through SAIL, or by facsimile or other electronic device;

(2)

An individual in the community;

(3)

Another State agency such as a quality control or an investigative unit;

(4)

An electronic match; or

(5)

An out-of-State agency.

An individual subject to the work requirements as described in Regulation .23 of this chapter shall report a reduction of work hours below 20 hours per week.

Regulation .48 Reporting Time Limits.Link Copy Citation

HTML · MD · XML

Households shall report a required change not later than 10 days after the end of the calendar month in which the change occurred.

The household shall report any change listed in Regulation .47 of this chapter that occurs after the interview but before the date of the notice of eligibility, within 10 days of the date of the notice.

PA households that report changes in circumstances on a PA change form are considered to have reported the change for food stamp purposes.

Regulation .49 Local Department Action on Changes.Link Copy Citation

HTML · MD · XML

When a household circumstance change is reported, the local department shall:

(1)

Document in the case file the change and the date the change is reported to the local department;

(2)

Act on the change as described in §§C—F of this regulation if the new circumstance is expected to continue at least 1 month beyond the month in which the change is reported;

(3)

Notify the household in writing of receipt of the change report and any resulting adjustments to the allotment;

(4)

Notify the household of any additional verification requirements resulting from the change;

(5)

Notify the household whenever changes in the PA grant will affect the allotment or certification period; and

(6)

Provide another change report form.

Increase in Benefits.

(1)

If the change is an addition of a new member who is not a member of another certified household, or a reduction by $50 or more in the household's gross monthly income, the local department shall issue:

(a)

Any increased benefits not later than the first allotment issued 10 days after the date the change was reported to the local department; or

(b)

A supplemental authorization for the amount of increase for that month if the report date is too late for the local department to effect an increase in the regular allotment in the month following the report.

(2)

Increased benefits due a household resulting from a reported change other than those specified in §B(1) of this regulation are effective not later than the first allotment issued 10 days after the date the change was reported.

Verification of Changes.

(1)

The local department shall obtain required verification before taking action on a change which increases benefits.

(2)

The household is allowed 10 days from the date the change is reported to provide verification.

(3)

If the household:

(a)

Provides verification within 10 days from the date the change is reported, the time frame for taking action as described in §B of this regulation begins on the date the change is reported; or

(b)

Fails to provide verification within 10 days from the date the change is reported, the time frame for taking action as described in §B of this regulation begins on the date the verification is provided.

The local department shall terminate benefits following the issuance of a notice of adverse action if the household refuses to cooperate in providing verification of the change.

If the local department fails to issue the increased benefits within the time limits provided in §§B and C of this regulation, it shall restore the benefits lost to the household.

Decreases in Benefits. If the household's benefit level decreases or the household becomes ineligible as a result of a reported change, the local department shall:

(1)

Issue a notice of adverse action within 10 days of the date the change was reported;

(2)

Make the decrease or termination effective not later than the regular allotment for the month following the month in which the notice period expired, unless the household requested a fair hearing and continuation of benefits; and

(3)

Obtain required verification before recertification.

Unclear Information.

(1)

When the local department receives information about a change in a household's circumstances during the certification period and cannot readily determine the effect of the change on the household's benefit amount, the local department shall issue a written request for contact that:

(a)

Clearly advises the household of the verification it must provide or the action it must take to clarify its circumstances;

(b)

Provides the household with at least 10 days to respond and to clarify its circumstances; and

(c)

States the consequences if the household fails to respond to the request for contact.

(2)

The local department shall issue a notice of adverse action as described in Regulation .51 of this chapter if the household:

(a)

Does not respond to the request for contact; or

(b)

Responds to the request for contact and refuses to provide sufficient information to clarify its circumstances.

(3)

If the household responds to the request for contact and provides sufficient information, the local department shall act on any change as described in §§A—F of this regulation.

Transitional FSP Benefits.

(1)

Except as described in §H(4) and (5) of this regulation, after the termination of a Temporary Cash Assistance (TCA) benefit the local department shall provide transitional FSP benefits for 5 months after the date on which the TCA benefit was terminated.

(2)

Amount of the Benefit. During the transitional benefit period, a household shall receive an amount of Program benefits equal to the allotment received in the month immediately before the date on which the TCA benefit was terminated, adjusted for the change in household income as a result of the loss of the TCA benefit.

(3)

Continued Eligibility after the Transitional Benefit Period.

(a)

To continue to receive Program benefits beyond the transitional benefit period the household shall cooperate in a recertification of eligibility as described in Regulation .52 of this chapter.

(b)

The local department may initiate a new certification period for the household receiving transitional benefits regardless of whether the prior certification period has expired.

(4)

A household may not receive transitional benefits as described in §H(1) and (2) of this regulation if the household:

(a)

Did not receive a TCA benefit for at least 1 month prior to the month in which the TCA benefit ended; or

(b)

Lost TCA or Program eligibility because of:

(i)

Failure to comply with a TCA eligibility requirement, as described in COMAR 07.03.03.19;

(ii)

Failure to comply with work requirements as described in Regulations .21—.24 of this chapter;

(iii)

Disqualification for an intentional program violation as described in Regulation .56 of this chapter;

(iv)

Status as an individual fleeing 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;

(v)

Ineligible immigrant status as described in Regulation .09 of this chapter;

(vi)

A transfer of assets as described in Regulation .29 of this chapter; or

(vii)

The household's move out of the State.

(5)

Application for Recertification.

(a)

During the transitional benefit period the household may apply for recertification at any time.

(b)

If a household applies for recertification as described in §H(5)(a) of this regulation, the local department shall determine benefits for subsequent months without regard to §H of this regulation.

(6)

The transitional benefit period shall end if:

(a)

A household member applies for Program benefits in another household during the transitional benefit period; or

(b)

The household reapplies for and is found eligible for TCA during the transitional benefit period.

Regulation .50 Failure to Report.Link Copy Citation

HTML · MD · XML

If the local department discovers during the certification period that the household failed to report a required change, and, as a result the household received benefits for which it was not entitled, the local department shall reduce or terminate the allotment after sending the notice of adverse action.

The local department shall establish a claim against the household if the household received benefits to which it was not entitled as specified in Regulation .54 of this chapter.

The local department may not establish a claim against a household for not reporting a change not required to be reported.

Regulation .51 Adverse Action.Link Copy Citation

HTML · MD · XML

Definitions.

(1)

In this regulation, the following terms have the meanings indicated.

(2)

Terms Defined.

(a)

“Timely” means that the notice is sent at least 10 calendar days before the action is taken.

(b)

“Adequate” means that the notice includes:

(i)

The action to be taken;

(ii)

The reason for the action;

(iii)

A notice of the household's right to and the method for requesting a fair hearing; and

(iv)

The availability of any free legal services.

