A. 
Common meaning of words. Unless otherwise apparent or defined, all words in this chapter will have their common meaning.
B. 
Special definitions. As used in this chapter, the following terms shall have the meanings indicated:
ADMINISTRATOR
See “General Assistance Administrator,” below.
APPLICANT
A person who has submitted an application for GA directly or through an authorized representative, or who has, in an emergency, requested assistance without first completing an application. All persons on whose behalf an authorized application has been submitted or on whose behalf benefits have been granted shall be considered applicants.
APPLICATION FORM
A standardized form used by the Administrator to allow a person to apply for GA benefits. The application form also confirms that a person has made an application. The application form is not complete unless signed by the applicant.
BASIC NECESSITIES
(1) 
Food, clothing, shelter, fuel, electricity, potable water, nonelective essential medical services as prescribed by a physician, nonprescription drugs, basic telephone service where it is necessary for medical or work related reasons, property taxes when a tax lien placed on the property threatens the loss of the applicant's place of residence, and any other commodity or service determined essential by the municipality.
(2) 
"Basic necessities" do not include:
(a) 
Phone bills.
(b) 
Cable or satellite dish television.
(c) 
Mail orders.
(d) 
Vehicle payments.
(e) 
Credit card debt. (NOTE: Repayments of loans or credit will be treated as having been spent on basic necessities when the applicant can provide verification of this fact.)
(f) 
Furniture.
(g) 
Loan repayments. (NOTE: Repayments of loans or credit will be treated as having been spent on basic necessities when the applicant can provide verification of this fact.)
(h) 
Cigarettes.
(i) 
Alcohol.
(j) 
Pet care costs.
(k) 
Vacation costs.
(l) 
Legal fees.
(m) 
Late fees.
(n) 
Key deposits.
(o) 
Security deposits for rental property (except when no other permanent lodging is available unless a security deposit is paid, and a waiver, deferral or installment arrangement cannot be made between landlord and tenant to avoid need for immediate payment of the security deposit in full) [22 M.R.S.A. § 4301(1)].
CASE RECORD
An official file containing application forms; correspondence; narrative records and all other communications pertaining to an applicant or recipient; written decisions regarding eligibility, including reasons for those decisions and types and amounts of assistance provided; records concerning an applicant's request for fair hearing; and fair hearing decisions.
CATEGORICAL ASSISTANCE
All state and federal income maintenance programs.
CLAIMANT
A person who has requested a fair hearing.
DEFICIT
An applicant's deficit is the appropriate overall maximum level of assistance for the household (See § 112-34.) less the household income (calculated pursuant to § 112-33), provided that this calculation yields a positive number. If the household income is greater than the appropriate overall maximum level of assistance, the household has no deficit.
DISABLED PERSON
A person who is presently unable to work or maintain a home due to a physical or mental disability that is verified by a physician or qualified mental health provider.
DWELLING UNIT
A building or part thereof used for separate living quarters for one or more persons living as a single housekeeping unit [22 M.R.S.A. § 4301(2)].
ELIGIBLE PERSON
A person who is qualified to receive GA benefits from the municipality according to the eligibility standards in this chapter, Maine law (22 M.R.S.A. ch. 1161), and DHHS regulations (10-144 CMR ch. 323). If otherwise qualified, "eligible person" includes U.S. citizens; non-U.S. citizens who are lawfully present in the United States as described in 8 U.S.C. § 1621(a)(1) through (3); and non-U.S. citizens who are pursuing a lawful process to apply for immigration relief. Assistance for noncitizens pursuing a lawful process for immigration relief shall not exceed 24 months beginning with assistance provided after July 1, 2015. "Eligible person" does not include a fugitive from justice as defined in 15 M.R.S.A. § 201(4).
EMERGENCY
Any life-threatening situation, or a situation beyond the control of the individual which, if not alleviated immediately, could reasonably be expected to pose a threat to the health or safety of a person. At the municipality's option, it includes a situation which is imminent and which may result in undue hardship or unnecessary cost to the individual or municipality if not resolved immediately [22 M.R.S.A. §§ 4301(4), 4308(2), and 4310].
