City of Augusta, ME Determination of Eligibility

Each applicant and recipient has the responsibility at the time of application and continuing thereafter to provide complete, accurate and current information and documentation concerning his/her need, income, use of income, expenses, and any changes in information previously reported on the application. The Administrator will require documentation of the applicant's income, use of income, assets and resources plus actual bills and receipts for rent, utilities, fuel, telephone, medical services and other basic necessities that are reasonably obtainable. The recipient is responsible for notifying the Administrator of any changes in his/her household or income that may affect his/her eligibility.

When determining an applicant's eligibility, the Administrator will seek all necessary information first from the applicant. Information needed from other sources, with the exception of public records, will be gathered only with the knowledge and consent of the applicant [22 M.R.S.A. § 4309(1-B)].

Decision. If an applicant does not have the necessary information at the time of application, the Administrator will give him/her the opportunity to provide the information prior to the expiration of the twenty-four-hour period within which the Administrator must act on the application. Except when assistance is conditionally granted pursuant to this municipality's workfare-first policy (see § 157-22), if all the necessary information has been provided and the applicant is eligible, assistance will be granted. If the applicant does not provide the required information needed within the twenty-four-hour period, and the Administrator cannot determine the applicant's eligibility, the applicant will be denied assistance for that reason [22 M.R.S.A. § 4309(1-B)]. The applicant will be advised he/she may reapply when required information can be provided.

Denial of assistance. The Administrator will not grant assistance to any applicant who refuses to supply necessary information and documentation concerning his/her needs, income and other resources, or who refuses to grant permission for the Administrator to contact other persons to verify the information. If the Administrator has attempted to verify the information but is unable to determine if the applicant is eligible because the applicant has refused to provide or allow the Administrator to verify the necessary information, the applicant will be denied assistance until the necessary verification has been accomplished [22 M.R.S.A. § 4309(1-B)].

Right to verify. It is the Administrator's responsibility to determine and verify the eligibility of each applicant. The Administrator may seek and verify information from all appropriate sources, including, but not limited to: the Department of Health and Human Services and any other department of the state having information that has a bearing on an applicant's eligibility, financial institutions, employers, landlords, physicians, and legally liable relatives. The Administrator will request the applicant's written consent authorizing the Administrator to receive the necessary information (22 M.R.S.A. § 4314).

Penalty for refusing to release information. Any person governed by 22 M.R.S.A. § 4314 who refuses to provide necessary information to the Administrator after it has been requested must state in writing the reasons for the refusal within three days of receiving the request. Any person who refuses to provide the information, without just cause, commits a civil violation and may be subject to a fine of not less than $25 nor more than $100, which may be adjudged in any court of competent jurisdiction. Any person who willfully renders false information to the Administrator is guilty of a Class E crime [22 M.R.S.A. §§ 4314(5) and (6), 4315].

§ 157-28 Fraud.

It is unlawful for a person to knowingly and willfully make a false representation of a material fact to the Administrator in order to receive general assistance or cause someone else to receive general assistance (22 M.R.S.A. § 4315). A material fact is any information which has direct bearing on the person's eligibility.

False representation shall include any individual knowingly and willfully:

Making a false statement to the General Assistance Administrator, either orally or in writing, in order to obtain assistance to which the applicant or the applicant's household is not entitled;

Concealing information from the General Assistance Administrator in order to obtain assistance to which the applicant or applicant's household is not entitled; or

Using general assistance benefits for a purpose other than that for which they were intended.

No person may be denied assistance solely for making a false representation prior to being given an opportunity for a fair hearing.

Period of ineligibility. When the General Assistance Administrator finds that a person has knowingly and willfully misrepresented material facts for the purpose of making himself/herself eligible for general assistance, the Administrator shall notify that applicant in writing that he/she has been disqualified from receiving assistance for 120 days. For the purpose of this section, a material misrepresentation is a false statement about an eligibility factor in the absence of which some or all of the assistance would not be or would not have been granted. The notification of disqualification issued by the Administrator shall inform the applicant of his/her right to appeal the Administrator's decision to the fair hearing authority within five working days of receipt. The period of ineligibility shall commence on the day following the end of the period covered by the grant of assistance fraudulently received or upon the date of notification of disqualification, whichever is later.

Right to a fair hearing. Any applicant who is denied assistance for making a false representation will be afforded the opportunity to appeal the decision to the fair hearing authority in accordance with Article VII of this chapter. No recipient shall have his/her assistance reduced or revoked during the period of eligibility before being notified and given the opportunity to appeal the decision. Any person who is dissatisfied with the decision of the fair hearing authority may appeal that decision to the Superior Court pursuant to Rule 80B of the Maine Rules of Civil Procedure [22 M.R.S.A. § 4309(3)].

Reimbursement. If a recipient does not appeal the decision or if the fair hearing authority determines that a recipient did make a false representation, he/she will be required to reimburse the City for any assistance received to which he/she was not entitled.

Dependents. In no event will the disqualification of a person under this section serve to disqualify any eligible dependent in that household (22 M.R.S.A. § 4315). In the event one or more members of a household are disqualified and assistance is requested for the remaining dependents, the eligibility of those dependents will be calculated as though the household is comprised of the dependents only, except that the entire household income will be considered available to them.

§ 157-29 Period of eligibility.

The Administrator will grant assistance to all eligible persons for a period that is sufficient to meet their immediate need but in no event may a grant of assistance cover a period in excess of one month (22 M.R.S.A. § 4309). Upon any application, the Administrator will determine the applicant's eligibility on the basis of a thirty-day prospective analysis. For reasons of administrative efficiency and accuracy, however, the Administrator may elect to disburse that applicant's assistance for shorter periods of time, such as weekly, throughout the established period of eligibility. When the Administrator elects to disburse general assistance for a period of time less than 30 days, subsequent grants of assistance during that thirty-day period may be issued pursuant to the initial determination of need unless the applicant's financial situation changes substantially enough to warrant a redetermination of eligibility.

§ 157-30 Determination of need.

Thirty-day calculation. The period of time used to calculate need will be the next thirty-day period from the date of application [22 M.R.S.A. § 4301(7)]. The Administrator will calculate applicants' expenses according to the actual expense of the basic necessity or the maximum levels for the specific necessities allowed in § 157-32, whichever is less. The sum of these expenses, as calculated for a prospective thirty-day period, is the applicant's thirty-day need. Applicants will not be considered eligible if their income and other resources exceeds this calculation except in an emergency [see § 157-15, 22 M.R.S.A. § 4308(2)].

