Maryland Administrative Code

.16 Notices to Applicants. 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. A notice of eligibility which shall include: (1) The benefit level and the c…

.17 Household Cooperation. A. 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 de…

.18 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…

.19 Expedited Service. A. 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…

.20 Verification. A. Verification is the use of third-party information or documentation to establish the accuracy of statements on the application. B. The local department shall assist the household to obtain the necessary verification. C. At initial application, and before cert…

.21 Work Requirements. A. 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 …

.22 Failure to Comply with Work Requirements. A. 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…

.23 Work Requirement for Able-Bodied Adults Without Dependents. A. 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 fo…

.24 Voluntary Quit and Reduction of Work Effort. A. 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…

.25 Resource Eligibility. A. A household may retain countable resources up to $2,000 except as described in §B of this regulation and Regulation .12 of this chapter. B. A household may retain countable resources up to $3,000 if the household includes a member who is: (1) 60 years…

.26 Included Resources. Countable resources include: A. Cash on hand; and B. Money in a checking or savings account. Cross References 07.03.17.09-1C(1) 07.03.17.20C(7) 07.03.17.27

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

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

.29 Transfer of Resources. A. 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 preced…

.30 Income. A. “Income” means all income from any source excluding only the income types specified in §D of this regulation. B. Earned income includes: (1) Wages, salaries, tips, and commissions; (2) Income from self-employment as described in Regulation .39 of this chapter; (3) …

.31 Educational Assistance. A. 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 institut…

.32 Earned Income and Self-Employment Deductions. A. 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 earnin…

.33 Medical Expenses. A. 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, inc…

.34 Dependent Care Expenses. 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: A. Seek, accept, or continue employment; B. Comply with the employment and training requirements as de…

.35 Child Support Deduction. A. 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. B. To be entitled to the deduction, the household member shall: (1) Have a …

.36 Homeless Shelter Allowance. A. 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. B. A household receiving the homeless shelter allowance ma…

.37 Shelter Costs. A. 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 sh…

.38 Utility Expenses. A. Utilities are limited to the expenses described in Regulation .37A(5) of this chapter. B. 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 th…

.39 Self-Employment Income. A. 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) Calculat…

.40 Income and Resources of an Ineligible Household Member. A. 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 de…

.41 Failure to Comply with Another Assistance Program's Requirements. A. 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 reduc…

.42 Income Eligibility Standards. A. 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. B. A household that does not include an elderly or disabled member shall m…

.43 Calculation of Household Net Monthly Income. The local department shall compute net monthly income in the following manner: A. Compute gross monthly income; B. Subtract from the gross self-employment income the amount allowed by Regulation .39B and C of this chapter; C. Subtr…

.44 Calculation of the Allotment. A. 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. B. Calculation. The local department shal…

.45 Schedules for Income and Deductions. 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 MonthlyIncome (130% of poverty) B.…

.46 Certification Actions and Certification Period Length. A. 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. (…

.47 Changes in Household Circumstances. A. 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 chap…

.48 Reporting Time Limits. A. Households shall report a required change not later than 10 days after the end of the calendar month in which the change occurred. B. The household shall report any change listed in Regulation .47 of this chapter that occurs after the interview but b…

.49 Local Department Action on Changes. A. 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 regul…

.50 Failure to Report. A. 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 al…

.51 Adverse Action. A. 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 …

.52 Recertification. A. 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. B. The local department shall provide the household with a no…

.53 Restoration of Lost Benefits. A. 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 cou…

.54 Establishing a Claim for Overissued or Trafficked Benefits. A. A recipient claim is an amount owed because of benefits that are: (1) Overpaid; or (2) Trafficked. B. The local department shall establish and collect a claim in accordance with this regulation and Regulation .55 …

.55 Collection of a Claim. A. The local department shall collect payment for a claim against a household as described in this regulation. B. 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)…

.56 Disqualification for Intentional Program Violation (IPV). The local department shall investigate and refer any suspected cases of an IPV for an administrative disqualification hearing according to COMAR 07.03.10. Cross References 07.03.17.04B(2)(b) 07.03.17.12D(2) 07.03.17.49…

.57 Replacement and Use of Program Benefits. A. The local department may replace Program benefits when food purchased with Program benefits has been destroyed in a verified household misfortune. B. A household may use Program benefits to purchase eligible foods as described in Re…

.58 Appeals and Complaints. A. 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 (…

.59 Meal Providers for the Homeless. A. 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, …

.60 Maryland Senior Nutrition Assistance Program. A. 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. B. Household Composition. The definition of a househ…

.61 Maryland Restaurant Meals Program. A. 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 t…

.01 Definitions. A. In this chapter, the following terms have the meanings indicated. B. Terms Defined. (1) “Administration” means the Family Investment Administration of the Maryland Department of Human Services. (2) “Burial assistance (BA)” means State-funded assistance which p…

.02 Application. A. The requirements at application are the same as COMAR 07.03.01.01, .02, .05, and .06. B. The local department shall process a burial assistance application as soon as possible. C. The applicant shall obtain verification that: (1) An eligible person has died; a…

.03 Eligibility and Payment. A. The maximum payment for burial assistance is $650. B. Payment is allowable when the: (1) Total funeral expenses do not exceed $2,500, excluding the cost of a burial lot, vault, grave digging, or burial clothing when provided or paid for by family o…

.04 Method of Payment. A. The local department shall provide burial assistance in the form of vendor payments. B. The applicant shall participate in the selection of the burial services vendor. C. The local department may not issue a burial payment until the vendor submits: (1) T…