reglab/statecodes huggingface dataset:
Code of Maryland Regulations › Title 07 - DEPARTMENT OF HUMAN SERVICES › Subtitle 03 - FAMILY INVESTMENT ADMINISTRATION › Chapter 07.03.05 - Temporary Disability Assistance Program › Section 07.03.05.17 - Capped Program Subject to Appropriation

Current through Register Vol. 51, No. 14, July 12, 2024
A. If the Secretary of Human Resources 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 TDAP appropriation will not be exhausted:
(1) Cease making payments on new applications for:
(a) Individuals with an eligibility period of 9 months or less;
(b) Individuals with an eligibility period of 12 months; or
(c) Both groups as described in §A(1)(a) and (b) of this regulation;
Code of Maryland Regulations › Title 07 - DEPARTMENT OF HUMAN SERVICES › Subtitle 03 - FAMILY INVESTMENT ADMINISTRATION › Chapter 07.03.05 - Temporary Disability Assistance Program › Section 07.03.05.18 - Transition from Transitional Emergency, Medical, and Housing Assistance (TEMHA) to TDAP

Current through Register Vol. 51, No. 14, July 12, 2024
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) Eligibility period expires; or
(2) Individual becomes ineligible.
Code of Maryland Regulations › Title 07 - DEPARTMENT OF HUMAN SERVICES › Subtitle 03 - FAMILY INVESTMENT ADMINISTRATION › Chapter 07.03.06 - Mandatory State Supplement for Supplemental Security Income Recipients › Section 07.03.06.01 - Purpose and Scope

Current through Register Vol. 51, No. 14, July 12, 2024
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.
Code of Maryland Regulations › Title 07 - DEPARTMENT OF HUMAN SERVICES › Subtitle 03 - FAMILY INVESTMENT ADMINISTRATION › Chapter 07.03.06 - Mandatory State Supplement for Supplemental Security Income Recipients › Section 07.03.06.02 - Definitions

Current through Register Vol. 51, No. 14, July 12, 2024
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 State's plan approved under Title I, X, XIV, or XVI of the Social Security Act programs, including any part of the amount attributable to meeting special needs or circumstances, but not including any special rental allowances paid by political subdivisions of the State which were disregarded in computing the amount of cash assistance; and
(b) The amount of nonassistance income received in December 1973 remaining after application of all appropriate income exclusions, minus any unreported income in December 1973, which, if reported, would have resulted in a reduction in the amount of assistance.
Code of Maryland Regulations › Title 07 - DEPARTMENT OF HUMAN SERVICES › Subtitle 03 - FAMILY INVESTMENT ADMINISTRATION › Chapter 07.03.06 - Mandatory State Supplement for Supplemental Security Income Recipients › Section 07.03.06.03 - Administration of the Mandatory State Supplement

Current through Register Vol. 51, No. 14, July 12, 2024
A. SSA administers the Mandatory State Supplement Program through an agreement with the State.
B. SSA shall make the State supplemental payment.
Code of Maryland Regulations › Title 07 - DEPARTMENT OF HUMAN SERVICES › Subtitle 03 - FAMILY INVESTMENT ADMINISTRATION › Chapter 07.03.06 - Mandatory State Supplement for Supplemental Security Income Recipients › Section 07.03.06.04 - Eligibility for the State Supplement

Current through Register Vol. 51, No. 14, July 12, 2024
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 month;
C. Is a recipient of cash grants under the programs in the State's plan approved under Title I, X, XIV, or XVI of the Social Security Act in December 1973, or who applied for this assistance in the State in December 1973 and was subsequently determined to be eligible for a cash grant for the month of December 1973 under these programs; and
D. Has December 1973 income as defined in Regulation .02B(1) of this chapter exceeding the amount of the individual's or couple's Title XVI benefit plus any other income as defined in Regulation .02B(2) of this regulation.
Code of Maryland Regulations › Title 07 - DEPARTMENT OF HUMAN SERVICES › Subtitle 03 - FAMILY INVESTMENT ADMINISTRATION › Chapter 07.03.06 - Mandatory State Supplement for Supplemental Security Income Recipients › Section 07.03.06.05 - Limitations on Eligibility

Current through Register Vol. 51, No. 14, July 12, 2024
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.
Code of Maryland Regulations › Title 07 - DEPARTMENT OF HUMAN SERVICES › Subtitle 03 - FAMILY INVESTMENT ADMINISTRATION › Chapter 07.03.06 - Mandatory State Supplement for Supplemental Security Income Recipients › Section 07.03.06.06 - Residency

