Any determination or investigation into an applicant's
eligibility will be conducted in a manner that will not violate the
applicant's privacy or personal dignity or violate his or her
individual rights.
The Administrator will make an individual, factual determination
of eligibility each time a person applies or reapplies for GA. 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 or she is receiving assistance if the
Administrator is notified of any change in the recipient's circumstances
that may alter the amount of assistance 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 offering
the recipient an opportunity to appeal the decision to the fair hearing
authority (22 M.R.S. § 4309).
Eligibility of applicant; duration of eligibility. The overseer shall
determine eligibility each time a person applies or reapplies for
GA. The period of eligibility will not exceed one month. At the expiration
of this period, applicants/recipients may reapply for assistance and
the person's eligibility will be redetermined.
Applicant's responsibilities. Applicants and recipients for
GA are responsible for providing to the Administrator all information
necessary to determine eligibility. If further information or documentation
is necessary to demonstrate eligibility, the applicant must have the
first opportunity to provide the specific information or documentation
required by the Administrator. When such information is unavailable,
the Administrator must accept alternative available information, which
is subject to verification.
Each applicant and recipient has the responsibility at the time of
application and continuing thereafter, to provide complete, accurate,
current information and documentation concerning his/her:
Initial applicants. Persons who have not applied for assistance in
this or any other municipality are considered initial applicants and
must have their eligibility determined solely on the basis of need.
Initial applicants are not subject to eligibility conditions placed
on repeat applicants (see below). However, such applicants must still
provide the GA Administrator with reasonably obtainable documentation
adequate to verify that there is a need for assistance. In addition,
initial applicants must also comply with both lump sum and relevant
work rules (i.e., quit job).
Repeat applicants. All applicants for GA who are not initial applicants
are repeat applicants. The eligibility of repeat applicants must be
determined on the basis of need and all other conditions of eligibility
established by law and this chapter.
The Administrator will require documentation of a repeat 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. In addition, repeat applicants instructed
to seek employment shall verify their work search results, (e.g.,
provide a list of the employers contacted, the date and time of the
application contact, and the name of the employer representative contacted)
as required by the Administrator.
Repeat applicants must provide updates to information reported on
previous applications, including changes in his/her household or income
that may affect his/her eligibility.
Unforeseen repeat applicants. Unforeseen repeat applicants are applicants
who have not applied for assistance within the last twelve months
and who have been regularly employed or receiving support from a public
benefit or private source but who have unexpectedly become unemployed
through no fault of their own or whose income and/or benefits (e.g.,
through an available resource) have ceased through no fault of their
own. Such unforeseen repeat applicants may be considered initial applicants
for purposes of verification requirements and misspent income if the
Administrator finds that imposing the general verification requirements
and misspent income rules imposed on repeat applicants would be unreasonable
or inappropriate.
In order to determine an applicant's eligibility for GA, the
Administrator first must seek information and documentation from the
applicant. Once the applicant has presented the necessary information,
the Administrator must determine eligibility. The Administrator will
seek verification necessary to determine eligibility and may contact
sources other than the applicant for verification only with the specific
knowledge and consent of the applicant — except that the Administrator
may examine public records without the applicant's knowledge
and consent.
Assistance will be denied or terminated if the applicant is unwilling
to supply necessary information, documentation, or permission to make
collateral contacts, or if the Administrator cannot determine that
eligibility exists based on information supplied by the applicant
or others.
Redetermination of eligibility. The Administrator may redetermine
a person's eligibility at any time during the period that person
is receiving assistance if the Administrator is informed of any change
in the recipient's circumstances that may affect the amount of
assistance to which the recipient is entitled, or that may make the
recipient ineligible, provided that once a determination of eligibility
has been made for a specific time period, a reduction in assistance
for that time period may not be made without prior written notice
to the recipient stating the reasons for the action and an opportunity
for the recipient to receive a fair hearing upon the proposed change.
Penalty for refusing to release information. Any person governed
by 22 M.R.S. § 4314 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 such 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. §§ 4314(5), 4314(6), 4315].
It is unlawful for a person to knowingly and willfully make a false
representation of a material fact to the Administrator in order to
receive GA or cause someone else to receive GA. (22 M.R.S. § 4315).
A person who commits fraud in an effort to receive GA benefits may
be prosecuted for this offense.
Makes a false statement to the Administrator, either orally
or in writing, in order to obtain assistance to which the applicant
or the applicant's household is not entitled;
Period of ineligibility. When the Administrator finds that a person
has knowingly and willfully misrepresented material facts for the
purpose of making himself or herself eligible for GA, the Administrator
shall notify that applicant in writing that he or she must reimburse
the municipality for the assistance he or she was not entitled to
receive and that he/she is ineligible for assistance for the longer
of: (a) a period of 120 days; (b) until he or she reimburses the municipality
for the assistance; or (c) until he or she enters a reasonable written
agreement to reimburse the municipality (22 M.R.S. § 4315).
For the purpose of this section, a material misrepresentation is
a false statement about eligibility factors in the absence of which
some or all of the assistance would not be or would not have been
granted.
