Md. Code Regs. 07.03.17.12

Current through Register Vol. 51, No. 26, December 27, 2024

Section 07.03.17.12 - Categorical Eligibility

A. A household is categorically eligible for Program benefits if all members of the household are receiving or are authorized to receive:

(1) Cash benefits funded in full or in part with federal money under Title IV-A or with State money counted for maintenance of effort purposes under Title IV-A;

(2) Non-cash or in-kind service programs funded in full or in part with federal money under Title IV-A or with State money counted for maintenance of effort purposes under Title IV-A that are designed to further purposes one and two of the Temporary Assistance to Needy Families block grant, as set forth in Public Law 104-193 § 401;

(3) Temporary Disability Assistance Program (TDAP);

(4) Public Assistance to Adults (PAA); or

(5) SSI benefits.

B. Categorical eligibility means that the local department shall accept without the verification required in Regulation .20 of this chapter, the following food stamp eligibility factors:

(1) Resource and gross and net income limits;

(2) Social Security number;

(3) Sponsored alien information; and

(4) Residency.

C. A categorically eligible household is not subject to the income eligibility standards of Regulation .42A and B of this chapter.

D. A household is not categorically eligible if:

(1) All members of the household are institutionalized in accordance with Regulation .06 of this chapter;

(2) A member is disqualified for an intentional program violation in accordance with Regulation .56 of this chapter; or

(3) The head of household is disqualified for failure to comply with work registration requirements in accordance with Regulations .22 and .24 of this chapter.

E. The local department may not include an individual as a member of a household otherwise categorically eligible if that individual is:

(1) An ineligible immigrant as described in Regulation .09 of this chapter;

(2) Ineligible under the student provision in Regulation .10 of this chapter;

(3) Institutionalized in a non-exempt facility as defined in Regulation .06 of this chapter; or

(4) Ineligible because of failure to comply with a work requirement as described in Regulations .21 and .24 of this chapter.

F. An individual who receives zero Public Assistance (PA) as described in Regulation .02B of this chapter or SSI benefits is considered a recipient of a benefit from those programs if the individual is:

(1) Authorized to receive the benefit but has not yet received payment;

(2) Entitled to the benefit but the benefit is suspended or recouped; or

(3) Entitled to the benefit but is not receiving it because the grant is less than the minimum amount.

G. A household otherwise categorically eligible that has filed a joint PA and FSP application and is denied Program benefits, but is later determined eligible for PA benefits, shall be issued Program benefits using the original application and any other pertinent information occurring after that application.

H. To determine if a household is eligible for Program benefits due to its status as a PA or SSI household, the local department may postpone the Program eligibility determination for 30 days if the household:

(1) Is not entitled to expedited service; and

(2) Appears to be categorically eligible.

I. The local department shall postpone denying a potentially categorically eligible household until the 30th day if the household appears to be eligible to receive PA benefits.

J. Once the PA application is approved, the household is considered categorically eligible unless ineligible under §D of this regulation.

K. If the PA application is denied, the local department:

(1) Shall continue processing the application according to Program regulations; or

(2) May require a new application if the local department does not have enough information to make the eligibility determination.

L. The local department shall exclude the resources of a household member who receives TCA or SSI.

Md. Code Regs. 07.03.17.12

Regulations .12 adopted effective December 25, 2000 (27:25 Md. R. 2280)