Current through Register Vol. 51, No. 14, July 12, 2024
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 voluntarily and not for a temporary purpose and has no immediate intention of moving from the State.
(2) A recipient of assistance may be living outside of the State if the individual's absence from the State is temporary with subsequent returns to the State, or with the intent to return when the purposes of the absence have been accomplished.
Code of Maryland Regulations › Title 07 - DEPARTMENT OF HUMAN SERVICES › Subtitle 03 - FAMILY INVESTMENT ADMINISTRATION › Chapter 07.03.06 - Mandatory State Supplement for Supplemental Security Income Recipients › Section 07.03.06.07 - Amount of the State Supplement

Current through Register Vol. 51, No. 14, July 12, 2024
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 this chapter for the month.
Code of Maryland Regulations › Title 07 - DEPARTMENT OF HUMAN SERVICES › Subtitle 03 - FAMILY INVESTMENT ADMINISTRATION › Chapter 07.03.06 - Mandatory State Supplement for Supplemental Security Income Recipients › Section 07.03.06.08 - Payment Irregularities

Current through Register Vol. 51, No. 14, July 12, 2024
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 benefits shall also apply to the recovery of mandatory State supplement overpaid amounts.
Code of Maryland Regulations › Title 07 - DEPARTMENT OF HUMAN SERVICES › Subtitle 03 - FAMILY INVESTMENT ADMINISTRATION › Chapter 07.03.06 - Mandatory State Supplement for Supplemental Security Income Recipients › Section 07.03.06.09 - Termination of the Mandatory State Supplement

Current through Register Vol. 51, No. 14, July 12, 2024
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.
Code of Maryland Regulations › Title 07 - DEPARTMENT OF HUMAN SERVICES › Subtitle 03 - FAMILY INVESTMENT ADMINISTRATION › Chapter 07.03.06 - Mandatory State Supplement for Supplemental Security Income Recipients › Section 07.03.06.10 - Discrimination

Current through Register Vol. 51, No. 14, July 12, 2024
Discrimination complaints shall be handled in accordance with COMAR 07.01.03.
Code of Maryland Regulations › Title 07 - DEPARTMENT OF HUMAN SERVICES › Subtitle 03 - FAMILY INVESTMENT ADMINISTRATION › Chapter 07.03.07 - Public Assistance to Adults › Section 07.03.07.01 - Purpose

Current through Register Vol. 51, No. 14, July 12, 2024
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 Department of Health and Mental Hygiene (DHMH) rehabilitative residence; and
B. Allowable needs in excess of total countable income and resources that do not exceed limits.
Code of Maryland Regulations › Title 07 - DEPARTMENT OF HUMAN SERVICES › Subtitle 03 - FAMILY INVESTMENT ADMINISTRATION › Chapter 07.03.07 - Public Assistance to Adults › Section 07.03.07.02 - Definitions

Current through Register Vol. 51, No. 14, July 12, 2024
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 personal and incidental needs.
(2) "Assisted living" means services provided in a licensed protective institutional environment as described in COMAR 10.07.14 to an individual who is aged or disabled, or both, and who cannot manage activities of daily living as described in COMAR 10.07.14.02B(2)(b).
(3) "CARE home" means a home that provides supervised residential alternatives to an individual who, due to physical or mental disability, cannot live unsupervised in the community and is at risk for institutionalization as described in COMAR 07.02.19.
(4) "DHMH rehabilitative residence" means a residence that provides residential rehabilitation as described in COMAR 10.21.22 or a supported living program approved by the Mental Hygiene Administration of the Department of Health and Mental Hygiene.
(5) "Local department" means a local department of social services in a county or Baltimore City or the Montgomery County Department of Health and Human Services.
(6) "Net countable income" means gross income less any disregard.
(7) "Protected living arrangement" means a residential environment that provides care to vulnerable adults who are aged, disabled, or both, and who cannot manage activities of daily living as described in COMAR 10.07.14.02B(2)(b).
(8) "Resident" means an individual who is living in the State voluntarily and not for a temporary purpose.
Code of Maryland Regulations › Title 07 - DEPARTMENT OF HUMAN SERVICES › Subtitle 03 - FAMILY INVESTMENT ADMINISTRATION › Chapter 07.03.07 - Public Assistance to Adults › Section 07.03.07.03 - Eligibility Criteria

Current through Register Vol. 51, No. 14, July 12, 2024
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 application for Supplemental Security Income (SSI) and Social Security Disability Insurance (SSDI), in accordance with §B of this regulation;
(4) Is in an assisted living program, in a CARE home, or in a DHMH rehabilitative residence while continuing to cooperate with all technical and financial requirements of eligibility; and.
(5) Continues to cooperate with all technical and financial requirements of eligibility.
Code of Maryland Regulations › Title 07 - DEPARTMENT OF HUMAN SERVICES › Subtitle 03 - FAMILY INVESTMENT ADMINISTRATION › Chapter 07.03.07 - Public Assistance to Adults › Section 07.03.07.04 - Need Requirements