GENERAL ASSISTANCE ADMINISTRATOR ("ADMINISTRATOR")
A municipal official designated to receive applications, make decisions concerning an applicant's right to receive assistance, and prepare records and communications concerning assistance. He or she may be an elected overseer or an authorized agent, such as a town manager, welfare director, or caseworker [22 M.R.S.A. § 4301(12)].
GENERAL ASSISTANCE ("GA") BENEFITS
Benefits provided to a person through the GA program.
GENERAL ASSISTANCE ("GA") PROGRAM
A service administered by a municipality for the immediate aid of persons who are unable to provide the basic necessities essential to maintain themselves or their families. A GA program provides a specific amount and type of aid for defined needs during a limited period of time and is not intended to be a continuing grant-in-aid or categorical welfare program. This definition shall not lessen the municipality's responsibility to provide GA benefits to a person each time that the person is in need and is found to be eligible to receive GA [22 M.R.S.A. § 4301(5)].
HOMELESSNESS
A situation in which a person or household is:
(1) 
Living in a place that is not fit for human habitation;
(2) 
Living in an emergency shelter;
(3) 
Living in temporary housing, including but not limited to a hotel, motel, campground, unlicensed campsite or rehabilitation facility;
(4) 
Exiting a hospital or institution licensed under 22 M.R.S.A. ch. 405 or a correctional facility where the person or household resided for up to 90 days if the person or household was in an emergency shelter or a place not fit for human habitation before entering the hospital, institution or correctional facility;
(5) 
Losing the person's or household's primary nighttime residence and lacking the resources or support networks to remain in that residence; or
(6) 
Fleeing or attempting to flee violence and has no other residence.
HOUSEHOLD
An individual or a group of individuals who share a dwelling unit. When an applicant shares a dwelling unit with one or more individuals, even when a landlord-tenant relationship may exist between individuals residing in the dwelling unit, eligible applicants may receive assistance for no more than their pro rata share of the actual costs of the shared basic needs of that household according to the maximum levels of assistance established in the municipal ordinance. The pro rata share is calculated by dividing the maximum level of assistance available to the entire household by the total number of household members. The income of household members not legally liable shall be considered as available to the applicant only when there is a pooling of income [22 M.R.S.A. § 4301(6)].
INCOME
(1) 
Any form of income in cash or in kind received by the household including:
(a) 
Net remuneration for services performed;
(b) 
Cash received on either secured or unsecured credit;
(c) 
Payments received as an annuity, retirement or disability benefits;
(d) 
Veterans' pensions and/or benefits;
(e) 
Retirement accounts or benefits;
(f) 
Workers' compensation payments;
(g) 
Unemployment benefits;
(h) 
Federal and/or state tax returns;
(i) 
Income from pension or trust funds;
(j) 
Student loans;
(k) 
Benefits under any state or federal categorical assistance program, such as TANF, Supplemental Security Income, Social Security and any other payments from governmental sources (unless specifically prohibited by any law or regulation);
(l) 
Court ordered support payments (e.g., child support);
(m) 
Household income from any other source, including relatives or unrelated household members; and
(n) 
Rental income.
(2) 
The following items will not be considered as income or assets that must be liquidated for the purposes of deriving income:
(a) 
Real or personal income-producing property, tools of trade, governmental entitlement specifically treated as exempt assets by state or federal law;
(b) 
Actual work-related expenses, whether itemized or by standard deduction, such as taxes, retirement fund contributions, union dues, transportation costs to and from work, special equipment costs and child-care expenses; or
(c) 
Earned income of children below the age of 18 years who are full-time students and who are not working full-time.
(3) 
In determining need, the period of time used as a basis for the calculation shall be a thirty-day period commencing on the date of the application. This prospective calculation shall not disqualify an applicant who has exhausted income to purchase basic necessities, provided that the income does not exceed the income standards established by the municipality [22 M.R.S.A. § 4301(7)].
