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07.03.03.00.htm 07.03.03.00. Title 07 DEPARTMENT OF HUMAN SERVICES Subtitle 03 FAMILY INVESTMENT ADMINISTRATION Chapter 03 Family Investment Program Authority: Human Services Article, §5-207 and Title 5, Subtitle 3, Annotated Code of Maryland; Ch. 469, Acts of 2009; Public Law 112-96
07.03.03.01.htm 07.03.03.01. 01 Purpose and Scope.. A. Family Investment Programs.. 1) The Family Investment Programs (FIP) provide assistance to individuals and families with children. The assistance program components under FIP include Welfare Avoidance Grants, Temporary Cash Assistance, Office of Home Energy Programs and alternative programs.2) The scope of the following programs are as follows:. a) Temporary Cash Assistance provides cash assistance while preparing program participants for independence.
07.03.03.02.htm 07.03.03.02. 02 Definitions.. A. In this chapter, the following terms have the meanings indicated.. B. Terms Defined.. 1) "Addictions specialist" means an individual who is licensed or certified by the Maryland Department of Health to screen, assess, and refer individuals to substance abuse treatment and support services.2) "Affordable formal child care arrangements" means that the fee charged by the provider is less than or equal to the assigned copayment for a non-TCA family of the same size
07.03.03.03.htm 07.03.03.03. 03 Family Investment Program Components.. A. Eligible individuals may be referred to a program component during the application process described in Regulation .04 of this chapter.B. Welfare Avoidance Grant (WAG). 1) Individuals may not apply for a WAG.. 2) A local department may offer a WAG according to criteria described in the local plan approved by the Department.3) A WAG is cash assistance to a family with children, which is paid based on an agreement signed by
07.03.03.04.htm 07.03.03.04. 04 Application Process.. A. Right to File.. 1) An individual is entitled to file an application, and may be assisted by an individual of choice in the various aspects of the application process and the determination of eligibility.2) A local department shall have available and distribute publications explaining program features and requirements, rights and responsibilities, and appeals procedures in understandable and simple language.B. Application.. 1) The local department shall:.
07.03.03.05.htm 07.03.03.05. 05 Decision on Application.. A. The local department shall make a decision as to payment of cash assistance as promptly as possible but not later than 30 calendar days following the date the signed application for TCA is received in the local department.B. If the assistance unit is eligible in the month of application, the TCA grant begins the date the signed application is received in the local department.C. If the assistance unit is not eligible in the month of application, the
07.03.03.06.htm 07.03.03.06. 06 The Assistance Unit.. A. The assistance unit includes all of the following individuals living in the same household:. 1) A parent and all eligible children;. 2) A parent or child of a minor parent;. 3) All minor siblings related by blood, adoption, or marriage except those described in §B(5) and C of this regulation;4) A pregnant woman with no other children if:. a) The child, if born and living with the woman, would be eligible; and.
07.03.03.07.htm 07.03.03.07. 07 Eligibility Requirements.. A. Citizenship and Immigration Status.. 1) A TCA recipient shall be a:. a) U.S. citizen; or. b) Qualified immigrant as described in Regulation .02B of this chapter or otherwise permanently residing in the United States under color of law.2) Qualified immigrants who are not eligible for federally funded benefits shall be:. a) Eligible for benefits funded entirely with State general funds; and.
