Md. Code Regs. 07.03.17.40

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

Section 07.03.17.40 - Income and Resources of an Ineligible Household Member

A. The local department shall count the countable income and resources of an individual who resides with the household but has been excluded from the household because the individual is:

(1) An ineligible immigrant as described in Regulation .04B(1) of this chapter;

(2) Without a Social Security number and has not applied for one as described in Regulation .11 of this chapter;

(3) An able-bodied adult without dependents as described in Regulation .04B(4) of this chapter; or

(4) Disqualified from the Program as described in Regulation .04B(2)(b)-(d) of this chapter after receiving notice.

B. The local department shall count the entire amount of countable income and resources of the ineligible individual excluded from the household as described in §A(4) of this regulation when calculating the total countable income and resources for the household.

C. Prorated Share.

(1) The local department shall count the entire countable resources and the prorated share of the income of the ineligible individual in §A(1)-(3) of this regulation when calculating the total countable income and resources of the household.

(2) The prorated share is calculated by subtracting the allowable exclusions and dividing the ineligible individual's remaining income evenly among household members, including the ineligible individual.

(3) The prorated share is added to each member's countable income.

(4) The prorated deduction is calculated as follows:

(a) The 20 percent earned income deduction is applied to the prorated share of the excluded individual's earned income;

(b) The share of the household's allowable shelter and dependent care expenses that are paid by or billed to the excluded individual is divided evenly among household members; and

(c) The amount of each member's share is counted toward the shelter and dependent care expenses of the household.

(5) The local department may not count the ineligible individual when determining:

(a) Household size for the benefit level;

(b) Household size for the income eligibility standard; or

(c) Resource eligibility limit.

D. Treatment of Income and Resources of Nonhousehold Members.

(1) The local department may not count the income and resources of an individual who resides with the household as available to the household if the individual is:

(a) An ineligible student as described in Regulation .10 of this chapter; or

(b) A nonhousehold member as described in Regulation .03D of this chapter.

(2) Cash payments from the nonhousehold member to the household are considered income to the household.

Md. Code Regs. 07.03.17.40

Regulations .40 adopted effective December 25, 2000 (27:25 Md. R. 2280)
Regulation .40 amended as an emergency provision effective November 1, 2001 (28:24 Md. R. 2122); amended permanently effective March 18, 2002 (29:5 Md. R. 502)