Timely and Adequate Notice.

(1)

Before taking any action to reduce or terminate a household's benefits within the certification period, the local department shall give timely and adequate notice.

(2)

The local department may send an adequate notice not later than the date the household receives or would have received its allotment if the:

(a)

Household reports in writing information which results in reduction or termination of benefits; and

(b)

Local department can determine the household's allotment or ineligibility solely upon the household's written information.

(3)

When an EBT system error occurs during the redemption process which results in an out-of-balance settlement condition, the Department shall send adequate notice not later than the date of the action to adjust the account.

Request for a Fair Hearing and Continuation of Benefits.

(1)

If the household requests a fair hearing within 10 days of the notice of intended action as described in §B of this regulation and does not specifically waive continuation of benefits, the local department:

(a)

May not take the proposed adverse action; and

(b)

Shall continue the allotment at the same level pending the hearing decision but not beyond the end of the certification period.

(2)

A fair hearing request is effective if it is received in the local department as specified in COMAR 07.01.04.03F.

(3)

EBT Adjustments. If there are no benefits or insufficient benefits remaining in the household's account, the Department shall make the adjustment from only the next month's benefits regardless of whether this satisfies the full adjustment amount.

An individual notice of adverse action may not be provided to a household when:

(1)

The Department initiates a mass change that affects the entire Program caseload or a significant portion of the caseload;

(2)

The local department determines that all members of a household have died;

(3)

The local department determines that the household has moved from the local department area;

(4)

The benefit returns to its original level when restoration of lost benefits has been completed and the household was previously notified in writing of the date the increased allotment would end;

(5)

The household was notified at certification that its benefits would vary from month to month;

(6)

The household made a joint PA-FSP application and has been receiving Program benefits, and was notified at certification that Program benefits would be reduced upon approval of the PA application;

(7)

A household member is disqualified for intentional program violation, or the benefits of the remaining household members are reduced or terminated;

(8)

A household certified on an expedited basis fails to provide postponed verification after the local department provided written notice that verification was necessary for benefits to continue beyond the month of application;

(9)

The local department converts an allotment from cash and Program benefit repayment to allotment reduction as a result of the household's failure to make agreed upon payments as specified in Regulation .55 of this chapter;

(10)

The local department terminates the eligibility of a resident of a drug or alcoholic treatment center or group living arrangement because the facility either lost its certification from the State or had its status as an authorized representative food retailer suspended by the United States Department of Agriculture, Food and Nutrition Service; or

(11)

The household voluntarily requests, in writing or in the presence of a caseworker, that its participation be terminated.

Regulation .52 Recertification.Link Copy Citation

HTML · MD · XML

A household may not participate beyond the expiration of the assigned certification period as described in Regulation .46 of this chapter without a determination of eligibility for a new period.

The local department shall provide the household with a notice of expiration of its certification period at least 1 day before the last month of the household's certification period but not earlier than the next to last month of the certification period except that:

(1)

A household certified for 2 months or less shall be provided the notice of expiration at the time of certification; and

(2)

The local department need not send a separate notice of expiration to a PA household if its Program recertification coincides with its PA redetermination.

The notice of expiration shall include the:

(1)

Date the current certification period ends;

(2)

Date by which the household shall file an application in order to receive uninterrupted benefits;

(3)

Household's right to file an application and the right to file the application by mail or through an authorized representative;

(4)

Telephone number and address of the local department and the name of an individual to contact for additional information;

(5)

Consequences of failure to comply with the notice of expiration;

(6)

Right to a fair hearing;

(7)

Right of a household consisting of SSI applicants or recipients to apply for recertification at an office of the Social Security Administration;

(8)

Notification to the household that to receive uninterrupted benefits the household shall:

(a)

Appear for any interview scheduled on or after the date the application is timely filed, and

(b)

Complete the processing steps of the interview and provide all required verification;

(9)

Notification, if applicable, of the number of days the household has for submitting missing verification after the agency informs the household of any further verification needed to receive uninterrupted benefits; and

(10)

Notification to the household that it is responsible for rescheduling any missed interviews.

Interview at Recertification.

(1)

As part of the recertification process, the local department shall:

(a)

Conduct an interview with a member of the household or its authorized representative at least once every 12 months for households certified for 12 months or less;

(b)

Waive the face-to-face interview for hardship situations as described in Regulation .15C of this chapter; and

(c)

Schedule any required interview so that the household has at least 10 days after the interview in which to provide verification before the certification period expires.

(2)

If a household misses its scheduled interview, the local department shall:

(a)

Send the household notice of the missed interview; and

(b)

Schedule a second interview if the household requests another interview.

Delays in Processing a Recertification.

(1)

If the household files a complete application for recertification by the date set by the local department, but the local department is unable to determine eligibility in time to provide uninterrupted benefits, the local department shall:

(a)

Provide benefits to an eligible household retroactive to the expiration of the previous certification period; and

(b)

Set a new certification period to begin with the expiration of the previous period.

(2)

If the household files an application within 30 days after the end of the certification period the:

(a)

Application is considered an application for recertification; and

(b)

Benefits are prorated as described in Regulation .44C of this chapter.

Regulation .53 Restoration of Lost Benefits.Link Copy Citation

HTML · MD · XML

The local department shall restore lost benefits when:

(1)

An error is caused by the local department or by the Social Security Administration during joint processing; or

(2)

An administrative disqualification is subsequently reversed by a court decision.

The local department may not restore benefits for more than 12 months before the earlier of the date that the local department:

(1)

Receives a request for restoration from a household; or

(2)

Discovers or is notified that a loss of benefits has occurred.

The local department may not restore lost benefits for a household's:

(1)

Failure to file a timely recertification application;

(2)

Missing an interview; or

(3)

Otherwise not completing some aspect of the recertification process.

The local department shall restore benefits described in §A of this regulation even if the household is currently ineligible.

If the local department knows that the household is entitled to restoration of benefits, the local department shall automatically restore them without requiring further action by the household.

If the household was eligible but received an incorrect allotment, the loss of benefits may be only for those months in which the household participated.

If the loss was caused by incorrect delay, denial, or termination, the household's lost benefits shall be calculated beginning with the first month that the delay, denial, or termination occurred, but not for more than 12 months.

After the local department computes the date the loss initially occurred, the loss shall be calculated for each month after the date until either the:

(1)

Error is corrected; or

(2)

Household is found ineligible for any reason.

For each month affected by the loss, the local department shall:

(1)

Determine if the household was actually eligible;

(2)

Advise the household if the case record cannot document eligibility; and

(3)

Consider the household ineligible if the household cannot establish eligibility.

