Except when it is impractical, the general assistance administrator
will interview each applicant personally before making a decision.
The interview will be conducted in private, although the applicant
may be accompanied by a legal representative, friend or family member.
The administrator will make every effort to inform all applicants
of their rights and responsibilities as well as the general program
requirements associated with applying for and receiving general assistance,
including application requirements, eligibility guidelines, applicant
rights, and applicant reimbursement obligations.
A. Application requirements. The administrator will help the applicant
fill out the application form as described in the preceding section.
The administrator will inform the applicant of any other information
or documentation that the applicant will have to provide in order
for the administrator to evaluate the applicant's eligibility for
assistance. The administrator will fully explain the purpose of any
release of information form or reimbursement agreement before seeking
to obtain the applicant's signature or written authorization.
B. Eligibility requirements. The administrator will inform, either verbally
or in writing, the applicant of the eligibility requirements of the
program, including:
(1) The income standard of need;
(2) The applicant's ongoing use-of-income, work-related, and resource-related
responsibilities, as described in the section immediately below;
(3) The financial reduction in assistance that is the consequence of
spending household income on nonbasic necessities; and
(4) The disqualification penalties associated with committing fraud,
failing to perform work-related assignments without just cause, or
failing to make a good faith effort to secure potential resources
when the requirement to attempt to obtain those resources has been
explained to the applicant in writing.
C. Applicant rights. The administrator will inform all applicants of
their rights to:
(1) Review this chapter and Maine general assistance law.
(3) Receive a written decision concerning eligibility within 24 hours
of applying for assistance.
(6) Challenge the administrator's decision by requesting a fair hearing.
D. Reimbursement/recovery. The administrator will inform the applicant
that he/she must reimburse the municipality for the amount of general
assistance he/she has been granted in the event of a subsequent ability
to pay. The municipality may also, as appropriate, contact the client's
legal representative to inform him or her of the client's obligation
to repay the municipality under the GA program. In addition to seeking
repayment from a recipient, the municipality also may recover the
amount of assistance granted to a recipient during the previous 12
months from any relative legally liable for the applicant's support
(spouses and parents of persons under the age of 25, see Article 8,
Recovery of Expenses) (22 M.R.S.A. §§ 4318 and 4319).
Whenever applicable, the administrator will explain the various liens
a municipality may place against a recipient's real or personal property,
such as the mortgage or capital improvement lien, the workers' compensation
lump sum payment lien, or the SSI "interim assistance agreement" lien,
as these liens are described in Article 8, Recovery of Expenses.
An application is considered withdrawn if:
A. The applicant requests in writing that his or her application be
withdrawn; or
B. The applicant refuses to complete or sign the application or any
other form needed by the general assistance administrator.
Under special circumstances, the general assistance administrator
may temporarily refuse to accept applications. Such circumstances
may include, but are not limited to, the following:
A. When the applicant's conduct is abusive, disruptive, or harassing,
or when the applicant is under the influence of drugs or alcohol.
In these situations, the applicant will be asked to leave, and if
the applicant refuses to leave, the police may be summoned. The applicant
will be informed that an application will only be accepted when his
or her conduct is under control.
B. If the administrator believes that an applicant's behavior presents
a threat to the health or safety of the public or to a municipal employee,
or if such behavior is violent, or if an applicant has engaged in
abusive, disruptive or harassing behavior and has been required to
leave on more than one occasion, then the applicant may be required
to designate a third party to apply for assistance on his or her behalf
and the applicant may be prohibited from entering the municipal building.
C. When a third person applies for assistance on behalf of the applicant
that person may be required to provide written verification that he/she
has been duly authorized to act as a representative for the applicant
(22 M.R.S.A. § 4308).
An emergency is considered to be any life-threatening situation
or a situation beyond the control of the applicant which if not alleviated
immediately could reasonably be expected to pose a threat to the health
or safety of the applicant or a member of the household [22 M.R.S.A.
§ 4301(4)]. Although they may be considered otherwise ineligible
to receive general assistance, persons who apply for assistance to
alleviate an emergency may be granted assistance, except as provided
below, if they do not have sufficient income and resources to meet
an actual emergency need and have not had sufficient income and resources
to avert the emergency (22 M.R.S.A. § 4308). A municipality
may provide emergency assistance when the municipality determines
that an emergency is imminent and that failure to provide assistance
may result in undue hardship and unnecessary costs to either the client
or the municipality.
A. Disqualification.
(1) A person who is currently disqualified from receiving general assistance due to a violation of §
55-5.6,
55-5.7,
55-5.8,
55-5.9 or
55-6.4 of this chapter is ineligible to receive emergency assistance [22 M.R.S.A. § 4308(2)(A)]. However, dependents of a disqualified person may be eligible for assistance.
(2) For
the purposes of this section, "dependents" are defined as:
(b) An elderly, ill or disabled person; or
(c) A person whose presence is required to provide care for any child
under the age of six years or any ill or disabled member of the household
[22 M.R.S.A. § 4309(3)].
(3) 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 all household income
will be considered available to them.
B. Assistance prior to verification.
(1) Whenever an applicant informs the administrator that he/she needs
assistance immediately, the administrator will grant, pending verification,
the assistance within 24 hours, provided that:
(a) After interviewing the applicant the administrator has determined
that the applicant will probably be eligible for assistance after
a verification of information is completed; and
(b) The applicant submits documentation, when possible, to verify his
or her need.
