Maryland Administrative Code

.03 General Requirements. A. Both the child and the relative caregiver shall meet the eligibility requirements stated in Regulations .04 and .05 of this chapter, respectively; and (1) The child shall be placed with the relative caregiver for at least the last 6 consecutive months…

.04 General Eligibility Requirements for Child. A. A child committed to a local department or under a voluntary placement agreement with a local department shall be eligible for consideration to participate when: (1) As a result of a judicial determination that continuation in th…

.05 General Eligibility Requirements for Relative Caregiver. A. To be eligible for the guardianship assistance program, the relative caregiver shall: (1) Successfully complete the application requirements as set forth in §B of this regulation; (2) Be an approved resource or forma…

.06 Title IV-E Guardianship Assistance Eligibility Criteria. A. To be eligible for the Title IV-E guardianship assistance payment, both the child and the relative caregiver shall meet the eligibility requirements of this regulation. B. Child Eligibility. (1) To be eligible for th…

.07 State Guardianship Assistance Eligibility Criteria. A. To be eligible for the State guardianship assistance payment, both the child and the relative caregiver shall meet the eligibility requirements of this regulation. B. Child Eligibility. (1) Except as stated in §B(2) of th…

.08 Responsibilities of the Local Department. A. The local department shall ensure: (1) The child is under the age of 18 years old prior to being considered for the Guardianship Assistance Program; and (2) The child and relative caregiver are in agreement with the custody and gua…

.09 Relative Guardian Responsibilities. A. The relative guardian shall agree to: (1) Exercise primary care and supervision of the child or youth until the child or youth reaches 18 years old or up to 21 years old with continued eligibility as set forth in Regulation .11 of this c…

.10 Guardianship Assistance Benefits. A. The local department shall negotiate the monthly assistance amount for each eligible child or sibling. (1) The monthly guardianship assistance payment may not exceed 100 percent of the regular care board rate based on the child’s age as se…

.11 Continued Participation. A. The local department shall conduct a reconsideration of the guardianship assistance at least once every year until the guardianship assistance is terminated. B. The local department shall provide written notice to the relative guardian 60 days prio…

.12 Suspension of Assistance. A. The local department shall suspend the guardianship assistance when the: (1) Child is placed in foster care or another out of home setting with a plan of return home to the relative guardian; (2) Child is returned to the care of the birth parent w…

.13 Termination of Assistance. A. The local department shall terminate the guardianship assistance for the following reasons: (1) The youth reaches 18 years old and does not meet the continued eligibility criteria as set forth in Regulation .11 of this chapter; (2) The relative g…

.14 Appeal Rights. The local department, in accordance with COMAR 07.01.04, shall provide the opportunity for a fair hearing if guardianship assistance is: A. Denied; B. Suspended; C. Reduced; or D. Terminated for reasons other than: (1) The child reaches age 21; (2) The child di…

.01 Scope. A. The provisions of this chapter apply to: (1) Public Assistance to Adults as set forth in COMAR 07.03.07; (2) Temporary Disability Assistance Program as set forth in COMAR 07.03.05; (3) The Burial Assistance Program as set forth in COMAR 07.03.20; and (4) Emergency A…

.02 Definitions. A. In this chapter, the following terms have the meanings indicated. B. Terms Defined. (1) “Applicant” means an individual who has submitted an application for assistance directly or through the individual's authorized representative or, if incompetent or incapac…

.03 Application Process. A. An individual may choose which program to apply under. B. An individual requesting assistance, or on whose behalf a request is made, shall have the opportunity to file an application if the individual wishes. C. An interview that may be conducted over …

.04 Verification. A. The local department shall verify the following factors of eligibility: (1) Countable income; (2) Countable assets, except for the Temporary Cash Assistance Program, which does not consider assets and resources as part of the eligibility determination; (3) So…

.05 Applicant Cooperation; Refusal to Cooperate. A. The local department shall deny the application for refusal to cooperate if the applicant or recipient refuses to cooperate with the local department in completing the process described in Regulation .03 and .04 of this chapter.…

.06 Transfer of Property. A. An individual who transfers property to become eligible for assistance at any time within 3 months before filing application for assistance is ineligible. B. In determining whether or not the transfer was for the purpose of becoming eligible for benef…

.07 Institutions. A. In this regulation, the following terms have the meaning indicated: (1) “Public institution” means a place of residence which affords shelter or care to two or more individuals and which is operated and managed under public auspices, as evidenced by: (a) The …

.08 Decision on Application. A. The local department shall: (1) Make a decision as to payment of a benefit as promptly as possible, but not later than 30 days from the date of the first filing of the signed application, except as described in Regulation .09 of this chapter; (2) P…

.09 Delays in the Application Process. A. 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…

.10 Appeals and Complaints of Discrimination. A. Appeal of Local Department Decision. (1) The local department shall give written notice of the right to, and the procedures for requesting and obtaining, an administrative hearing to each applicant or recipient of benefits: (a) At …

.11 Case Record. A case record or other official records of the Department or local departments shall be maintained, including documentation or recording of the sources of verifications of all required elements of eligibility, to show accurately and completely that the requiremen…

.01 Purpose and Scope. A. Family Investment Programs. (1) The Family Investment Programs (FIP) provide assistance to individuals and families with children. The assistance program components under FIP include Welfare Avoidance Grants, Temporary Cash Assistance, Office of Home Ene…