07.03.03.07-1.htm 07.03.03.07-1. 07-1 Employment and Education Requirements.. A. Each adult in the assistance unit, and each child age 16 years old or older in the assistance unit who is not enrolled full-time in school or pursuing a diploma or the equivalent, shall participate in a work activity which is:1) Approved by the local department;. 2) Likely to result in unsubsidized employment; and. 3) Scheduled up to 40 hours per week.. B. Failure of an adult to cooperate in a work requirement without good caus
07.03.03.08.htm 07.03.03.08. 08 Long Term Disability.. A. Impairment.. 1) An otherwise eligible individual who is impaired and whose medical report shows an impairment of 12 months or more, or if less than 12 months the impairment will result in the individual's death, or a parent or caretaker relative on behalf of an impaired child in the assistance unit, shall:a) Be referred to the Social Security Administration for determination of eligibility for SSI or other benefit; and
07.03.03.09.htm 07.03.03.09. 09 Substance Abuse Treatment, Services, and Sanction Requirements.. A. Adult and minor parent applicants and recipients of TCA shall:. 1) Be screened for substance abuse in the local department by the addictions specialist; and. 2) Comply with assessment and treatment requirements, if appropriate.. B. Screening and Assessment.. 1) During the assessment of an applicant or recipient's needs, the addictions specialist shall advise the individual of the:
07.03.03.10.htm 07.03.03.10. 10 Child Support Requirements.. A. As a condition of eligibility for TCA, the applicant or recipient shall:. 1) File an application for child support enforcement services;. 2) Assign to the State all right, title, and interest in support, for the period that the family receives Temporary Cash Assistance for a child included in the TCA assistance unit; and3) Unless exempt for good cause, cooperate in the establishment and enforcement of child support for each child in:
07.03.03.11.htm 07.03.03.11. 11 Financial Eligibility.. A. The assistance unit is not eligible for TCA if the total net income of the case calculated as described in Regulation .13 of this chapter is more than the allowable payment amount for the unit size as described in Regulation .17 of this chapter.B. When the expenses of a case exceed the known income or assets, the local department shall require the applicant or recipient to provide additional explanations or verifications.
07.03.03.12.htm 07.03.03.12. 12 Assets.. The local department shall:. A. Exclude assets of an individual when determining TCA eligibility; and. B. Count the assets of a sponsor when determining TCA eligibility for a sponsored immigrant as described in Regulation .15C of this chapter.
07.03.03.13.htm 07.03.03.13. 13 Income and Benefit Amount.. A. Sources of Countable Income.. 1) TCA income calculations apply to both members of an assistance unit and nonmembers whose income is countable to the assistance unit.2) Each member of the assistance unit is considered to be a recipient of FIP even though no cash assistance is paid.3) Determination of Income from an Illegal or Undocumented Immigrant or a Technically Ineligible Household Member. A prorated portion of the income of
07.03.03.14.htm 07.03.03.14. 14 Lump Sum Income.. A. Lump sum income is a nonrecurrent 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, have been applied;2) Income resulting from the computation in §B(1) of this regulation is divided by an amount equal to the allowable payment amount for the assistance unit size as described in
07.03.03.15.htm 07.03.03.15. 15 Sponsored Qualified Immigrants.. A. This regulation applies to qualified immigrants who are required by federal law to have a sponsor who has signed an I-864 Affidavit of Support.B. Countable Income of Sponsors. All monthly earned and unearned income of the sponsor and the sponsor's spouse is countable as described in Regulation .13B―D of this chapter, with the following disregards:1) 20 percent of the gross earned income, or 50 percent of the gross income if self-employed;.
07.03.03.16.htm 07.03.03.16. 16 Method of Payment.. A. Electronic Benefit Transfer. The Department of Human Services operates an electronic benefit transfer system in Maryland under agreement with the U.S. Department of Health and Human Services and pursuant to U.S. Department of Agriculture regulations.B. TCA Grant.. 1) A TCA grant is paid by check or by the electronic benefit transfer system (EBTS). 2) The period of time covered by a TCA grant is the calendar month..
07.03.03.17.htm 07.03.03.17. 17 Temporary Cash Assistance Schedule.. Monthly Allowable Amounts to be Paid Effective October 1, 2008. Monthly Allowable Amounts to be Paid Effective November 1, 2013. Column B is based on household having zero income.A. Number of Individuals in the Assistance Unit. B. Allowable Amount to be Paid. C. Allowable Amount for Determining Stepparent Eligibility (50 percent of Poverty Level). 282. 478. 559. 646. 3. 624. 813. 755. 981. 875. 1,148. 962. 1,316. Each individual over 16.