If the household received a smaller allotment than it was eligible to receive, the local department shall restore the difference between the actual and the correct allotment.

The local department shall offset restored benefits against any overissued benefits owed by the household, except that an initial allotment may not be reduced to offset claims even if the initial allotment is paid retroactively.

If the decision to disqualify is subsequently reversed, individuals disqualified for IPV are entitled to restoration of lost benefits during the months that they were disqualified. The amount to be restored is determined by including the disqualified member.

Method of Restoration.

(1)

The local department shall restore lost benefits by issuing an allotment equal to the amount of lost benefits.

(2)

Lost benefits may be issued in installments at the household's request.

The local department shall notify the household in writing of:

(1)

The favorable decision;

(2)

The amount of benefits to be restored;

(3)

Any offsetting that was done;

(4)

The method of restoration; and

(5)

The right to and the method for requesting a fair hearing.

The local department shall restore benefits to:

(1)

The household that contains a majority of the individuals who were household members at the time the loss occurred; or

(2)

If this household cannot be located, the household containing the head of the household at the time the loss occurred.

Disputed Benefits. If the household disagrees with the amount restored or the household requests restoration of lost benefits and the local department determines that no restoration is due:

(1)

The household has 90 days from the date the notice described in §N of this regulation is sent to request a fair hearing; and

(2)

If the fair hearing decision is favorable to the household, the local department shall restore benefits in accordance with the decision.

Regulation .54 Establishing a Claim for Overissued or Trafficked Benefits.Link Copy Citation

HTML · MD · XML

A recipient claim is an amount owed because of benefits that are:

(1)

Overpaid; or

(2)

Trafficked.

The local department shall establish and collect a claim in accordance with this regulation and Regulation .55 of this chapter, regardless of whether the local department meets the timeframe described in §I(1) of this regulation.

The following individuals are responsible for paying a claim:

(1)

Any individual who was an adult member of the household when the overpayment or trafficking occurred;

(2)

A sponsor of an immigrant household member if the sponsor was at fault; or

(3)

An individual connected to the household, such as an authorized representative, who actually trafficked or otherwise caused an overpayment.

The local department shall establish a claim against a household that has received more Program benefits than it was entitled to receive, except when the overissuance occurred because the:

(1)

Local department failed to ensure that the household:

(a)

Signed the application form,

(b)

Completed a current work registration form, or

(c)

Was certified in the correct local department area; or

(2)

Local department discovered the administrative error or inadvertent household error that caused the overissuance more than 12 months after the month of the occurrence.

The local department shall categorize claims as an:

(1)

Administrative error (AE);

(2)

Inadvertent household error (IHE); or

(3)

Intentional program violation (IPV).

Beginning with the date of the discovery of the overissuance, the local department shall include in its calculation of the amount of overissuance any issuance for the:

(1)

12 preceding months, in the case of an AE or an IHE; and

(2)

6 preceding years, in the case of an IPV.

Calculating the Amount of a Claim not Related to Trafficking.

(1)

The local department shall determine the correct allotment that the household was entitled to receive in each month in the periods described in §E of this regulation.

(2)

The overissued amount is the difference between the allotment the household received and the amount it would have received if information had been known and acted on in a timely manner.

(3)

The earned income deduction as set forth in Regulation .32 of this chapter is not applied when determining an overissuance due to the failure of a household to report earned income in a timely manner.

(4)

The first month of the overissuance:

(a)

Is the month:

(i)

In which the change in allotment would have been effective had it been reported; or

(ii)

The local department should have effected a change in the allotment had it acted in a timely manner; and

(b)

May not be later than 2 months from the month in which the change in household circumstances occurred.

Trafficking Related Claims. A claim arising from a trafficking related offense is the value of the trafficked benefit as determined by:

(1)

The individual's admission;

(2)

Adjudication; or

(3)

The documentation that forms the basis for the trafficking determination.

The local department:

(1)

Shall establish a claim before the last day of the quarter following the quarter in which the:

(a)

Overpayment was discovered; or

(b)

Trafficking incident was determined as described in §G of this regulation; and

(2)

Need not establish a claim if the claim referral is $125 or less, unless:

(a)

The household is currently participating in the Program; or

(b)

The claim was established in a quality control review.

Claim Processing. The local department shall initiate collection on all established claims unless the claim is collected through an offset of benefits not yet restored as required in Regulation .53 of this chapter.

The local department shall initiate collection action by sending a demand letter to the household which contains language stating:

(1)

The amount owed;

(2)

The reason for the claim;

(3)

The period the claim covers;

(4)

Any offsetting that was done to reduce the claim;

(5)

The methods available to the household for repaying the claim;

(6)

The household's right to a fair hearing, if the household disagrees with the amount of the claim;

(7)

Notice of the availability of free legal representation;

(8)

The length of time the household has to respond to the letter by returning the signed copy;

(9)

That allotment reduction shall be initiated if a participating household fails to make restitution, and the methods to be used in allotment reduction;

(10)

That the local department may reduce the claim if the local department believes the household is not able to repay the claim;

(11)

That if the claim is not paid, the local department may:

(a)

Send the claim to other collection agencies; or

(b)

Refer the claim to the federal government for federal collection action;

(12)

How the claim was calculated; and

(13)

That if the claim becomes delinquent as described in Regulation .55E of this chapter, the household may be subject to additional claim processing fees.

Repayment Agreements. A repayment agreement for a claim shall:

(1)

Include due dates for repayment or time frames for the submission of payments; and

(2)

Specify that the household will be subject to involuntary collection action if the payment is not received by the due date and the claim becomes delinquent as described in Regulation .55E of this chapter.

Regulation .55 Collection of a Claim.Link Copy Citation

HTML · MD · XML

The local department shall collect payment for a claim against a household as described in this regulation.

Lump Sum. The household may pay the claim in a lump sum that is a full or a partial payment of the claim made in:

(1)

Program benefits;

(2)

Cash; or

(3)

A combination of both.

Installments.

(1)

The household may choose monthly installments of a negotiated amount.

(2)

When a household is currently participating, the negotiated monthly amount for repayment may not be less than the amount specified in §D of this regulation.

Reduction in Allotment. Unless a payment schedule has been negotiated, the local department shall reduce the household's allotment to recover any amount of a claim not repaid through a lump sum as follows:

(1)

For an AE or IHE, an allotment reduction of the greater of $10 or 10 percent of the household's monthly allotment; or

(2)

For IPV, an allotment reduction of the greater of $20 or 20 percent of the household's monthly allotment.

Determining Delinquency.

(1)

A claim is considered delinquent if:

(a)

The claim has not been paid by the due date and a satisfactory payment arrangement has not been made; or

(b)

A payment agreement has been established and a scheduled payment has not been made by the due date.

