COMAR 07.03.16.09. Financial Eligibility

A. Financial Eligibility Requirements.

(1) The LDSS shall evaluate and count resources available to the applicant or recipient to use for current living expenses.

(2) The assistance unit is not eligible for RCA if the total:

(a) Net income of the case calculated as described in Regulation .11 of this chapter is more than the allowable payment amount for the assistance unit size as described in Regulation .15 of this chapter ; or

(b) Assets of the case, calculated as described in Regulation .10 of this chapter , are more than the allowable amount.

(3) If the expenses of a case exceed the known income or assets, the LDSS shall require the applicant or recipient to provide additional explanations or verifications.

B. Transfer of Assets.

(1) An assistance unit with an individual who transfers assets to become eligible for RCA is not eligible for the period of time specified in this section.

(2) The period of ineligibility shall be applied if the assets are transferred:

(a) In the 3-month period before application; or

(b) After the assistance unit is determined eligible for benefits.

(3) If the LDSS establishes that an individual transferred resources to become eligible for benefits, the period of ineligibility is calculated in the following manner:

(a) Determine the equity value of the asset;

(b) Subtract the amount of assets which can be retained, without exceeding the asset limit as described in Regulation .10 of this chapter , from the equity value;

(c) Divide the difference in §B(3)(b) of this regulation by the benefit amount for the assistance unit size as described in Regulation .15 of this chapter ; and

(d) Drop any portion of a month that results from the division.

(4) The assistance unit is ineligible for the period of months equal to the result of the calculation under §B(3) of this regulation .