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07.03.17.06

.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 program as described in §D of this regulation;

(3) An individual who is blind or disabled, as defined in Regulation .02B of this chapter, and who is in a group living arrangement as described in §C of this regulation;

(4) An individual in a shelter for battered women and children operated by a nonprofit public or private agency as described in §E of this regulation; or

(5) A resident of a public or private nonprofit shelter for the homeless as described in §F of this regulation.

B. An individual is considered a resident of an institution when the institution:

(1) Provides over 50 percent of three meals daily as part of the institution's normal services; and

(2) Has not been authorized to accept Program benefits.

C. Residents of Group Living Arrangements.

(1) A group living arrangement is a public or private nonprofit residential setting that:

(a) Serves no more than 16 residents; and

(b) Is certified by the Department or the Department of Health and Mental Hygiene under §1616(e) of the Social Security Act or comparable standards.

(2) A resident who is blind or disabled as defined in Regulation .02B of this chapter is eligible for Program benefits.

(3) Residents may apply for Program benefits:

(a) On their own; or

(b) Through an authorized representative.

D. Residents of Drug and Alcoholic Treatment Centers.

(1) Drug addicts or alcoholics, and their children, who regularly participate in a residential publicly operated or private nonprofit drug or alcoholic treatment program may apply to participate in the Program.

(2) The local department shall certify residents of drug and alcoholic treatment centers through an authorized representative who is an employee of the center.

E. Shelters for Battered Women and Children.

(1) A shelter resident who left a certified household containing the abuser may apply for and be certified for the Program as a separate household.

(2) A local department shall:

(a) Certify shelter residents who apply as separate households on the basis of the resident's income, resources, and the expenses for which the resident is responsible without regard to the income and resources of the former household; and

(b) Consider jointly held resources as inaccessible.

F. Residents of Public or Private Nonprofit Shelters for the Homeless.

(1) An individual who resides in a shelter for the homeless is entitled to apply for and, if eligible, receive Program benefits.

(2) The homeless shelter may not require a resident of the homeless shelter to surrender Program benefits to the shelter.

(3) The use of Program benefits to purchase prepared meals from public or private nonprofit homeless meal providers shall be voluntary.

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