(2)

A claim is not considered delinquent if:

(a)

Another claim for the same household is currently being paid through an installment agreement or allotment reduction;

(b)

The local department cannot determine delinquency status because collection is coordinated through the courts; or

(c)

The claim is awaiting fair hearing decision.

Treasury Offset Program. The local department or the Department of Budget and Management, Central Collection Unit, shall submit claims that are delinquent for 180 days or more and legally enforceable for collection from federal payments which include, but are not limited to:

(1)

Income tax refunds;

(2)

Federal salaries; or

(3)

Retirement benefits.

Local Department Action on Claims.

(1)

The local department shall:

(a)

Send a demand letter for repayment as described in Regulation .54K of this chapter; and

(b)

Reduce the allotment as described in §D of this regulation for a household that is participating in the Program.

(2)

If a household responds to the demand letter, but fails to comply with its repayment agreement according to §C of this regulation, the local department shall:

(a)

Send a notice that no payment or a lesser payment was received and that:

(i)

The household has a right to discuss renegotiation, and

(ii)

Unless the household makes the overdue payments or contacts the local department, the allotment of a currently participating household against which a claim has been established may be reduced without an adverse action notice;

(b)

Initiate allotment reduction for currently participating households if there is no response to the notice; and

(c)

Take no further action if the household responds to the notice and makes a payment and states that it will continue to do so based on the existing agreement.

(3)

The local department shall repay to the household any overpaid claims by whatever method the local department considers appropriate, according to the household's circumstances.

(4)

The local department may choose other appropriate collection action, including referral to the Department of Budget and Management, Central Collection Unit when efforts by the local department have failed.

(5)

The local department may not require the household to liquidate its resources to make the repayment.

Terminating and Writing Off Claims.

(1)

Definitions. In this section, the following terms have the meanings indicated:

(a)

“Terminated claim” means a claim in which all collection action has ceased.

(b)

“Written off claim” means the claim is no longer subject to continued federal or State collection and reporting requirements.

(2)

The local department shall terminate and write off a claim when:

(a)

The claim is invalid;

(b)

All adult household members die;

(c)

It is not cost effective to pursue the claim because:

(i)

The claim balance is $25 or less;

(ii)

The claim has been delinquent for 90 days or more; and

(iii)

There are no other claims against the household resulting in a total of greater than $25; or

(d)

The claim is delinquent for 3 years or more and the local department or the Department of Budget and Management, Central Collection Unit, does not plan to pursue the claim through the Treasury Offset Program as described in §F of this regulation.

(3)

The local department may terminate and write off a claim if the household cannot be located.

Changes in Household Composition.

(1)

The local department shall initiate collection action against any adult members of a household at the time an overissuance occurred.

(2)

In pursuing a claim, a local department may:

(a)

Pursue collection action against any household that has an adult member that received the overissuance;

(b)

Offset an amount of the claim against restored benefits owed to any household which contains an adult member of the original household at the time the overissuance occurred;

(c)

Use any of the appropriate methods of collecting payments listed in §§B—F of this regulation; and

(d)

Not collect more than the amount of the claim.

Regulation .56 Disqualification for Intentional Program Violation (IPV).Link Copy Citation

HTML · MD · XML

The local department shall investigate and refer any suspected cases of an IPV for an administrative disqualification hearing according to COMAR 07.03.10.

Regulation .57 Replacement and Use of Program Benefits.Link Copy Citation

HTML · MD · XML

The local department may replace Program benefits when food purchased with Program benefits has been destroyed in a verified household misfortune.

A household may use Program benefits to purchase eligible foods as described in Regulation .02B of this chapter or to enable the household to participate in a nonprofit cooperative or a meal service.

A household may not use Program benefits to buy:

(1)

Alcoholic beverages;

(2)

Tobacco or cigarettes;

(3)

Household supplies, soaps, and paper products;

(4)

Medicine or vitamins;

(5)

Any other non-food items;

(6)

Food that will be eaten in the store;

(7)

Hot foods that are ready to eat unless bought from an authorized homeless meal provider in accordance with Regulation .59 of this chapter; or

(8)

Pet food.

The retail food store may:

(1)

Request the purchaser to present identification when exchanging Program benefits for eligible food; and

(2)

Deny the exchange if the retail food store is not convinced the purchaser has the right to use the Program benefits.

The household may use benefits only for eligible food purchased at the time the benefits are presented.

A household may not use benefits to pay for any eligible food before receipt except when prior payment is for food purchased from a nonprofit cooperative or meal service.

Regulation .58 Appeals and Complaints.Link Copy Citation

HTML · MD · XML

Appeals.

(1)

The local department shall give written notice of the right to, and the procedures for, requesting and obtaining a fair hearing to each applicant, recipient, household, or authorized representative:

(a)

At the time of application; and

(b)

Whenever the local department notifies the applicant or recipient of any action which might deny, delay, suspend, reduce, or terminate benefits.

(2)

The appeal procedures are set forth in COMAR 07.01.04.

Complaints of Discrimination. An applicant, recipient, household, authorized representative, or individual acting on behalf of a client who believes the local department has discriminated on the basis of age, race, color, sex, disability, religion, national origin, retaliation, or political beliefs may file a written complaint in accordance with COMAR 07.01.03.08.

Regulation .59 Meal Providers for the Homeless.Link Copy Citation

HTML · MD · XML

Approval and Authorization of Homeless Meal Providers.

(1)

To accept Program benefits in payment for meals, the homeless meal provider shall be approved by the local department and authorized by the United States Department of Agriculture, Food and Nutrition Service (FNS).

(2)

The local department shall approve in writing the establishment or shelter as a homeless meal provider upon evidence that the establishment or shelter serves meals to homeless individuals.

(3)

An approved homeless meal provider shall apply to the FNS local field office for authorization as a retail food store in order to accept Program benefits from homeless individuals. The requirements for approval are as follows:

(a)

Provide to the FNS the written approval received from the local department;

(b)

Be a public or private nonprofit organization as defined by the Internal Revenue Code;

(c)

Serve meals which include food purchased by the meal provider; and

(d)

Provide all data on the nature and scope of operations that may be requested by the FNS.

In this regulation, average cost is determined by averaging food costs over a period of up to 1 calendar month.

After receipt of the FNS authorization, the authorized homeless meal provider shall:

(1)

Request only voluntary use of Program benefits from a homeless FSP patron;

(2)

Establish that the FSP patron is homeless and thus has the right to purchase meals from an authorized homeless meal provider with Program benefits;

(3)

Limit the payment requested for the meal to not exceed the average cost of the food purchased by the homeless meal provider; and

(4)

Provide the option to a FSP patron to eat free or make a donation in cash or Program benefits if other patrons have the option of eating free or making a monetary donation.

