Md. Code Regs. 07.03.17.49

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

Section 07.03.17.49 - Local Department Action on Changes

A. When a household circumstance change is reported, the local department shall:

(1) Document in the case file the change and the date the change is reported to the local department;

(2) Act on the change as described in §§C-F of this regulation if the new circumstance is expected to continue at least 1 month beyond the month in which the change is reported;

(3) Notify the household in writing of receipt of the change report and any resulting adjustments to the allotment;

(4) Notify the household of any additional verification requirements resulting from the change;

(5) Notify the household whenever changes in the PA grant will affect the allotment or certification period; and

(6) Provide another change report form.

B. Increase in Benefits.

(1) If the change is an addition of a new member who is not a member of another certified household, or a reduction by $50 or more in the household's gross monthly income, the local department shall issue:

(a) Any increased benefits not later than the first allotment issued 10 days after the date the change was reported to the local department; or

(b) A supplemental authorization for the amount of increase for that month if the report date is too late for the local department to effect an increase in the regular allotment in the month following the report.

(2) Increased benefits due a household resulting from a reported change other than those specified in §B(1) of this regulation are effective not later than the first allotment issued 10 days after the date the change was reported.

C. Verification of Changes.

(1) The local department shall obtain required verification before taking action on a change which increases benefits.

(2) The household is allowed 10 days from the date the change is reported to provide verification.

(3) If the household:

(a) Provides verification within 10 days from the date the change is reported, the time frame for taking action as described in §B of this regulation begins on the date the change is reported; or

(b) Fails to provide verification within 10 days from the date the change is reported, the time frame for taking action as described in §B of this regulation begins on the date the verification is provided.

D. The local department shall terminate benefits following the issuance of a notice of adverse action if the household refuses to cooperate in providing verification of the change.

E. If the local department fails to issue the increased benefits within the time limits provided in §§B and C of this regulation, it shall restore the benefits lost to the household.

F. Decreases in Benefits. If the household's benefit level decreases or the household becomes ineligible as a result of a reported change, the local department shall:

(1) Issue a notice of adverse action within 10 days of the date the change was reported;

(2) Make the decrease or termination effective not later than the regular allotment for the month following the month in which the notice period expired, unless the household requested a fair hearing and continuation of benefits; and

(3) Obtain required verification before recertification.

G. Unclear Information.

(1) When the local department receives information about a change in a household's circumstances during the certification period and cannot readily determine the effect of the change on the household's benefit amount, the local department shall issue a written request for contact that:

(a) Clearly advises the household of the verification it must provide or the action it must take to clarify its circumstances;

(b) Provides the household with at least 10 days to respond and to clarify its circumstances; and

(c) States the consequences if the household fails to respond to the request for contact.

(2) The local department shall issue a notice of adverse action as described in Regulation .51 of this chapter if the household:

(a) Does not respond to the request for contact; or

(b) Responds to the request for contact and refuses to provide sufficient information to clarify its circumstances.

(3) If the household responds to the request for contact and provides sufficient information, the local department shall act on any change as described in §§A-F of this regulation.

H. Transitional FSP Benefits.

(1) Except as described in §H(4) and (5) of this regulation, after the termination of a Temporary Cash Assistance (TCA) benefit the local department shall provide transitional FSP benefits for 5 months after the date on which the TCA benefit was terminated.

(2) Amount of the Benefit. During the transitional benefit period, a household shall receive an amount of Program benefits equal to the allotment received in the month immediately before the date on which the TCA benefit was terminated, adjusted for the change in household income as a result of the loss of the TCA benefit.

(3) Continued Eligibility after the Transitional Benefit Period.

(a) To continue to receive Program benefits beyond the transitional benefit period the household shall cooperate in a recertification of eligibility as described in Regulation .52 of this chapter.

(b) The local department may initiate a new certification period for the household receiving transitional benefits regardless of whether the prior certification period has expired.

(4) A household may not receive transitional benefits as described in §H(1) and (2) of this regulation if the household:

(a) Did not receive a TCA benefit for at least 1 month prior to the month in which the TCA benefit ended; or

(b) Lost TCA or Program eligibility because of:

(i) Failure to comply with a TCA eligibility requirement, as described in COMAR 07.03.03.19B;

(ii) Failure to comply with work requirements as described in Regulations .21-.24 of this chapter;

(iii) Disqualification for an intentional program violation as described in Regulation .56 of this chapter;

(iv) Status as an individual fleeing 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;

(v) Ineligible immigrant status as described in Regulation .09 of this chapter;

(vi) A transfer of assets as described in Regulation .29 of this chapter; or

(vii) The household's move out of the State.

(5) Application for Recertification.

(a) During the transitional benefit period the household may apply for recertification at any time.

(b) If a household applies for recertification as described in §H(5)(a) of this regulation, the local department shall determine benefits for subsequent months without regard to §H of this regulation.

(6) The transitional benefit period shall end if:

(a) A household member applies for Program benefits in another household during the transitional benefit period; or

(b) The household reapplies for and is found eligible for TCA during the transitional benefit period.

Md. Code Regs. 07.03.17.49

Regulations .49 adopted effective December 25, 2000 (27:25 Md. R. 2280)
Regulation .49A amended effective October 27, 2003 (30:21 Md. R. 1528)
Regulation .49H adopted effective February 17, 2003 (30:3 Md. R. 177)
Regulation .49H amended effective November 15, 2010 (37:23 Md. R. 1609)