The notification of ineligibility issued by the Administrator shall
inform the applicant of his or her right to appeal the Administrator's
decision to the fair hearing authority (FHA) within five working days
of receipt. 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 ineligibility,
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 (FHA) in accordance with Article VII of this chapter. No recipient shall have his or 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 FHA may appeal that decision to the Superior Court pursuant to Rule 80-B of the Maine Rules of Civil Procedure [22 M.R.S. § 4309(3)].
Reimbursement. If a recipient does not appeal the decision or if
the FHA determines that a recipient made a false representation, the
recipient will be required to reimburse the municipality for any assistance
received to which he/she was not entitled. The recipient may enter
a reasonable written agreement to reimburse the municipality over
a period of time.
Dependents. In no event will the ineligibility of a person under
this section serve to disqualify any eligible dependent in that household
[22 M.R.S. § 4309(3)]. In the event one or more members
of a household are disqualified and assistance is requested for the
remaining dependents, the eligibility of those dependents will be
calculated by dividing the maximum level of assistance available to
the entire household by the total number of household members.
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.
§ 4309). Upon receiving a completed and signed application,
the Administrator will determine the applicant's eligibility
on the basis of a thirty-day prospective analysis.
When an applicant submits an incomplete or unsigned application,
due to the twenty-four-hour decision requirement placed on the GA
Administrator, the GA Administrator shall render a notice of "ineligibility"
and advise the applicant that he or she has a right to reapply as
soon as he or she has the necessary information and/or as soon as
is practicable for the applicant.
Although eligibility is determined on a thirty-day basis, for reasons
of administrative efficiency, the Administrator may elect to disburse
an applicant's assistance for shorter periods of time, such as
weekly, throughout the thirty-day period of eligibility. When the
Administrator elects to disburse GA 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.
The period of time used to calculate need will be the next thirty-day period from the date of application [22 M.R.S. § 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 § 85-6.8, whichever is less. The sum of these expenses, as calculated for a prospective thirty-day period, is the applicant's thirty-day need. Applicants will not be considered eligible if their income and other resources exceed this calculation except in an emergency [22 M.R.S. § 4308(2)] (see § 85-4.9).
Applicants will also not be considered in need of GA 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 § 85-6.8 [22 M.R.S. §§ 4301(10), 4305(3-B)]. The difference between the applicant's income 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 shall guide
Administrator's distribution of assistance for which the applicant
is eligible (see Appendices A-H[1]). 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. § 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. § 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. The Administrator may require that anyone applying for GA provide documentation of his or her use of income. This documentation can take the form of cancelled checks and/or receipts which demonstrate that the applicant has exhausted all household income received over the last thirty-day period. Except as is deemed appropriate by the Administrator for "unforeseen" repeat applicants (see § 85-6.3); repeat applicants may be required to verify that expenditure of income was for basic necessities. Income expended that cannot be verified will generally be considered available and in such case will be added to the thirty-day prospective income.
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 cost of nonelective medical services
as recommended by a physician which are not otherwise covered by medical
entitlement, hospital free care 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.
The municipality reserves the right to apply specific use-of-income
requirements to any applicant, other than an initial applicant, who
fails to use his or her income for basic necessities or fails to reasonably
document his or her use of income (22 M.R.S. § 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 or 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;
If upon subsequent application it cannot be determined how the
applicant's income was spent, or it is determined that some or
all of the 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; and
If the applicant does not spend his or 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.
Calculation of income and expenses. When determining eligibility, the Administrator will subtract the applicant's net income from the overall maximum level of assistance found at the beginning of § 85-6.8. If income is greater than the overall maximum level of assistance, the applicant will not be eligible except in an emergency (see § 85-4.9). If income is less than the overall maximum level of assistance, the applicant has a deficit.
The municipality will provide assistance in an amount up to the deficit to the extent the applicant also has an unmet need and is in need of basic necessities. The municipality will not grant assistance in excess of the maximum amounts allowed in § 85-6.8 for specific basic necessities except in an emergency or when the Administrator elects to consolidate the applicant's deficit, 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 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.
Income standards. Applicants whose income exceeds the overall maximum level of assistance provided in § 85-6.8 shall not be eligible for GA except in an emergency. Each time an applicant applies, the Administrator will conduct an individual factual inquiry into the applicant's income and expenses.
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 identify 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 not spent during the previous thirty-day period on basic necessities as well as any income that was spent on basic necessities in unreasonable excess of the ordinance maximums for specific basic necessities. If a household's income exceeds the amount of the household's need for basic necessities, up to the maximum levels contained in § 85-6.8, 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. § 4308) (see § 85-4.9). To calculate weekly income and expenses, the Administrator will use actual income received or actual anticipated income.
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 reasonable and actual
business expenses from gross income. When income consists of wages,
the amount computed will be the income 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 childcare
costs will be deducted from an applicant's income [22 M.R.S.
§ 4301(7)].