The meal provider may accept voluntary payments by Program recipients in excess of average cost.

Exclusion of Costs. To determine the amount to be requested from the Program recipient, the meal provider may not consider:

(1)

The value of donated food from any source; or

(2)

Indirect costs, such as those incurred in the acquisition, storage, or preparation of the food used in meals.

A homeless meal provider may not act as an authorized representative for a homeless Program recipient.

Regulation .60 Maryland Senior Nutrition Assistance Program.Link Copy Citation

HTML · MD · XML

The Maryland Senior Nutrition Assistance Program (MSNAP) is a 5-year demonstration project approved by the United States Department of Agriculture Food and Nutrition Service.

Household Composition. The definition of a household eligible to participate in this project is an individual who the Social Security Administration has determined is eligible for SSI, and:

(1)

Is 60 years old or older;

(2)

Is not currently receiving Food Supplement Program benefits;

(3)

Is living alone or if living with others is purchasing and preparing meals alone;

(4)

Has no earned income; and

(5)

Is a Maryland resident.

Application Process.

(1)

The Department shall:

(a)

Identify individuals eligible for the MSNAP through a match with Social Security Administration files that identify individuals who meet the MSNAP criteria, but who are not receiving Program benefits; and

(b)

Send an application to households that meet the criteria as described in §B of this regulation.

(2)

The local department shall process applications without an interview unless information is questionable as described in Regulation .20 G of this chapter, in which case a case manager shall complete a telephone interview.

(3)

Benefits begin the first day of the month in which the local department receives the MSNAP application.

(4)

An individual may not apply for MSNAP unless identified as described in §C(1)(a) of this regulation.

(5)

The expedited service provisions of Regulation .19 of this chapter do not apply to applicants for MSNAP.

Certification Period. The local department shall certify the household for 36 months.

Verification.

(1)

MSNAP income verification requirements will be fulfilled by using data verified under SSI regulations.

(2)

Unless information is questionable as described in Regulation .20G, the local department may not verify shelter costs.

Allotment Amount.

(1)

The allotment amount is one of two amounts based on the household’s shelter cost, including the appropriate utility allowance, as described in Regulation .45G and H of this chapter.

(2)

The allotment for a household with a shelter cost of $505 or less is $80.

(3)

The allotment for a household with a shelter cost of $506 or greater is $125.

Reporting Changes. The local department:

(1)

May not require an individual who receives MSNAP benefits to report changes during the certification period; and

(2)

Shall take action on changes reported:

(a)

Through a data match with Social Security Administration files; or

(b)

By the household.

Opt Out Provision. MSNAP applicants may apply for the regular Food Supplement Program instead of the MSNAP.

Regulation .61 Maryland Restaurant Meals Program.Link Copy Citation

HTML · MD · XML

Purpose. The Maryland Restaurant Meals Program provides elderly, disabled, and homeless SNAP recipients with the option to use their benefits to purchase hot, prepared foods from restaurants that have been approved by the Administration to participate in the program.

Definitions.

(1)

In this regulation, the following terms have the meanings indicated.

(2)

Terms Defined.

(a)

“Administration” means the Family Investment Administration of the Department of Human Services.

(b)

“FNS” means the United States Department of Agriculture Food Nutrition Service.

(c)

“MOU” means memorandum of understanding.

(d)

“Program” means the Restaurant Meals Program.

(e)

“Restaurant” is defined as a private for-profit establishment where meals are sold and served to customers, including in store delis or delicatessens and food trucks.

The Restaurant Application Process.

(1)

A restaurant shall submit a complete Restaurant Meals Program application to the Administration.

(2)

A complete Program application shall include:

(a)

A completed MOU form; and

(b)

A completed U.S. Department of Agriculture Supplemental Nutrition Assistance Program Application for Meal Services form.

(3)

Once an application is received by the Administration, the Administration shall review a restaurant’s application for completion and accuracy.

(4)

Incomplete Application.

(a)

The Administration will notify the applicant of all missing information by issuing a request for additional information within 30 days of application receipt.

(b)

If the applicant does not provide the requested information within 10 calendar days from the date of a request for information, the Administration shall deny the application.

(5)

Once the Administration determines an application is accurate and complete, it will forward the application to FNS for review and authorization.

(6)

If FNS does not authorize the restaurant to accept SNAP benefits, the Administration shall deny the application.

(7)

If FNS does authorize the restaurant to accept SNAP benefits:

(a)

The effective date of the MOU will be the date FNS provides its authorization for the restaurant;

(b)

The Administration shall insert the effective date on the MOU, which will then execute the MOU; and

(c)

The executed MOU will be mailed to the restaurant.

Participating restaurants:

(1)

Shall have an executed MOU with the Administration. One MOU may be executed for restaurants applying for multiple locations, provided that all restaurants are under the same ownership or structure;

(2)

Shall be authorized by FNS;

(3)

Shall offer meals at concessional prices by:

(a)

Serving meals that cost less than that which would be charged to customers not using SNAP benefits with a sales price at least 10 percent less than the sales price charged to customers who are not using SNAP benefits to pay for similar meals;

(b)

Serving meals already discounted for certain customers; or

(c)

Serving meals offered to all customers at advertised special or sale prices;

(4)

Shall be fully accessible to the disabled;

(5)

Shall have more than 50 percent of total sales in food;

(6)

May not be set exclusively for carry-out;

(7)

Shall collect SNAP benefits at the time of meal delivery;

(8)

May not be operating as a bar or tavern;

(9)

Shall post a sign notifying the public of the restaurant’s participation in the program;

(10)

May not charge, include, or otherwise collect a service gratuity for any food or meals sold to an individual participating in the program;

(11)

May not charge, include, or otherwise collect a sales or meals tax for any food or meal sold to an individual participating in the program; and

(12)

May not allow individuals participating in the program to purchase alcoholic beverages with SNAP benefits.

Household Eligibility.

(1)

An eligible household under this section may purchase hot, prepared foods at participating restaurants using SNAP benefits.

(2)

A household is eligible to participate in the RMP if the household is eligible to receive food supplement program benefits under State and federal law, and the household:

(a)

Lacks a fixed, regular, and adequate nighttime residence;

(b)

Includes only individuals who are:

(i)

60 years old or older; or

(ii)

Designated disabled by a government entity;

(c)

Includes only an individual and the individual's spouse if the individual is:

(i)

60 years old or older; or

(ii)

Designated disabled by a government entity; or

(d)

Includes only:

(i)

Individuals who are 60 years old or older; and

(ii)

Individuals who are designated disabled by a government entity.