Overall maximum; deficit. Applicants will also not be considered in need of general assistance if their income, property, credit, assets or other resources available to provide basic necessities for their household are greater than the applicable overall maximum level of assistance set forth in the beginning of § 157-32 [M.R.S.A. §§ 4301(10), 4305(3-B)]. The difference between the applicant's income/resources and the overall maximum levels of assistance established by this chapter is the applicant's deficit. Once an applicant's deficit has been determined, the specific maximum levels of assistance for each basic necessity listed in § 157-32 shall be used by the Administrator to guide the distribution of assistance for which the applicant is eligible. The specific maximum levels of assistance for each basic necessity are intended to be reasonable and sufficient to help recipients maintain a standard of health and decency [22 M.R.S.A. § 4305(3-A)].

Income for basic necessities. Applicants are required to use their income for basic necessities. Except for initial applicants, no applicant is eligible to receive assistance to replace income that was spent within the thirty-day period prior to an application for assistance on goods and services that are not basic necessities. All income spent on goods and services that are not basic necessities will be considered available to the applicant and combined with the applicant's prospective thirty-day income for the purposes of computing eligibility (22 M.R.S.A. § 4315-A). Applicants who have sufficient income to provide their basic necessities but who use that income to purchase goods or services which are not basic necessities will not be considered eligible for assistance. Persons who exhaust their income on basic necessities and who still need assistance with other basic necessities will be eligible, provided that their income does not exceed the overall maximum level of assistance.

Use-of-income verification. Anyone applying for general assistance must document his/her use of income to the Administrator; otherwise, income received can be assumed to still be available. First-time applicants will be asked to provide this information to establish that need exists but will not be penalized for income used for goods and services that are not basic necessities. Required documentation can take the form of cancelled checks and/or receipts for payment which demonstrate that the applicant has exhausted all his/her income received over the last thirty-day period. Personal check stubs and copies of money orders are not considered adequate verification of payment.

Allowable expenditures include reasonable shelter costs (rent/mortgage); the actual costs of heating fuel, electricity and food, up to the ordinance maximums; telephone costs at the base rate if the household has verified a telephone is needed for medical reasons; the costs of nonelective medical services as recommended by a physician which are not otherwise covered by medical entitlement, insurance or sliding scale service; the reasonable cost of essential clothing and nonprescription drugs; and the costs of any other commodity or service determined essential by the Administrator.

Cable television, cigarettes/alcohol, gifts purchased, costs of celebrations, trips or vacations, court fines paid, repayments of unsecured loans, credit card debt, costs associated with pet care, etc. are not considered basic necessities and will not be included in the budget computation.

Use of income prioritized.

Applicants will be notified in writing that the City of Augusta requires that recipients utilize their income and resources for specific basic necessities within amounts established by this chapter in the following order of priority:

Rent or other housing costs for the current month (receipt required).

Energy costs (lights and fuel) for the current month (bill and receipt of payment required).

Personal/Household needs (reasonable amounts up to ordinance maximums).

Food (up to the ordinance maximum).

Other additional current priority needs such as medicines, work-related expenses must be verified in order to be considered (bills, prescriptions and any receipts required).

The GA Administrator may provide that items in Subsection E(1)(e) take precedence over any item or items listed in Subsection E(1)(a) through (d) when deemed appropriate after considering the needs and circumstances of the particular applicant(s).

Families or individuals with regular income such as wages, AFDC, SSI, social security benefits, veterans benefits, etc. will be required to show verification each month when they apply that their total income is used to pay necessities as stated above. After verification (receipts) that the recipient paid those expenses, the City will apply any additional assistance the recipient is eligible for and in need of to remaining necessities in this order:

Food.

Personal/Household needs.

Others from the list in Subsection E(1)(a) through (e) above as approved by the GA Administrator.

(4)

Assistance will generally be furnished on a weekly basis with attention directed to dates that income and resources will be received and to dates that expenses are due and services or goods are needed.

(5)

If it is determined that the recipient household's income was not used as directed and also was not used for basic necessities, the recipient's household will not be eligible to receive either regular or emergency general assistance to replace that income. Assistance will not be reduced if the recipient's household can verify income was exhausted to purchase basic necessities (22 M.R.S.A. § 4315-A).

Computation of income and expenses.

In determining eligibility, the Administrator will subtract the applicant's net income from the overall maximum level of assistance found at the beginning of § 157-32. If income is greater than the overall maximum level of assistance, the applicant will not be eligible except in an emergency (see § 157-15). If income is less than the overall maximum, the applicant has a deficit.

The City will provide assistance in an amount up to the deficit to the extent the applicant also has an unmet need and is in need of basic necessities. The City will not grant assistance in excess of the maximum amounts allowed in § 157-32 of this chapter, except in an emergency or when the Administrator elects to consolidate the applicant's unmet need, as provided immediately below.

Consolidation of deficit. As a general rule and to the extent of their deficit, applicants will be eligible for assistance for any basic necessity up to, but not exceeding, the maximum amount allowed for that necessity in this chapter or the actual thirty-day cost of the necessity, whichever is less. Under certain circumstances, however, and in accordance with the following conditions, the Administrator may consolidate the applicant's deficit and apply it toward a basic necessity in an amount greater than the ordinance maximum for that necessity.

The practice of consolidating the deficit and applying it toward a basic necessity in amounts greater than the ordinance maximum shall be the exception rather than the rule;

The total general assistance grant cannot exceed the total deficit unless the applicant is in an emergency situation; and

The need for the application of the recipient's consolidated deficit toward a basic necessity was not created by the recipient misspending his/her income or resources in violation of the use-of-income requirements of this chapter.

§ 157-31 Income.

Income standards. Applicants whose income exceeds the overall maximum level of assistance provided in § 157-32 shall not be eligible for general assistance except in an emergency. The Administrator will conduct an individual factual inquiry into the applicant's income and expenses each time an applicant applies.

Calculation of income. To determine whether applicants are in need, the Administrator will calculate the income they will receive during the next thirty-day period commencing on the date of application and identify any assets or resources that would alleviate their need. For all applicants other than initial applicants, the Administrator will also consider as available income any income that was not spent during the previous thirty-day period on basic necessities, as well as any income that was spent on basic necessities in unreasonable excess of the ordinance maximums for specific basic necessities. If the household's income exceeds the amount the household needs for basic necessities, up to the maximum levels contained in § 157-32, applicants will not be considered in need. Exceptions will be made in emergency situations which may necessitate that the maximum levels be exceeded (22 M.R.S.A. § 4308; see § 157-15). Income and expenses should not be averaged or generalized. Attention will be focused on the actual dates and the actual amounts of income received and expended as applicable to the computation period.

