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Statutes Text

Article - Human Services




§5–308.    IN EFFECT

    (a)    (1)    A family may be eligible for assistance under this subtitle only if the family includes:

            (i)    a minor child who resides with a custodial parent or other adult caretaker who is a relative of the child; or

            (ii)    a pregnant individual.

        (2)    Assistance shall be provided to an applicant or recipient under this subtitle only if the applicant or recipient:

            (i)    resides in the State at the time of application for assistance;

            (ii)    if applicable:

                1.    has applied for child support services with the appropriate local child support enforcement office at the time of application for assistance; and

                2.    complies with the requirements of the local child support enforcement office;

            (iii)    has engaged in job search activities as requested by the Department;

            (iv)    participates in work activity under this subtitle; and

            (v)    meets all other FIP requirements that the Secretary establishes by regulation.

    (b)    (1)    An individual may not be required to meet the work activity requirement under subsection (a)(2)(iv) of this section if the individual is exempt under criteria the Secretary establishes.

        (2)    The criteria shall include exemptions for:

            (i)    adults who are required to care for a child who is a recipient under the age of 1 year; and

            (ii)    subject to paragraph (3) of this subsection, adults and children who are recipients and who are severely disabled.

        (3)    An individual’s exemption because of severe disability is limited to 12 months unless:

            (i)    the individual applies for Supplemental Security Income; and

            (ii)    the application is approved, pending, or on appeal.

    (c)    Subject to the State budget, a legal immigrant is entitled to assistance under this subtitle if the immigrant:

        (1)    meets FIP eligibility requirements under this subtitle and any other requirements imposed by the State; and

        (2)    (i)    arrived in the United States before August 22, 1996; or

            (ii)    arrived in the United States on or after August 22, 1996 and is not eligible for federally funded cash assistance.

§5–308.    ** TAKES EFFECT JULY 1, 2020 PER CHAPTER 476 OF 2019 **

    (a)    (1)    (i)    In this subsection the following words have the meanings indicated.

            (ii)    “Target work rate” means the rate established for the State by the U.S. Department of Health and Human Services based on the State’s caseload reduction credit under the federal Temporary Assistance for Needy Families program, 42 U.S.C. 22–601 et seq.

            (iii)    “Work participation rate” means the federal work participation rate established by the U.S. Department of Health and Human Services under the federal Temporary Assistance for Needy Families program, 42 U.S.C. 22–601 et seq.

        (2)    A family may be eligible for assistance under this subtitle only if the family includes:

            (i)    a minor child who resides with a custodial parent or other adult caretaker who is a relative of the child; or

            (ii)    a pregnant individual.

        (3)    Assistance shall be provided to an applicant or recipient under this subtitle only if the applicant or recipient:

            (i)    resides in the State at the time of application for assistance;

            (ii)    if applicable:

                1.    has applied for child support services with the appropriate local child support enforcement office at the time of application for assistance; and

                2.    complies with the requirements of the local child support enforcement office;

            (iii)    has engaged in job search activities as requested by the Department;

            (iv)    participates in work activity under this subtitle; and

            (v)    meets all other FIP requirements that the Secretary establishes by regulation.

        (4)    Subject to paragraph (5) of this subsection, the Department shall allow an applicant or a recipient to meet the work activity requirement for a maximum of 24 months by engaging in:

            (i)    a minimum of 20 hours per week of vocational education that leads to an associate degree, a diploma, or a certificate; or

            (ii)    an average of at least 20 hours per week of education directly related to employment, which may include:

                1.    an adult basic education program;

                2.    an English as a second language program; or

                3.    a GED program.

        (5)    If the work participation rate does not exceed the target work rate by 10% in any month, the Department, after providing at least 30 days prior notice to the Senate Finance Committee and the House Appropriations Committee, may suspend the application of paragraph (4) of this subsection to new applicants until the work participation rate exceeds the target work rate by 10% for 3 consecutive months.

    (b)    (1)    An individual may not be required to meet the work activity requirement under subsection (a)(2)(iv) of this section if the individual is exempt under criteria the Secretary establishes.

        (2)    The criteria shall include exemptions for:

            (i)    adults who are required to care for a child who is a recipient under the age of 1 year; and

            (ii)    subject to paragraph (3) of this subsection, adults and children who are recipients and who are severely disabled.

        (3)    An individual’s exemption because of severe disability is limited to 12 months unless:

            (i)    the individual applies for Supplemental Security Income; and

            (ii)    the application is approved, pending, or on appeal.

    (c)    Subject to the State budget, a legal immigrant is entitled to assistance under this subtitle if the immigrant:

        (1)    meets FIP eligibility requirements under this subtitle and any other requirements imposed by the State; and

        (2)    (i)    arrived in the United States before August 22, 1996; or

            (ii)    arrived in the United States on or after August 22, 1996 and is not eligible for federally funded cash assistance.