A person will be eligible for general assistance if he/she is
in need and has complied with the eligibility requirements set forth
below.
A.
Initial application. For initial applicants, except as provided immediately below, need will be the sole condition of eligibility. The exception to this general rule, as provided by law, applies to all applicants, including initial applicants, who are disqualified for a defined period for quitting employment without just cause or for being discharged from employment for misconduct [22 M.R.S.A. § 4316-A(1-A), § 157-21 of this chapter]. An initial applicant is a person who has never before applied for general assistance in any municipality in Maine [22 M.R.S.A. § 4308(1)].
B.
Need. "Need" means that the applicant's income (including pro-rated income, where applicable), property, credit, assets or other resources are less than the overall maximum level of assistance contained in § 157-32 or the applicant's thirty-day need, whichever is less, and he/she does not have adequate income or other resources available to provide basic necessities.
C.
Subsequent applicants. Persons who are not initial applicants are
repeat applicants. Repeat applicants are people who have applied for
general assistance at any time in the past. Repeat applicants are
also people on whose behalf a general assistance application was made
at any time in the past, provided that at such a time the applicant
was not a dependent minor in the household. For repeat applicants
to be eligible for general assistance, they must be in need and meet
all other eligibility requirements. The eligibility of repeat applicants
may also be adversely affected to the extent they have not used their
income and resources to secure basic necessities.
A.
Receipt of categorical assistance will not disqualify a person from receiving general assistance, if he/she is otherwise eligible. Benefits received from other assistance programs will be considered as income when determining need, with the exception of food stamps, which will not be counted as income or resources or otherwise taken into consideration when determining need [7 U.S.C. § 2017(b)]. Also, any fuel assistance (HEAP/ECIP) received by an applicant will not be considered as income or resources; that is, the Administrator will always compute the heating needs of an applicant who has received HEAP or ECIP as if that applicant paid all costs associated with his/her fuel needs [42 U.S.C. § 8624(f)]. The computation of general assistance for heating energy needs when an applicant has received HEAP or ECIP shall be accomplished in accordance with Subsection C under types of income at § 157-30.
B.
Applicants or recipients must apply for other program benefits within
seven calendar days after being advised in writing to do so by the
General Assistance Administrator. Persons who, without just cause,
make no good-faith effort to secure a potential resource will be disqualified
from receiving assistance until they make a good-faith effort to obtain
the benefit (22 M.R.S.A. § 4317).
A.
Liquid assets. No person owning assets easily convertible into cash,
including, but not limited to, bank deposits, stocks, bonds, certificates
of deposit and other marketable security, will be eligible for general
assistance unless and until he/she uses these assets to meet his/her
basic needs and thereby exhausts them.
B.
Tangible assets. No person owning or possessing personal property
consisting of more than one motor vehicle, or a boat, motor, trailer,
recreation vehicle or other assets that are convertible into cash
and are nonessential to the maintenance of the applicant's household
will be eligible for general assistance. Exceptions may be made when
a person is making an initial application and when reasonable efforts
to convert assets to cash at fair market value are unsuccessful.
(1)
Other examples of property which should be converted to cash if of
significant value include: antiques, paintings, furs, jewelry, cameras,
musical instruments, video and sound equipment, guns, fishing equipment,
golf, tennis, other sport and fitness equipment, various collections,
including stamps, coins, cards, glass, etc., exotic pets and equipment,
etc.
(2)
Tools of a trade, livestock, farm equipment and other equipment used
for the production of income are exempt from the above category and
are not considered available assets.
C.
Automobile ownership. Ownership of one automobile per household will not make a person ineligible for assistance if such vehicle is essential for transportation to employment, medical care, rehabilitation or training facilities, or if it is essential to the maintenance of the applicant's household. Recipients of general assistance who own an automobile with a market value greater than $5,000 may be required, with written, thirty-day notice, to make a good-faith effort to trade that automobile in to a reputable automobile dealer for an automobile with a market value of less than $5,000. Any income received by the applicant by virtue of such a trade-down must be used for his/her basic necessities. Failure to liquidate or trade down the excess value of an automobile asset can result in disqualification (22 M.R.S.A. § 4317). The City will neither pay nor consider as necessary expenses any car payment for which the applicant is responsible. General assistance for travel-related needs shall be computed in accordance with § 157-32C(6)(f) and (g), regarding travel and work-related expenses.
