§ 5-308. Eligibility for assistance

   (a) In general. --

   (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) Exemptions. --

   (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) Legal immigrants. -- 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.

HISTORY: An. Code 1957, art. 88A, § 48; 2007, ch. 3, § 2.