COMAR 07.03.17.04. Ineligible Household Members

A. The local department:

(1) May not include ineligible household members in the household:

(a) When determining the household's size for assigning a benefit level to the household, or

(b) For comparing the household's monthly income with the income eligibility standards; and

(2) Shall treat the income and resources of an ineligible member in the manner described in Regulation .40 of this chapter .

B. The following household members are ineligible:

(1) An immigrant who is:

(a) Illegally present in the United States,

(b) On a student, tourist, or visitor visa,

(c) A diplomat, or

(d) Lawfully admitted for permanent residence but who does not satisfy the requirements of Regulation .09 of this chapter ;

(2) An individual who:

(a) Fails to provide a Social Security number,

(b) Is disqualified for intentional program violation as described in Regulation .56 of this chapter ,

(c) Fails to comply with a work requirement as described in Regulation .21 of this chapter , or

(d) Flees to avoid prosecution, custody, or confinement after conviction for a crime, or attempt to commit a crime, that is a felony, for the period the individual is fleeing;

(3) A student who does not meet the eligibility criteria set forth in Regulation .10 of this chapter ;

(4) An able-bodied adult without dependents who does not meet the work requirement as described in Regulation .23 of this chapter ; or

(5) Except as described in §C of this regulation , an individual who is convicted for an offense after August 22, 1996, which:

(a) Is classified as a felony, and

(b) Has an element of possession, use, or distribution of a controlled substance.

C. An Individual with a Drug-Related Felony Offense.

(1) An applicant for Program participation who is an individual convicted of a felony offense as described in §B(5) of this regulation may receive Program benefits if, for 2 years starting from the date of application, the individual submits to:

(a) Testing for substance abuse as established by the Department; and

tion of a controlled substance.

C. An Individual with a Drug-Related Felony Offense.

(1) An applicant for Program participation who is an individual convicted of a felony offense as described in §B(5) of this regulation may receive Program benefits if, for 2 years starting from the date of application, the individual submits to:

(a) Testing for substance abuse as established by the Department; and

(b) Treatment consistent with Article 88A, §50A, Annotated Code of Maryland .

(2) If an individual is convicted of a violation of Criminal Law Article, §§ 5-602 — 5-609 , Annotated Code of Maryland, or 21 U.S.C. §841 (the manufacture or distribution of a controlled dangerous substance or possession with intent to distribute a controlled dangerous substance) while receiving Program benefits, the individual is:

(a) Ineligible for 1 year from the date of the conviction; and

(b) Subject to testing and treatment for substance abuse for a period of 2 years starting from the later of the date when the individual:

(i) Is released from incarceration,

(ii) Completes any term of probation, or

(iii) Completes any term of parole and mandatory supervision.

Cross References 07.03.17.03B(4) 07.03.17.40A(1) 07.03.17.40A(3)