D.
Insurance. Insurance that is available to an applicant on a noncontributory
basis or that is required as a condition of employment will not be
a factor in determining eligibility for general assistance. Life insurance
with a cash surrender value may be considered as a tangible asset
when an applicant has received assistance for four weeks or more after
an application for assistance.
E.
Transfer of property. Applicants who transfer assets for less than
fair market value to someone else solely for the purpose of establishing
eligibility for general assistance will not be granted general assistance
to replace the uncompensated value of the transferred assets. Assistance
will be denied within a one-hundred-twenty-day limit up to the uncompensated
value of the asset which was transferred unless the transfer of asset
is fraudulently misrepresented, in which case, a one-hundred-twenty-day
disqualification will be issued. There will be a presumption that
the applicant transferred his/her assets in order to be eligible for
general assistance whenever property is sold for less than the fair
market value or when the transfer occurred within 30 days prior to
applying for general assistance unless the applicant can demonstrate
the existence of an arms-length transaction.
A.
If the applicant or dependents own real property other than that
occupied as the principal home, continued eligibility will depend
on the applicant making a reasonable effort to:
B.
Applicants
who transfer their excess property to someone solely to appear eligible
for general assistance will be ineligible.
C.
If an applicant is granted assistance in the form of a mortgage payment or capital improvement payment, the City may claim a lien against the property. The lien shall not be enforceable until the time of sale of the property or upon the death of the recipient (22 M.R.S.A. § 4320; see also § 157-32).
A.
All general assistance recipients are required to register for work,
look for work, work to the extent of available employment, and otherwise
fulfill the work requirements, unless the applicant is exempt from
such requirements as provided below.
B.
Employment; rehabilitation. All unemployed applicants and members
of their households who are 16 years of age or older will be required
to accept any suitable job offer or opportunity for rehabilitative
services, except as provided below (see exemptions). Applicants must
demonstrate to the Administrator that they are available for work
and are actively seeking employment.
C.
A "suitable job" means any job which the applicant is mentally and
physically able to perform.
D.
"Available for work" means that applicants must make themselves available
for work during normal business hours prevailing in the area, and
show that no circumstance exists which would prevent them from complying
with the work requirement.
E.
Verification of job search. Unemployed applicants or applicants employed
on a part-time basis will be required to provide verifiable documentation
of their pursuit of employment at the time of each application. At
a minimum, such documentation shall consist of a list of the employers
contacted, the date and time of the application contact, the name
of the employer representative contacted and the job applied for.
"Pursuit of employment" means actually submitting a written application
or applying for a job in person when reasonable, or submitting a written
application or letter of inquiry to employers. For the duration of
any repeat applicant's period of unemployment or partial employment,
the Administrator will establish the number of employers per week
to whom each nonexempt applicant shall be required to apply in order
to fulfill his/her work search requirements. The number of weekly
employer contacts required by the Administrator shall be reasonably
related to the number of potential employers in the region and the
number of hours in the week the applicant has available for work search
activities after considering all time the applicant must devote to
existing employment obligations, workfare obligations, and required
classroom or on-site participation in job training, educational, or
rehabilitation programs. Fulfillment of these requirements will not
be expected at the time of the initial application, but will be a
condition of eligibility for subsequent assistance. The City will
provide the applicant with a form to be used for the purpose of verification
of job applications/searches and of employment. The completed form
must be returned each week to maintain weekly eligibility and in some
cases may be required daily.
F.
Disqualification. After being granted assistance at the time of initial
application, applicants will be considered ineligible for further
assistance for 120 days if they, without just cause:
(1)
Refuse to register for employment with the Maine Job Service;
(2)
Refuse to search diligently for employment when the search is reasonable
and appropriate. Recipients who unreasonably seek work at the same
places repeatedly will not be considered to be performing a diligent
work search and will be disqualified, as will persons falsifying their
job search;
(3)
Refuse to accept a suitable job offer;
(4)
Refuse to participate in an assigned training, education or rehabilitation
program that would assist the applicant in securing employment;
(5)
Fail to be available for work;
G.
Period of ineligibility for job quit or discharge for misconduct.
