Md. Code Regs. 07.03.07.07

Current through Register Vol. 51, No. 17, August 23, 2024

Section 07.03.07.07 - Income

A. In this regulation, "income" means all income from any source.

B. Countable income includes, but is not limited to:

(1) Wages, salaries, tips, and commissions;

(2) Income from self-employment after deducting costs of materials, equipment, or other items essential to production of the self-employment income;

(3) Federally funded assistance payments;

(4) State-funded assistance payments;

(5) Annuities, pensions, and retirement benefits;

(6) Workers' compensation or unemployment benefits;

(7) Social Security benefits;

(8) Support and alimony payments;

(9) Educational assistance not excluded under §C of this regulation;

(10) Payments from government programs, dividends, interest, royalties, or money payments from any source that is a gain or benefit to the individual;

(11) The contribution for a parent from a son or daughter;

(12) The contribution for an adult child with a disability from a parent;

(13) Lump sum income as described in §E of this regulation;

(14) Trust fund payments made on behalf of the individual when the payment is made:

(a) Directly to the individual; or

(b) To the individual's legal guardian; and

(15) Income from the trust fund principal when the individual has a right to the income as it becomes available.

C. Excluded income includes:

(1) Any grant or loan to an undergraduate student for educational purposes made, or insured, under any program administered by the U.S. Secretary of Education;

(2) Any benefits received under Title VII, Nutrition Program for the Elderly, of the Older Americans Act of 1965, as amended;

(3) Any stipends, compensation, or expenses received by volunteers from any programs existing or to be set up under the "Domestic Volunteer Service Act of 1973" sponsored by ACTION, such as, but not limited to:

(a) Demonstration Project Program for Local Services (PLS);

(b) Volunteers in Service to America (VISTA);

(c) University Year for Action;

(d) Retired Senior Volunteer Program (RSVP);

(e) Foster Grandparents;

(f) Older American Community Service Program;

(g) Service Corps of Retired Executives (SCORE); and

(h) Active Corps of Executives (ACE);

(4) The value of home produce of an applicant or recipient used by the individual for home consumption;

(5) Educational loans and grants, such as scholarships, obtained and used under conditions that preclude their use for current living costs, other than those related to educational pursuits, such as books, fees, transportation to and from an educational institution, and the cost of child care while in attendance;

(6) All training allowances received in a program under the Youth Employment Demonstration Program;

(7) All training allowances received in a program offered by a public or private organization enabling people to participate in training programs intended to help them acquire job skills;

(8) Payment received from the U.S. Department of Commerce, the Census Bureau, for short-term employment as a census worker;

(9) Payment under Title I of Public Law 100-383, the Civil Liberties Act of 1988, or Title II of Public Law 100-383, the Aleutian and Pribilof Islands Restitution Act, received by individuals of Japanese ancestry and Aleuts;

(10) Payment made from the Agent Orange Settlement Fund or any other fund established pursuant to the settlement in the Agent Orange product liability litigation;

(11) The value of the benefit amount under the Food Supplement Program; and

(12) Income from the trust principal when the individual has no right to the income.

D. Income that is excluded may not be considered in determining the need of any other person for assistance.

E. Receipt of Lump Sum Income.

(1) Lump sum income is a nonrecurring money payment received by an applicant or recipient.

(2) The portion of a lump sum actually available to an applicant or recipient is counted as a resource or income for determining eligibility and amount of payment.

(3) The lump sum payment is counted in the following way:

(a) An amount equal to the resource limit as described in Regulation .05A of this chapter, or an amount which when added to existing resources would equal the resource limit, may be retained;

(b) The remaining lump sum is considered income and is added to the sum of all other income for the month after work expenses and other allowable disregards have been applied;

(c) Income resulting from the computation in §E(3)(b) of this regulation is divided by the allowable amount for the individual;

(d) The recipient is ineligible for the period of months equal to the quotient resulting from the division in §E(3)(c) of this regulation beginning with the first month for which advance notice of termination requirements can be met;

(e) Any amount remaining which is less than the allowable amount is counted as income in the first month after the ineligibility ends;

(f) If the lump sum is less than the monthly allowable amount and the asset limitation has been reached, the lump sum is deducted from the grant for the first month for which advance notice of reduction requirements can be met; and

(g) The recipient who receives a lump sum payment in the month of application is ineligible for the period of months equal to the quotient resulting from the division in §E(3)(c) of this regulation beginning with the month of application.

F. Shortened Period of Ineligibility for Recipients of Lump Sum Income.

(1) The local department shall shorten the period of ineligibility for assistance due to receipt of lump sum income when the lump sum income or a portion of it becomes unavailable to the applicant or recipient due to circumstances beyond the individual's control.

(2) The lump sum income or a portion of it is considered unavailable when:

(a) It is no longer in the possession of the individual and can not be recovered or used for every day expenses; and

(b) This unavailability has been verified.

(3) Circumstances considered beyond the control of the individual are:

(a) Theft of money;

(b) Disaster defined as fire, flood, tornado, or civil disorder;

(c) Eviction or foreclosure; or

(d) Medical expenses.

(4) Allowable medical expenses under §F(3)(d) of this regulation are payments for:

(a) Treatment or service rendered in a hospital, clinic, or nursing home;

(b) Treatment or service rendered by a physician, dentist, certified psychologist, licensed social worker, or any health professional licensed or certified by the State;

(c) Prescription drugs when prescribed by a health professional licensed under State law to prescribe drugs; and

(d) Over-the-counter medication, health-related supplies, or appliances recommended by a health professional licensed by the State.

Md. Code Regs. 07.03.07.07

Regulation .07F amended effective July 1, 1980 (7:13 Md. R. 1275); April 25, 1994 (21:8 Md. R. 672)
Regulation .07G amended effective July 1, 1980 (7:13 Md. R. 1275); March 6, 1981 (8:5 Md. R. 472)
Regulations .07 adopted effective December 10, 2001 (28:24 Md. R. 2127)
Regulation .07B amended effective February 25, 2008 (35:4 Md. R. 512)
Regulation .07F-1 adopted effective June 27, 1980 (7:13 Md. R. 1276); repealed effective December 14, 1987 (14:25 Md. R. 2658)
Regulation .07C amended effective February 25, 2008 (35:4 Md. R. 512); December 28, 2009 (36:26 Md. R. 1994)