City of Old Town, ME Determination of Eligibility

The administrator will make an individual, factual determination of eligibility each time a person applies or reapplies for general assistance. The administrator will make a redetermination of eligibility at least monthly but may do so as often as necessary to administer the program efficiently and meet the needs of the applicants. Upon any application, the administrator will determine the applicant's eligibility on the basis of a thirty-day prospective analysis, but may elect to disburse that applicant's assistance periodically, e.g., weekly, throughout a thirty-day period of eligibility pursuant to that initial eligibility determination.

The administrator may redetermine a person's eligibility at any time during the period he/she is receiving assistance if the administrator is notified of any change in the recipient's circumstances which may alter the amount of assistance which the recipient may receive. Once a recipient has been granted assistance, the administrator may not reduce or rescind the grant without giving prior written notice to the recipient explaining the reasons for the decision and allowing the recipient to appeal the decision to the fair hearing authority (22 M.R.S.A. § 4309).

§ 21-58 Verification.

[Ord. of 1-20-1992]

Applicant's responsibility.

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, except that food and household supplies will be budgeted at the actual amount paid up to the maximums allowed in § 21-63 of this chapter. 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. 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).

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 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 who is required but 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, 4314.6, 4315).

§ 21-59 Fraud.

[Ord. of 1-20-1992]

False representation.

It is unlawful for a person to make knowingly and willfully a false representation of a material fact to the administrator in order 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 consist of 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 or herself eligible for general assistance, the administrator shall notify that applicant in writing that he or she has been disqualified from receiving assistance for up to 90 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. Unless modified by the fair hearing authority, 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 Division 7 of this article. 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 80-B (22 M.R.S.A. § 4315).

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.

§ 21-60 Period of eligibility.

[Ord. of 1-20-1992]

The administrator will grant assistance to all eligible persons for a period that is sufficient to meet their 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, however, the administrator may elect to disburse that applicant's assistance for shorter periods of time, such as weekly, throughout the thirty-day 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.

§ 21-61 Determination of need.

[Ord. of 1-20-1992]

Generally.

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 § 21-63, whichever is less. Applicants will not be considered eligible if their income and other resources exceed this calculation except in an emergency (see § 21-34, 22 M.R.S.A. § 4308.2).

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 § 21-63 (22 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 § 21-63 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 requirements.

Except for initial applicants, anyone applying for general assistance must document their use of income to the administrator. This documentation can take the form of check stubs and/or receipts which demonstrate that the applicant has used his/her income for basic necessities.

Allowable expenditures include reasonable shelter costs (rent/mortgage); the cost of heating fuel, electricity and food up to the ordinance maximums; telephone costs at the base rate if the household needs a telephone for medical reasons, the costs of nonelective medical services as recommended by a physician which are not otherwise covered by medical entitlement or insurance; 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 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.

The City reserves the right to apply specific use-of-income requirements to any applicant, other than an initial applicant, who fails to use his/her income for basic necessities or fails to reasonably document his/her use of income (22 M.R.S.A. § 4315-A). Those additional requirements will be applied in the following manner:

The administrator may require the applicant to use some or all of his/her income, at the time it becomes available toward specific basic necessities. The administrator may prioritize such required expenditures so that most or all of the applicant's income is applied to housing (i.e., rent/mortgage), energy (i.e., heating fuel, electricity), or other specified basic necessities.

The administrator will notify applicants in writing of the specific use-of-income requirements placed on them.

If upon subsequent application it cannot be determined how the applicant's income was spent, or it is determined that some or all of applicant's income was not spent as directed and was also not spent on basic necessities, the applicant will not be eligible to receive either regular or emergency general assistance to replace that income.

If the applicant does not spend his/her income as directed, but can show with verifiable documentation that all income was spent on basic necessities up to allowed amounts, the applicant will remain eligible to the extent of the applicant's eligibility and need.

Computation of income and expenses.