No applicant, whether an initial or repeat applicant, who has quit
his/her full-time or part-time job without just cause or who has been
discharged from employment for misconduct will be eligible to receive
general assistance of any kind for a one-hundred-twenty-day period
from the date of separation from employment [22 M.R.S.A. §§ 4301(8),
4316-A(1-A)].
H.
Just cause. Applicants will be ineligible for assistance for 120
days if they refuse to comply with the work requirements of this section
without just cause. With respect to any work requirement, just cause
will be considered to exist when there is reasonable and verifiable
evidence furnished to the Administrator that:
(1)
The applicant has a physical or mental illness or disability which
prevents him/her from working;
(2)
The work assignment pays below minimum wages;
(3)
The applicant was subject to sexual harassment;
(4)
The applicant is physically or mentally unable to perform required
job tasks, or to meet piece work standards;
(5)
The applicant has no means of transportation to or from work or a
training or rehabilitation program;
(6)
The applicant is unable to arrange for necessary child care or care
of ill or disabled family members;
(7)
Any reason found to be good cause by the Maine Department of Labor,
or any other verifiable reason which the Administrator considers reasonable
and appropriate will be accepted as just cause [22 M.R.S.A. § 4316-A(5)].
I.
Applicant's burden of establishing just cause. If the Administrator
finds that the applicant has violated a work-related rule without
just cause, it shall be the responsibility of the applicant to establish
the presence of just cause (22 M.R.S.A. § 4316-A).
J.
Eligibility regained. Persons who are disqualified for 120 days because
they violated the work requirement may regain their eligibility if
and only when they become employed or otherwise satisfy the Administrator
that they are complying with the work requirement by fulfilling the
work requirement or requirements they violated.
K.
For the purpose of regaining eligibility under §§ 157-21 and 157-22 of this chapter by becoming employed, "employment" shall mean employment by an employer as defined in 26 M.R.S.A. § 1043 et seq., or the performance of a service for an employer who withholds from the employee a social security tax pursuant to federal law.
M.
Dependents. Failure of an otherwise eligible person to comply with
the work requirements shall not affect the eligibility of any member
of the person's household who is not capable of working, including:
N.
In the event one (or more) member(s) of a household is disqualified
and assistance is requested for the remaining members of the household
who are dependents, the eligibility of those dependents will be calculated
as though the household is composed of the dependents only, except
that all household income will be considered as available to them.
O.
Exemptions. The above work requirements do not apply to any person
who is elderly, physically or mentally ill or disabled. Any person
whose presence is required to care for any pre-school-age child or
for any ill or disabled member of the household is also exempt from
these requirements.
P.
The requirements of this section will not be imposed so as to interfere
with an applicant's existing employment, ability to pursue a
bona fide job offer, ability to attend an interview for possible employment,
classroom or on-site participation in a primary or secondary educational
program intended to lead to a high school diploma, classroom participation
in a training program which is either approved or determined by the
Department of Labor to be expected to assist the applicant in securing
employment, or classroom participation in a degree-granting program
operated under the control of the Department of Health and Human Services
or Department of Labor.
Q.
Verification. The applicant will be required to provide verifiable documentation of any of the aforestated exemptions from work requirement participation and to provide notice in advance of occurrence. The applicant will furnish copies of any agreements, plans, contracts, etc. for educational, training, or rehabilitative services entered into with or provided by any municipal, county, state or federal agency. Any supportive services or aid, financial or otherwise, available to the applicant will be reported and verified when applied for and when received. Schedules for participation and verification of attendance on a weekly or daily basis will be required. This Subsection Q applies to both work requirements and the municipal work program (see § 157-22).
R.
A person who indicates on his/her application or on his/her municipal work order that he/she is physically or mentally unable or is limited in his/her ability to fulfill any work requirements, including any bona fide employment, or to participate in the workfare program will be required to provide verification of his/her condition from a physician within 48 hours. A person who fails to complete any work requirements or workfare assigned and claims to be sick more than two consecutive days or who makes repetitive claims of illness over a period of time will be required to provide medical verification as to his/her condition from a physician. The City will pay for the examination if the applicant has no means to pay, in which case, the Administrator will choose the physician and may refer the applicant to free or reduced-cost medical services available. The Administrator will not require verification of medical conditions which are apparent or which are of such short duration that a reasonable person would not ordinarily seek medical attention [22 M.R.S.A. § 4316-A(5)]. This Subsection R applies to both work requirements and the municipal work program (see § 157-22).
