Maryland Administrative Code

.02 Definitions. A. In this chapter, the following terms have the meanings indicated. B. Terms Defined. (1) “Applicant” means an individual: (a) Who has submitted an application for assistance: (i) Directly; (ii) Through the individual's authorized representative; or (iii) If inc…

.03 Application. The application requirements for TDAP are set forth in COMAR 07.03.01.

.04 Technical Eligibility. A. An individual is eligible for TDAP if the individual is: (1) A United States citizen or legally admitted qualified alien; (2) A resident of Maryland and of the local department area at the time of application; (3) Unemployed; (4) Financially in need …

.05 Eligibility Determination. A. Medical Findings. (1) An individual shall provide, on the required State form, adequate medical findings to support the application for assistance. (2) If an individual does not have the resources to obtain necessary medical findings to verify th…

.06 Interim Assistance Reimbursement. A. Interim Payment Reimbursement Authorization. (1) If the individual is or becomes potentially eligible for receipt of SSI, the individual shall sign an interim payment reimbursement authorization which: (a) Permits the Social Security Admin…

.07 Financial Need. A. For purposes of TDAP eligibility, need exists if countable: (1) Resources do not exceed $1,500; and (2) Income does not exceed the allowable amount. B. Available resources and income are calculated on a current monthly basis. C. The allowable amount is $185…

.08 Resources. A. Availability of Resources. (1) Except as otherwise provided by this regulation, the local department shall consider all resources available to the individual. (2) If there is a potential resource, the individual, with the help of the local department as needed, …

.09 Treatment of Lump Sum Income. A. Lump sum income is a nonrecurring money payment. B. In determining eligibility, the portion of the lump sum actually available to an individual is counted as income in the following way: (1) The lump sum income is added to the sum of all other…

.10 Income. A. Availability of Income. (1) Except as otherwise provided by this regulation, all income actually at the disposal of the individual is considered available to the individual. (2) The individual, with the help of the local department as needed, shall: (a) Take all po…

.11 Delivery of Assistance. A. To the extent that resources and staff are available, the local department shall provide assistance in an amount up to $185, deducting the countable unearned income, to eligible individuals in accordance with this regulation. B. The local department…

.12 Changes Affecting the Case Status. A. An individual shall report to the local department any change in circumstances within 10 days of the onset of the change. B. If a change that may affect continuing eligibility or the delivery of assistance is reported or brought to the at…

.13 Payment Irregularities. Payment irregularities, which include overpayments, underpayments, and fraud, are handled according to COMAR 07.03.14.

.14 Appeals. A. The local department shall give written notification of the right to, and the procedures for requesting and obtaining, an administrative hearing to each individual at the time of application and whenever the local department notifies the individual of any action w…

.15 Fraud. A disqualification period of 36 months from the date of the conviction for fraud in a needs-based program shall be imposed on a convicted TDAP individual.

.16 Penalty Period. A. Except as otherwise provided in §D of this regulation, an eligible individual whose eligibility has been interrupted for failure to comply with any program requirement listed in §B of this regulation and who reapplies is ineligible until the individual comp…

.17 Capped Program Subject to Appropriation. A. If the Secretary of Human Services determines that the caseload of current TDAP recipients will exhaust the TDAP appropriation for any State fiscal year, the Secretary may take one or more of the following actions to insure that the…

.18 Transition from Transitional Emergency, Medical, and Housing Assistance (TEMHA) to TDAP. A. On the effective date of this chapter, individuals for whom a period of eligibility had been established under COMAR 07.06.05 shall continue that eligibility period until the: (1) Elig…

.01 Purpose and Scope. This chapter sets the eligibility criteria for payments of the Maryland Mandatory State Supplement to certain individuals and couples in the Supplemental Security Income program.

.02 Definitions. A. In this chapter, the following terms have the meanings indicated. B. Terms Defined. (1) “December 1973 income” means an amount equal to the total of: (a) The amount of cash assistance the individual or couple received for December 1973, under programs in the S…

.03 Administration of the Mandatory State Supplement. A. SSA administers the Mandatory State Supplement Program through an agreement with the State. B. SSA shall make the State supplemental payment.

.04 Eligibility for the State Supplement. An individual or couple is eligible each month beginning January 1974 for a State supplement under this chapter if the individual or couple: A. Is a resident of the State; B. Meets the SSI definition of aged, blind, or disabled in that mo…

.05 Limitations on Eligibility. SSA may not pay an individual or couple the State supplement in any month in which the individual or couple was ineligible to receive benefits under Title XVI according to 20 CFR §416.2040.

.06 Residency. A. An individual or couple may not receive the State supplement in any full month when the individual or couple is not a resident of Maryland as described in §B of this regulation. B. Residence. (1) A resident of the State is one who is living in the State voluntar…

.07 Amount of the State Supplement. The amount of the State supplement is the amount by which the individual's or couple's December 1973 income as defined in Regulation .02B(1) of this chapter exceeds the Title XVI benefits and other income as defined in Regulation .02B(2) of thi…

.08 Payment Irregularities. A. Overpayments. (1) Upon determination that an overpayment has been made, SSA shall make adjustments against future federally administered payments for which the individual is entitled. (2) The rules and requirements in effect for recovery of SSI bene…

.09 Termination of the Mandatory State Supplement. The State supplement shall end the earlier of: A. The month after the month of death; or B. The first month after the month in which the individual ceases to be an aged, blind, or disabled individual as defined in 20 CFR §416.202…

.10 Discrimination. Discrimination complaints shall be handled in accordance with COMAR 07.01.03.