Current through Register Vol. 51, No. 14, July 12, 2024
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 DHMH rehabilitative residence or supported living programs.
(2) The personal needs allowance may not be used for the cost of care.
Code of Maryland Regulations › Title 07 - DEPARTMENT OF HUMAN SERVICES › Subtitle 03 - FAMILY INVESTMENT ADMINISTRATION › Chapter 07.03.07 - Public Assistance to Adults › Section 07.03.07.05 - Determining Available Resources

Current through Register Vol. 51, No. 14, July 12, 2024
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 resources against the maximum allowable amount as described in §A(1) of this regulation.
Code of Maryland Regulations › Title 07 - DEPARTMENT OF HUMAN SERVICES › Subtitle 03 - FAMILY INVESTMENT ADMINISTRATION › Chapter 07.03.07 - Public Assistance to Adults › Section 07.03.07.06 - Excluded Resources

Current through Register Vol. 51, No. 14, July 12, 2024
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 described in §C of this regulation;
(4) Vehicles owned by the individual;
(5) Life insurance policies;
(6) Payments under Title I of Public Law 100-383, the Civil Liberties Act of 1988, or Title II of Public Law 100-383, the Aleutian and Pribilof Islands Restitution Act, received by individuals of Japanese ancestry and Aleuts;
(7) Payments made from the Agent Orange Settlement Fund or any other fund established pursuant to the settlement in the Agent Orange product liability litigation;
(8) Payments excluded under federal law; and
(9) Trust fund principal when the individual has no access or only restricted access to the principal of the trust.
Code of Maryland Regulations › Title 07 - DEPARTMENT OF HUMAN SERVICES › Subtitle 03 - FAMILY INVESTMENT ADMINISTRATION › Chapter 07.03.07 - Public Assistance to Adults › Section 07.03.07.07 - Income

Current through Register Vol. 51, No. 14, July 12, 2024
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 to production of the self-employment income;
(3) Federally funded assistance payments;
(4) State-funded assistance payments;
(5) Annuities, pensions, and retirement benefits;
(6) Workers' compensation or unemployment benefits;
(7) Social Security benefits;
(8) Support and alimony payments;
(9) Educational assistance not excluded under §C of this regulation;
(10) Payments from government programs, dividends, interest, royalties, or money payments from any source that is a gain or benefit to the individual;
(11) The contribution for a parent from a son or daughter;
(12) The contribution for an adult child with a disability from a parent;
(13) Lump sum income as described in §E of this regulation;
(14) Trust fund payments made on behalf of the individual when the payment is made:
(a) Directly to the individual; or
(b) To the individual's legal guardian; and
(15) Income from the trust fund principal when the individual has a right to the income as it becomes available.
Code of Maryland Regulations › Title 07 - DEPARTMENT OF HUMAN SERVICES › Subtitle 03 - FAMILY INVESTMENT ADMINISTRATION › Chapter 07.03.07 - Public Assistance to Adults › Section 07.03.07.08 - Disregards from Income

Current through Register Vol. 51, No. 14, July 12, 2024
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 (2) of this chapter of an individual who has no unearned income;
(2) A disregard of $20 is applied to the unearned income of an individual who has only unearned income; or
(3) A disregard of $20 in addition to a disregard of $65 plus 1/2 of the remaining earned income in any month is deducted from the total earned income of a person who has both earned and unearned income.
Code of Maryland Regulations › Title 07 - DEPARTMENT OF HUMAN SERVICES › Subtitle 03 - FAMILY INVESTMENT ADMINISTRATION › Chapter 07.03.07 - Public Assistance to Adults › Section 07.03.07.09 - Amount of Grant and Payee

Current through Register Vol. 51, No. 14, July 12, 2024
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-appointed representative payee; or
(3) A judicially appointed legal representative, guardian, trustee, or committee.
Code of Maryland Regulations › Title 07 - DEPARTMENT OF HUMAN SERVICES › Subtitle 03 - FAMILY INVESTMENT ADMINISTRATION › Chapter 07.03.07 - Public Assistance to Adults › Section 07.03.07.10 - Reconsideration