A.
Each applicant and any member of the household who is capable of working may be required to perform work for the City, including work for a nonprofit organization, as a condition of receiving assistance. The municipality may also require recipients, as a part of the municipal work program, to participate in training, education or rehabilitative programs that will assist the recipient in securing employment [22 M.R.S.A. § 4316-A(2)]. The work requirement provisions found in § 157-21 regarding just cause, dependents, exemptions and verification also apply to the municipal work program. A person's performance obligations and conduct requirements in fulfilling workfare assignments will be considered comparable to those inherent in bona fide employment. Persons participating in the City work program are not compensated for work performed.
B.
Consent/Work order. Persons assigned to the work program are required
to sign a form stating that they understand the requirements of general
assistance and the work program (workfare). Prior to signing the form,
the Administrator will read it to the applicants or the applicants
will read it themselves. The form will also state the dates and the
number of hours the applicants must work or attend training or educational
programs, the job or training site and the hourly rate by means of
which the duration of the work assignment is calculated. In addition,
the consent form shall describe the consequences of failing to adequately
perform part or all of the workfare or workfare-first assignment.
C.
Limitations. The municipal program work requirements are subject
to the following limitations [22 M.R.S.A. § 4316-A(2) and
(3)]:
(1)
No person shall, as a condition of eligibility, be required to do
any amount of work that exceeds the value of the net general assistance
that the person receives under municipal general assistance standards.
Any person performing work under this subsection shall be provided
with net general assistance, the value of which is computed at a rate
of at least the prevailing minimum wage under state or federal law.
(Note: The federal minimum wage is $4.75/hour as of October 1, 1996,
and shall be increased to $5.15/hour on September 1, 1997.[1])
[1]
Editor's Note: The federal minimum wage was last updated in
2009 to $7.25/hour.
(2)
No workfare participant shall be required to work for a nonprofit
organization if that work would violate the participant's basic
religious beliefs;
(3)
In no case shall eligible persons performing work under this subsection
replace regular municipal employees.
(4)
In no case will work performed under this subsection interfere with
an eligible person's:
(a)
Existing employment;
(b)
Ability to follow up on a bona fide job offer;
(c)
Attendance at an interview for possible employment;
(d)
Classroom participation in a primary or secondary educational
program intended to lead to a high school diploma; or
(e)
Classroom or on-site participation in a training program which
is approved or determined by the Department of Labor to be reasonably
expected to assist the person in securing employment or classroom
participation in a degree-granting program operated under the control
of the Department of Health and Human Services or the Department of
Labor.
(5)
In no case may an eligible person be required to work more than 40
hours per week. An eligible person who has full- or part-time employment
shall be exempt from the work requirement to the extent that the work
requirement in combination with his/her regular employment would result
in the person working more than 40 hours per week.
(6)
In no case will an eligible person be required to perform work beyond
his/her capabilities. However, when an illness or disability is claimed,
an eligible person will be required, as a condition of receiving assistance,
to present a doctor's statement detailing the extent of the disability
or illness (22 M.R.S.A. § 4309). If the Administrator requires
a doctor's statement to verify an applicant's illness or
disability, the municipality will pay for the doctor's evaluation
if the applicant cannot access free or reduced-cost services and has
no means to pay for the exam; however, in such a case the Administrator
will choose the doctor. The Administrator will not require verification
of medical conditions which are apparent or which are of such short
duration that a reasonable person would not ordinarily seek medical
attention [22 M.R.S.A. § 4316-A(5)]. The receipt of SSI
benefits, VA benefits, etc., is not sufficient evidence to constitute
inability to participate in a municipal workfare program. Workfare
programs can be structured to accommodate the individual abilities
of most clients and, in most instances, can be considered beneficial
to health and well being as well as rehabilitative. Good work habits
can be developed, training acquired and work references acquired.
(7)
In no case may an eligible person with an immediate need (i.e., a
person in an emergency situation who has not been disqualified from
receiving assistance for committing a program violation) be required
to perform work under this subsection prior to receiving general assistance.
