Md. Code Regs. 07.03.07.05

Current through Register Vol. 52, No. 1, January 10, 2025

Section 07.03.07.05 - Determining Available Resources

A. Resources Retained.

(1) The Public Assistance to Adults applicant or recipient may retain up to $2,000 in countable resources.

(2) To determine the individual's eligibility, the local department shall measure the individual's countable resources against the maximum allowable amount as described in §A(1) of this regulation.

B. Countable resources include but are not limited to:

(1) Cash on hand;

(2) Money in the bank;

(3) Stocks;

(4) Bonds;

(5) Real property other than the applicant's or recipient's home; and

(6) Trust fund principal when the individual:

(a) Is the beneficiary; and

(b) Has unrestricted access to the principal of the trust.

C. Ownership of Home.

(1) An applicant or recipient may retain the home the applicant or recipient owns if the:

(a) Applicant or recipient was living in the home and plans to return to the home within 6 months from the date of the application for assistance; or

(b) Spouse with whom the applicant or recipient was living when the applicant or recipient entered care is still living in the home.

(2) If neither of the conditions described in §C(1) of this regulation exists, then the equity value of the home is considered a countable resource.

D. Transfer of Property. Transfer of property while receiving assistance with the intent to defeat the purposes of the law and without the consent of the local department shall be dealt with as described in COMAR 07.03.01.

Md. Code Regs. 07.03.07.05

Regulations .05 amended effective July 27, 1979 (6:15 Md. R. 1270)
Regulation .05 amended effective April 7, 1978 (5:7 Md. R. 521)
Regulation .05A amended effective October 30, 1989 (16:21 Md. R. 2261)
Regulation .05B amended effective July 29, 1985 (12:15 Md. R. 1512); July 28, 1986 (13:15 Md. R. 1733); April 20, 1987 (14:8 Md. R. 938); December 14, 1987 (14:25 Md. R. 2658); May 2, 1988 (15:9 Md. R. 1108); April 17, 1989 (16:7 Md. R. 811); April 25, 1994 (21:8 Md. R. 672)
Regulation .05D-1 adopted effective April 25, 1994 (21:8 Md. R. 672)
Regulation .05E amended effective August 25, 1978 (5:17 Md. R. 1326); June 27, 1980 (7:13 Md. R. 1276); March 20, 1981 (8:6 Md. R. 561); May 24, 1982 (9:10 Md. R. 1019); January 16, 1984 (11:1 Md. R. 41); May 5, 1986 (13:9 Md. R. 1023); December 14, 1987 (14:25 Md. R. 2658); April 25, 1994 (21:8 Md. R. 672); December 19, 1994 (21:25 Md. R. 2104)
Regulation .05E amended as an emergency provision effective February 1, 1987 (14:4 Md. R. 412); amended permanently effective May 4, 1987 (14:9 Md. R. 1079)
Regulation .05E amended as an emergency provision effective April 1, 1990 (17:8 Md. R. 968); amended permanently effective August 6, 1990 (17:15 Md. R. 1855)
Regulation .05H, I adopted effective February 10, 1986 (13:3 Md. R. 271)
Regulation .05J adopted effective June 15, 1987 (14:12 Md. R. 1349)
Regulation .05J amended effective April 25, 1994 (21:8 Md. R. 672)
Regulations .05 adopted effective December 10, 2001 (28:24 Md. R. 2127)
Regulation .05B amended effective February 25, 2008 (35:4 Md. R. 512)