Md. Code Regs. 07.03.17.04 - Ineligible Household Members
A. The local department:
(1) May not include ineligible household members in the household:
(a) When determining the household's size for assigning a benefit level to the household, or
(b) For comparing the household's monthly income with the income eligibility standards; and
(2) Shall treat the income and resources of an ineligible member in the manner described in Regulation .40 of this chapter.
B. The following household members are ineligible:
(1) An immigrant who is:
(a) Illegally present in the United States,
(b) On a student, tourist, or visitor visa,
(c) A diplomat, or
(d) Lawfully admitted for permanent residence but who does not satisfy the requirements of Regulation .09 of this chapter;
(2) An individual who:
(a) Fails to provide a Social Security number,
(b) Is disqualified for intentional program violation as described in Regulation .56 of this chapter,
(c) Fails to comply with a work requirement as described in Regulation .21 of this chapter, or
(d) Flees 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;
(3) A student who does not meet the eligibility criteria set forth in Regulation .10 of this chapter;
(4) An able-bodied adult without dependents who does not meet the work requirement as described in Regulation .23 of this chapter; or
(5) Except as described in §C of this regulation, an individual who is convicted for an offense after August 22, 1996, which:
(a) Is classified as a felony, and
(b) Has an element of possession, use, or distribution of a controlled substance.
C. An Individual with a Drug-Related Felony Offense.
(1) An applicant for Program participation who is an individual convicted of a felony offense as described in §B(5) of this regulation may receive Program benefits if, for 2 years starting from the date of application, the individual submits to:
(a) Testing for substance abuse as established by the Department; and
(b) Treatment consistent with Article 88A, § 50A, Annotated Code of Maryland.
(2) If an individual is convicted of a violation of Criminal Law Article, §§
5-602 -5-609, Annotated Code of Maryland, or 21 U.S.C. §
841 (the manufacture or distribution of a controlled dangerous substance or possession with intent to distribute a controlled dangerous substance) while receiving Program benefits, the individual is:
(a) Ineligible for 1 year from the date of the conviction; and
(b) Subject to testing and treatment for substance abuse for a period of 2 years starting from the later of the date when the individual:
(i) Is released from incarceration,
(ii) Completes any term of probation, or
(iii) Completes any term of parole and mandatory supervision.
Notes
Regulations .04 adopted effective December 25, 2000 (27:25 Md. R. 2280)
Regulation .04C amended effective October 24, 2005 (32:21 Md. R. 1706)
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