Types of income. Income which will be considered in determining an applicant's need includes:

Earned income. Income in cash or in kind earned by the applicant/household through wages, salary, commissions, or profit, whether self-employed or as an employee, is considered earned income. If a person is self-employed, total income will be computed by subtracting reasonable and actual business expenses from gross income. When income consists of wages, the amount computed will be that available after taxes, social security and other payroll deductions required by state, federal, and local law. Rental income and profit from produce that is sold is considered earned income. Income that is held in trust and unavailable to the applicant or the applicant's dependents will not be considered as earned income. NOTE: Actual work-related expenses such as union dues, transportation to and from work, special equipment or work clothes, and child-care costs will not be considered available income and will be deducted [22 M.R.S.A. § 4301(7)].

Income from other assistance or social services programs. State categorical assistance benefits, SSI payments, social security payments, VA benefits, unemployment insurance benefits, and payments from other government sources will be considered as income, unless expressly prohibited by federal law or regulation. Federal law prohibits food stamps and fuel assistance payments made by the Home Energy Assistance Program (HEAP and ECIP) from being considered income. The value of the food stamps or fuel assistance will not be used to reduce the amount of general assistance the applicant is eligible to receive, although applicants may have only a limited or reduced need for general assistance for heating fuel or electricity if a recently received HEAP/ECIP benefit has sufficiently credited their account or otherwise obviated an actual fuel-related cost over the prospective thirty-day period. The Administrator's obligation is to always compute the heating needs of an applicant who has received HEAP or ECIP as if that applicant paid for his/her total fuel costs. Accordingly, in such cases, the Administrator will budget for the household's heating energy needs according to actual usage, up to the ordinance maximums, but the Administrator may, with written notice to the applicant, hold in reserve the heating energy portion of the applicant's deficit until such a time during the period of eligibility that the applicant has a demonstrable need for the disbursement of heating energy assistance; that is, the applicant's fuel tank can accept a minimum fuel delivery or the applicant no longer has a positive credit balance with his/her utility company. The City is not obligated to divert any recipient's heating energy allowance toward non-heating purposes solely on the basis of the recipient's receipt of HEAP/ECIP.

Court-ordered support payments. Alimony and child-support payments will be considered income only if actually received by the applicant. The General Assistance Administrator will refer cases where support payments are not actually received to the State Department of Health and Human Services' Support Enforcement and Location Unit.

(4)

Income from other sources. Payments from pensions and trust funds will be considered income. Payments from boarders or lodgers will be considered income, as will cash or in-kind contributions provided to the household from any other source, including relatives [22 M.R.S.A. § 4301(7)].

(5)

Earnings of a son or daughter. Earned income received by sons and daughters below the age of 18 who are full-time students and who are not working full-time will not be considered income. The unearned income of a minor in the household will be considered available to the household.

(6)

Income from household members. Income from household members will be considered available to the applicant, whether or not the household member is legally obligated for the support of the applicant, if the household members pool or share their income and expenses as a family or intermingle their funds so as to provide support to one another (Boisvert v. Lewiston, Andro. Sup. Ct. CV #80-436).

(7)

The pooling or nonpooling of income. When two or more individuals share the same dwelling unit but not all members of the household are applying for general assistance, the Administrator shall make a finding under a rebuttable presumption that the entire household is pooling income [22 M.R.S.A. § 4301(12-A)]. One or more applicants for assistance can successfully rebut the presumption that all household income is being pooled by providing the Administrator with verifiable documentation affirmatively demonstrating a pattern of nonpooling for the duration of the shared living arrangement. Such documentation would include evidence of the entire household expenses as well as bank statements, canceled checks, receipts, landlord statements or other vendor accounts clearly supporting a claim that the applicant has been and is presently solely and entirely responsible for his/her pro-rata share of household costs. If the applicant is unable to successfully rebut the City's presumption that all household income is being pooled, eligibility of the entire household will be determined based on total household income. If the applicant successfully rebuts the municipality's presumption that all household income is being pooled, the applicant's eligibility will be determined on the basis of his/her income and his/her pro-rata share of actual household expenses.

(8)

Lump sum income. A lump-sum payment received by a repeat applicant's household prior to the date of application for general assistance shall be considered as income available to the household, with the exception of any required payments (i.e., any third-party payment which is required as a condition of receiving the lump-sum payment, or any payments of bills earmarked for the purpose for which the lump-sum payment was made) and any amount of the lump-sum payment which the applicant can document was spent on basic necessities, as described below.

In the case where a lump-sum payment was received by a household at any time prior to the date of application for general assistance, the Administrator must prorate an applicant's eligibility for general assistance according to the following criteria of 22 M.R.S.A. § 4301(7):

Identify the date the lump-sum payment was received.

Subtract from the lump-sum payment all required payments.

Subtract from the lump sum any amount the applicant can demonstrate was spent on basic necessities, including all basic necessities provided by general assistance in reasonable conformance with the specific maximum levels of assistance, per month, provided in this chapter; any reasonable payment of funeral or burial expenses for a family member; any reasonable travel costs related to the illness or death of a family member; repair or replacement of essentials lost due to fire, flood or other natural disaster; repair or purchase of a motor vehicle essential for employment, education, training or other day-to-day living necessities [22 M.R.S.A. § 4301(7)].

Add to the remainder all income received by the household between the date of receipt of the lump-sum payment and the date of application for general assistance.

[5]

Divide the sum created by Subsection C(8)(a)[4], above, by the aggregate maximum monthly allocation of general assistance available to the household pursuant to 22 M.R.S.A. § 4305(3-B) [§ 157-32A(2)].

The dividend remaining after following the above guidelines represents the number of months from the receipt of the lump-sum payment during which an income level equivalent to the maximum monthly allocation of general assistance for the household will be deemed available to that household. No proration of lump sum income can extend longer than 12 months from the date of application. Applicants who have been declared ineligible for reasons of lump sum proration will not be eligible for emergency general assistance during the period of proration.

§ 157-32 Basic necessities; maximum levels of assistance.

[Amended 6-7-2012 by Ord. No. 12-079; 10-1-2015 by Ord. No. 15-161]

Overall maximum levels of assistance.

Notwithstanding any of the maximum levels of assistance for specific basic necessities listed in this section, an applicant's eligibility for general assistance will be first determined by subtracting his/her income from the overall maximum level of assistance designated immediately below for the applicable household size [22 M.R.S.A. § 4305(3-B)]. The difference yielded by this calculation shall be the applicant's deficit. Applicants will be eligible for general assistance up to the calculated deficit to the extent the applicant is unable to otherwise provide the basic necessities essential to maintain himself/herself or his/her family. Applicants with no deficit shall be found ineligible for general assistance unless they are in an emergency, in which case eligibility for emergency general assistance will be determined according to § 157-15 of this chapter.

The Administrator will accurately record computations and supporting reasons which are the basis for any eligibility or ineligibility determination. If the initial thirty-day eligibility computation indicates no deficit or unmet need or an insufficient deficit to meet an applicant's expressed immediate emergency need, the Administrator must always proceed to make a second emergency computation and determination. Both of these determinations are to be recorded with explanatory narratives and/or supporting verification. Any emergency assistance granted will be clearly identified as such.

