Except when it is impractical, the Administrator will interview
each applicant in person before making a decision. Interviews will
be conducted in private, although the applicant may be accompanied
by a legal representative, friend or family member.
The Administrator will inform all applicants of: 1) their rights
and responsibilities; 2) general program requirements for applying
for and receiving GA, and 3) application requirements, eligibility
guidelines, applicant rights, and applicant reimbursement obligations.
A. Application requirements. The Administrator will help applicants
complete application forms, and inform applicants of any other information
or documents necessary to evaluate the applicant's eligibility. The
Administrator will fully explain the purpose of any forms consenting
to release of the applicant's information and any benefit reimbursement
agreements before the Administrator requests the applicant's signature
or written authorization.
B. Eligibility requirements. The Administrator will inform the applicant,
either orally or in writing, 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 reduction in assistance that results from spending household
income on nonbasic necessities;
(4)
Immigration status (see definition of "eligible person"); and
(5)
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 right to:
(1)
Review this chapter and Maine GA statute and regulations;
(3)
Receive a written decision concerning eligibility within 24
hours after application;
(4)
Confidentiality of the application and other records;
(5)
Contact the DHHS with complaints;
(6)
Challenge the Administrator's decision by requesting a fair
hearing.
D. Reimbursement/recovery.
(1)
The Administrator will inform the applicant/recipient that he/she
must reimburse the municipality the amount of GA benefits he/she has
been granted if he/she subsequently has the ability to pay. The municipality
may also, as appropriate, contact and inform the applicant/recipient's
legal representative of the recipient's obligation to repay the municipality.
(2)
The municipality may also recover the amount of assistance granted to a recipient during the previous 12 months from any relative legally liable for the applicant's support, such as a spouse, or the parents of persons under the age of 25 (See Article
VIII, "Recovery of Expenses") (22 M.R.S.A. §§ 4318 and 4319). Whenever applicable, the Administrator will explain the 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, described in Article
VIII, "Recovery of Expenses."
An application will be considered withdrawn if the applicant
requests, in writing, that the application be withdrawn; or if the
applicant refuses to complete or sign the application or any other
document needed by the Administrator.
Under special circumstances, the Administrator may temporarily
refuse to accept applications. Such circumstances 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; 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,
if the applicant's 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, 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).
The Administrator shall provide GA to all eligible applicants
who are residents of this municipality. A resident is a person who
has no other residence, 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, Subsection
4).
C. Temporary housing. Hotels/motels and similar places of temporary lodging are considered institutions if the municipality grants financial assistance for, makes arrangements for, or advises or encourages an applicant to stay in temporary lodging. [NOTE: A municipality which illegally denies housing assistance will be responsible for the applicant for up to six months if, as a result of the denial, the applicant stays in temporary lodging. The municipality may also be subject to other penalties (22 M.R.S.A. § 4307, Subsection
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 DHHS' Augusta office
(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, Subsection 5, and
4307, Subsection 6).