(2) The administrator may contact at least one other person to confirm
the applicant's statements about needing emergency assistance. No
further assistance will be authorized until the applicant's eligibility
is confirmed (22 M.R.S.A. § 4310).
C. Telephone applications.
(1) If a person has an emergency need and cannot apply in person due
to illness, disability, lack of transportation, or other good cause,
and if there is no authorized representative who can apply on behalf
of the applicant, the administrator shall accept an application over
the telephone (22 M.R.S.A. § 4304).
(2) The administrator will not grant any assistance as the result of
a telephone application if the applicant refuses to allow the administrator
to verify the information either by visiting his or her home or by
mail and the administrator cannot determine his or her eligibility
through any other means.
D. Limitation on emergency assistance.
(1) Applicants are not automatically eligible for emergency assistance.
If applicants had income which could have been used to prevent all
or part of an emergency but they spent that income on items which
are not basic necessities, they will not be eligible to receive general
assistance to replace the misspent money [22 M.R.S.A. §§ 4308(2)
and 4315-A].
(2) All applicants have the responsibility to provide the administrator
with verifiable documentation demonstrating that the applicant did
not have sufficient income to avert the emergency situation. According
to the following criteria, the administrator may limit emergency assistance
to cover only the difference between the amount of money necessary
for the household to avoid the emergency and the amount of income
available to the household during the applicable time period:
(a)
The applicable time period shall be the 30 days preceding the
application for emergency assistance, except in those cases where
the emergency was created by a negative account balance for a commodity
or service (such as rent, mortgage or utility payments) and the negative
account balance was created over a longer period of time. In such
cases, the applicable time period shall be the consecutive length
of time the account balance has been in the negative.
(b)
The administrator shall seek from the applicant all information
pertinent to the applicant's ability to provide for his or her basic
necessities for the applicable time period, including evidence of
all income and resources received over that period of time.
(c)
The administrator shall calculate all costs for the household's
basic necessities during the applicable time period, per month, in
accordance with the maximum levels established by this chapter for
the specific basic necessity or the actual monthly cost, whichever
is less, including all costs associated with averting the particular
emergency situation for which the applicant is seeking assistance.
(d)
From the total household costs for basic necessities during
the applicable time period, the administrator shall subtract the total
income and lump sum payments available to the household for the applicable
time period as well as the total general assistance actually received
during the applicable time period.
(e)
The administrator may restrict the issuance of emergency assistance to the difference yielded by the computation in Subsection
D(2)(d), even when such a grant will not totally alleviate the emergency situation.
(f)
The administrator may waive this limitation on emergency assistance
in life-threatening situations or for initial applicants, that is,
persons who have never before applied for general assistance.
(g)
Nothing in these criteria may be construed as prohibiting a
municipality from electing to alleviate an emergency situation in
the most cost-effective manner available, provided that such a determination
of eligibility for emergency assistance is in conformance with general
assistance law.
The administrator shall provide general assistance to all eligible
persons applying for assistance who are residents of this municipality.
A resident is a person who has no other residence and is physically
present in this municipality and who intends to remain here and establish
a household. The municipality also recognizes its responsibility to
provide assistance to eligible persons who apply here and who are
not residents of this municipality or any other municipality. If a
person who is not a resident of any municipality applies in this municipality
first, the administrator will determine his or her eligibility and,
if eligible, will grant assistance until he/she establishes a residence
in another municipality (22 M.R.S.A. § 4307).
A. Moving/relocating. The municipality will not consider moving or transporting
an applicant or recipient into another municipality unless the person
requests assistance to relocate to another municipality. If the administrator
determines the applicant is eligible and grants financial assistance
to help with the requested relocation, this municipality will be responsible
for providing assistance to the applicant for 30 days after he/she
moves provided the recipient remains eligible.
B. Institutions. If a resident of this municipality enters an institution
located in another municipality (such as a group home, shelter, rehabilitation
center, nursing home, or hospital) and requests assistance while at
the institution, he/she will be the responsibility of this municipality
for up to six months after he/she enters the institution if the conditions
of 22 M.R.S.A. §§ 4307 and 4313 are met. The municipality
thereafter retains responsibility for an applicant in an institution
only if the applicant has maintained a home in this municipality to
which he/she intends to return. The municipality also recognizes its
responsibility for applicants residing in an institution in this municipality
if such an applicant had no residence prior to entering the institution
[22 M.R.S.A. § 4307(4)].
C. Temporary housing. Hotels/motels and similar places of temporary
lodging are considered institutions (above) if the municipality grants
financial assistance for, makes arrangements for, or advises or encourages
an applicant to stay in temporary lodging. Note: Municipalities which
illegally deny housing assistance and, as a result of the denial,
the applicant stays in temporary lodging are responsible for the applicant
for up to six months and may be subject to other penalties [22 M.R.S.A.
§ 4307(4)].
D. Disputes. When the administrator believes that an applicant is a
resident of another municipality but that municipality disputes its
responsibility, the administrator will notify the DHHS in Augusta
(287-3654 or 1-800-442-6003). If the applicant applies in this municipality
first, the administrator will determine his or her eligibility and,
if eligible, will grant assistance until the DHHS has concluded which
municipality is responsible for providing assistance. If another municipality
was responsible, the DHHS will recover the amount due from the other
municipality [22 M.R.S.A. § 4307(5) and (6)].