	Overall Maximum GA
	No. in Household	Monthly
	1	$570
	2	$659
	3	$843
	4	$1,057
	5	$1,126
	6	$1,201
	Each additional person	+$75

Maximum levels of assistance for specific basic necessities. The City will grant assistance to eligible applicants for basic necessities according to the maximum levels for specific types of assistance set forth below and according to priority standards established in this chapter (§ 157-30). The maximum levels will be strictly adhered to; although if the Administrator determines that there are exceptional circumstances and an emergency is shown to exist, the absolute levels will be waived in order to meet immediate needs (Glidden v. Town of Fairfield, Som. Sup. Ct. CV#79-17). In all cases, either the actual expenses the applicant incurs for basic necessities or the maximum amount allowed in each category, whichever is less, will be used in determining need.

In roommate situations, the applicant's need for common living expenses for food, rent, fuel, etc. will be presumed to be reduced by an amount equal to the other household members' proportionate fair share of the common living expenses. No applicant will be allowed to claim a need for any expense which has been or will be paid by another person.

In addition, as a general rule the municipality will not provide a benefit toward a basic need by paying a bill that is issued to a person not living with the applicant's household or that has otherwise been incurred by a person who has not been found eligible to receive assistance. Temporary exceptions to this general rule may be made by the Administrator in the following circumstances:

A recent, unplanned separation has occurred in the household resulting in the sustained or permanent absence of a former household member in whose name the bill was customarily issued;

The applicant and members of the applicant's household were or will be the sole recipients of the commodities or services covered by any bill to be paid or partially paid with general assistance; and

The applicant will make a good-faith effort to direct the vendor to issue future bills in the name of the applicant or other responsible person residing in the household.

Allowable maximums for specific basic necessities follow by categories.

Food. The Administrator will provide food assistance to eligible persons up to the allowed maximum amounts designated by the U.S.D.A. Thrifty Food Plan for the appropriate household size. For this purpose, the City hereby incorporates by reference the U.S.D.A. Thrifty Food Plan, as distributed to the City by the Maine Department of Health and Human Services on or about October of each year. In determining need for food, the Administrator will not consider the value of the food stamps an applicant receives as income [22 M.R.S.A. § 4301(7)(A); Dupler v. City of Portland, U.S. Dist. Ct. CV#74-134 SD]. The City will authorize purchase orders to be used solely for approved food products. Moderately priced products may be specified. Food orders will be issued on a weekly basis or daily basis when appropriate.

The maximum amounts allowed for food are:

Food
No. in Household	Weekly	Monthly
1	$45.12	$194
2	$83.02	$357
3	$118.84	$511
4	$150.93	$649
5	$179.30	$771
6	$215.12	$925
7	$237.67	$1,022
8	$271.86	$1,169
Each additional member add:		+$146

The Administrator will exceed the above maximums when necessary for households having members with special dietary needs. The Administrator may require a doctor's statement which verifies that there is a special dietary need that requires an expenditure for food which is greater than the ordinance maximums.

Housing. The Administrator will provide assistance with rent or mortgage payments that are reasonable and within the allowed maximum levels below. It is the applicant's responsibility to find suitable housing, although the Administrator may help the applicant find housing when unusual circumstances so require. The Administrator will inform the applicant of the allowed housing maximums to assist him/her in his/her search for housing. The allowed maximum for any applicant will be the categorical housing maximum representing the minimum dwelling unit space necessary to adequately shelter the applicant household. Applicants requesting assistance for housing that contains more bedrooms than are necessary for the number of household members will be provided assistance according to the maximum level for the number of rooms actually needed. The same condition may be made regarding excess land, acreage or buildings in various computations regarding payment for shared housing, rent, mortgages, taxes, etc. Mobile home rentals will include the lot rental as part of the total rent.

Housing availability form. Applicants will be required to verify housing availability and costs by obtaining a statement completed by the landlord. The City will provide a form for that purpose, listing the necessary information. Housing assistance will be furnished on a weekly basis or daily when appropriate. Monthly rates will be converted to weekly and daily rates by dividing the monthly total by the number of days in the appropriate month to establish a daily rate for each month. The correct daily rate for each month involved will be used to arrive at the correct weekly rate.

Rental payments to relatives. The City will not authorize any rental payment to an applicant's relatives unless the rental relationship has existed for at least three months and the applicant's relative(s) relies on the rental payment for his/her basic needs. For the purpose of this section, a "relative" is defined as the applicant's parents, grandparents, children, grandchildren, siblings, parents' siblings, or any of those relatives' children [22 M.R.S.A. § 4319(2)].

Rental payments to private homes. When the applicants are living in private homes or sharing dwelling units with other people who are not requesting general assistance, the amount allowed as the applicant's shelter expense will be the applicant's pro-rata share of the actual, total shelter cost, up to the ordinance maximum [22 M.R.S.A. § 4301(6)].

Any housing assistance issued to a recipient in such a circumstance shall be issued, whenever reasonably possible, to the landlord or property owner with most superior legal or equitable interest in the property.

When the City issues in aggregate more than $600 total in rental payments to any landlord in any calendar year, a 1099 form declaring the total amount of rental payments during the calendar year will be issued to the Internal Revenue Service (IRS) pursuant to IRS regulation. Rental payments constitute services rendered. [See § 6041(a) of Internal Revenue Code; see also § 157-34 of this chapter regarding disbursement.]

(f)

Mortgage payments.

In the case of a request for assistance with a mortgage payment, the General Assistance Administrator will make an individual factual determination of whether the applicant has an immediate need for such aid. In making this determination, the Administrator will consider the extent and liquidity of the applicant's proprietary interest in the housing.

Factors to consider in making this determination include:

[i]

The marketability of the shelter's equity;

[ii]

The amount of equity;

[iii]

The availability of the equity interest in the shelter to provide the applicant an opportunity to secure a short-term loan in order to meet immediate needs;

[iv]

The extent to which liquidation may aid the applicant's financial rehabilitation;

[v]

A comparison between the amount of mortgage obligations and the anticipated rental charges the applicant would be responsible for if he/she were to be dislocated to rental housing;

[vi]

The imminence of the applicant's dislocation from owned housing because of his/her inability to meet the mortgage payments;

[vii]

The likelihood that the provision of housing assistance will prevent such dislocation; and

[viii]

The applicant's age, health and social situation.

