Md. Code Regs. 07.03.20.03

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

Section 07.03.20.03 - Eligibility and Payment

A. The maximum payment for burial assistance is $650.

B. Payment is allowable when the:

(1) Total funeral expenses do not exceed $2,500, excluding the cost of a burial lot, vault, grave digging, or burial clothing when provided or paid for by family or friends; and

(2) Payment does not reimburse the applicant or the vendor for paid funeral expenses.

C. The service provider may request payment from the applicant for burial assistance, in an amount not to exceed the total funeral expenses or $2,500, whichever is less, minus the burial assistance grant.

D. The burial assistance amount is $650 or the difference between the funeral expenses, not to exceed $2,500, and the available resources, whichever is less.

E. When the local department determines the amount of the burial assistance, the local department:

(1) Shall consider the available resources of the deceased and, if applicable, of each individual legally responsible for the support of the deceased, as defined in Regulation .01B(3) of this chapter;

(2) Shall consider to be available those resources easily convertible to cash, such as money in the bank, stocks, bonds, cash value of life insurance, available death benefits, and real property other than the home;

(3) May not consider as a resource or funeral expense the cost of a burial lot, vault, grave digging, or burial clothing when provided or paid for by the family or friends.

F. The local department may provide a burial assistance grant to pay funeral expenses of:

(1) A child receiving foster care under the Social Services Administration Foster Care Program at the time of death;

(2) A recipient of public assistance at the time of death, including a recipient whose grant was suspended but not canceled;

(3) A recipient of Medical Assistance in a nursing home at the time of death who formerly received SSI or (PAA);

(4) A newborn child who is not a part of a TCA assistance unit, if the:

(a) Child's mother was a TCA recipient at the time of the child's death, and

(b) Child died not more than 60 days following either its date of birth or the date its mother was released from the hospitalization during which the birth occurred, whichever is later; or

(5) An individual considered eligible for TDAP at the time of death.

G. The local department may provide a grant for the preparation and transportation of the body of a deceased migrant worker to the migrant worker's place of origin.

H. The local department may establish by local policy a higher standard for burial, if:

(1) An amount allowed in excess of the payment, as determined as set forth in this regulation, is met by local funds; and

(2) The local policy is approved by the Administration.

Md. Code Regs. 07.03.20.03

Regulations .03 adopted as an emergency provision effective April 1, 1992 (19:8 Md. R. 797); emergency status extended at 19:20 Md. R. 1811
Regulations .03 adopted effective February 15, 1993 (20:3 Md. R. 257)
Regulation .03A, B amended as an emergency provision effective July 18, 1993 (20:15 Md. R. 1218); emergency status expired October 25, 1993 (20:23 Md. R. 1798)
Regulations .03 as an emergency provision effective October 26, 1993 (20:23 Md. R. 1798); emergency status extended at 21:9 Md. R. 743 and 21:21 Md. R. 1809; emergency status expired December 1, 1994
Regulation .03A, B, C amended and B-1 adopted effective December 1, 1994 (21:23 Md. R. 1448)
Regulation .03 amended effective August 6, 2001 (28:15 Md. R. 1396); November 19, 2007 (34:23 Md. R. 2027)
Regulation .03D amended as an emergency provision effective July 1, 1995 (22:14 Md. R. 1045); amended permanently effective December 4, 1995 (22:24 Md. R. 1893)