Current through Register Vol. 51, No. 14, July 12, 2024
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 reconsidered once in every 12 months.
C. The Reapplication Process.
(1) A recipient shall have an opportunity to file a signed application for assistance to continue and shall be given, in writing or orally, information pertinent to filing the application.
(2) When the signed application is filed, the local department shall take steps to ascertain and record the facts and any other information required to make a decision as to continuing eligibility for benefits.
Code of Maryland Regulations › Title 07 - DEPARTMENT OF HUMAN SERVICES › Subtitle 03 - FAMILY INVESTMENT ADMINISTRATION › Chapter 07.03.07 - Public Assistance to Adults › Section 07.03.07.11 - Interim Change

Current through Register Vol. 51, No. 14, July 12, 2024
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 change; and
(2) Take steps as indicated by the facts and other information reported by either the recipient or another responsible source to make a decision as to eligibility for continuing assistance.
Code of Maryland Regulations › Title 07 - DEPARTMENT OF HUMAN SERVICES › Subtitle 03 - FAMILY INVESTMENT ADMINISTRATION › Chapter 07.03.07 - Public Assistance to Adults › Section 07.03.07.12 - Advance Notice of Termination or Reduction

Current through Register Vol. 51, No. 14, July 12, 2024
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 provided in §D of this regulation, in this regulation the following terms have the meanings indicated:
(1) "Adequate" means a written notice that includes a statement of:
(a) What action the agency intends to take;
(b) The reasons for the intended agency action;
(c) The specific regulations supporting this action;
(d) The explanation of the individual's right to request a fair hearing; and
(e) The circumstances under which assistance is continued, if a hearing is requested.
Code of Maryland Regulations › Title 07 - DEPARTMENT OF HUMAN SERVICES › Subtitle 03 - FAMILY INVESTMENT ADMINISTRATION › Chapter 07.03.07 - Public Assistance to Adults › Section 07.03.07.13 - Payment Irregularities

Current through Register Vol. 51, No. 14, July 12, 2024
Payment irregularities which include overpayments, underpayments, fraud, and recoupment of funds are handled according to COMAR 07.03.14.
Code of Maryland Regulations › Title 07 - DEPARTMENT OF HUMAN SERVICES › Subtitle 03 - FAMILY INVESTMENT ADMINISTRATION › Chapter 07.03.07 - Public Assistance to Adults › Section 07.03.07.14 - Replacement of Checks Lost, Stolen, or Not Received

Current through Register Vol. 51, No. 14, July 12, 2024
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 mailed that the check was lost, stolen, or not received;
(2) Check was stolen, and the recipient has filed a complaint with the local law enforcement officials and can provide a valid complaint number; or
(3) Check was cashed, and the recipient has signed a completed forgery affidavit form.
Code of Maryland Regulations › Title 07 - DEPARTMENT OF HUMAN SERVICES › Subtitle 03 - FAMILY INVESTMENT ADMINISTRATION › Chapter 07.03.07 - Public Assistance to Adults › Section 07.03.07.15 - Appeals and Complaints of Discrimination

Current through Register Vol. 51, No. 14, July 12, 2024
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 assistance:
(a) At the time of application; and
(b) Whenever the local department notifies the applicant or recipient of any action that might deny, delay, suspend, reduce, or terminate benefits.
Code of Maryland Regulations › Title 07 - DEPARTMENT OF HUMAN SERVICES › Subtitle 03 - FAMILY INVESTMENT ADMINISTRATION › Chapter 07.03.08 - Emergency Assistance to Families with Children (EAFC) › Section 07.03.08.01 - Program Description

Current through Register Vol. 51, No. 14, July 12, 2024
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 approved by the Executive Director of the Family Investment Administration; and
Code of Maryland Regulations › Title 07 - DEPARTMENT OF HUMAN SERVICES › Subtitle 03 - FAMILY INVESTMENT ADMINISTRATION › Chapter 07.03.08 - Emergency Assistance to Families with Children (EAFC) › Section 07.03.08.02 - Cash Emergency Assistance to Families with Children

Current through Register Vol. 51, No. 14, July 12, 2024
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 the emergency; and
(3) The emergency is not the result of quitting a job without good cause.
Code of Maryland Regulations › Title 07 - DEPARTMENT OF HUMAN SERVICES › Subtitle 03 - FAMILY INVESTMENT ADMINISTRATION › Chapter 07.03.08 - Emergency Assistance to Families with Children (EAFC) › Section 07.03.08.03 - Local Plan

Current through Register Vol. 51, No. 14, July 12, 2024
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 modifications to the plan shall be approved by the Executive Director of the Family Investment Administration (FIA) before the program is implemented.
C. The plan shall identify:
(1) Methods used to allocate the resources of the program among applicants;
(2) Types of emergencies to be covered;
(3) The application process;
(4) Verifications required from the customer;
(5) The maximum number of times an individual may apply for the program in a given fiscal year;
(6) The maximum dollar amount payable to a family unit in a given fiscal year;
(7) The method of payment; and
(8) Any plans for transfer of EAFC funds to other customer services.
Code of Maryland Regulations › Title 07 - DEPARTMENT OF HUMAN SERVICES › Subtitle 03 - FAMILY INVESTMENT ADMINISTRATION › Chapter 07.03.08 - Emergency Assistance to Families with Children (EAFC) › Section 07.03.08.04 - Emergency Services to Families with Children