(4) 
Benefits received pursuant to public benefit programs that are specifically exempt from being counted as income for purposes of GA. These programs include:
(a) 
Food stamps [7 U.S.C. § 2017(b)].
(b) 
Li-Heap (42 U.S.C. § 8624)
(c) 
Family development accounts (22 M.R.S.A. § 3762).
(d) 
Americorp VISTA program benefits [42 U.S.C. § 5044 (f)].
(e) 
Property tax rebates issued under the Maine Property Tax Fairness Credit program, but only if the money is spent on basic necessities [22 M.R.S.A. § 4301(7)].
(f) 
ASPIRE support service payments (10-144 CMR Ch. 323).
INITIAL APPLICANT
A person who has not previously applied for GA assistance in this or any other municipality.
JUST CAUSE
A valid, verifiable reason that hinders an individual from complying with one or more conditions of eligibility or from attending a scheduled fair hearing [22 M.R.S.A. §§ 4301(8) and 4316-A(5)].
LUMP SUM PAYMENT
A one-time or typically nonrecurring sum of money issued to an applicant or recipient. Lump sum payment includes, but is not limited to, retroactive or settlement portions of social security benefits, workers' compensation payments, unemployment benefits, disability income, veterans' benefits, severance pay benefits, or money received from inheritances, lottery winnings, personal injury awards, property damage claims or divorce settlements. A lump sum payment includes only the amount of money available to the applicant after required deductions have been taken from the gross lump sum payment. A lump sum payment does not include conversion of a nonliquid resource to a liquid resource if the liquid resource has been used or is intended to be used to replace the converted resource or for other necessary expenses [22 M.R.S.A. § 4301 (8-A)].
MATERIAL FACT
A fact that necessarily has some bearing on the determination of an applicant's GA eligibility, and which would, if disclosed to the Administrator, have some determinable effect on the calculation of eligibility or the issuance of a grant of assistance.
MAXIMUM LEVELS OF ASSISTANCE
The amount of financial assistance for a commodity or service as established in § 112-34 or the actual cost of any such basic necessity, whichever is less.
MISCONDUCT
For purposes of the GA work requirement ( 22 M.R.S.A. § 4316-A.), shall have the same meaning as "misconduct" in 26 M.R.S.A. § 1043(23). (See Appendix I.)[1]) Generally, misconduct occurs when an employee violates his or her obligations to the employer. Employees who engage in a pattern of irresponsible behavior to the detriment of the employer's interest may also be found guilty of misconduct.
MUNICIPALITY
Any city, town or plantation administering a GA program.
MUNICIPALITY OF RESPONSIBILITY
The municipality which is financially liable for the support of an eligible person at the time of application [22 M.R.S.A. § 4301(9) and 4307].
NEED
The condition whereby a person's income, money, property, credit, assets or other resources available to provide basic necessities for the individual and the individual's family are less than the maximum levels of assistance [22 M.R.S.A. §§ 301(10) and 4308].
NET GENERAL ASSISTANCE COSTS
Those direct costs incurred by a municipality in providing assistance to eligible persons according to standards established by the municipal officers. These do not include the administrative expenses of the GA program [22 M.R.S.A. §§ 4301(11) and 4311].
PERIOD OF ELIGIBILITY
The time for which a person has been granted assistance. The period of eligibility may vary depending on the type of assistance; provided, however, in no event shall this period extend beyond one month [22 M.R.S.A. § 4309(1)].
POOLING OF INCOME
The financial relationship among household members who are not legally liable for mutual support in which there occurs any commingling of funds or sharing of income or expenses. This chapter establishes a rebuttable presumption that persons sharing the same dwelling unit are pooling their income. Applicants who request that the determination of eligibility be calculated as though one or more household members are not pooling their income have the burden of rebutting the presumed pooling of income.
REAL ESTATE
Any land, buildings, homes, mobile homes and any other things affixed to the land [22 M.R.S.A. § 4301(13)].