07.03.03.18.htm 07.03.03.18. 18 Reapplication, Changes, Timely and Adequate Notice.. A. Reapplication.. 1) The local department shall:. a) Assign a period of eligibility as described in Regulation .05D of this chapter, after which a new application is required;b) Notify a recipient when a reapplication is required; and. c) Schedule an interview for a reapplication in time to provide uninterrupted benefits.. 2) A reapplication is treated the same as an application.. B. Interim Change..
07.03.03.19.htm 07.03.03.19. 19 Conciliation, Sanctions, and Other Penalties.. A. Conciliation Process.. 1) Conciliation and sanction are applied to recipient assistance units only.. 2) The local department shall allow one 30-day conciliation period for each recipient’s failure to comply with requirements for each of the following:a) Work as specified in Regulation .07-1 of this chapter;. b) Child support as specified in Regulation .10A of this chapter;.
07.03.03.20.htm 07.03.03.20. 20 Time Limits.. A. 24-Month Time Limit.. 1) An adult parent receiving assistance shall engage in work, when appropriate child care is available, as defined by the local department of social services, at the earlier of when the:a) Local department determines that the parent is ready to engage in work in accordance with UE requirements in Regulation .07-1 of this chapter; orb) Parent has received assistance for 24 cumulative months under TCA funded wholly or in part by federal funds.
07.03.03.21.htm 07.03.03.21. 21 Payment Irregularities.. Payment irregularities, which include overpayments, underpayments, fraud, and recoupment of funds, are handled according to COMAR 07.03.14.
07.03.03.22.htm 07.03.03.22. 22 Quality Control Review.. A. The Family Investment Administration shall review TCA cases.. B. An individual who refuses to cooperate in the quality control review is subject to termination of cash assistance or service as provided in §D of this regulation.C. An individual whose case is terminated for refusal to cooperate in a quality control review may apply for and receive assistance if otherwise eligible in the future, if the individual:
07.03.03.23.htm 07.03.03.23. 23 Appeals and Complaints of Discrimination.. A. Agency Conference. A FIP recipient may request an agency conference to:. 1) Obtain an explanation of the reasons for proposed actions; and. 2) Present information to show that the proposed action is incorrect.. B. Appeal of Local Department Decision. The local department shall give to each applicant or recipient of FIP written notification of the right to and procedures for requesting and obtaining an administrative hearing as set f
07.03.03.24.htm 07.03.03.24. 24 Appeal Procedure for Displaced Workers.. A. In this regulation, the following terms have the meanings indicated:. 1) "Displacement" means employing or assigning a subsidized participant when:. a) The employer has terminated the employment of an employee, or the employee's current position, or otherwise caused an involuntary reduction in its work force in order to fill the vacancy with a subsidized participant;b) An individual is hired while another person is
07.03.03.25.htm 07.03.03.25. 25 Information Agreements.. A. The Secretary of the Department and the Executive Director of the Family Investment Administration, or their designees, shall develop partnership agreements for the exchange of information with any entities necessary to assist in the verification of cash assistance eligibility.B. The agreements shall be in writing and shall:. 1) Include procedures for requesting, obtaining, and examining the information;. 2) Specify the Secretary'
07.03.03.26.htm 07.03.03.26. 26 Demonstration Projects.. A. Grants.. 1) Demonstration projects shall be developed in partnership with the local department through grants approved by the Department to:a) Nonprofit organizations;. b) Local education agencies;. c) Local management boards;. d) Local health departments;. e) Religious organizations; and. f) Institutions of higher education.. 2) A religious organization may participate in FIP on the same basis as any other nongovernment entity. The funds allocated t
07.03.03.9999.htm 07.03.03.9999. Administrative History Effective date: October 1, 1996 (23:19 Md. R. 1372). Regulation .01 amended as an emergency provision effective December 9, 1996 (23:26 Md. R. 1855) amended permanently effective March 24, 1997 (24:5 Md. R. 483)Regulation .02B amended as an emergency provision effective December 9, 1996 (23:26 Md. R. 1855) amended permanently effective March 24, 1997 (24:5 Md. R. 483)Regulation .04C amended as an emergency provision effective December 9, 199
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