Current through Register Vol. 51, No. 14, July 12, 2024
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 a child from the child's home;
(3) Imminent threat of abuse, neglect, or abandonment, or the need to remove the child from the child's home; or
(4) The lack of a proper caretaker.
Code of Maryland Regulations › Title 07 - DEPARTMENT OF HUMAN SERVICES › Subtitle 03 - FAMILY INVESTMENT ADMINISTRATION › Chapter 07.03.08 - Emergency Assistance to Families with Children (EAFC) › Section 07.03.08.05 - Services in Emergency Services to Families with Children

Current through Register Vol. 51, No. 14, July 12, 2024
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 the prospect for recurrence of emergencies.
B. ESFC services provided for eligible children may include, but are not limited to, appropriate:
(1) Purchased preventive services to families experiencing an emergency to prevent child abuse, neglect, or abandonment, or to prevent an at-risk child from being placed in out-of-home care; and
(2) Reunification services for families where children have been abandoned or placed out-of-home due to abuse, neglect, or imminent threat of these.
Code of Maryland Regulations › Title 07 - DEPARTMENT OF HUMAN SERVICES › Subtitle 03 - FAMILY INVESTMENT ADMINISTRATION › Chapter 07.03.08 - Emergency Assistance to Families with Children (EAFC) › Section 07.03.08.06 - Replacement of Checks Lost, Stolen, or Not Received

Current through Register Vol. 51, No. 14, July 12, 2024
A. The local department shall issue a new check to replace an assistance check which is lost, stolen, or not received under the following conditions:
(1) Recipient notified the local department within 30 calendar days from the date the check was mailed that the check was lost, stolen, or not received;
(2) Check is stolen, and the recipient has filed a complaint with local law enforcement officials and can provide a valid complaint number; or
(3) Check is cashed, and the recipient has signed a completed forgery affidavit form.
Code of Maryland Regulations › Title 07 - DEPARTMENT OF HUMAN SERVICES › Subtitle 03 - FAMILY INVESTMENT ADMINISTRATION › Chapter 07.03.08 - Emergency Assistance to Families with Children (EAFC) › Section 07.03.08.07 - Payment Irregularities

Current through Register Vol. 51, No. 14, July 12, 2024
Payment irregularities which include overpayments, underpayments, fraud, and recoupment of funds are handled according to COMAR 07.03.14.
Code of Maryland Regulations › Title 07 - DEPARTMENT OF HUMAN SERVICES › Subtitle 03 - FAMILY INVESTMENT ADMINISTRATION › Chapter 07.03.08 - Emergency Assistance to Families with Children (EAFC) › Section 07.03.08.08 - Appeals

Current through Register Vol. 51, No. 14, July 12, 2024
A. The local department shall give written notification of the right to, and the procedures for requesting and obtaining, a fair hearing to each applicant or recipient of public assistance:
(1) At the time of application; and
(2) Whenever the local department notifies the applicant or recipient of any action which might deny, suspend, reduce, or terminate assistance.
Code of Maryland Regulations › Title 07 - DEPARTMENT OF HUMAN SERVICES › Subtitle 03 - FAMILY INVESTMENT ADMINISTRATION › Chapter 07.03.10 - Administrative Disqualification Hearings-Food Supplement and Family Investment Programs › Section 07.03.10.01 - Purpose

Current through Register Vol. 51, No. 14, July 12, 2024
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 committed an intentional violation of the Food Supplement Program or Family Investment Program regulations.
Code of Maryland Regulations › Title 07 - DEPARTMENT OF HUMAN SERVICES › Subtitle 03 - FAMILY INVESTMENT ADMINISTRATION › Chapter 07.03.10 - Administrative Disqualification Hearings-Food Supplement and Family Investment Programs › Section 07.03.10.02 - Definitions

