Md. Code Regs. 07.03.05.02

Current through Register Vol. 52, No. 1, January 10, 2025

Section 07.03.05.02 - Definitions

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 for assistance:

(i) Directly;

(ii) Through the individual's authorized representative; or

(iii) If incompetent or incapacitated, through someone acting responsibly for the individual; and

(b) Whose application is pending.

(2) "Application" means giving written notice to the local department of social services of a desire to receive assistance.

(3) "Authorized representative" means an individual who has been designated in writing by the applicant or recipient to act on behalf of the applicant or recipient.

(4) "Benefit" means a grant provided under the Temporary Disability Assistance Program (TDAP).

(5) "Burial funds" means a revocable burial contract, burial trust, or other burial arrangement or fund set aside for the individual's burial needs.

(6) "Department" means the Department of Human Resources.

(7) "Disability Entitlement Advocacy Program (DEAP)" is a former State program to help severely disabled individuals to establish eligibility for federal disability programs.

(8) Earned Income.

(a) "Earned income" means payment received by an individual for work or services performed.

(b) "Earned income" includes wages, salary, commissions, tips, and proceeds from self-employment.

(9) "Eligibility period" means the number of months that an individual is found eligible to participate in TDAP.

(10) "Impairment" means an individual is unable to work at any occupation due to a medically verified mental or physical condition.

(11) "Institution" means an establishment that:

(a) Furnishes, in single or multiple facilities, food and shelter to more than 16 individuals unrelated to the proprietor; and

(b) Provides treatment or services beyond the basic provision of food or shelter.

(12) "Intentional Program violation (IPV)" means an intentional false or misleading statement or misrepresentation, concealment, or withholding of facts for the purpose of:

(a) Establishing or maintaining the applicant or recipient's eligibility for TDAP; or

(b) Increasing or preventing a reduction of the amount of TDAP.

(13) "Local department" means:

(a) A department of social services in a county or Baltimore City; and

(b) The Montgomery County Department of Health and Human Services.

(14) "Local department area" means the jurisdiction served by the local department.

(15) "Public institution" means:

(a) An institution that is the direct fiscal responsibility of a governmental unit; or

(b) An institution over which a governmental unit exercises administrative control.

(16) "Qualified alien" means an individual who is not a citizen of the United States who:

(a) Is lawfully admitted for permanent residence under the Immigration and Nationality Act, 8 U.S.C. §§ 1101 -1537 ;

(b) Is admitted to the United States as a refugee under § 207 of the Immigration and Nationality Act, 8 U.S.C. § 1157;

(c) Is granted asylum under § 208 of the Immigration and Nationality Act, 8 U.S.C. § 1158;

(d) Has had deportation or removal withheld under § 243(h) or 241(b)(3) of the Immigration and Nationality Act, 8 U.S.C. § 1253(h) or 1231(b)(3);

(e) Has been granted status as a Cuban or Haitian entrant as defined in § 501(e) of the Refugee Education Assistance Act of 1980, 8 U.S.C. § 1522 note;

(f) Is paroled into the United States for a period of at least 1 year under § 212(d)(5) of the Immigration and Nationality Act, 8 U.S.C. § 1182(d)(5);

(g) Is granted conditional entry pursuant to § 203(a)(7) of the Immigration and Nationality Act, 8 U.S.C. § 1153(a)(7), as in effect before April 1, 1980; or

(h) Is a battered spouse, battered child, or parent or child of a battered individual.

(17) "Resident" means an individual who, at the time of application:

(a) Is physically present in the local department area;

(b) Has no address in any other local department area; and

(c) Intends to remain in the local department area.

(18) "Resource" means:

(a) Cash;

(b) Liquid assets; and

(c) Any real or personal property that the individual:

(i) Owns individually or jointly; and

(ii) Can convert to cash for support and maintenance.

(19) "Sponsor" means an individual who executed an affidavit of support or similar agreement on behalf of an immigrant as a condition of the immigrant's entry or admission into the United States as a permanent resident.

(20) "Spouse" means either of two individuals who would be defined as married to each other under applicable State law.

(21) "State Review Team (SRT)" means the interdisciplinary team within the Family Investment Administration that determines whether an individual is disabled under SSI criteria for medical assistance eligibility.

(22) "Supplemental Security Income (SSI)" means the federally funded program paid by the Social Security Administration to individuals who:

(a) Meet established disability requirements; or

(b) Are 65 years old or older.

(23) "Treatment program" means an inpatient or outpatient substance abuse treatment program certified by the Department of Health and Mental Hygiene (DHMH).

(24) "Unearned income" means money, goods, and services received from sources other than earned income such as pensions, benefits, returns from investments, payments of support, or contributions.

(25) Verification.

(a) "Verification" means proof that the statements made by an individual during the application or recertification of eligibility for TDAP are true.

(b) "Verification" includes proof contained in documents or records of public or private agencies, firms or individuals.

Md. Code Regs. 07.03.05.02

Regulation .02B amended effective November 15, 2010 (37:23 Md. R. 1609)