Code of Maryland Regulations
Title 07 - DEPARTMENT OF HUMAN SERVICES
Subtitle 03 - FAMILY INVESTMENT ADMINISTRATION
Chapter 07.03.05 - Temporary Disability Assistance Program
Section 07.03.05.04 - Technical Eligibility

Universal Citation: MD Code Reg 07.03.05.04

Current through Register Vol. 51, No. 6, March 22, 2024

A. An individual is eligible for TDAP if the individual is:

(1) A United States citizen or legally admitted qualified alien;

(2) A resident of Maryland and of the local department area at the time of application;

(3) Unemployed;

(4) Financially in need as described in Regulation .07 of this chapter;

(5) Determined to have an impairment of 3 months or more; and

(6) Ineligible for a category of means-tested cash assistance in which there is federal financial participation except that an individual who has applied for Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI) may be eligible for TDAP during the period the SSDI or SSI application is being processed.

B. An individual who lives with a minor child as a caretaker relative and meets technical eligibility for cash assistance under COMAR 07.03.03 is ineligible.

C. An otherwise eligible individual may not receive assistance unless the individual:

(1) Agrees to pursue other sources of income and resources;

(2) Signs an interim payment reimbursement authorization if applying for SSI benefits in accordance with Regulation .06 of this chapter; and

(3) Participates in any required rehabilitation activities in accordance with Regulation .05E of this chapter.

D. An otherwise eligible individual may not receive assistance for more than 9 months in a 36-month period unless the individual:

(1) Has been certified as medically disabled [or approved as presumptively disabled by the SRT applying federal SSI standards;] by a licensed health care provider who completed the DHR approved verification of disability form; and

(2) Has a pending application for SSI, which has not been withdrawn or finally denied.

E. To remain eligible for assistance, an individual who is potentially eligible for SSI or any other benefit shall:

(1) Apply for the benefit; and

(2) Fully cooperate with all appropriate agencies by providing all information requested for the determination of eligibility as described in §F of this regulation.

F. Cooperation includes actively pursuing an SSI application [when DEAP services are not offered] through all Social Security Administration appeal processes.

G. Assistance may not be provided to individuals to:

(1) Supplement earned income;

(2) Supplement unemployment insurance benefits;

(3) Supplement SSI benefits;

(4) Provide assistance to an individual in a private institution for tuberculosis or mental disease;

(5) Provide assistance to an individual in a public institution; or

(6) Provide assistance to an individual receiving Adult Foster Care payments.

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