Current through Register Vol. 51, No. 14, July 12, 2024
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 Resources.
(2) "Administrative disqualification hearing" means a hearing held by an administrative law judge (ALJ) of the Office of Administrative Hearings to determine if an intentional program violation has occurred.
(3) "Caretaker relative" means an individual related by blood or marriage who is the parent or is acting on behalf of the parent of a dependent child.
(4) "Hearing" means a contested case hearing as defined in State Government Article, §
										10-202(d), Annotated Code of Maryland.
(5) "Intentional program violation" means an intentional:
(a) False or misleading statement or misrepresentation, concealment, or withholding of facts:
(i) Concerning food supplement; or
(ii) For the purposes of establishing or maintaining the assistance unit's eligibility for TCA or for increasing or preventing a reduction of the amount of TCA; or
(b) Act that constitutes a violation of the Food Stamp Act, the Food Supplement Program regulations, or any State statute relating to the use, presentation, transfer, acquisition, receipt, or possession of food supplement benefits or electronic benefit transfer (EBT) card.
(6) "Local department" means a department of social services in a county or Baltimore City, or the Montgomery County Department of Health and Human Services.
(7) "Office of Administrative Hearings (OAH)" means the unit within the Executive Branch established by State Government Article, §
										9-1602, Annotated Code of Maryland.
(8) "Program Fraud Division" means the unit of the Office of the Inspector General's Bureau of Investigative Services that provides investigative resources for local departments in the investigation of suspected fraud in Department programs including but not limited to TCA, the Office of Home Energy Programs (OHEP), and food supplement benefit application, redetermination, and open cases.
(9) "Temporary cash assistance (TCA)" means benefits received under COMAR 07.03.03.
Code of Maryland Regulations › Title 07 - DEPARTMENT OF HUMAN SERVICES › Subtitle 03 - FAMILY INVESTMENT ADMINISTRATION › Chapter 07.03.10 - Administrative Disqualification Hearings-Food Supplement and Family Investment Programs › Section 07.03.10.03 - Notification to an Applicant Household

Current through Register Vol. 51, No. 14, July 12, 2024
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 each time the household or individual applies for food supplement benefits or TCA.
Code of Maryland Regulations › Title 07 - DEPARTMENT OF HUMAN SERVICES › Subtitle 03 - FAMILY INVESTMENT ADMINISTRATION › Chapter 07.03.10 - Administrative Disqualification Hearings-Food Supplement and Family Investment Programs › Section 07.03.10.04 - Local Department Responsibilities

Current through Register Vol. 51, No. 14, July 12, 2024
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 suspected intentional program violators;
(2) Prepare a report on the completed investigation showing the methods used to obtain information; and
(3) Make the report available to the director of the local department.
Code of Maryland Regulations › Title 07 - DEPARTMENT OF HUMAN SERVICES › Subtitle 03 - FAMILY INVESTMENT ADMINISTRATION › Chapter 07.03.10 - Administrative Disqualification Hearings-Food Supplement and Family Investment Programs › Section 07.03.10.05 - Waiver of Administrative Disqualification Hearing

Current through Register Vol. 51, No. 14, July 12, 2024
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 advanced written notification that the individual may waive the individual's right to an administrative disqualification hearing, the local department shall ensure that someone other than the eligibility worker assigned to the accused individual's household or assistance unit:
(1) Reviews the evidence against the household member or individual; and
(2) Determines that the evidence warrants scheduling of a disqualification hearing.
Code of Maryland Regulations › Title 07 - DEPARTMENT OF HUMAN SERVICES › Subtitle 03 - FAMILY INVESTMENT ADMINISTRATION › Chapter 07.03.10 - Administrative Disqualification Hearings-Food Supplement and Family Investment Programs › Section 07.03.10.06 - Referral for Disqualification Hearing

Current through Register Vol. 51, No. 14, July 12, 2024
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 department shall refer the individual to OAH for a hearing in accordance with COMAR 07.01.04.
B. The referral shall include:
(1) Identifying case information;
(2) A summary of the alleged intentional program violation;
(3) Copies of the local department's supporting documentation; and
(4) Documentation that the individual has been:
(a) Previously disqualified for an intentional program violation, or
(b) Convicted by a court of fraud involving food supplement or TCA.
Code of Maryland Regulations › Title 07 - DEPARTMENT OF HUMAN SERVICES › Subtitle 03 - FAMILY INVESTMENT ADMINISTRATION › Chapter 07.03.10 - Administrative Disqualification Hearings-Food Supplement and Family Investment Programs › Section 07.03.10.07 - Effect of Pending Disqualification Hearing

Current through Register Vol. 51, No. 14, July 12, 2024
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's benefits if:
(1) There is documentation to support the action; and
(2) The household fails to request a hearing and continuation of benefits after notice of termination or reduction.
Code of Maryland Regulations › Title 07 - DEPARTMENT OF HUMAN SERVICES › Subtitle 03 - FAMILY INVESTMENT ADMINISTRATION › Chapter 07.03.10 - Administrative Disqualification Hearings-Food Supplement and Family Investment Programs › Section 07.03.10.08 - Disqualification Penalties

