2023 Maryland Statutes › Human Services › Title 5 - Public Assistance › Subtitle 3 - Family Investment Program › Section 5-308 - Eligibility for Assistance

(a)    (1)    (i)    In this subsection the following words have the meanings indicated.
(ii)    “Target work rate” means the rate established for the State by the U.S. Department of Health and Human Services based on the State’s caseload reduction credit under the federal Temporary Assistance for Needy Families program, 42 U.S.C. 22–601 et seq.
(iii)    “Work participation rate” means the federal work participation rate established by the U.S. Department of Health and Human Services under the federal Temporary Assistance for Needy Families program, 42 U.S.C. 22–601 et seq.
(2)    A family may be eligible for assistance under this subtitle only if the family includes:
(i)    a minor child who resides with a custodial parent or other adult caretaker who is a relative of the child; or
(ii)    a pregnant individual.
(3)    Assistance shall be provided to an applicant or recipient under this subtitle only if the applicant or recipient:
(i)    resides in the State at the time of application for assistance;
(ii)    if applicable:
1.    has applied for child support services with the appropriate local child support enforcement office at the time of application for assistance; and
2.    complies with the requirements of the local child support enforcement office;
(iii)    participates in work activity under this subtitle; and
(iv)    meets all other FIP requirements that the Secretary establishes by regulation.
(4)    Subject to paragraph (5) of this subsection, the Department shall allow an applicant or a recipient to meet the work activity requirement for a maximum of 24 months by engaging in:
(i)    a minimum of 20 hours per week of vocational education that leads to an associate degree, a diploma, or a certificate; or
(ii)    an average of at least 20 hours per week of education directly related to employment, which may include:
1.    an adult basic education program;
2.    an English as a second language program; or
3.    a GED program.
(5)    If the work participation rate does not exceed the target work rate by 10% in any month, the Department, after providing at least 30 days prior notice to the Senate Finance Committee and the House Appropriations Committee, may suspend the application of paragraph (4) of this subsection to new applicants until the work participation rate exceeds the target work rate by 10% for 3 consecutive months.
(6)    The Department may require a work–eligible individual to participate in work activity for a maximum of:
(i)    30 hours per week for an individual with a child at least 6 years old;
(ii)    20 hours per week for a single parent or caretaker relative with a child under the age of 6 years;
(iii)    a combined average of 35 hours per week for a family with two work–eligible parents who do not receive federally funded child care assistance; or
(iv)    a combined average of 55 hours per week for a family with two work–eligible parents who receive federally funded child care assistance, provided that an adult in the family does not have a disability or is not caring for a child with a disability.
(7)    (i)    A work–eligible individual may choose to participate in work activity for more than the required weekly hours under paragraph (6) of this subsection, up to a maximum of 40 hours per week, provided that working the additional hours does not violate the federal Fair Labor Standards Act.
(ii)    The Department may not reduce the temporary cash assistance of an individual, as provided in § 5–312(e)(1)(i) of this subtitle, if the individual is meeting the Department’s minimum work activity participation requirement and participating in work activity for less than 40 hours per week.
(8)    The Department shall accept verification of an individual’s work activity participation through multiple methods, including electronic submission.
(b)    (1)    An individual may not be required to meet the work activity requirement under subsection (a)(3)(iii) of this section if the individual is exempt under criteria the Secretary establishes.
(2)    The criteria shall include exemptions for:
(i)    subject to paragraph (3) of this subsection, adults who are required to care for a child who is a recipient under the age of 1 year;
(ii)    subject to paragraph (4) of this subsection, adults and children who are recipients and who are severely disabled; and
(iii)    adults who have not received assistance for at least 6 months.
(3)    An exemption based on an adult’s requirement to care for a child who is a recipient under the age of 1 year may not be restricted to a maximum number of months in the adult’s lifetime.
(4)    An individual’s exemption because of severe disability is limited to 12 months unless:
(i)    the individual applies for Supplemental Security Income; and
(ii)    the application is approved, pending, or on appeal.
(5)    Assistance for an individual who qualifies for an exemption under this subsection but who voluntarily participates in a work activity may not be reduced or terminated as a result of the participation in the work activity.
(c)    (1)    Assistance for an individual may not be reduced or terminated for noncompliance with the work activity requirement if the individual has good cause under the criteria established by the Secretary.
(2)    The criteria shall provide that any of the following are sufficient to show good cause:
(i)    temporary illness or incapacity;
(ii)    court–required appearances or temporary incarceration;
(iii)    domestic violence;
(iv)    a family crisis that threatens normal family functioning, including:
1.    experiencing homelessness whereby a family:
A.    lacks a fixed, regular, and adequate nighttime residence, or shares the housing of other persons due to the loss of housing, economic hardship, or a similar reason;
B.    lives in a motel, hotel, trailer park, or camping ground due to a lack of alternative accommodations;
C.    lives in an emergency shelter or transitional housing;
D.    resides in a primary nighttime residence that is a public or private place not designed for or ordinarily used as a regular sleeping accommodation for human beings; or
E.    lives in a car park, public space, vacant or abandoned building, substandard housing, bus station, train station, or similar setting;
2.    a housing crisis, including eviction, foreclosure, or other loss of housing; or
3.    receiving a utility disconnection notice or having a utility disconnected;
(v)    a breakdown in transportation arrangements;
(vi)    a breakdown in child care arrangements or lack of child care for a child or children who are 12 years old or younger;
(vii)    for a single parent caring for a child younger than 6 years old who is unable to obtain child care:
1.    the unavailability of appropriate child care within a reasonable distance from the parent’s home or work site;
2.    the unavailability or unsuitability of informal child care by a relative or others; or
3.    the unavailability or unsuitability of appropriate and affordable child care arrangements;
(viii)    a lack of supportive services identified and agreed on by an individual and a local department; or
(ix)    the failure of a local department to offer or provide a reasonable accommodation to an individual with a disability.
(d)    Subject to the State budget, a legal immigrant is entitled to assistance under this subtitle if the immigrant:
(1)    meets FIP eligibility requirements under this subtitle and any other requirements imposed by the State; and
(2)    (i)    arrived in the United States before August 22, 1996; or
(ii)    arrived in the United States on or after August 22, 1996 and is not eligible for federally funded cash assistance.