In determining need the administrator will subtract the applicant's net income from the overall maximum level of assistance, the applicant will not be eligible except in an emergency (see § 21-34).

The City will provide assistance in an amount up to the deficit to the extent the applicant is in need of basic necessities. The City will not grant assistance in excess of the maximum amounts allowed in § 21-63 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 or her income or resources in violation of the use-of-income requirements of this chapter.

§ 21-62 Income.

[Ord. of 1-20-1992; Ord. of 10-4-1993]

Income standards. Applicants whose income exceeds the overall maximum level of assistance provided in § 21-63 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 they apply.

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 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 spent during the previous thirty-day period on items that are not basic necessities. If their income exceeds the amount they need for basic necessities, up to the maximum levels contained in § 21-63, 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 § 21-34). To calculate weekly income and expenses, the administrator will divide the applicant's monthly income and expenses by 4.3.

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 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 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 EPIC) 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 nonheating 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 Human Services' Support Enforcement Location Unit.

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).

Income from unrelated household members, such as roommates, who occupy the same dwelling unit and who contribute their fair share for living expenses such as rent, fuel, and utilities will not be considered income that is available to the applicant unless actually received by the applicant. However, only the applicant's pro rata share of expenses will be considered when determining his/her expenses. (Cyr v. Lewiston, White v. Lewiston, Andro. Sup. Ct. CV #81-47, 81-210).

(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, check stubs, 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 or her pro-rata share of household costs. If the applicant is unable to successfully rebut the municipality'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 City'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 household prior to the date of application for general assistance will 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 will assess the possibility of prorating an applicant's eligibility for general assistance according to the 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.

Divide the sum created by Subsection 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 (Appendix A).

The dividend remaining after following the above guidelines represents the number of months from the receipt of the lump sum payment that the applicant(s) will not be eligible for general assistance, except no proration of eligibility 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.

§ 21-63 Basic necessities; maximum levels of assistance.

[Ord. of 1-20-1992; Ord. of 10-4-1993; Ord. of 1-3-2000; Ord. of 2-5-2001; Ord. of 12-2-2002]

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 themselves or their families. 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 § 21-34 of this article.

[Amended 2-7-2005; 12-5-2005]

No. in Household	Monthly
1	$495
2	$569
3	$706
4	$906
5	$981
Additional persons	Add $75 for each additional person

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. The administrator, in consultation with the applicant, may apply the amount of the applicant's deficit toward assistance with any one or combination of necessities not to exceed the total deficit. These maximum levels will be strictly adhered to; although if the administrator determines that there are exceptional circumstances and an emergency is shown to exist, these 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.

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 by the Maine Department of 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 vouchers to be used solely for approved food products.

The maximum amounts allowed for food are:

[Amended 2-7-2005; 12-5-2005]

No. in Household	Weekly	Monthly
1	$35.35	$152
2	$64.64	$278
3	$92.79	$399
4	$117.67	$506
5	$139.77	$601
6	$167.91	$722
7	$185.58	$798
8	$212.09	$912

For additional members, add $106 per month.

[Amended 2-7-2005; 12-5-2005]

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 appropriate. 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 City will not pay security deposits or back bills except in an emergency as provided in § 21-34.

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) rely on the rental payment for their basic needs. For the purpose of this section, a "relative" is defined as the applicant's parents, grandparents, children, grandchildren, siblings, parent's siblings, or any of those relatives's children [22 M.R.S.A. § 4319(2)].

Rental payments to private homes. When 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 circumstances 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 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. See § 6041(a) of the Internal Revenue Code.

Any landlord wishing to regularly receive rental payments from the City on behalf of applicants renting rooms from the landlord's own residence must, at a minimum, obtain a lodging license from the Department of Human Services, Division of Health Engineering, pursuant to 10-144A Code of Maine Regulations, Chapter 201, as a condition of that landlord receiving future general assistance payments on behalf of his or her tenants.