(3)

Determining Household Eligibility. The Administration shall review a household for program eligibility:

(a)

During the initial application for SNAP benefits; and

(b)

Each time the house is recertified or reporting a change.

(4)

Notification of Household Eligibility.

(a)

The Administration shall notify the household of its program eligibility.

(b)

The Administration shall notify the household if its program eligibility is discontinued and the reason for the discontinuation.

(5)

Fair Hearing Process.

(a)

The Administration shall provide notification of the right to and the procedures for requesting and obtaining a fair hearing to each applicant or recipient whenever the Administration notifies the applicant or recipient of any action which might deny, delay, suspend, reduce, or terminate assistance.

(b)

The appeal procedures are set forth in COMAR 07.01.04.

Chapter annotations

Authority: Human Services Article, §§5-207, 5-501, and 5-604; State Government Article, §8-206; Annotated Code of Maryland
Federal Regulatory Reference—7 CFR §§271—274

History: Effective date: May 16, 1988 (15:10 Md. R. 1200)

History: Regulation .02B amended effective November 14, 1988 (15:23 Md. R. 2657); November 20, 1994 (21:23 Md. R. 1931); January 2, 1995 (21:26 Md. R. 2184); July 31, 1995 (22:15 Md. R. 1118); July 23, 2001 (28:14 Md. R. 1320)

History: Regulation .03A amended effective November 14, 1988 (15:23 Md. R. 2657); November 20, 1994 (21:23 Md. R. 1931); January 2, 1995 (21:26 Md. R. 2184)

History: Regulation .03A-1 adopted effective July 31, 1995 (22:15 Md. R. 1118)

History: Regulation .03B amended effective November 20, 1994 (21:23 Md. R. 1931)

History: Regulation .03D amended effective July 31, 1995 (22:15 Md. R. 1118)

History: Regulation .03E amended effective November 20, 1994 (21:23 Md. R. 1931)

History: Regulation .04I adopted effective November 20, 1994 (21:23 Md. R. 1931)

History: Regulation .06D amended effective November 20, 1994 (21:23 Md. R. 1931)

History: Regulation .06F adopted effective November 14, 1988 (15:23 Md. R. 2657)

History: Regulation .07A amended effective May 1, 1989 (16:8 Md. R. 908)

History: Regulation .07B amended effective October 1, 1995 (22:18 Md. R. 1398)

History: Regulation .07C amended effective May 1, 1989 (16:8 Md. R. 908); May 23, 1994 (21:10 Md. R. 842); November 20, 1994 (21:23 Md. R. 1931); January 2, 1995 (21:26 Md. R. 2184)

History: Regulation .07J amended effective November 20, 1994 (21:23 Md. R. 1931); January 2, 1995 (21:26 Md. R. 2184)

History: Regulation .07K amended effective January 2, 1995 (21:26 Md. R. 2184)

History: Regulation .07N adopted effective October 1, 1995 (22:18 Md. R. 1398)

History: Regulation .08B amended as an emergency provision effective July 1, 1989 (16:14 Md. R. 1563); emergency status expired January 1, 1990 (Emergency provisions are temporary and not printed in COMAR)

History: Regulation .08B amended effective January 22, 1990 (17:1 Md. R. 68); July 31, 1995 (22:15 Md. R. 1118)

History: Regulation .08E amended effective July 31, 1995 (22:15 Md. R. 1118)

History: Regulation .09A amended effective July 31, 1995 (22:15 Md. R. 1118)

History: Regulation .10D-1 adopted effective October 1, 1996 (23:19 Md. R. 1373)

History: Regulation .10F amended effective January 2, 1995 (21:26 Md. R. 2184); October 1, 1995 (22:18 Md. R. 1398)

History: Regulation .10G amended effective January 2, 1995 (21:26 Md. R. 2184)

History: Regulation .10H amended effective November 20, 1994 (21:23 Md. R. 1931)

History: Regulation .10J amended effective May 1, 1989 (16:8 Md. R. 908); November 20, 1994 (21:23 Md. R. 1931); January 2, 1995 (21:26 Md. R. 2184)

History: Regulation .11A amended effective November 14, 1988 (15:23 Md. R. 2657)

History: Regulation .14A, C amended effective October 1, 1995 (22:18 Md. R. 1398)

History: Regulation .15C amended effective May 1, 1989 (16:8 Md. R. 908)

History: Regulation .16D amended effective November 14, 1988 (15:23 Md. R. 2657)

History: Regulation .18 repealed and new Regulation .18 adopted effective April 2, 1990 (17:6 Md. R. 740)

History: Regulation .19B amended effective November 14, 1988 (15:23 Md. R. 2657)

History: Regulation .19F amended effective November 14, 1988 (15:23 Md. R. 2657)

History: Regulation .23 adopted effective November 14, 1988 (15:23 Md. R. 2657)

History: Regulation .24 adopted effective February 20, 1989 (16:3 Md. R. 341)

History: Chapter revised effective September 22, 1997 (24:19 Md. R. 1339)

History: Regulation .03 amended effective January 26, 1998 (25:2 Md. R. 75)

History: Regulation .07C, G amended effective January 26, 1998 (25:2 Md. R. 75)

History: Regulation .14A amended effective January 26, 1998 (25:2 Md. R. 75)

History: Regulations .01—.24 repealed and new Regulations .01—.59 adopted effective December 25, 2000 (27:25 Md. R. 2280)

History: Chapter revised effective July 23, 2001 (28:14 Md. R. 1320)

History: Regulation .09 amended as an emergency provision effective November 1, 2001 (28:24 Md. R. 2122); amended permanently effective March 18, 2002 (29:5 Md. R. 502)

History: Regulation .09 amended effective November 25, 2002 (29:23 Md. R. 1810); April 1, 2003 (30:6 Md. R. 419); October 27, 2003 (30:21 Md. R. 1528)

History: Regulation .19 amended effective November 25, 2002 (29:23 Md. R. 1810)

History: Regulation .20 amended effective October 27, 2003 (30:21 Md. R. 1528)

History: Regulation .20G adopted as an emergency provision effective November 1, 2001 (28:24 Md. R. 2122); amended permanently effective March 18, 2002 (29:5 Md. R. 502)

History: Regulation .21A amended effective October 27, 2003 (30:21 Md. R. 1528)

History: Regulation .22 amended effective October 27, 2003 (30:21 Md. R. 1528)

History: Regulation .23 amended as an emergency provision effective November 1, 2001 (28:24 Md. R. 2122); amended permanently effective March 18, 2002 (29:5 Md. R. 502)

History: Regulation .24 amended effective October 27, 2003 (30:21 Md. R. 1528)

History: Regulation .25 amended effective November 25, 2002 (29:23 Md. R. 1810)