These factors shall be considered when determining whether the equity in the shelter is an available asset which may be substituted for the assistance the City would otherwise be required to provide. If after reviewing the above criteria the Administrator determines that (1) the monthly mortgage obligation is in accordance with the maximum levels of assistance available for housing appropriate to the applicant's household size; (2) there is no capacity in the accumulated equity in the property, when considered in the context of the applicant's borrowing capacity with the mortgagee or the general lending community, to suspend the mortgage obligation temporarily or reamortize the mortgage in such a way as to suspend or reduce the mortgage obligation; and (3) the failure to provide a mortgage payment in a timely manner could jeopardize the applicant's continued right of possession of the property, then the Administrator shall consider issuing a benefit in response to the applicant's request for mortgage assistance to the extent the applicant is otherwise eligible for general assistance.

If a mortgage payment is necessary, the Administrator will pay the actual amount due, up to the amount allowed according to the maximum levels listed below, whichever is less. After an initial application, assistance with such payments will be given only after the applicant has made all reasonable effort to borrow against the equity of his/her home. If there is not sufficient equity in the home with which to secure a loan, and if the monthly mortgage payments are not realistically in line with the rental rates for similar housing in the area that could meet the applicant's needs, the Administrator will inform the applicant that he/she is responsible for finding alternative housing within his/her ability to pay and will be obligated to make all reasonable efforts to secure such housing.

(g)

Liens. When the City makes mortgage payments, the City may place a lien on the property in order to recover its costs of granting assistance with mortgage payments (22 M.R.S.A. § 4320). No lien may be enforced against a recipient except upon his/her death or the transfer of the property. Further, no lien may be enforced against a person who is currently receiving any form of public assistance or who would again become eligible for general assistance if the lien were enforced.

If the City determines that it is appropriate to place a lien on a person's property to recover its costs of providing general assistance for a mortgage payment, it must file a notice of the lien with the County Registry of Deeds where the property is located within 30 days of making the mortgage payment. That filing shall secure the City's or the state's interest in an amount equal to the sum of that mortgage payment and all subsequent mortgage payments made on behalf of the same eligible person plus interest and cost. Not less than 10 days prior to filing the lien notice in the Registry, the municipal officers must send notice to the owner of the real estate, the general assistance recipient, and any record holder of the mortgage by certified mail, return receipt requested, that a lien on the property is going to be filed with the Registry. This notice must clearly inform the recipient of the limitations upon enforcement plus the name, title, address and telephone number of the person who granted the assistance. The municipal officers must also give written notice to the recipient each time the amount secured by the lien is increased because of an additional mortgage payment or the imposition of interest. This notice must include the same information that appeared on the original notice of proposed filing sent to the recipient.

The City will charge interest on the amount of money secured by the lien. The municipal officers will establish the interest rate, not to exceed the maximum rate of interest allowed by the State Treasurer. The interest will accrue from the date the lien is filed.

(h)

Property taxes. In the event an applicant requests assistance with his/her property taxes, the Administrator will inform the applicant that there are two procedures on the local level to request that relief: the poverty abatement process [36 M.R.S.A. § 841(2)] and general assistance. If the applicant chooses to seek property tax assistance through general assistance, or if the applicant is denied a poverty tax abatement, the Administrator may consider using general assistance to meet this need only if:

The property tax in question is for the applicant's place of residence;

There is a tax lien on the property which is due to mature within 60 days of the date of application;

As a matter of policy or practice it is reasonably certain that a tax lien foreclosure will result in subsequent eviction from the residential property; and

The applicant, with sufficient notice, applies for property tax relief through the Maine Resident Property Tax Program, when available.

(i)

Safe and sanitary housing. For the purpose of clarifying the City's intent to provide decent and adequate housing to general assistance recipients, this chapter will clearly incorporate herewith by reference Chapter 173, Housing Code, of the City Code. Commercial rooming houses and motels, hotels, and shelters do not usually meet the standards of self-sufficiency for permanent dwelling units required in Chapter 173 but are available and suitable temporary or long-term housing options for many people. To assure that decent, safe and adequate housing is provided in these facilities, authorization of general assistance funds for housing needs will be contingent on verification that the landlord, owner or operator has a current valid lodging license for the premises from the Department of Health and Human Services, Division of Health Engineering, pursuant to 10-144 Code of Maine Rules, Chapter 201.

(j)

Code violations. Violations of Chapter 173, Housing Code, of the City Code or of State of Maine licensing requirements of the Department of Health and Human Services, Division of Health Engineering, which result in citations requiring corrective action for health and/or safety reasons will result in the following action:

If an eligible person who is requesting housing assistance proposes to obtain occupancy for housing which is under citation, the Administrator will refuse to issue any assistance for the substandard housing but will provide assistance for suitable alternative housing.

If an eligible person requests assistance for housing which that person already occupies and which is currently under citation or subsequently cited as substandard, the Administrator will promptly issue a written notice to the eligible person stating that at the end of 30 days from the issuance date of the notice, the Administrator will refuse to issue any assistance for the substandard housing but will provide assistance for suitable alternative housing.

(k)

Housing maximums. The maximum levels of housing assistance contained in this chapter have been derived either from a locally accomplished fair market rental survey or the fair market rental values developed by the United States Department of Housing and Urban Development (HUD). If the maximum levels of housing are derived from the HUD values as those values are prepared and distributed by the Maine Department of Health and Human Services on or about October 1 of each year are hereby incorporated by reference. If and when the maximum levels of housing contained in this chapter are derived from a locally developed fair market rental survey, a record of that survey will be submitted to the Department of Health and Human Services, General Assistance Unit, and the maximum levels of housing assistance will be incorporated into this chapter pursuant to the ordinance adoption and amendment procedures found at 22 M.R.S.A. § 4305. The maximum amounts allowed for housing meeting safe and sanitary housing codes are:

Housing
	Unheated		Heated
No. of Bedrooms	Weekly	Monthly	Weekly	Monthly
0	$94	$403	$118	$507
1	$107	$460	$137	$589
2	$140	$601	$177	$761
3	$178	$766	$224	$962
4	$181	$778	$236	$1,116

(l)

Emergency shelters. The Administrator may enter into agreements with local emergency shelters regarding arrangements for services which may or may not include temporary presumption of eligibility for some occupants [22 M.R.S.A. § 4304(3)]. Any agreements made regarding shelter services and charges shall be completed in writing mutually agreed upon and cosigned by the parties participating, with copies to be retained by both. Such agreements shall be limited to no longer than a one-year duration to coincide with the City's fiscal year and shall conform to the general assistance statutes and this chapter.

Utilities. Expenses for lights, cooking, and hot water will be budgeted separately if they are not included in the rent. Applicants are responsible for making arrangements with the utility company regarding service, including entering into a special payment arrangement if necessary. It is the applicant's responsibility to conserve and to keep utility costs as low as possible. Air conditioning, excessive hot water use, deep freezer operation and waterbeds and fish tanks are examples of usage not necessary to maintain good health and should be discontinued temporarily.