Current through Register Vol. 51, No. 14, July 12, 2024
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 Program, as described in §B of this regulation and COMAR 07.03.03.19.
(2) The disqualification period begins for Food Supplement and Family Investment Program, with the first month following the month in which the household receives written notification of the disqualification.
(3) Once a disqualification penalty has been imposed, the period of disqualification continues uninterrupted until the disqualification period is completed.
Code of Maryland Regulations › Title 07 - DEPARTMENT OF HUMAN SERVICES › Subtitle 03 - FAMILY INVESTMENT ADMINISTRATION › Chapter 07.03.14 - Correction of Payment Irregularities › Section 07.03.14.01 - Definitions

Current through Register Vol. 51, No. 14, July 12, 2024
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 whom cash assistance has been authorized.
(3) "Client error" means failure by the recipient to correctly, promptly, or adequately report information which would have:
(a) Reduced the amount of the continuing benefits payments; or
(b) Resulted in total ineligibility.
(4) "Department" means the Department of Human Resources.
(5) "Fraud" means:
(a) Willfully making a false statement or representation, willfully failing to disclose a material change in household or financial condition, impersonating another person to obtain, or attempting to obtain, benefits to which the individual is not entitled; or
(b) An intentional program violation as described in COMAR 07.03.10.
(6) "Local department" means a department of social services in a county or Baltimore City and the Montgomery County Department of Health and Human Services.
(7) Overpayment.
(a) "Overpayment" means the amount by which a benefit payment received by or for an assistance unit exceeds the amount it was eligible to receive.
(b) "Overpayment" may result from:
(i) Agency error;
(ii) Client error; or
(iii) Fraud.
(8) "Recoupment" means a process used by a local department to recover an overpayment from the continuing benefit payment of a recipient by withholding an amount determined appropriate, as described in Regulation .05 of this chapter.
(9) "Recovery" means a process used by a local department to recover an overpayment from an individual whose case is closed.
(10) Underpayment.
(a) "Underpayment" means a payment received by or for an assistance unit which is less than the proper amount allowable to the assistance unit.
(b) "Underpayment" occurs when the local department has a properly completed application and all information needed for an eligibility decision but does not:
(i) Act upon a reported change;
(ii) Act upon a policy change;
(iii) Correctly interpret policy;
(iv) Correctly compute a benefit; or
(v) Act promptly on information.
Code of Maryland Regulations › Title 07 - DEPARTMENT OF HUMAN SERVICES › Subtitle 03 - FAMILY INVESTMENT ADMINISTRATION › Chapter 07.03.14 - Correction of Payment Irregularities › Section 07.03.14.02 - Underpayment Procedures

Current through Register Vol. 51, No. 14, July 12, 2024
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 and correction, retroactive to the time the underpayment first occurred; and
(3) Require that a supervisory level employee review and approve each fiscal authorization to correct an underpayment before payment is made.
Code of Maryland Regulations › Title 07 - DEPARTMENT OF HUMAN SERVICES › Subtitle 03 - FAMILY INVESTMENT ADMINISTRATION › Chapter 07.03.14 - Correction of Payment Irregularities › Section 07.03.14.03 - Overpayment Procedures

Current through Register Vol. 51, No. 14, July 12, 2024
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 the error.
Code of Maryland Regulations › Title 07 - DEPARTMENT OF HUMAN SERVICES › Subtitle 03 - FAMILY INVESTMENT ADMINISTRATION › Chapter 07.03.14 - Correction of Payment Irregularities › Section 07.03.14.04 - Suspected Fraud Procedures

Current through Register Vol. 51, No. 14, July 12, 2024
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 document and the director of the local department or designee shall sign it before a referral is made.
C. After a referral has been made, the local department shall inform the OIG or the SAO of any newly discovered facts or changed circumstances in the case.
D. The local department shall provide access to the relevant records in its possession for the investigators assigned to investigate suspected fraud.
E. The local department may not give notice to an applicant or recipient of any referral to OIG or SAO for action on suspected fraud except that the local department representative may answer "yes" or "no" when the recipient asks whether referral has been made.
F. The decision to refer a case of suspected fraud may not be the sole basis for requesting a fair hearing not withstanding the regulations in the Fair Hearings Chapter.
Code of Maryland Regulations › Title 07 - DEPARTMENT OF HUMAN SERVICES › Subtitle 03 - FAMILY INVESTMENT ADMINISTRATION › Chapter 07.03.14 - Correction of Payment Irregularities › Section 07.03.14.05 - Recoupment Procedures