History: Regulation .26 amended as an emergency provision effective November 1, 2001 (28:24 Md. R. 2122); amended permanently effective March 18, 2002 (29:5 Md. R. 502)

History: Regulation .26C amended effective April 1, 2003 (30:6 Md. R. 419)

History: Regulation .27 amended as an emergency provision effective November 1, 2001 (28:24 Md. R. 2122); amended permanently effective March 18, 2002 (29:5 Md. R. 502)

History: Regulation .27 amended effective October 27, 2003 (30:21 Md. R. 1528)

History: Regulation .28 repealed and new Regulation .28 adopted as an emergency provision effective November 1, 2001 (28:24 Md. R. 2122); adopted permanently effective March 18, 2002 (29:5 Md. R. 502)

History: Regulation .30B amended effective October 27, 2003 (30:21 Md. R. 1528)

History: Regulation .30C amended as an emergency provision effective November 1, 2001 (28:24 Md. R. 2122); amended permanently effective March 18, 2002 (29:5 Md. R. 502)

History: Regulation .30C, D amended effective October 27, 2003 (30:21 Md. R. 1528)

History: Regulation .31 amended effective October 27, 2003 (30:21 Md. R. 1528)

History: Regulation .38C amended as an emergency provision effective November 1, 2001 (28:24 Md. R. 2122); amended permanently effective March 18, 2002 (29:5 Md. R. 502)

History: Regulation .40 amended as an emergency provision effective November 1, 2001 (28:24 Md. R. 2122); amended permanently effective March 18, 2002 (29:5 Md. R. 502)

History: Regulation .45 amended as an emergency provision effective November 1, 2001 (28:24 Md. R. 2122); amended permanently effective March 18, 2002 (29:5 Md. R. 502)

History: Regulation .45 amended effective November 25, 2002 (29:23 Md. R. 1810); February 17, 2003 (30:3 Md. R. 177); April 1, 2003 (30:6 Md. R. 419)

History: Regulation .46 amended as an emergency provision effective November 1, 2001 (28:24 Md. R. 2122); amended permanently effective March 18, 2002 (29:5 Md. R. 502)

History: Regulation .46E, F amended effective February 17, 2003 (30:3 Md. R. 177)

History: Regulation .47 amended as an emergency provision effective November 1, 2001 (28:24 Md. R. 2122); amended permanently effective March 18, 2002 (29:5 Md. R. 502)

History: Regulation .47A amended effective October 27, 2003 (30:21 Md. R. 1528)

History: Regulation .47A, B amended effective April 1, 2003 (30:6 Md. R. 419)

History: Regulation .48 amended effective October 27, 2003 (30:21 Md. R. 1528)

History: Regulation .48B amended effective April 1, 2003 (30:6 Md. R. 419)

History: Regulation .49A amended effective October 27, 2003 (30:21 Md. R. 1528)

History: Regulation .49H adopted effective February 17, 2003 (30:3 Md. R. 177)

History: Regulation .51A amended effective February 17, 2003 (30:3 Md. R. 177)

History: Chapter revised effective September 12, 2005 (32:18 Md. R. 1518)

History: Regulation .04C amended effective October 24, 2005 (32:21 Md. R. 1706)

History: Regulation .15B-1 adopted effective November 19, 2007 (34:23 Md. R. 2026)

History: Regulation .23B amended effective November 19, 2007 (34:23 Md. R. 2026)

History: Regulation .24A amended effective November 19, 2007 (34:23 Md. R. 2026)

History: Regulation .30D amended effective November 19, 2007 (34:23 Md. R. 2026)

History: Regulation .38B amended effective November 19, 2007 (34:23 Md. R. 2026)

History: Regulation .45 amended effective November 19, 2007 (34:23 Md. R. 2026)

History: Regulation .46E amended effective November 19, 2007 (34:23 Md. R. 2026)

History: Regulation .47A amended effective November 19, 2007 (34:23 Md. R. 2026)

History: Chapter revised effective December 14, 2009 (36:25 Md. R. 1953)

History: Regulation .02B amended effective November 15, 2010 (37:23 Md. R. 1609)

History: Regulation .15 amended effective November 15, 2010 (37:23 Md. R. 1609)

History: Regulation .23 amended effective November 15, 2010 (37:23 Md. R. 1609)

History: Regulation .30B, C amended effective June 22, 2015 (42:12 Md. R. 761)

History: Regulation .32 amended effective June 22, 2015 (42:12 Md. R. 761)

History: Regulation .39B amended effective June 22, 2015 (42:12 Md. R. 761)

History: Regulation .45 amended effective November 15, 2010 (37:23 Md. R. 1609)

History: Regulation .49H amended effective November 15, 2010 (37:23 Md. R. 1609)

History: Regulation .56 amended effective May 12, 2014 (41:9 Md. R. 520)

History: Regulation .60 adopted effective November 15, 2010 (37:23 Md. R. 1609)

History: Regulation .61 adopted effective July 16, 2020 (47:14 Md. R. 674)

Chapter 17. Food Supplement Program

Regulation .01 Purpose.LinkCopy Citation

Regulation .02 Definitions.LinkCopy Citation

Regulation .03 Household Composition.LinkCopy Citation

Regulation .04 Ineligible Household Members.LinkCopy Citation

Regulation .05 Boarders.LinkCopy Citation

Regulation .06 Residents of Institutions.LinkCopy Citation

Regulation .07 Work Striker.LinkCopy Citation

Regulation .08 Residency.LinkCopy Citation

Regulation .09 Citizenship and Immigrant Status.LinkCopy Citation

Regulation .09-1 Immigrant Sponsored under an Affidavit of Support.LinkCopy Citation

Regulation .10 Students.LinkCopy Citation

Regulation .11 Social Security Number.LinkCopy Citation

Regulation .12 Categorical Eligibility.LinkCopy Citation

Regulation .13 Head of Household.LinkCopy Citation

Regulation .14 Filing an Application for the Program.LinkCopy Citation

Regulation .15 Interview.LinkCopy Citation

Regulation .16 Notices to Applicants.LinkCopy Citation

Regulation .17 Household Cooperation.LinkCopy Citation

Regulation .18 Delays in the Application Process.LinkCopy Citation

Regulation .19 Expedited Service.LinkCopy Citation

Regulation .20 Verification.LinkCopy Citation

Regulation .21 Work Requirements.LinkCopy Citation

Regulation .22 Failure to Comply with Work Requirements.LinkCopy Citation

Regulation .23 Work Requirement for Able-Bodied Adults Without Dependents.LinkCopy Citation