Assistance will be granted to eligible applicants on the basis of their most recent bill. The City is not obligated to pay back bills or utility security deposits. Exceptions may be made in emergency situations pursuant to § 157-15. Disconnection of utility service will not be considered an emergency in all cases. The Administrator will make an individual, factual analysis to determine if the termination of utility service constitutes an emergency. The Administrator will consider the household composition, the time of year, the health of the household members, and other appropriate factors in reaching a decision. Applicants who had sufficient income, money, assets or other resources to pay their utility bill when it was received, but who spent all or part of their income on items which were not basic necessities, will not be eligible to receive general assistance to replace those funds. Applicants have the burden of providing evidence of their income and expenses and use of their income for the applicable time period [22 M.R.S.A. § 4308(2); see § 157-15). The Administrator will notify applicants in writing that they must give the Administrator prompt notice if their electric service is to be terminated or if their fuel supply is low. It is the applicant's responsibility to attempt to make arrangements with the utility company to maintain their service and to notify the Administrator if assistance is needed with a utility bill prior to service being terminated.

The maximum amounts allowed for electrical services, including lights, cooking and other electric uses, excluding heat, are:

Households without electric hot water.

Electricity
No. in Household	Weekly	Monthly
1	$14.00	$60.00
2	$15.70	$67.50
3	$17.45	$75.00
4	$19.70	$86.00
5	$23.10	$99.00
6	$25.00	$107.00

Households with electrically heated hot water.

Electricity
No. in Household	Weekly	Monthly
1	$19.10	$86
2	$23.75	$102
3	$27.70	$119
4	$32.25	$139
5	$37.30	$160
6	$41.00	$176

NOTE: For electrically heated households, the maximum amount allowed for electrical utilities per month shall be the sum of the appropriate maximum amount under this subsection and the appropriate maximum for heating fuel as provided below.

In accordance with the following conditions, the Administrator may allow as a budgetable expense the amount of an applicant's summer-loaded special payment arrangement (SPA) or budget payment arrangement (BPA), as calculated by the electric utility and entered into by the applicant, even when the arranged payment amount exceeds the above maximums or actual usage:

The SPA or BPA, when annualized, does not exceed the above monthly maximums, when annualized, for non-electrically heated dwelling units.

The SPA or BPA, when annualized, does not exceed the above monthly maximums and the fuel assistance maximums, when annualized, for electrically heated dwelling units.

The Administrator determines, in consultation with the utility, that the payment arrangement does not include in any part the installment payment of past debt unless the City guaranteed to the utility the allowance of such an arrangement as a condition of averting a disconnection.

Pursuant to the use-of-income requirements in § 157-30 of this chapter, whenever the Administrator budgets for SPAs or BPAs under this section, the recipient will be required to pay the SPA or BPA himself/herself to the extent of the income capacity of the household.

Nonelectric utilities. The allowed amount for water and sewer utility service will be budgeted at the actual thirty-day cost for those services. Gas utilities will be budgeted at the actual thirty-day cost up to maximum levels contained in the appropriate schedule of HUD § 8, Existing Housing Allowances for Tenant-Furnished Utilities and Other Services. Appropriate schedules are those which were original components of the HUD fair market housing values used in deriving housing maximums for this chapter.

(4)

Fuel. Expenses for home heating will be budgeted according to the actual need for fuel during the heating season (September through May), provided such expenses are reasonable, and at other times during the year when the Administrator determines the request for fuel assistance is reasonable and appropriate.

Assistance will be granted to eligible applicants on the basis of their most recent bill. The City is not responsible for back bills except in an emergency as provided in § 157-15. Applicants are responsible for monitoring their fuel supply and requesting assistance prior to depleting their fuel supply. When applicants who have been informed of this responsibility run out of fuel nonetheless, and can show no just cause for failing to give the Administrator timely notice of their need for fuel, the Administrator shall find that the emergency was not beyond the applicants' control, and process the emergency request accordingly, pursuant to § 157-15 of this chapter.

When considering requests for fuel, eligible applicants will be granted assistance with the actual amount necessary up to the following maximums:

Fuel
Month	Gallons	Month	Gallons
September	50	January	225
October	100	February	225
November	200	March	125
December	200	April	125
		May	50

When the dwelling unit is heated electrically, the maximum amount allowed for heating purposes will be calculated by multiplying the number of gallons of fuel allowed for that month by the current price per gallon.

When fuels such as wood, coal and/or natural gas are used to heat, they will be budgeted at actual rates, if they are reasonable. No eligible applicant shall be considered to need more than seven tons of coal per year, eight cords of wood per year or 126,000 cubic feet of natural gas per year or 1,000 gallons of propane.

(5)

Personal care and household supplies.

Expenses for ordinary personal and household supplies will be budgeted and allowed according to the applicant's actual need for these items, up to the maximums below. Personal and household supplies include: hand soap, toothpaste, shampoo, shaving cream, deodorant, dish detergent, laundry supplies, household cleaning supplies, razors, paper products such as toilet paper, tissues, paper towels, garbage/trash bags, and light bulbs.

Personal Care and Household Supplies
No. in Household	Weekly Amount	Monthly Amount
1-2	$10.50	$45
3-4	$11.60	$50
5-6	$12.80	$55
7-8	$14.00	$60
Each additional person	$1.25	+$5

When an applicant can verify expenditures for the following items, a special supplement will be budgeted as necessary for households with children under five years of age for items such as cloth or disposable diapers, laundry powder, oil, shampoo, and ointment up to the following amounts:

No. of Children	Weekly Amount	Monthly Amount
1	$12.80	$55
2	$17.40	$75
3	$23.30	$100
4	$27.90	$120

(6)

Other basic necessities. Expenses falling under this subsection will be granted when they are deemed essential to an applicant's or recipient's health and safety by the General Assistance Administrator and, in some cases, upon verification by a physician. Assistance will be granted only when these necessities cannot be obtained through the utilization of available resources.

Clothing. The City may assist a household with the purchase of adequate clothing. Before assistance will be granted for clothing, the General Assistance Administrator must be satisfied that the applicant has utilized all available resources to secure the necessary clothing. In some circumstances, clothing will be a postponable item. Exceptions to this would be, for example, if fire or unusual cold weather makes extra clothing an immediate necessity, special clothing is necessary for the applicant's employment, or a household member is without adequate clothing.

Medical. The municipality will pay for essential medical expenses, other than hospital bills (see below), provided that the municipality is notified and approves the expenses and services prior to their being made or delivered. Medical expenses include prescriptions, devices, treatments or services that are determined to be medically necessary by a licensed physician. The municipality will grant assistance for medical services only when assistance cannot be obtained from any other source and the applicant would not be able to receive necessary medical care without the municipality's assistance. The applicant is required to utilize any resource, including any federal or state program, that will diminish his/her need to seek general assistance for medical expenses. The municipality will grant assistance for nonemergency medical services only if a physician verifies that the services are essential. Provided there is no cost to the applicant, the Administrator may require a second medical opinion from a physician designated by the municipality to verify the necessity of the services.