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:

The marketability of the shelter's equity;

The amount of equity;

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;

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

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;

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

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

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 the payment of the mortgage is not necessary to meet the applicant's immediate shelter needs, the administrator may elect not to make any mortgage payment unless the applicant has been served a notice of foreclosure, although mortgage payments up to the ordinance maximum for housing will be budgeted as an expense.

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 efforts 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.

Liens.

When the City makes mortgage payments, the City may place a lien on the property in order to recover its cost 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 cost of providing general assistance for a mortgage payment, it must file a notice of the lien with the county register 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. Not less than 10 days prior to filing the lien notice in the registry, the municipal officers must send a different 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.

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; and

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.

The maximum levels of housing assistance contained in this ordinance 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 Human Services on or about November 1 of each year, those values are hereby incorporated by reference. If and when the maximum levels of housing contained in this ordinance are derived from a locally developed fair market rental survey, a record of that survey will be submitted to the Department of Human Services, General Assistance Unit, and the maximum levels of housing assistance will be incorporated into this ordinance pursuant to the ordinance adoption and amendment procedures found at 22 M.R.S.A. § 4305.

The maximum amounts allowed for housing are:

[Amended 2-7-2005; 12-5-2005]

	Unheated		Heated
No. of Bedrooms	Weekly	Monthly	Weekly	Monthly
0	$80	$345	$92	$394
1	$80	$345	$88	$379
2	$84	$360	$105	$450
3	$105	$452	$132	$556
4	$128	$552	$160	$690

(f)

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.

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 security deposits. Exceptions may be made in emergency situations pursuant to § 21-34. 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 for the applicable time period (22 M.R.S.A. § 4308.2, see § 21-34). The administrator will notify applicants in writing that they must give the administrator prompt notice if their utility 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.

Electric. An applicant is not automatically entitled to the maximums; established applicants must demonstrate need.

[Amended 2-7-2005; 12-5-2005]

Households without electric hot water. The maximum amounts allowed for utilities, hot water, for lights, cooking and other electric uses, excluding heat, are:

No. in Household	Weekly	Monthly
1	$14.00	$60.00
2	$15.70	$67.50
3	$17.45	$75.00
4	$19.20	$82.50
5	$21.00	$90.00
6	$22.70	$97.50
Note: For each additional person, add $75 per month.

Households with electric hot water. The maximum amounts allowed for utilities, hot water, for lights, cooking and other electric uses, excluding heat, are:

No. in Household	Weekly	Monthly
1	$16.30	$70
2	$18.60	$80
3	$21.00	$90
4	$23.30	$100
5	$25.60	$110
6	$27.90	$120

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

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

NOTE: 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 price per gallon. When fuels such as wood, coal and/or natural gas are used for heating purposes, 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, 126,000 cubic feet of natural gas per year or 1,000 gallons of propane.

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 (SPB) 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 and the fuel assistance 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.

(5)

Pursuant to the use-of-income requirements in § 21-61 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 or herself to the extent of the income capacity of the household.

(g)

Non-electric utilities. The allowed amount for water and sewer utility service will be budgeted at the actual thirty-day cost for those services.

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 § 21-34. 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 applicant's control and process the emergency request accordingly, pursuant to § 21-34 of this chapter.

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

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

When fuel 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.

(h)

Personal care and household supplies.

[Amended 2-7-2005; 12-5-2005]

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 and costs, household cleaning supplies, razors, paper products such as toilet paper, tissues, paper towels, garbage/trash bags, and light bulbs.

No. in Household	Weekly Amount	Monthly Amount
1-2	$8.20	$35
3-4	$9.30	$40
5-6	$10.50	$45
7-8	$11.60	$50

Note: For each additional person, add $1.25 per week or $5 per month.