Regulation .24 Voluntary Quit and Reduction of Work Effort.LinkCopy Citation

Regulation .25 Resource Eligibility.LinkCopy Citation

Regulation .26 Included Resources.LinkCopy Citation

Regulation .27 Excluded Resources.LinkCopy Citation

Regulation .28 Vehicles.LinkCopy Citation

Regulation .29 Transfer of Resources.LinkCopy Citation

Regulation .30 Income.LinkCopy Citation

Regulation .31 Educational Assistance.LinkCopy Citation

Regulation .32 Earned Income and Self-Employment Deductions.LinkCopy Citation

Regulation .33 Medical Expenses.LinkCopy Citation

Regulation .34 Dependent Care Expenses.LinkCopy Citation

Regulation .35 Child Support Deduction.LinkCopy Citation

Regulation .36 Homeless Shelter Allowance.LinkCopy Citation

Regulation .37 Shelter Costs.LinkCopy Citation

Regulation .38 Utility Expenses.LinkCopy Citation

Regulation .39 Self-Employment Income.LinkCopy Citation

Regulation .40 Income and Resources of an Ineligible Household Member.LinkCopy Citation

Regulation .41 Failure to Comply with Another Assistance Program's Requirements.LinkCopy Citation

Regulation .42 Income Eligibility Standards.LinkCopy Citation

Regulation .43 Calculation of Household Net Monthly Income.LinkCopy Citation

Regulation .44 Calculation of the Allotment.LinkCopy Citation

Regulation .45 Schedules for Income and Deductions.LinkCopy Citation

Regulation .46 Certification Actions and Certification Period Length.LinkCopy Citation

Regulation .47 Changes in Household Circumstances.LinkCopy Citation

Regulation .48 Reporting Time Limits.LinkCopy Citation

Regulation .49 Local Department Action on Changes.LinkCopy Citation

Regulation .50 Failure to Report.LinkCopy Citation

Regulation .51 Adverse Action.LinkCopy Citation

Regulation .52 Recertification.LinkCopy Citation

Regulation .53 Restoration of Lost Benefits.LinkCopy Citation

Regulation .54 Establishing a Claim for Overissued or Trafficked Benefits.LinkCopy Citation

Regulation .55 Collection of a Claim.LinkCopy Citation

Regulation .56 Disqualification for Intentional Program Violation (IPV).LinkCopy Citation

Regulation .57 Replacement and Use of Program Benefits.LinkCopy Citation

Regulation .58 Appeals and Complaints.LinkCopy Citation

Regulation .59 Meal Providers for the Homeless.LinkCopy Citation

Regulation .60 Maryland Senior Nutrition Assistance Program.LinkCopy Citation

Regulation .61 Maryland Restaurant Meals Program.LinkCopy Citation

Regulation .01 Purpose.Link Copy Citation

Regulation .02 Definitions.Link Copy Citation

Regulation .03 Household Composition.Link Copy Citation

Regulation .04 Ineligible Household Members.Link Copy Citation

Regulation .05 Boarders.Link Copy Citation

Regulation .06 Residents of Institutions.Link Copy Citation

Regulation .07 Work Striker.Link Copy Citation

Regulation .08 Residency.Link Copy Citation

Regulation .09 Citizenship and Immigrant Status.Link Copy Citation

Regulation .09-1 Immigrant Sponsored under an Affidavit of Support.Link Copy Citation

Regulation .10 Students.Link Copy Citation

Regulation .11 Social Security Number.Link Copy Citation

Regulation .12 Categorical Eligibility.Link Copy Citation

Regulation .13 Head of Household.Link Copy Citation

Regulation .14 Filing an Application for the Program.Link Copy Citation

Regulation .15 Interview.Link Copy Citation

Regulation .16 Notices to Applicants.Link Copy Citation

Regulation .17 Household Cooperation.Link Copy Citation

Regulation .18 Delays in the Application Process.Link Copy Citation

Regulation .19 Expedited Service.Link Copy Citation

Regulation .20 Verification.Link Copy Citation

Regulation .21 Work Requirements.Link Copy Citation

Regulation .22 Failure to Comply with Work Requirements.Link Copy Citation

Regulation .23 Work Requirement for Able-Bodied Adults Without Dependents.Link Copy Citation

Regulation .24 Voluntary Quit and Reduction of Work Effort.Link Copy Citation

Regulation .25 Resource Eligibility.Link Copy Citation

Regulation .26 Included Resources.Link Copy Citation

Regulation .27 Excluded Resources.Link Copy Citation

Regulation .28 Vehicles.Link Copy Citation

Regulation .29 Transfer of Resources.Link Copy Citation

Regulation .30 Income.Link Copy Citation

Regulation .31 Educational Assistance.Link Copy Citation

Regulation .32 Earned Income and Self-Employment Deductions.Link Copy Citation

Regulation .33 Medical Expenses.Link Copy Citation

Regulation .34 Dependent Care Expenses.Link Copy Citation

Regulation .35 Child Support Deduction.Link Copy Citation

Regulation .36 Homeless Shelter Allowance.Link Copy Citation

Regulation .37 Shelter Costs.Link Copy Citation

Regulation .38 Utility Expenses.Link Copy Citation

Regulation .39 Self-Employment Income.Link Copy Citation

Regulation .40 Income and Resources of an Ineligible Household Member.Link Copy Citation

Regulation .41 Failure to Comply with Another Assistance Program's Requirements.Link Copy Citation

Regulation .42 Income Eligibility Standards.Link Copy Citation

Regulation .43 Calculation of Household Net Monthly Income.Link Copy Citation

Regulation .44 Calculation of the Allotment.Link Copy Citation

Regulation .45 Schedules for Income and Deductions.Link Copy Citation

Regulation .46 Certification Actions and Certification Period Length.Link Copy Citation

Regulation .47 Changes in Household Circumstances.Link Copy Citation

Regulation .48 Reporting Time Limits.Link Copy Citation

Regulation .49 Local Department Action on Changes.Link Copy Citation

Regulation .50 Failure to Report.Link Copy Citation

Regulation .51 Adverse Action.Link Copy Citation

Regulation .52 Recertification.Link Copy Citation

Regulation .53 Restoration of Lost Benefits.Link Copy Citation

Regulation .54 Establishing a Claim for Overissued or Trafficked Benefits.Link Copy Citation

Regulation .55 Collection of a Claim.Link Copy Citation

Regulation .56 Disqualification for Intentional Program Violation (IPV).Link Copy Citation

Regulation .57 Replacement and Use of Program Benefits.Link Copy Citation

Regulation .58 Appeals and Complaints.Link Copy Citation

Regulation .59 Meal Providers for the Homeless.Link Copy Citation

Regulation .60 Maryland Senior Nutrition Assistance Program.Link Copy Citation

Regulation .61 Maryland Restaurant Meals Program.Link Copy Citation