Maryland Administrative Code

.01 Purpose. The purpose of this chapter is to establish the procedures to be used by the Administration to disqualify individuals for the Food Supplement Program or Family Investment Programs, when there is sufficient evidence to substantiate the decision that the individual has…

.02 Definitions. A. In this chapter, the following terms have the meanings indicated. B. Terms Defined. (1) “Administration” means the Family Investment Administration of the Department of Human Services. (2) “Administrative disqualification hearing” means a hearing held by an ad…

.03 Notification to an Applicant Household. The local department shall inform the household, in the case of food supplement benefits and TCA, of the disqualification penalties for intentional program violations in clear, prominent, and boldface lettering on the application form e…

.04 Local Department Responsibilities. A. When information is received that an individual may have committed an intentional program violation, the local department shall refer the information to the Office of the Inspector General which shall: (1) Conduct an investigation of the …

.05 Waiver of Administrative Disqualification Hearing. A. The local department may allow an individual who is accused of an intentional program violation to waive the individual's right to an administrative disqualification hearing; B. Supervisory Review. Before providing advance…

.06 Referral for Disqualification Hearing. A. If the local department does not receive a signed waiver of the right to an administrative disqualification hearing within 20 days of providing advance notification in accordance with Regulation .05C of this chapter, the local departm…

.07 Effect of Pending Disqualification Hearing. A. A pending disqualification hearing does not affect the individual's, the household's, or the assistance unit's right to be certified and participate in the program. B. The local department shall terminate or reduce the household'…

.08 Disqualification Penalties. A. Food Supplement Program and Family Investment Programs. (1) An individual who has waived the right to an administrative hearing, or was found to have committed an intentional program violation, is ineligible to participate in the specified Progr…

.01 Definitions. A. In this chapter, the following terms have the meanings indicated. B. Terms Defined. (1) “Agency error” means an error caused by the local department's action or failure to act. (2) “Assistance unit” means a group of eligible individuals living together for who…

.02 Underpayment Procedures. A. To correct an underpayment, the local department shall: (1) Correct continuing payments promptly, if appropriate; (2) Authorize corrective payment as a one-time-only payment equal to the total amount of the underpayment from the time of discovery a…

.03 Overpayment Procedures. A. To correct an overpayment, the local department shall: (1) Determine the correct benefit amount promptly and take action to correct the continuing payment as needed; and (2) Calculate the total amount of the overpayment retroactive to the time of th…

.04 Suspected Fraud Procedures. A. When the local department suspects fraud, the local department shall refer the case to the Office of the Inspector General (OIG) or directly to the local State’s Attorney Office (SAO). B. A supervisory-level employee shall approve the referral d…

.05 Recoupment Procedures. A. Local Department Action. The local department shall: (1) Take action to recoup an overpayment except as described in §C of this regulation; (2) Determine the total amount to be recouped; and (3) Set an amount to be recouped through a monthly deductio…

.01 Purpose and Scope. A. Purpose. The Refugee Cash Assistance (RCA) Program is for new arrivals in the United States who are: (1) Refugees; (2) Asylees; or (3) Victims of severe forms of trafficking in persons. B. Scope. (1) This chapter does not apply to individuals residing in…

.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 to the LDSS for cash assistance: (i) Directly; (ii) Through an authorized representative; or (iii) If …

.03 Technical Eligibility. A. To qualify for RCA, an individual: (1) Shall: (a) Meet immigration status and documentation requirements as described in §B of this regulation; (b) Be a Maryland resident as described in §C of this regulation; (c) Have resided in the United States le…

.04 Application Process. A. The LDSS shall: (1) Determine RCA eligibility for individuals determined ineligible for TCA; and (2) Refer individuals who are 65 years old or older or who are blind or disabled promptly to the Social Security Administration to apply for SSI. B. Right …

.05 Decision on Application. A. The LDSS shall make a decision as to payment of cash assistance as promptly as possible but not later than 30 calendar days from the date of the signed application for RCA. B. If the LDSS determines that a refugee has an urgent need for RCA, the LD…

.06 Assistance Unit. A. All individuals included in the RCA unit shall meet the requirements as described in Regulation .03 of this chapter. B. The LDSS: (1) Shall include childless refugee married couples in the same assistance unit, unless one member receives SSI; and (2) May n…