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	Monthly
1	$10.50	$45
2	$15.10	$65
3	$20.90	$90
4	$25.60	$110

(i)

Other basic necessities. Expenses falling under this section 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 City will pay for essential medical expenses, other than hospital bills (see below), provided that the City is notified and approves the expenses and services prior to their being made or delivered. The City will grant assistance for medical service only when assistance cannot be obtained from any other source and the applicant would not be able to receive necessary medical care without the City'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 City will grant assistance for non-emergency medical services only if a physician verifies that the services are essential. The administrator may require a second medical opinion from a physician designated by the City at the City's expense to verify the necessity of the services.

Ordinary medical supplies/non-prescription drugs will be budgeted at the actual amount when the applicant can demonstrate a need for such items. Allowable supplies include bandages, aspirin, cough syrup, and other generic brand, non-prescription 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 physician certifying that the telephone is essential.

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.

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 Title 22 M.R.S.A. § 396-F(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.

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 bill 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 in § 21-61 of this chapter.

Dental. The City will pay for medically necessary dental services only. If full mouth extractions are necessary, the City will pay for dentures provided the applicant has no other resources to pay for the dentures. 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 and dentures, taking into account the applicant's ability to pay.

(5)

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.

(6)

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.

(7)

Travel expenses. In determining need, 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. For applicants in rural areas, weekly transportation to a supermarket will be considered, as will any medically necessary travel. The rate at which such necessary travel will be budgeted is $0.25 a 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.

(8)

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

Funeral director must give timely notice. In order for the City 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 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 City to pay all or part of the expenses, the funeral director must make timely contact to the municipal 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. 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 § 21-35.

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 to pay for the burial or cremation of their relatives, that financial responsibility 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 obligation 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.

The 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 municipal administrator with any reasonably requested information regarding their income, assets and basic living expenses. If any responsible family members refuse to provide the requested information or refuse to allow the City to investigate their resources, the City will not grant the requested burial or cremation assistance. If the administrator makes a finding that one or more legally liable relatives has a financial capacity to pay for the burial, the City will not grant the requested burial or cremation assistance (22 M.R.S.A. §§ 4309, 4313.2).

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 City contribution toward the burial or cremation.

The City obligation to pay when legally liable relatives or others can contribute. The figures provided in this section are the maximum benefits provided by the City 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 City will pay.

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. The maximum amount of general assistance granted for the purpose of burial is $1,000, with additional payments, where there is an actual cost, for:

The wholesale cost of a cement liner if the cemetery bylaws require one;

ii.

The opening and closing of the grave site;

iii.

A lot in the least expensive section of the cemetery.

If the City is able to provide a cemetery lot in a City-owned cemetery or in a cemetery under City control, the cost of the cemetery lot in any other cemetery will not be paid by the City.

The City's obligation to provide funds for burial purposes is limited to reasonable calculation of the funeral director's direct costs, not to exceed the maximum amounts of assistance described in this section. 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 municipal administrator.

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 $700, with additional payments, where there is an actual cost, for a cremation lot in the least expensive section of the cemetery, a reasonable cost for a burial urn not to exceed $50, and transportation costs borne by the funeral director at a reasonable rate per mile for transporting the remains to and from the cremation facility.

(9)

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 by the applicant entering into an installment payment arrangement with the contractor. The administrator may grant general assistance for capital improvements when: 1) the failure to do so would place the applicant(s) in emergency circumstances; 2) there are no other resources available to effect the capital repair; and 3) 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 Subsection (b) above.

§ 21-64 Notice of decision.

[Ord. of 1-20-1992]

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. § 4305.3; see § 21-31).

In order to ensure that applicants understand their rights, it is the responsibility of the general assistance administrator to explain the applicants' right to a fair hearing and the review process in the written notice of decision.

Contents.

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

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

May be represented by legal counsel at their own expense, or other spokesperson, or they may present their own case;

Have the right to contact the department of human services if they believe the City has violated the law. The decision will state the method for notifying the department.

The written notice shall include the procedures for the conduct of fair hearings, as contained in § 21-74 of this chapter.