The Administrator shall meet immediate needs upon receiving written
assurance from the eligible person that he/she is willing to work
to maintain eligibility for general assistance. When the recipient
has no immediate need, workfare participation may be required prior
to receiving general assistance in accordance with the following "workfare
first" policy.
D.
"Workfare first" policy. Under the authority of 22 M.R.S.A. § 4316-A(2)(D),
the Administrator may, in accordance with the following guidelines,
require a recipient of general assistance to perform a workfare assignment
prior to the actual issuance of the general assistance benefit conditionally
granted.
(1)
In no circumstance will emergency general assistance for which an
applicant is eligible be withheld pending the satisfactory performance
of workfare.
(2)
All workfare participants under this policy will be provided a written
decision, as otherwise required by law, within 24 hours of submitting
an application for general assistance and prior to performing any
workfare for the municipality associated with that request for assistance.
That written decision must include:
(a)
A specific description of the amount of general assistance being
conditionally granted to the household, and for which basic needs;
(b)
The period of eligibility for which the general assistance grant
is being issued (in days or weeks, but not to exceed 30 days);
(c)
The rate, at a dollar-per-hour basis (but not less than the
prevailing minimum wage), upon which the duration of the workfare
assignment is calculated;
(d)
The actual duration of the workfare assignment that must be
performed, in hours, before the general assistance grant will be actually
issued;
(e)
The specifics of the workfare assignment(s), including the general
nature of the type of work being assigned, location(s) of work-site,
date(s) and time(s) of assigned workfare, workfare supervisors, names
and contact telephone numbers; and
(f)
Any other pertinent information related to the workfare assignment(s)
the recipient will be expected to perform.
(3)
As previously provided in this section, all workfare participants
under this policy must sign a consent form that informs the participant
of his/her workfare-related rights and responsibilities, including
the consequences of failing to perform all or part of the workfare
assigned without just cause.
(4)
In addition to any disqualification penalty that may apply, the consequences of refusing to perform or completely failing to perform the workfare assignment, without just cause, or performing the entire workfare assignment below the average standards of that job without just cause, will be the termination of the entire general assistance grant. Notice of the grant termination will be provided the workfare participant in accordance with § 157-33 of this chapter.
(5)
If some of the workfare-first assignment is satisfactorily performed but there has been a failure to perform the remainder of the assignment, without just cause, the Administrator shall issue a grant of general assistance in the amount of the number of workfare hours satisfactorily performed times the hourly rate used to calculate the duration of the workfare assignment. In addition to any disqualification penalty that may apply, the remaining value of the conditionally issued general assistance grant shall be terminated, and notice of the partial termination, and the reasons therefor, will be issued to the workfare participant in accordance with § 157-33 of this chapter.
(6)
Any amount of the workfare assignment that is not performed because
the workfare participant was temporarily unable to perform the assignment
for just-cause reasons shall be reassigned.
E.
Work-related expenses. A participant's expenses related to work
performed under this subsection will be added to the amount of net
general assistance to be provided to the person [22 M.R.S.A. § 4316-A(2)(E)].
The City will provide any special clothes or equipment the recipient
needs to perform his/her work assignment.
F.
Disqualification. Any person who willfully fails to perform or willfully
performs below average standards the work assigned by the City, without
just cause, will be ineligible for either regular or emergency assistance
for 120 days [22 M.R.S.A. § 4316-A(1)]. As soon as the Administrator
knows that a recipient failed to fulfill the work assignment, the
Administrator will notify the recipient that he/she is disqualified
for 120 days unless the recipient can show just cause.
(1)
The burden of demonstrating a just-cause failure to perform a workfare
assignment falls on the workfare participants.
(2)
Persons who are disqualified for violations of the work requirement
or the municipal work program are not eligible for any form of general
assistance, including emergency assistance, during the period of time
for which the person is disqualified, nor will any person be retroactively
eligible for general assistance to cover a debt for a basic necessity
incurred during a period of time for which that person has been disqualified
[M.R.S.A. § 4308(2)(A)].
G.
