Md. Code Regs. 07.03.22.04

Current through Register Vol. 51, No. 24, December 2, 2024

Section 07.03.22.04 - Income Requirements

A. Total Household Income. The applicant's total household income is determined by using countable income, as described in §D of this regulation, received by household members during the 30-day period before the date of application.

B. Maximum Allowable Income. The Administration shall determine the maximum allowable income for households as indicated in Regulation .03C of this chapter.

C. Income of Household Members Not Meeting the U.S. Citizenship Requirements.

(1) Any member of the applicant's household, including the applicant, who does not meet the U.S. citizenship requirements as provided in Regulation .03D of this chapter shall be included on the application but may not be counted as a member of the applicant's household.

(2) For the purpose of determining the household's eligibility, the income attributed to the individual who is not a U.S. citizen shall be verified and included in the household's total income.

D. Countable Income. Income from the following sources is considered countable income:

(1) Gross wages, tips, and commissions received from employment;

(2) Self-employment income and rental income, less expenses (excluding depreciation expenses) necessary to produce the income;

(3) Social Security income less Medicare payment deduction;

(4) Supplemental Security Income (SSI) less Medicare payment deduction;

(5) Dividends;

(6) Interest received from savings or checking accounts;

(7) Interest or dividends received from the redemption of bonds;

(8) Estate or trust fund income;

(9) Royalties;

(10) Temporary Cash Assistance (TCA);

(11) Temporary Disability Assistance Program (TDAP);

(12) Pensions;

(13) Disbursements from annuities, individual retirement accounts (IRAs), or other retirement accounts;

(14) Child support;

(15) Alimony or spousal support;

(16) Workers' Compensation benefits;

(17) Unemployment Insurance benefits;

(18) Veteran's pension benefits;

(19) Mine worker's benefits;

(20) Armed forces dependent allowances;

(21) Criminal Injuries Compensation Board payments;

(22) Monetary gifts and loans, excluding the portion of a student loan used to cover tuition and required fees;

(23) Stipends for educational or research fellowships for living expenses excluding that portion that covers tuition and required fees;

(24) Employee strike funds where there is no employee contribution;

(25) Third-party payments received by live-in home care providers for the care of adults who cannot care for themselves; and

(26) Railroad retirement benefits less Medicare payment deduction.

E. Noncountable Income. Income or resources from the following sources are not considered countable income:

(1) Third-party payments over which the household has no discretion of the use of the funds;

(2) In-kind contributions of a commodity or service such as gifts of food, building materials used for repairs, or labor;

(3) Employment income of children 17 years old or younger;

(4) Educational assistance funded under Title IV of the Higher Education Act or under the Bureau of Indian Affairs;

(5) Educational assistance, such as grants, scholarships, fellowships, educational loans on which payment is deferred, work-study, and veterans' benefits, to pay for tuition, books, and other required materials, and required fees which are awarded to a household member enrolled:

(a) At a recognized institution of post-secondary education,

(b) At a school for individuals with disabilities,

(c) In a vocational education program in a vocational or technical school, or

(d) In a program that provides for obtaining a secondary school diploma or an equivalent;

(6) Payments under the Federal Action Program to participants in the Retired Senior Volunteer Program, Foster Grandparents, or Senior Companion Program;

(7) Stipends to participants in State or federally funded job training programs;

(8) Federal Department of Housing and Urban Development (HUD) direct payment subsidies provided to households;

(9) Food Supplement Program benefits;

(10) Welfare Avoidance Grants (WAGs);

(11) Public assistance vendor payments provided for emergency assistance or special assistance;

(12) Foster care grants and foster child care payments;

(13) Child support paid as required by court order pursuant to §F of this regulation;

(14) Payments to employees on strike when the strike fund consists of employee contributions;

(15) Reinvested interest and dividends from individual retirement accounts (IRAs) or other retirement accounts;

(16) A non-recurring lump sum payment including income tax refunds and lottery winnings;

(17) Maryland Renters' Tax Credit Program payments;

(18) Maryland Homeowners' Tax Credit Program credits;

(19) Federal Earned Income Tax credits or payments;

(20) Medicare payments deducted from Social Security grants;

(21) Subsidized adoption payments;

(22) Americorps or VISTA payments;

(23) Reverse mortgage loans; and

(24) Court ordered garnishments and tax levies.

F. Calculating Allowable Child Support Payments.

(1) Verified child support payments may be deducted from the applicant's household member's gross income up to the amount specified by court order.

(2) Child support payments made in excess of the specified amount on the court order may not be deducted from the applicant's household member's gross income.

Md. Code Regs. 07.03.22.04

Regulations .04 adopted as an emergency provision effective July 1, 2000 (27:15 Md. R. 1391)
Regulations .04 adopted effective December 11, 2000 (27:24 Md. R. 2199)
Regulation .04E amended effective November 16, 2009 (36:23 Md. R. 1816)