.02 Definitions. A. In this chapter, the following terms have the meanings indicated. B. Terms Defined. (1) “Addictions specialist” means an individual who is licensed or certified by the Maryland Department of Health to screen, assess, and refer individuals to substance abuse tr…

.03 Family Investment Program Components. A. Eligible individuals may be referred to a program component during the application process described in Regulation .04 of this chapter. B. Welfare Avoidance Grant (WAG). (1) Individuals may not apply for a WAG. (2) A local department m…

.04 Application Process. A. Right to File. (1) An individual is entitled to file an application, and may be assisted by an individual of choice in the various aspects of the application process and the determination of eligibility. (2) A local department shall have available and …

.05 Decision on Application. A. The local department shall make a decision as to payment of cash assistance as promptly as possible but not later than 30 calendar days following the date the signed application for TCA is received in the local department. B. If the assistance unit…

.06 The Assistance Unit. A. The assistance unit includes all of the following individuals living in the same household: (1) A parent and all eligible children; (2) A parent or child of a minor parent; (3) All minor siblings related by blood, adoption, or marriage except those des…

.07 Eligibility Requirements. A. Citizenship and Immigration Status. (1) A TCA recipient shall be a: (a) U.S. citizen; or (b) Qualified immigrant as described in Regulation .02B of this chapter or otherwise permanently residing in the United States under color of law. (2) Qualifi…

.08 Long Term Disability. A. Impairment. (1) An otherwise eligible individual who is impaired and whose medical report shows an impairment of 12 months or more, or if less than 12 months the impairment will result in the individual's death, or a parent or caretaker relative on be…

.09 Substance Abuse Treatment, Services, and Sanction Requirements. A. Adult and minor parent applicants and recipients of TCA shall: (1) Be screened for substance abuse in the local department by the addictions specialist; and (2) Comply with assessment and treatment requirement…

.10 Child Support Requirements. A. As a condition of eligibility for TCA, the applicant or recipient shall: (1) File an application for child support enforcement services; (2) Assign to the State all right, title, and interest in support, for the period that the family receives T…

.11 Financial Eligibility. A. The assistance unit is not eligible for TCA if the total net income of the case calculated as described in Regulation .13 of this chapter is more than the allowable payment amount for the unit size as described in Regulation .17 of this chapter. B. W…

.12 Assets. The local department shall: A. Exclude assets of an individual when determining TCA eligibility; and B. Count the assets of a sponsor when determining TCA eligibility for a sponsored immigrant as described in Regulation .15C of this chapter.

.13 Income and Benefit Amount. A. Sources of Countable Income. (1) TCA income calculations apply to both members of an assistance unit and nonmembers whose income is countable to the assistance unit. (2) Each member of the assistance unit is considered to be a recipient of FIP ev…

.14 Lump Sum Income. A. Lump sum income is a nonrecurrent money payment received by the assistance unit. B. Lump sum income is calculated as follows: (1) Lump sum income is added to the sum of all other income for the month after work expenses and other disregards, as allowable, …

.15 Sponsored Qualified Immigrants. A. This regulation applies to qualified immigrants who are required by federal law to have a sponsor who has signed an I-864 Affidavit of Support. B. Countable Income of Sponsors. All monthly earned and unearned income of the sponsor and the sp…

.16 Method of Payment. A. Electronic Benefit Transfer. The Department of Human Services operates an electronic benefit transfer system in Maryland under agreement with the U.S. Department of Health and Human Services and pursuant to U.S. Department of Agriculture regulations. B. …

.17 Temporary Cash Assistance Schedule. Monthly Allowable Amounts to be Paid Effective October 1, 2008 Monthly Allowable Amounts to be Paid Effective November 1, 2013. Column B is based on household having zero income. A. Numberof Individualsin theAssistance Unit B. AllowableAmou…

.18 Reapplication, Changes, Timely and Adequate Notice. A. Reapplication. (1) The local department shall: (a) Assign a period of eligibility as described in Regulation .05D of this chapter, after which a new application is required; (b) Notify a recipient when a reapplication is …

.19 Conciliation, Sanctions, and Other Penalties. A. Conciliation Process. (1) Conciliation and sanction are applied to recipient assistance units only. (2) The local department shall allow one 30-day conciliation period for each recipient’s failure to comply with requirements fo…

.20 Time Limits. A. 24-Month Time Limit. (1) An adult parent receiving assistance shall engage in work, when appropriate child care is available, as defined by the local department of social services, at the earlier of when the: (a) Local department determines that the parent is …

.21 Payment Irregularities. Payment irregularities, which include overpayments, underpayments, fraud, and recoupment of funds, are handled according to COMAR 07.03.14.

.22 Quality Control Review. A. The Family Investment Administration shall review TCA cases. B. An individual who refuses to cooperate in the quality control review is subject to termination of cash assistance or service as provided in §D of this regulation. C. An individual whose…

.23 Appeals and Complaints of Discrimination. A. Agency Conference. A FIP recipient may request an agency conference to: (1) Obtain an explanation of the reasons for proposed actions; and (2) Present information to show that the proposed action is incorrect. B. Appeal of Local De…

.24 Appeal Procedure for Displaced Workers. A. In this regulation, the following terms have the meanings indicated: (1) “Displacement” means employing or assigning a subsidized participant when: (a) The employer has terminated the employment of an employee, or the employee's curr…