Md. Code Regs. 07.03.17.04

Current through Register Vol. 51, No. 22, November 1, 2024

Section 07.03.17.04 - Ineligible Household Members

A. The local department:

(1) May not include ineligible household members in the household:

(a) When determining the household's size for assigning a benefit level to the household, or

(b) For comparing the household's monthly income with the income eligibility standards; and

(2) Shall treat the income and resources of an ineligible member in the manner described in Regulation .40 of this chapter.

B. The following household members are ineligible:

(1) An immigrant who is:

(a) Illegally present in the United States,

(b) On a student, tourist, or visitor visa,

(c) A diplomat, or

(d) Lawfully admitted for permanent residence but who does not satisfy the requirements of Regulation .09 of this chapter;

(2) An individual who:

(a) Fails to provide a Social Security number,

(b) Is disqualified for intentional program violation as described in Regulation .56 of this chapter,

(c) Fails to comply with a work requirement as described in Regulation .21 of this chapter, or

(d) Flees to avoid prosecution, custody, or confinement after conviction for a crime, or attempt to commit a crime, that is a felony, for the period the individual is fleeing;

(3) A student who does not meet the eligibility criteria set forth in Regulation .10 of this chapter;

(4) An able-bodied adult without dependents who does not meet the work requirement as described in Regulation .23 of this chapter; or

(5) Except as described in §C of this regulation, an individual who is convicted for an offense after August 22, 1996, which:

(a) Is classified as a felony, and

(b) Has an element of possession, use, or distribution of a controlled substance.

C. An Individual with a Drug-Related Felony Offense.

(1) An applicant for Program participation who is an individual convicted of a felony offense as described in §B(5) of this regulation may receive Program benefits if, for 2 years starting from the date of application, the individual submits to:

(a) Testing for substance abuse as established by the Department; and

(b) Treatment consistent with Article 88A, § 50A, Annotated Code of Maryland.

(2) If an individual is convicted of a violation of Criminal Law Article, §§5-602 -5-609, Annotated Code of Maryland, or 21 U.S.C. § 841 (the manufacture or distribution of a controlled dangerous substance or possession with intent to distribute a controlled dangerous substance) while receiving Program benefits, the individual is:

(a) Ineligible for 1 year from the date of the conviction; and

(b) Subject to testing and treatment for substance abuse for a period of 2 years starting from the later of the date when the individual:

(i) Is released from incarceration,

(ii) Completes any term of probation, or

(iii) Completes any term of parole and mandatory supervision.

Md. Code Regs. 07.03.17.04

Regulation .04I adopted effective November 20, 1994 (21:23 Md. R. 1931)
Regulations .04 adopted effective December 25, 2000 (27:25 Md. R. 2280)
Regulation .04C amended effective October 24, 2005 (32:21 Md. R. 1706)