Code of Maryland Regulations
Title 07 - DEPARTMENT OF HUMAN SERVICES
Subtitle 03 - FAMILY INVESTMENT ADMINISTRATION
Chapter 07.03.17 - Food Supplement Program
Section 07.03.17.30 - Income

Universal Citation: MD Code Reg 07.03.17.30

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

A. "Income" means all income from any source excluding only the income types specified in §D of this regulation.

B. Earned income includes:

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

(2) Income from self-employment as described in Regulation .39 of this chapter;

(3) Training allowances from recognized government programs; and

(4) Payments under Title I of the Domestic Services Act of 1973, such as the Volunteer in Service to America (VISTA) program when the individual was not receiving food supplement or public assistance at the time of entry into the volunteer program.

C. Unearned income includes:

(1) Federally funded assistance payments;

(2) State-funded assistance payments;

(3) Annuities, pensions, and retirement benefits;

(4) Workers' or unemployment compensation;

(5) Social Security benefits;

(6) Foster care and subsidized guardianship payments only if the household chooses to include the foster care individual in the food supplement household;

(7) Net rental property income when no household member is actively engaged in management of the property for 20 hours a week or more;

(8) Support or alimony payments;

(9) Payments from government programs, dividends, interest except as described in §D(18) of this regulation, royalties, or money payments from any source which is a gain or benefit to the household;

(10) Money withdrawn or dividends due to a household from a trust fund;

(11) Dividends that the household has the option to use or reinvest unless excluded in §D of this regulation;

(12) Amounts of unearned income deducted from a federal or State means-tested public assistance benefit to repay a claim intentionally caused by a household;

(13) Earned or unearned income of an individual disqualified from the household as described in Regulation .40B and C of this chapter; and

(14) Income of a sponsor and sponsor's spouse as described in Regulation .09-1 of this chapter.

D. Excluded income includes:

(1) Income diverted at or returned to the source to repay a prior overpayment received from the source except as described in §C(12) of this regulation;

(2) Child support paid to a TCA recipient that is required to be transferred to the Department's Child Support Enforcement Administration;

(3) In-kind contributions which have other than a cash value to the household;

(4) Vendor or third-party payments paid directly to a third party and not available as income to the household;

(5) Irregular, unanticipated:
(a) Earned income not exceeding $30 in any quarter; or

(b) Unearned income not exceeding $200 in any 6 month period;

(6) Any loan;

(7) Reimbursements for past or future expenses, other than normal living expenses, if they do not exceed actual expenses;

(8) Money received and used for the care and maintenance of a third-party beneficiary who is not a household member;

(9) Earned income of a member of the household who:
(a) Is an elementary or secondary school student;

(b) Is younger than 18 years old; and

(c) Lives with a natural or adoptive parent or stepparent, or under the parental control of a household member other than a parent;

(10) A nonrecurring lump sum payment;

(11) Cash donations based on need from one or more private nonprofit charitable organizations;

(12) Income specifically excluded by federal law as countable income for Program purposes;

(13) Any federally funded energy assistance payment, including HUD utility reimbursements, except for payments provided under Title IV-A of the Social Security Act;

(14) Income of an SSI recipient which has been determined necessary for the fulfillment of a plan for achieving self-support (PASS) which has been approved by the Social Security Administration;

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

(16) Educational assistance as described in Regulation .31 of this chapter;

(17) The deduction for self-employment income permitted under Regulation .39 of this chapter;

(18) Interest earned on a bank account; and

(19) Military combat pay.

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