Eligibility regained. Recipients who are disqualified from receiving
assistance because they have violated the requirements of the municipal
work program may regain their eligibility under the following conditions:
(1)
If during the one-hundred-twenty-day disqualification period the
recipient makes a timely and reasonable request to perform the work
assignment which he/she, without just cause, failed to perform, the
disqualified recipient will be given one opportunity to regain eligibility.
The Administrator will give the recipient a work assignment as soon
as possible.
(2)
Recipients who have asked to regain their eligibility during a one-hundred-twenty-day
disqualification period and who agreed to fulfill the assignment which
they previously failed to perform and who, without just cause, again
fail to fulfill their municipal work assignment will be considered
to have acted in bad faith. In such a circumstance, the Administrator
will enforce the one-hundred-twenty-day disqualification for the term
of its initial duration.
(3)
If a workfare participant regains eligibility under this section
but is subsequently disqualified within the initial one-hundred-twenty-day
period of disqualification for failing to comply with the municipal
work program, that participant will be ineligible for a new one-hundred-twenty-day
period beginning with the new disqualification date, but with no opportunity
to requalify.
(4)
Assistance issued to workfare participants who were disqualified
but regained eligibility will commence at the point in time eligibility
is regained. The recipient is not eligible for assistance applicable
to any period during which he/she was disqualified.
(5)
Any recipient who intentionally causes damage to property or harms or endangers other employees by his/her actions and is discharged by the work supervisor will not be entitled to regain eligibility by returning to the work program. Eligibility may be regained by otherwise becoming employed and meeting the definition of need (see § 157-21 for definition of becoming employed).
(6)
Persons who establish just cause for failure to fulfill work assignments
are not disqualified and remain eligible for assistance. When appropriate,
the work assignment(s) missed will be reassigned at a later date during
the eligibility period.
H.
Reports. The Administrator will itemize the assistance that has been
provided to persons who work for the municipality in reports in the
Department of Health and Human Services [22 M.R.S.A. § 4316-A(2)].
A.
Each applicant has the responsibility to make a good-faith effort to secure every available or potential resource which may reduce his/her need for general assistance (see definition of "resources" in § 157-3). People who refuse or fail to make a good-faith effort to utilize a potential resource after receiving a written seven-day notice to do so are disqualified from receiving assistance until they make an effort to secure the resource. Applicants are required to prove that they have made a good-faith effort to secure the resource (22 M.R.S.A. § 4317).
B.
Minors.
(1)
A minor under the age of 18 who has never married and is applying
independently for general assistance and who is pregnant or has a
dependent child or children will be eligible to receive general assistance
only if the minor is residing in the home of his/her parent, legal
guardian or other adult relative, in which case the entire household
will be evaluated for eligibility. Exceptions to this limitation on
eligibility will be made when:
(a)
The minor is residing in a foster home, maternity home, or other
adult-supervised supportive living arrangement; or
(b)
The minor has no living parent or the whereabouts of the parents
are unknown; or
(c)
No parent will permit the minor to live in the parent's
home; or
(d)
The minor has lived apart from both parents for at least one
year before the birth of any dependent child; or
(e)
The Department of Health and Human Services determines that
the physical or emotional health or safety of the minor or the minor's
dependent child or children would be jeopardized if the minor and
his/her child or children lived with a parent; or
(f)
The Department of Health and Human Services determines, in accordance
with its regulation, that there is good cause to waive this limitation
on eligibility [22 M.R.S.A. § 4309(4)].
(2)
Any person under the age of 25 who is applying independently from
his/her parents for general assistance will be informed that until
he/she reaches the age of 25, the applicant's parents are still
legally liable for his/her support (19 M.R.S.A. §§ 441
through 443[1]) and the municipality has the right to seek recovery from
the parents of the cost of all assistance granted to such an applicant
to the extent his/her parents are financially capable of repaying
the municipality (22 M.R.S.A. § 4319). With regard to any
such application, the City may seek verification of the applicant's
need for general assistance by contacting his/her parents (City of
Bangor v. DHS, Penob. Cty #CV-90-28). If the applicant's parents
declare a willingness to provide the applicant with his/her basic
needs directly, and there is no convincing evidence that the applicant
would be jeopardized by relying on his/her parents for basic needs,
the Administrator may find the applicant to be in no need for general
assistance for the reason that his/her needs are being provided by
a legally liable relative.
