Md. Code Regs. 07.03.03.06

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

Section 07.03.03.06 - The Assistance Unit

A. The assistance unit includes all of the following individuals living in the same household:

(1) A parent and all eligible children;

(2) A parent or child of a minor parent;

(3) All minor siblings related by blood, adoption, or marriage except those described in §§B(5) and C of this regulation;

(4) A pregnant woman with no other children if:

(a) The child, if born and living with the woman, would be eligible; and

(b) Financial need and all eligibility requirements are met; and

(5) Unmarried adults living as a family unit when the unmarried adults have a child together, including an unborn child.

B. The assistance unit may include the following individuals:

(1) A child from a sanctioned unit when another caretaker relative has obtained legal guardianship for the child;

(2) A child from a sanctioned unit who has been placed in the home of a caretaker relative by social services;

(3) A child from a sanctioned unit who is living in the home of another caretaker relative when the sanctioned caretaker relative is institutionalized;

(4) A stepparent who has a biological or adopted minor child in the home but no child in common with the spouse; and

(5) Unmarried adults living as a family unit when each unmarried adult has a biological or adopted child in the home.

C. The assistance unit may not include:

(1) An illegal or undocumented immigrant or an immigrant excluded pursuant to the provisions of Regulation .07A(2) of this chapter;

(2) An individual who fails to meet technical factors of eligibility;

(3) A stepparent with no minor children in the home;

(4) A child for whom foster care is paid;

(5) A child for whom an adoption subsidy is paid;

(6) An individual who is fleeing to avoid prosecution or custody or confinement after conviction for a crime or an attempt to commit a crime, which is:

(a) A felony under the laws of the place from which the individual is fleeing; or

(b) In the case of New Jersey, a high misdemeanor under the laws of that state;

(7) An individual violating a condition of probation or parole, imposed as the result of a felony, under federal, State, or other state law;

(8) An individual who is not a custodial parent and who has been convicted of a drug-related felony that was committed after August 22, 1996;

(9) An individual convicted of fraudulent misrepresentation as described in Regulation .19C of this chapter;

(10) A child who is determined to be temporarily absent from the home for more than 180 consecutive days except as described in Regulation .07D(2) and (3) of this chapter;

(11) An institutionalized individual;

(12) An SSI recipient;

(13) A needy caretaker relative other than a parent living with and maintaining responsibility for a related child except that the payment to this assistance unit headed by a needy caretaker shall be in accordance with Regulation .17 of this chapter for room and board of the children in an amount for one person over the number of children in the assistance unit; or

(14) A legal immigrant parent, except that the payment to this assistance unit headed by a legal immigrant parent shall be in accordance with Regulation .17 of this chapter for room and board of the children in an amount for one person over the number of children in the assistance unit.

D. Unmarried Pregnant Minor or Unmarried Minor Parent.

(1) An unmarried minor parent with a child 12 weeks old or older, or an unmarried pregnant minor, who does not have a high school diploma or an equivalent, may not receive cash assistance unless enrolled:

(a) Full-time and attending educational activities leading to a high school diploma; or

(b) In an alternative education or training program approved by the State.

(2) When TCA is granted for an unmarried pregnant minor or unmarried minor parent, the minor shall reside in the household of the minor's parent, legal guardian, or other adult relative in order to receive assistance unless:

(a) The minor has no living available adult relatives;

(b) The available adult relatives do not allow the minor to reside in their households;

(c) The minor or the minor's child would be subject to physical or emotional harm, sexual abuse, or neglect in the home of any available adult relative;

(d) The social service worker finds that living with any available adult relative would not be in the best interest of the minor or the minor's child;

(e) The minor lived apart from the minor's parent, legal guardian, or non-parent caretaker relative for at least 1 year before the birth of the minor's child;

(f) The minor lived apart from the minor's parent or legal guardian for at least 1 year before the application for assistance; or

(g) The minor resides in an adult-supervised supportive living arrangement.

(3) The parent, other adult relative, legal guardian, or the adult supervisor in a supportive living arrangement is the authorized representative for the unmarried pregnant minor or unmarried minor parent.

Md. Code Regs. 07.03.03.06

Regulations .06 adopted effective February 18, 2002 (29:3 Md. R. 216)
Regulation .06B, C amended effective August 16, 2004 (31:16 Md. R. 1253)
Regulation .06E repealed effective December 28, 2009 (36:26 Md. R. 1994)