1. A. To the extent that resources and staff are available, the local department shall provide assistance in an amount up to $185, deducting the countable unearned income, to eligible individuals in accordance with this regulation.

2. B. The local department may suspend or terminate TDAP eligibility if the individual:

   1. (1) No longer meets the technical eligibility or need requirements of this chapter;
   2. (2) Leaves the State temporarily and for more than 1 month; or
   3. (3) Refuses to cooperate with any quality control review.

3. C. Payee.

   1. (1) A payee is:

      1. (a) The eligible individual;
      2. (b) A judicially appointed legal representative, guardian, trustee, or committee; or
      3. (c) A representative payee appointed by the local department.

   2. (2) An eligible individual may not be the payee if the:

      1. (a) Medical diagnosis identifies an active medical condition of:

         1. (i) Alcoholism; or
         2. (ii) Drug addiction; and
      2. (b) Recipient is not actively participating in a treatment program or in remission from active substance abuse.

   3. (3) If the payee is a representative payee appointed by the local department, the:

      1. (a) Initial and subsequent decisions and plan for payments to the representative payee shall be reviewed and approved by the appropriate supervisory staff;
      2. (b) Decision and plan shall be reviewed at each application;

      3. (c) Individual selected as a representative payee may not be:

         1. (i) Family Investment Program staff;
         2. (ii) An individual with a known substance abuse problem; or
         3. (iii) An entity which deals with eligible individuals for a profit, which would create a conflict of interest; and
      4. (d) Local department shall terminate protective payments when they are no longer required by the provisions of §C(2) of this regulation.
   4. (4) An individual is not required to accept assistance from a religious organization if acceptance violates the individual's bona fide religious beliefs and practices.

Authority: Human Services Article, §§1-205, 2-209, 5-201, 5-207, Annotated Code of Maryland

Effective date: August 1, 2004 (31:14 Md. R. 1077)

Regulation .02B amended effective November 15, 2010 (37:23 Md. R. 1609)

Regulation .04D, F amended effective November 15, 2010 (37:23 Md. R. 1609)

Regulation .04F,G amended effective November 19, 2007 (34:23 Md. R. 2026)

Regulation .05A, C amended effective November 15, 2010 (37:23 Md. R. 1609)

Regulation .05 amended effective November 19, 2007 (34:23 Md. R. 2026)

Regulation .08E amended effective November 19, 2007 (34:23 Md. R. 2026)

Regulation .10A, B amended effective October 17, 2011 (38:21 Md. R. 1276)

Regulation .10B amended effective November 15, 2010 (37:23 Md. R. 1609)

Regulation .16B amended effective November 19, 2007 (34:23 Md. R. 2026)