Current through Register Vol. 51, No. 14, July 12, 2024
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 deduction from the continuing benefit for as many months as are necessary until the overpayment is repaid.
Code of Maryland Regulations › Title 07 - DEPARTMENT OF HUMAN SERVICES › Subtitle 03 - FAMILY INVESTMENT ADMINISTRATION › Chapter 07.03.16 - Refugee Cash Assistance › Section 07.03.16.01 - Purpose and Scope

Current through Register Vol. 51, No. 14, July 12, 2024
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.
Code of Maryland Regulations › Title 07 - DEPARTMENT OF HUMAN SERVICES › Subtitle 03 - FAMILY INVESTMENT ADMINISTRATION › Chapter 07.03.16 - Refugee Cash Assistance › Section 07.03.16.02 - Definitions

Current through Register Vol. 51, No. 14, July 12, 2024
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 incompetent or incapacitated, through someone acting responsibly for the individual; and
Code of Maryland Regulations › Title 07 - DEPARTMENT OF HUMAN SERVICES › Subtitle 03 - FAMILY INVESTMENT ADMINISTRATION › Chapter 07.03.16 - Refugee Cash Assistance › Section 07.03.16.03 - Technical Eligibility

Current through Register Vol. 51, No. 14, July 12, 2024
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 less than 8 months following the:
(i) Initial month of entry into the country as a refugee; or
(ii) Granting of status as an asylee or victim of severe trafficking in persons;
(d) Be ineligible for TCA, SSI, or other federal programs for the aged, blind or disabled, children, or families; and
(e) In the case of a refugee, provide the name of the local resettlement agency that resettled the individual; and
Code of Maryland Regulations › Title 07 - DEPARTMENT OF HUMAN SERVICES › Subtitle 03 - FAMILY INVESTMENT ADMINISTRATION › Chapter 07.03.16 - Refugee Cash Assistance › Section 07.03.16.04 - Application Process

Current through Register Vol. 51, No. 14, July 12, 2024
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.
Code of Maryland Regulations › Title 07 - DEPARTMENT OF HUMAN SERVICES › Subtitle 03 - FAMILY INVESTMENT ADMINISTRATION › Chapter 07.03.16 - Refugee Cash Assistance › Section 07.03.16.05 - Decision on Application

Current through Register Vol. 51, No. 14, July 12, 2024
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 LDSS shall:
(1) Process the application as quickly as possible; and
(2) Issue the initial payment to the refugee on an emergency basis.
Code of Maryland Regulations › Title 07 - DEPARTMENT OF HUMAN SERVICES › Subtitle 03 - FAMILY INVESTMENT ADMINISTRATION › Chapter 07.03.16 - Refugee Cash Assistance › Section 07.03.16.06 - Assistance Unit

Current through Register Vol. 51, No. 14, July 12, 2024
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 not include in the same assistance unit adult refugees related to one another such as brothers and sisters.
Code of Maryland Regulations › Title 07 - DEPARTMENT OF HUMAN SERVICES › Subtitle 03 - FAMILY INVESTMENT ADMINISTRATION › Chapter 07.03.16 - Refugee Cash Assistance › Section 07.03.16.07 - Employment Registration and Participation

Current through Register Vol. 51, No. 14, July 12, 2024
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, or the local resettlement agency;
(3) Accept at any time, from any source, an offer of employment, as determined to be appropriate by the LDSS, the refugee employment services contractor, or the local resettlement agency;
(4) Participate in any employability service program that provides job or language training in the area in which the individual resides, which is determined to be available and appropriate for that individual; and
(5) Participate in any targeted assistance program in the area in which the individual resides, which is determined to be available and appropriate for that individual.
Code of Maryland Regulations › Title 07 - DEPARTMENT OF HUMAN SERVICES › Subtitle 03 - FAMILY INVESTMENT ADMINISTRATION › Chapter 07.03.16 - Refugee Cash Assistance › Section 07.03.16.08 - Failure or Refusal to Accept Employability Services or Employment

Current through Register Vol. 51, No. 14, July 12, 2024
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 as described in §B of this regulation.
(2) Notice of Intended Termination.
(a) The LDSS shall give timely and adequate notice if it reduces, suspends, or terminates assistance.
(b) The LDSS shall provide written procedures in English and in appropriate languages for the determination of good cause, the sanctioning of refugees who do not comply with the requirements of the program, and for the filing of appeals by refugees.
(c) The written notice shall include:
(i) An explanation of the reason for the action;
(ii) The proposed adverse consequences; and
(iii) Notice of the recipient's right to mediation and a hearing.
(d) A written notice in English and a written translated notice, or a verbal translation of the notice shall be sent or provided to a refugee at least 10 calendar days before the date the action becomes effective.