Unless otherwise apparent or defined, all words in this chapter
will have their common meaning.
As used in this chapter, the following terms shall have the
meanings indicated:
See "General Assistance Administrator" below.
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.
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.
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.
"Basic necessities" do not include:
Phone bills.
Furniture.
Cable or satellite dish television.
Loan repayments**.
Mail orders.
Cigarettes.
Vehicle payments.
Alcohol.
Credit card debt**.
Pet care costs.
Vacation costs.
Legal fees.
Late fees.
Key deposits.
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. § 4301(1)].
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Repayments of loans or credit will be treated as having been
spent on basic necessities when the applicant can provide verification
of this fact.
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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.
All state and federal income maintenance programs.
A person who has requested a fair hearing.
An applicant's deficit is the appropriate overall maximum level of assistance for the household (see § 85-6.8) less the household income (calculated pursuant to § 85-6.7), 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.
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.
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.
§ 4301(2)].
Wages or income-in-kind derived by providing goods or services
to an individual, company, organization, or other entity.
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. ch. 1161), and DHHS regulations (10-144 C.M.R.
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)-(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. § 201(4) (see "pursuing
a lawful process" below).
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. §§ 4301(4), 4308(2), 4310].
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. § 4301(12)].
Benefits provided to a person through the 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. § 4301(5)].
A situation in which a person or household is: (a) living
in a place that is not fit for human habitation; (b) living in an
emergency shelter; (c) living in temporary housing, including but
not limited to a hotel, motel, campground, unlicensed campsite or
rehabilitation facility; (d) exiting a hospital or institution licensed
under 22 M.R.S. 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;
(e) losing the person's or household's primary nighttime
residence and lacking the resources or support networks to remain
in that residence; or (f) fleeing or attempting to flee violence and
has no other residence.
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.
§ 4301(6)]. Residents of a recovery residence are not considered
a shared household.
Any form of earned or unearned income in cash or in kind received
by the household including:
Net remuneration for services performed;
Cash received on either secured or unsecured credit;
Payments received as an annuity, retirement or disability benefits;
Veterans' pensions and/or benefits;
Retirement accounts or benefits;
Workers' compensation payments;
Unemployment benefits;
Federal and/or state tax returns;
Income from pension or trust funds;
Student loans;
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);
Court ordered support payments (e.g., child support);
Household income from any other source, including relatives
or unrelated household members; and
Rental income.
The following items will not be considered as income or assets
that must be liquidated for the purposes of deriving income:
Real or personal income-producing property, tools of trade,
governmental entitlement specifically treated as exempt assets by
state or federal law;
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
childcare expenses; or
Earned income of children below the age of 18 years who are
full-time students and who are not working full-time.
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. § 4301(7)].
Benefits received pursuant to public benefit programs that are
specifically exempt from being counted as income for purposes of GA.
These programs include:
Supplemental Nutrition Assistance Program (SNAP) [7 U.S.C. § 2017(b)].
Li-Heap (42 U.S.C. § 8624).
Family Development Accounts (22 M.R.S. § 3762).
AmeriCorp VISTA program benefits [42 U.S.C. § 5044
(f)].
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. § 4301(7)].
Aspire Support Service Payments (10-144 CMR Chapter 323).
A person who has not previously applied for GA assistance
in this or any other municipality.
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. §§ 4301(8), 4316-A(5)].
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. § 4301 (8-A)].
A material fact is 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.
The amount of financial assistance for a commodity or service as established in § 85-6.8 or the actual cost of any such basic necessity, whichever is less.
For purposes of the GA work requirement (22 M.R.S. § 4316-A),
misconduct shall have the same meaning as "misconduct" in 26 M.R.S.
§ 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.
Misspent income includes income-in-kind received, or paid
for, by a GA repeat applicant from sources, including friends or relatives,
for the payment of bills that are considered unnecessary costs, such
as cable bills, credit card debt, court fines and related court costs,
payments to reimburse a municipality for false representation, tobacco
and alcohol products, and similar items. Misspent income will be considered
as available to the applicant when determining use of income for the
previous thirty-day period.
Any city, town or plantation administering a GA program.
The municipality which is financially liable for the support
of an eligible person at the time of application [22 M.R.S. §§ 4301(9),
4307].
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. §§ 4301(10),
4308].
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. §§ 4301(11),
4311].
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. § 4309(1)].
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, except that applicants that who request
assistance while residing in a recovery residence are not considered
to be commingling funds. 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.
Sources of financial assistance, including programs, services,
nonliquid assets or trusts which typically require people to apply
in writing and/or wait a period of time before eligibility is determined
or the potential income is released.
Taking reasonable, good faith steps to apply for immigration
relief within 12 months of arrival to the United States, with U.S.
Citizenship and Immigration Services or before an immigration judge
or federal court (see DHHS regulation, 10-144 C.M.R. ch. 323, for
additional guidance).
Any land, buildings, homes, mobile homes, and any other things
affixed to the land [22 M.R.S. § 4301(13)].
A person who has applied for and is currently receiving GA.
"Recovery residence" means 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. § 20003(19-D)].
An individual registered as the domestic partner of the applicant
pursuant to 22 M.R.S. § 2710.
An inpatient facility that is operated for the primary purpose
of assisting in the rehabilitation of disabled persons through an
integrated program of medical services and other services that are
provided under competent professional supervision.
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.
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. § 4307).
Resources 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." 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, state or
federal assistance programs, employment benefits, governmental or
private pension programs, 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. § 4317). Potential resources include the TANF
(previously known as AFDC) program, food stamps, fuel assistance (HEAP),
subsidized housing, and similar programs.
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.
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).
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.
Unearned income is income acquired from investments and other
sources unrelated to employment. Unearned income also includes unemployment
compensation, taxable social security benefits, pensions, annuities,
and distributions of unearned income from a trust or any other income
not meeting the definition of earned income.
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 has
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.
An applicant's unmet need is the household's thirty-day need (established by § 85-6.6) less the household income (calculated pursuant to § 85-6.7), provided 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 are obligations the Administrator places
on applicants as directed and/or authorized by 22 M.R.S. § 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: The appendixes are included as attachments to this chapter.