Generally, the municipality will issue general assistance at the established Medicaid rates for all medical services, prescriptions, or other medical commodities. Before authorizing general assistance for any medical expenses, the Administrator will inform the pharmacy or medical service provider of the municipality's intention to pay for the medical service at the Medicaid rate and ask to be billed accordingly.

When deemed appropriate, the applicant will be required to seek to enter into an extended payment arrangement with the physician or other service deliverers based on Medicaid rates. The payment amount agreed upon must be for current necessary service and must be an amount that the applicant could reasonably be expected to afford if employed or receiving income. If a reasonable payment agreement is reached, the Administrator will include the monthly payment amount as an allowable expense in each month's budget computation thenceforth.

The applicant will be required to cooperate with the advice of the physicians whose services are being provided as regards to necessary patient participation, involvement and self-help. If medications or rehabilitation measures are necessary, the applicant will be expected to utilize them as directed and to cooperate in all ways so that the treatment will be beneficial and effective. The Administrator will require timely medical verification reports when treatment and medications are ongoing over a long period for other than chronic non-responding or terminal illnesses.

Ordinary medical supplies and nonprescription drugs will be budgeted at the actual amount not to exceed $10 a month. Allowable supplies include bandages, aspirin, cough syrup, and other generic brand, nonprescription medicines. In addition, the basic monthly rate for telephone service will be budgeted when a telephone is essential to the health and safety of the household. In order for telephone service to be considered an allowable expense, the applicant must provide a written statement from a physician certifying that the telephone is essential. The statement is to be updated no less than every six months.

Hospital bills. In the event of an emergency admission to the hospital, the hospital must notify the Administrator within five business days of the admission. Notification must be by telephone, confirmed by certified mail, or by certified mail only. If a hospital fails to give timely notice to the Administrator, the City will have no obligation to pay the bill. The fact of notification establishes only that emergency services had to be provided to the patient before an application could be made for City assistance by the patient. The patient must still apply to the City at a later date for an eligibility determination as stated below.

Any person who cannot pay his/her hospital bill must apply to the hospital for consideration under the hospital's charity care program as provided in 22 M.R.S.A. § 396-F(1).[1] Anyone who is not eligible for the hospital's charity care program may apply for general assistance. Applicants must apply for assistance within 30 days of being discharged from the hospital and provide a notice from the hospital certifying that they are not eligible for the hospital's charity care program.

Editor's Note: 22 M.R.S.A. § 396-F was repealed by L. 1995, C. 653, § B-4, effective 1-1-1997.

Before the Administrator will consider whether to allow a hospital bill as a necessary expense, the applicant must enter into a reasonable payment arrangement with the hospital. The payment arrangement will be based upon the Medicaid rate. In determining an applicant's eligibility, the City will budget the monthly payment to the hospital the applicant has agreed to pay. The applicant's need for assistance with a hospital bill will be considered each time he/she applies by including the amount of the monthly payment in the applicant's monthly budget, but the recipient will be responsible for making any necessary payments to the hospital pursuant to the use-of-income requirements found at § 157-30 of this chapter.

Dental.

The City will pay for medically necessary dental services only. Full mouth extractions may be necessary at times. The applicant will be referred to a dental clinic in the area whenever possible. The Administrator will expect the applicant to bear a reasonable part of the cost for dental services, including extractions, taking into account the applicant's ability to pay. He/She will be expected to make a reasonable payment arrangement for preplanned dental services. The monthly payment on current bills is acceptable in the budget each month for essential services only.

As is the case with medical services generally, any general assistance the municipality issues for dental services will be at the established Medicaid rates for those services; and before authorizing the general assistance benefit for dental services, the Administrator will inform the dentist or dental surgeon of the municipality's intention to pay at the Medicaid rate.

Eye care. In order to be eligible to receive general assistance for eyeglasses, an applicant must have his/her medical need certified by a person licensed to practice optometry. The General Assistance Administrator will provide assistance for eyeglasses to eligible persons only after the applicant has exhausted all other available resources. If a payment agreement can be worked out, the monthly payment (on current bill) will be acceptable in the budget for basic costs as approved in advance.

(f)

Work-related expenses. In determining need, reasonable and actual work-related expenses will be deducted from earned income. These expenses include transportation at the actual costs not to exceed $0.28 per mile, child-care costs, work clothes and supplies. The applicant is required to provide documentation substantiating the costs and that the expenses were necessary. Public transportation or carpooling should be used when available. If within walking distance, transportation costs should not be necessary.

(g)

Travel expenses. In determining need, reasonable and necessary travel which is not work-related will be budgeted if the applicant can satisfy the Administrator that the prospective need for travel is necessary and not obtainable by public transportation, car pooling, relatives, low-cost or free services or within walking distance. For applicants in rural areas, limited trips on a weekly basis to a supermarket may be considered, as will any medically necessary travel. The rate at which such necessary travel will be budgeted is at actual cost not to exceed $0.28 per mile, and this rate shall be construed to subsidize all costs associated with automobile ownership and operation, including gas/oil, tires, maintenance, insurance, financing, licensing/registration, excise tax, etc.

(h)

Burial, cremations. Under the circumstances and in accordance with the procedures and limitations described below, the municipality recognizes its responsibility to pay for the burial or cremation of eligible persons.

Funeral director must give timely notice. In order for the municipality to be liable for a burial or cremation expense, the funeral director must notify the Administrator prior to the burial or cremation or by the end of the next business day following the funeral director's receipt of the body, whichever is earlier [22 M.R.S.A. § 4313(2)]. This contact by the funeral director shall begin the process of developing an application for burial/cremation assistance on behalf of the deceased. It is the funeral director's responsibility to make a good-faith effort to determine if the family or any other persons are going to pay all or part of the burial expenses. If family members or others are unable to pay the expenses, and the funeral director wants the municipality to pay all or part of the expenses, the funeral director must make timely contact with the Administrator. In addition, the funeral director may refer legally liable relatives to the Administrator so that a timely determination of financial capacity may be accomplished. Application for assistance shall be created on behalf of the deceased. For the purposes of determining residency, calculating eligibility and issuing general assistance for burial or cremation purposes, an application for assistance shall be created by the Administrator on behalf of the deceased.

If the Administrator finds in preparing the application that there appears to be significant value in cash, liquid assets, tangible assets, personal property, real property, etc. owned by, in the possession of, or available within the estate of the deceased person and there are no liable relatives or other persons responsible on behalf of the deceased, the Public Administrator shall be contacted to probate the estate and the burial expense will be submitted as a claim against the estate.