RECIPIENT
A person who has applied for and is currently receiving GA.
RECOVERY RESIDENCE
A shared living residence for persons recovering from substance use disorder that is focused on peer support, provides to its residents an environment free of alcohol and illegal drugs and assists its residents by connecting the residents to support services or resources in the community that are available to persons recovering from substance use disorder [5 M.R.S.A. § 20003(19-D)].
REGISTERED DOMESTIC PARTNER
An individual registered as the domestic partner of the applicant pursuant to 22 M.R.S.A. § 2710.
REPEAT APPLICANTS
All applicants for GA benefits that are not initial applicants are repeat applicants. For purposes of this chapter, "repeat" and "subsequent" shall have the same meaning.
RESIDENT
A person who is physically present in a municipality with the intention of remaining in that municipality in order to maintain or establish a home and who has no other residence. A person who applies for assistance in a municipality who is not a resident of that municipality or any other municipality is the responsibility of the municipality where the person first applies. That municipality must take an application and grant assistance to the applicant if he/she is eligible, until he/she establishes a new residence in another municipality (22 M.R.S.A. § 4307).
RESOURCES
(1) 
Include any program, service, or other sources of support which are an alternative to or supplement for GA. There are two kinds of resources: "available" and "potential."
(a) 
Potential resources are programs, services, nonliquid assets, or trusts that typically require people to apply in writing and/or wait a period of time before eligibility is determined or the potential income is released. Potential resources include but are not limited to any state or federal assistance program, employment benefits, governmental or private pension program, available trust funds, support from legally liable relatives, child support payments, and jointly held resources where the applicant or recipient share may be available to the individual (22 M.R.S.A. § 4317). Potential resources include the TANF (previously known as AFDC) program, food stamps, fuel assistance (HEAP), subsidized housing, and similar programs.
(b) 
Available resources include resources which are immediately available to the applicant or which can be conveniently secured by the applicant without delay, such as cash on hand or in bank accounts, assets for which there is an immediate and available market, or support from relatives which is being made available at the time of application and for which the applicant does not have to take any unreasonable steps to secure (e.g., relocation beyond the immediate region). At the discretion of the Administrator, a minimum balance required by a financial institution in order to obtain free checking or in order to maintain the account shall not be considered an available resource.
(2) 
The Administrator reserves the right to inform GA clients of services, commodities or facilities made available by private organizations or charities; however, eligibility for GA benefits shall not be based or conditioned on the use of a private charitable resource(s).
THIRTY-DAY NEED
An applicant's thirty-day need is the sum of the household's prospective thirty-day costs, from the date of application, for the various basic necessities. For the purpose of this calculation, the thirty-day cost for any basic need shall be the household's actual thirty-day cost for the basic necessity or the maximum thirty-day cost for the basic necessity as established by this chapter, whichever is less.
UNFORESEEN REPEAT APPLICANTS
A repeat applicant who has not applied for assistance within the last 12 months and who has been regularly employed or receiving support from a public benefit program or private source and who have unexpectedly become unemployed through no fault of their own or whose benefits (e.g., through an available resource) have ceased through no fault of their own.
UNMET NEED
An applicant's unmet need is the household's thirty-day need (established by § 112-32) less the household income (calculated pursuant to § 112-33), provided that such a calculation yields a positive number. If the household income is greater than the household's thirty-day need, the household does not have an unmet need.
WORK REQUIREMENTS
Obligations the Administrator places on applicants as directed and/or authorized by 22 M.R.S.A. § 4316-A to the extent such obligations 1) ensure a continuing potential eligibility for GA when complied with, 2) result in ineligibility when violated, and 3) are not merely optional, discretionary, or advisory. Work requirements include registering for work, looking for work in good faith, accepting all suitable job offers, maintaining employment, performing workfare, and participating in training, educational, or rehabilitation programs that will assist the participant in securing employment.
[1]
Editor's Note: Appendix I is included as an attachment to this chapter.