.07 Employment Registration and Participation. A. An employable individual shall: (1) Register for and, within 30 days of receipt of RCA, participate in refugee employment services; (2) Go to a job interview that is arranged by the LDSS, the refugee employment services contractor…

.08 Failure or Refusal to Accept Employability Services or Employment. A. Termination of Assistance. (1) If, without good cause, an employable nonexempt RCA recipient has failed or refused to meet the work requirements or has voluntarily quit a job, the individual is ineligible a…

.09 Financial Eligibility. A. Financial Eligibility Requirements. (1) The LDSS shall evaluate and count resources available to the applicant or recipient to use for current living expenses. (2) The assistance unit is not eligible for RCA if the total: (a) Net income of the case c…

.10 Assets. A. The asset limit for a RCA case is $2,000. B. Excluded Assets. Assets excluded from the $2,000 limit are: (1) The home which is the usual residence of the assistance unit; (2) Basic items essential to day-to-day living such as: (a) Personal items such as clothing, t…

.11 Income. A. Sources of Countable Income. (1) RCA income calculations apply to both members of an assistance unit and nonmembers as described in §F of this regulation whose income is countable to the assistance unit. (2) Each member of the assistance unit is considered to be a …

.12 Lump Sum Income. A. Lump sum income is a nonrecurring 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, …

.13 Benefit Amount. A. The LDSS shall: (1) Determine the RCA benefit payment amount by deducting the net countable income, rounded down to the nearest dollar, from the allowable amount for the assistance unit size specified in Regulation .15 of this chapter; and (2) Issue a benef…

.14 Method of Payment. A. Electronic Benefit Transfer. The Department operates an EBTS under an agreement with the U.S. Department of Health and Human Services and pursuant to U.S. Department of Agriculture regulations. B. RCA Grant. (1) The RCA grant is paid through EBTS. (2) Th…

.15 RCA Schedule. Monthly Allowable Amounts To Be Paid Effective October 1, 2006. Number of Individuals in the Assistance Unit Allowable Amount 1 $ 247 2 433 3 549 4 664 5 769 6 846 7 951 8 1,047 9 1,130 10 1,222 11 1,333 12 1,395 13 1,481 14 1,567 15 1,657 16 1,765 For each indi…

.16 Changes; Timely and Adequate Notice. A. Interim Change. (1) The LDSS shall advise applicants and recipients of the change reporting requirements. (2) An applicant or recipient who fails to report receipt of or a change in countable income, as required by this section, loses t…

.17 Conciliation, Sanctions, and Other Penalties. A. Sanctions for Noncompliance. (1) The LDSS: (a) Shall terminate the case if the sanctioned individual is the only member of the assistance unit; and (b) May not include the sanctioned individual's needs in determining the assist…

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

.19 Appeals and Complaints of Discrimination. A. Agency Conference. A RCA applicant or recipient may request an agency conference to: (1) Promptly resolve the date of entry into the United States by the applicant or recipient; (2) Obtain an explanation of the reasons for proposed…

.01 Purpose. 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. Cross References 10.09.24.07B(3)

.02 Definitions. A. In this chapter, the following terms have the meanings indicated. B. 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 ide…

.03 Household Composition. A. 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 consump…

.04 Ineligible Household Members. A. The local department: (1) May not include ineligible household members in the household: (a) When determining the household's size for assigning a benefit level to the household, or (b) For comparing the household's monthly income with the inc…

.05 Boarders. A. An individual required to be included in the household as described in Regulation .03C of this chapter is not considered a boarder. B. A boarder is an individual residing with others and paying them reasonable compensation for lodging and meals. C. Reasonable Com…

.06 Residents of Institutions. A. 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 …

.07 Work Striker. A. A striker is an individual who participates in a strike or a concerted stoppage of work or interruption of operations by employees. B. If a household member is a striker, the household is ineligible for benefits unless the household was eligible for benefits:…

.08 Residency. A. 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. B. A homeless applicant who is present in the l…

.09 Citizenship and Immigrant Status. A. 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 posses…

.10 Students. A. Except as specified in §D of this regulation, a student is ineligible to participate in the Program. B. 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 tim…

.11 Social Security Number. A. 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. B. The local department shall verify the number through the Social …

.12 Categorical Eligibility. A. 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 m…

.13 Head of Household. The local department: A. 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 B. May designate the head of household if…

.14 Filing an Application for the Program. A. 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 applicati…

.15 Interview. A. 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 m…