Md. Code Regs. 07.03.03.18

Current through Register Vol. 51, No. 18, September 6, 2024

Section 07.03.03.18 - 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.

(1) The local department shall advise applicants and recipients of the change reporting requirements.

(2) An applicant or recipient who fails to report receipt of or a change in countable income, as required by this section, loses the earnings disregards as described in Regulation .13E(3)(b) of this chapter for the period of time the change was unreported.

(3) A recipient shall report:

(a) Any change in circumstance that may affect the amount of payment to the local department within 10 days of the change; and

(b) New employment within 10 days of receipt of the first pay.

(4) The effective date of a grant change shall be made as follows:

(a) Except as provided in paragraph (b) of this section, unless TCA is continued pending disposition of an appeal, the effective date of the grant change is:

(i) The first day of the month immediately following the month in which the change occurred; or

(ii) Not later than the first day of the second subsequent month following the month in which the change occurred.

(b) Unless TCA is continued pending disposition of an appeal, if the change in circumstance involves new employment, the effective date of the grant change shall be no later than 10 days following the receipt of the first pay upon the participant obtaining employment.

(5) When TCA is terminated for any reason, continued eligibility for Medical Assistance shall be reevaluated for the assistance unit.

(6) If the assistance unit becomes ineligible because of a parent's earnings and the assistance unit has received TCA in 3 of the last 6 months, the assistance unit is eligible to receive child care for an additional 12 months, based on the caretaker relative's income.

(7) After the termination of TCA the local department shall provide transitional food supplement benefits as described in COMAR 07.03.17.49H.

(8) An assistance unit that becomes ineligible for TCA solely because of increased collection of child support is eligible for 4 additional months of Medical Assistance.

(9) Recipients may request that their case be closed at any time.

C. Adequate Notice.

(1) The local department shall provide a FIP recipient with written notice of any change.

(2) Except as provided in §C(3) of this regulation, the written notice shall include:

(a) A statement of what action the local department intends to take;

(b) The reasons for the intended action;

(c) The specific regulations supporting the action;

(d) An explanation of the individual's right to request an administrative hearing;

(e) The circumstances under which assistance is continued if an administrative hearing is requested; and

(f) The appellant's obligation to repay any benefits issued during the appeal period if the administrative hearing results in a determination that the appellant was ineligible for benefits that were issued pending appeal.

(3) When changes in either State or federal law require automatic benefit adjustments for categories of recipients, timely notice of a grant adjustment shall be given, which is adequate if it includes:

(a) A statement of what action the local department intends to take;

(b) The reasons for the intended action;

(c) A statement of a specific change in law requiring the action;

(d) An explanation of the individual's right to request an administrative hearing;

(e) The circumstances under which assistance is continued if an administrative hearing is requested; and

(f) The appellant's obligation to repay any benefits issued during the appeal period if the administrative hearing results in a determination that the appellant was ineligible for benefits that were issued pending appeal.

D. Timely Notice of Termination or Reduction.

(1) The local department shall mail or hand deliver written advance notice at least 10 calendar days before the date of a reduction, termination, or suspension action except as described in §D(2) of this regulation.

(2) Exceptions to timely notice are:

(a) Death of the recipient;

(b) The recipient's whereabouts are unknown, after exploring all available information;

(c) The recipient has been accepted for assistance in a new jurisdiction;

(d) The TCA child is removed from the home by a court or is placed in foster care; or

(e) The recipient requests, in writing, that the case be closed.

Md. Code Regs. 07.03.03.18

Regulations .18 adopted effective February 18, 2002 (29:3 Md. R. 216)
Regulation .18B amended as an emergency provision effective February 18, 2002 (29:10 Md. R. 821); emergency status extended at 29:17 Md. R. 1375; amended permanently effective September 16, 2002 (29:18 Md. R. 1442)
Regulation .18D amended effective August 16, 2004 (31:16 Md. R. 1253)
Regulation .18B amended effective 41:10 Md. R. 561, eff.5/26/2014