[1]
Editor's Note: 19 M.R.S.A. § 441 was repealed by
L. 1995, C. 694, § B-1, effective 10-1-1997; 19 M.R.S.A.
§§ 442 and 443 were repealed by L. 1991, C. 376, §§ 29
and 30, effective 6-18-1991.
C.
Mental or physical disability. Any applicant who has a mental or
physical disability must make a good-faith effort to utilize any medical
or rehabilitative services which have been recommended by a physician,
psychologist or other professional retraining or rehabilitation specialist
when the services are available to the applicant and would not constitute
a financial burden or create a physical risk to the individual.
D.
Written notice; disqualification.
(1)
The Administrator will give each applicant written notice whenever
the applicant is required to utilize any potential resources. Any
applicant who refuses to utilize potential resources, without just
cause, after receiving a written seven-day notice will be ineligible
for further assistance, including emergency assistance, until he/she
has made a good-faith effort to utilize the resources.
(2)
General assistance will not be withheld from the applicant pending
receipt of a resource if the applicant has made, or is in the process
of making, a good-faith effort to obtain the resource.
E.
Forfeiture of benefits. Any applicant who forfeits receipt of or
causes a reduction in benefits from another public assistance program
due to fraud, misrepresentation, or a knowing or intentional violation
of program rules or a refusal to comply with that program's rules
without just cause will be ineligible to receive general assistance
to replace the forfeited benefits. To the extent the forfeited benefits
can be considered income under general assistance law, the worth of
the forfeited benefits will be considered income that is available
to the applicant for the duration of the forfeiture. To the extent
the forfeited benefits were provided not in the form of income but,
rather, in the form of specific, regularly issued resources of a calculable
value, that resource, up to its forfeited value, need not be replaced
with general assistance for a period of 120 days from the date of
the forfeiture unless the municipality is prohibited by federal or
state law from considering the forfeited resource as available with
respect to local public assistance programs (22 M.R.S.A. § 4317).
A.
No one will have his/her assistance terminated, reduced, or suspended
prior to being given written notice and an opportunity for a fair
hearing (22 M.R.S.A. §§ 4321, 4322). Each person will
be notified in writing of the reasons for his/her ineligibility or
disqualification and of the period of ineligibility or disqualification.
He/She will also be notified that disqualifications are effective
statewide and disqualified recipients are not to be found eligible
for general assistance anywhere in the state unless the disqualification
is lifted by the municipality which initiated the disqualification.
B.
As stated in 22 M.R.S.A. § 4308(2)(A), persons who are
disqualified for violations stated in this section are not eligible
for any form of general assistance, including emergency assistance,
during the period of time for which the person is disqualified; nor
will any person be retroactively eligible for general assistance to
cover a debt for a basic necessity incurred during a period of time
for which that person has been disqualified.
C.
Work requirement. People who do not comply with a work requirement are disqualified from receiving assistance for a period of 120 days (unless they regain their eligibility; see §§ 157-21, 157-22). People who do not comply with the work requirement associated with their grant of assistance and are disqualified before the period covered by the grant of assistance expires shall be disqualified for 120 days following the end of the period covered by the assistance grant. People who do not comply with a work requirement and are disqualified after the period covered by the grant of assistance expires will be disqualified for 120 days from the date of the written notice of disqualification. The Administrator shall give recipients written notice that they are disqualified as soon as the Administrator has sufficient knowledge and information to render a decision of disqualification.
D.
Use of resources. See § 157-23. Disqualification continues until a good-faith effort is made to utilize the resources.
E.
Forfeiture of benefits. See § 157-23. The worth of the forfeited benefit is considered available income for 120 days.
F.
Fraud. People who commit fraud are disqualified from receiving assistance for a period of 120 days. (See § 157-28, Fraud.) The Administrator will notify recipients in writing that they are disqualified as soon as the Administrator has sufficient knowledge and information to render a decision. If a disqualification for fraud is issued before the expiration of a grant of assistance, the period of disqualification shall commence on the day following the end of the period covered by the grant of assistance or on the day the fair hearing authority renders its decision, whichever is later. If fraud is discovered after the period covered by the grant of assistance has expired, the period of ineligibility will commence on the day of the written notice of disqualification.