.01 Purpose. Public Assistance to Adults is a monthly payment of State funds to an individual who has: A. Been certified for a licensed assisted living program, a CARE home, or a Maryland Department of Health (MDH) rehabilitative residence; and B. Allowable needs in excess of tot…

.02 Definitions. A. In this chapter, the following terms have the meanings indicated. B. Terms Defined. (1) “Allowable need” means any need as described in Regulation .04 of this chapter as licensed assisted living, Certified Adult Residential Environment (CARE) homes, and person…

.03 Eligibility Criteria. A. An individual is eligible when, in any month, the individual: (1) Is a resident of the State; (2) Is receiving a federal benefit for age, blindness, or disability; (3) If not receiving a federal retirement or disability benefit, has filed an applicati…

.04 Need Requirements. A. Personal Needs Allowance. (1) The standard for personal and incidental needs is $82 for an individual receiving Public Assistance to Adults for care in an assisted living program, CARE home, or MDH rehabilitative residence or supported living programs. (…

.05 Determining Available Resources. A. Resources Retained. (1) The Public Assistance to Adults applicant or recipient may retain up to $2,000 in countable resources. (2) To determine the individual's eligibility, the local department shall measure the individual's countable reso…

.06 Excluded Resources. A. Excluded resources include: (1) The value of burial spaces for the individual, the individual's spouse, or any member of the individual's immediate family; (2) Burial funds as described in §B of this regulation; (3) Irrevocable burial contracts as descr…

.07 Income. A. In this regulation, “income” means all income from any source. B. Countable income includes, but is not limited to: (1) Wages, salaries, tips, and commissions; (2) Income from self-employment after deducting costs of materials, equipment, or other items essential t…

.08 Disregards from Income. A. Net countable income is determined by applying the following disregards to countable income: (1) A disregard of $85 plus 1/2 of the remaining earned income in any month is deducted from the total earned income as described in Regulation .07B(1) and …

.09 Amount of Grant and Payee. A. The payment in Public Assistance to Adults, in any month, shall be the amount by which the allowable needs exceed the net countable income in that month. B. The payee shall be one of the following: (1) An eligible individual; (2) An agency-appoin…

.10 Reconsideration. A. The purpose of a reconsideration is to review all requirements for a Public Assistance to Adults grant in order to determine eligibility for continuing assistance and, if eligible, amount of assistance. B. Timing. Every case receiving assistance shall be r…

.11 Interim Change. A. The recipient shall report any change in circumstances to the local department within 10 days of the change. B. The local department shall: (1) Give, in writing or orally, information pertinent to the recipient's filing of a signed statement regarding the c…

.12 Advance Notice of Termination or Reduction. A. Except as expressly provided in §§C and D of this regulation, the local department may not reduce, suspend, or terminate a benefit unless timely and adequate advance notice has been given to the recipient. B. Except as expressly …

.13 Payment Irregularities. Payment irregularities which include overpayments, underpayments, fraud, and recoupment of funds are handled according to COMAR 07.03.14. Cross References 07.03.07.09F

.14 Replacement of Checks Lost, Stolen, or Not Received. A. The local department shall issue a new check to replace an assistance check that is lost, stolen, or not received if the: (1) Recipient notified the local department within 30 calendar days from the date the check was ma…

.15 Appeals and Complaints of Discrimination. A. Appeal from Local Department Decision. (1) The local department shall give written notification of the right to and the procedures for requesting and obtaining an administrative hearing to each applicant or recipient of public assi…

.01 Program Description. Emergency Assistance to Families with Children includes two categories of assistance: A. Cash Emergency Assistance to Families with Children that: (1) Satisfies the provisions of this chapter; (2) Meets the conditions of the local plan; and (3) Has been a…

.02 Cash Emergency Assistance to Families with Children. A. The local department may give Cash Emergency Assistance to Families with Children when: (1) Assistance is needed to avoid the destitution of a child younger than 21 years old; (2) There are no resources available to meet…

.03 Local Plan. A. The local department shall submit a plan detailing the procedure established by the local department and the Department, for the payment of cash benefits under Emergency Assistance to Families with Children (EAFC) in its jurisdiction. B. The local plan or any m…

.04 Emergency Services to Families with Children. A. Assistance may be provided under the category Emergency Services to Families with Children (ESFC) to eligible children in families who have a dire need as a result of: (1) Abuse, neglect, or abandonment; (2) The need to remove …

.05 Services in Emergency Services to Families with Children. A. Referral for appropriate services such as information, referral, counseling, securing shelter, and child care shall be made for problems attributable to the emergency or crisis situation and aimed towards reducing t…