With regard to residency, the municipality of responsibility for burial expenses shall be the municipality in which the eligible deceased person was a resident at the time of death as residency is determined under § 157-16 of this chapter.

[c]

Although legally liable relatives may be asked to provide information regarding their income, assets, and basic living expenses, that information will not be construed as an application for general assistance inasmuch as living persons are not eligible for burial assistance. To clarify this point of law, although legally liable relatives have a financial responsibility, it only exists to the extent the legally liable relatives have a financial capacity to do so. Therefore, legally liable relatives who are eligible for general assistance, by virtue of their eligibility, have no legal obligations to pay for the burial or cremation of their relatives. For these reasons, all general assistance issued for burial or cremation purposes shall be issued on behalf of, and in the name of, the deceased.

Financial responsibility of certain family members. Grandparents, parents, siblings, children and grandchildren of the deceased, who live in Maine or own property in Maine, are financially responsible for the burial or cremation of the deceased to the extent those relatives, individually or as a group, have a financial capacity to pay for the burial or cremation either in lump sum or by means of a budgeted payment arrangement with the funeral home. Accordingly, at the request of the Administrator, all legally liable relatives must provide the Administrator with any reasonably requested information regarding their income, assets and basic living expenses.

Consideration of the financial responsibility of family members. Generally, when the Administrator can make a finding that one or more of the deceased's legally liable relatives have an obvious and demonstrable financial capacity to pay for the burial or cremation, by lump-sum payment or by means of a reasonable payment arrangement, the municipality will not grant the requested burial or cremation assistance. When the Administrator is unable to make such a finding, the following proration of familial responsibility will be implemented.

Proration of familial responsibility. A proration of familial financial responsibility will be used when no legally liable relative possesses an obvious and demonstrable capacity to pay for the burial or cremation, but one or more of the financially liable relatives is found to have a financial capacity to make a partial financial contribution, or the Administrator is unable to determine the financial capacity of one or more of said relatives. Under these circumstances, each legally liable relative is considered to be responsible for his/her pro-rata share of the total municipal contribution that would exist if no legally liable relatives had a financial capacity to contribute. Furthermore, and as long as all other eligibility factors have been satisfied, the municipality will provide as a burial or cremation benefit the aggregate of all pro-rata shares less the share of any legally liable relative who refuses to cooperate with the Administrator by providing information or documentation reasonably necessary to determine that relative's financial capacity, and less any share or part of a share attributable to a legally liable relative who can financially contribute or partially contribute toward the burial or cremation to the extent of that relative's share.

[5]

Ten days to determine eligibility. The Administrator may take up to 10 days from the date of contact by the funeral director to issue a written decision regarding the amount of the municipal contribution toward the burial or cremation. The ten-day eligibility determination period from the date of contact by the funeral director shall be used as necessary to make third-party collateral contacts, verify the listing of legally liable family members and determine their respective financial capacities to contribute to the burial or cremation, contact the personal representative of the deceased's estate, if any, and other related administrative tasks. The Administrator shall not use this ten-day period allowed by law to unreasonably delay the municipality's decision.

[6]

Municipal obligation to pay when legally liable relatives or others can contribute. The figures provided in this subsection are the maximum benefits provided by the municipality when no contributions toward the burial or cremation are available from any other source. To the extent any legally liable relatives of the deceased have a financial capacity to pay for the burial or cremation, that financial capacity shall be deducted from the maximum burial costs allowed by this section. In addition, any other benefits or resources that are available, such as social security burial benefits, veterans' burial benefits, or contributions from other persons, will be deducted from the maximum amount the municipality will pay, except there will be no deduction from the municipal benefit level with respect to any contribution provided for the purpose of publishing an obituary notice up to an aggregate contribution limit for this purpose of $75 when a paid receipt demonstrating the purchase of an obituary notice is provided to the Administrator.

[7]

Burial expenses.

The Administrator will respect the wishes of family members with regard to whether the deceased is interred by means of burial or cremated. If relatives, other persons, or other sources cannot cover the burial expenses of an indigent person, the maximum amount of general assistance granted for the purpose of burial is $1,800. There will be no additional money for opening and closing of the grave, mandatory vault, cement liner, lot or marker.

The municipality's obligation to provide funds for burial purposes is limited to a reasonable calculation of the funeral director's direct costs, not to exceed the maximum amounts of assistance described in this subsection. Allowable burial expenses are limited to: removal of the body from a local residence or institution; a secured death certificate or obituary; embalming; a minimum casket; a reasonable cost for necessary transportation; and other reasonable and necessary specified direct costs, as itemized by the funeral director and approved by the Administrator.

[8]

Cremation expenses. In the absence of any objection by any family members of the deceased, or when neither the Administrator nor the funeral director can locate any family members, the Administrator will issue general assistance for cremation services. The maximum amount of assistance granted for a cremation shall be $975. There will be no additional payments for a lot, a burial urn, or transportation costs.

(i)

Capital improvements.

The costs associated with capital improvements/repairs (e.g., heating/water/septic system repair) will generally not be budgeted as a basic necessity. Exceptions can be made only when the capital improvement/repair has been preapproved by the Administrator as a necessary expense and the monthly cost of the capital improvement/repair has been reduced as far as reasonably possible; for example, by means of the applicant entering into an installment payment arrangement with the contractor. The Administrator may grant general assistance for capital improvements when:

The failure to do so would place the applicant(s) in emergency circumstances;

There are no other resources available to effect the capital repair; and

[c]

There is no more cost-effective alternative available to the applicant or City to alleviate an emergency situation.

In some cases, the entire immediate cost of the capital improvement can be mitigated by the applicant entering into an installment payment arrangement with a contractor. The City reserves the right to place a lien on any property pursuant to 22 M.R.S.A. § 4320 when general assistance has been used to effect a capital improvement. The lien process shall be accomplished in the same manner as for mortgage payments as described in § 157-32, Subsection C(2)(d).

§ 157-33 Notice of decision.

Written decision. The Administrator will give a written decision to each applicant after making a determination of eligibility each time a person applies. The decision will be given to the applicant within 24 hours of receiving an application [22 M.R.S.A. §§ 4305(30, 4321; see § 157-12]. In order to ensure that applicants understand their rights, the decision must also inform the applicant of his/her right to a fair hearing and of the review process.

Contents. After an application has been completed, applicants will be given written notice of any decision concerning their eligibility for assistance.

In addition to the contents of a written decision listed in § 157-12 of this chapter, the notice will state that applicants:

Have the right to a fair hearing and the method by which they may obtain a fair hearing.

Have the right to contact the Department of Health and Human Services if they believe the City has violated the law. The decision will state the method for notifying the Department.