Income from other assistance or social services programs. State/federal
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 GA the applicant is eligible to receive. Although applicants
may have only a limited or reduced need for GA for heating fuel or
electricity if a recently received HEAP/ECIP benefit has sufficiently
credited their account or otherwise prevented the fuel-related costs
for 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 or 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 or her utility company. The municipality 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.
Property tax rebates issued under the Maine Property
Tax Fairness Credit program, only so long as the money is spent on
basic necessities [22 M.R.S. § 4301(7)].
Court-ordered support payments. Alimony and child support payments
will be considered income only if actually received by the applicant.
The Administrator will refer cases in which support payments were
not actually received to the Maine DHHS Child Support Enforcement
Unit. In order to be eligible for future GA benefits, applicants referred
to DHHS for support enforcement assistance shall be required to follow-through
with such services. Because child support payments are considered
a resource, applicants must make a good faith effort to secure such
payments.
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.
§ 4301(7)].
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.
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.
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 GA, the Administrator shall make a finding under
a rebuttable presumption that the entire household is pooling income
[22 M.R.S. § 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 during the duration of the shared living arrangement.
Such documentation would include evidence of the entire household's
expenses, bank statements, cancelled checks, 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 municipality's
presumption that all household income is being pooled, the applicant's
eligibility will be determined on the basis of his or her income and
his or her pro-rata share of actual household expenses.
Lump sum income. A lump sum payment received by any GA applicant
or recipient prior or subsequent to the date of application for GA
will be considered as income available to the household. However,
verified 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, will not be considered available income.
Where a household receives a lump sum payment at any time prior
or subsequent to the date of application for GA, the Administrator
will assess the need for prorating an applicant's eligibility
for GA according to the following criteria. [22 M.R.S. § 4301(7),
(8-A)]:
Subtract from the lump sum any amount the applicant
can demonstrate was spent on basic necessities, including all basic
necessities as defined by the GA program such as: 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. Repayments
of loans or credit, the proceeds of which can be verified as having
been spent on basic necessities; and payment of bills earmarked for
the purpose for which the lump sum is paid must also be subtracted
[22 M.R.S. § 4301(7), (8-A)];
Divide the sum created in Subsection C(1)(h)[1][d]
by the verified actual monthly amounts for all of the household's
basic necessities [22 M.R.S. § 4305(3-B)].
This dividend represents the period of proration determined
by the Administrator to commence on the date of receipt of the lump
sum payment. The prorated sum for each month must be considered available
to the household for 12 months from the date of application or during
the period of proration, whichever is less.
The household of an initial applicant that is otherwise eligible
for emergency assistance may not be denied emergency assistance to
meet an immediate need solely on the basis of the proration of a lump
sum payment (22 M.R.S. § 4308).
Overall maximum levels of assistance. Notwithstanding any of the
maximum levels of assistance for specific basic necessities listed
in Appendices B-H[1], an applicant's eligibility for GA will be first
determined by subtracting his or her income from the overall maximum
level of assistance designated in Appendix A for the applicable household
size [22 M.R.S. § 4305(3-B)]. The difference yielded by
this calculation shall be the applicant's deficit.
Applicants will be eligible for GA 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 GA unless they are in an emergency, in which case eligibility for emergency GA will be determined according to § 85-4.9.
Maximum levels of assistance for specific basic necessities. The
municipality 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 unless the Administrator determines that there are exceptional
circumstances and an emergency is shown to exist, in which case these
absolute levels will be waived in order to meet immediate needs. 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.
In roommate situations, the applicant's need for common living
expenses for rent, fuel, electricity, etc., will be presumed to be
reduced by an amount equal to the other household members' proportionate
fair share of the common living expenses. No applicant will be allowed
to claim a need for any expense which has been or will be paid by
another person. In addition, as a general rule the municipality will
not provide a benefit toward a basic need by paying a bill that is
issued to a person not living with the applicant's household
or that has otherwise been incurred by a person who has not been found
eligible to receive assistance.
Temporary exceptions to this general rule may be made by the Administrator
in the following circumstances: (1) a recent, unplanned separation
has occurred in the household resulting in the sustained or permanent
absence of a former household member in whose name the bill was customarily
issued; (2) the applicant and members of the applicant's household
were or will be the sole recipients of the commodities or services
covered by any bill to be paid or partially paid with GA; and (3)
the applicant will make a good faith effort to direct the vendor to
issue future bills in the name of the applicant or other responsible
person residing in the household.
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 municipality hereby incorporates by reference
the U.S.D.A. Thrifty Food Plan, as distributed by the Maine DHHS on
or about October of each year. See Appendix B[2] for the current year's food maximums.
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.
§ 4301.7(A); 7 U.S.C. § 2017(b)]. The municipality
will authorize vouchers to be used solely for approved food products.
The Administrator will exceed the maximums when necessary for
households having members with special dietary needs. The Administrator
may require a doctor's statement verifying there is a special
dietary need requiring an expenditure for food that is greater than
the ordinance maximums.
Housing. The Administrator will provide assistance with rent
or mortgage payments that are reasonable and/or within the allowed
maximum levels. See Ordinance Appendix C for the current year's
housing maximums. 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 the applicant in his or
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.
Rental payments to relatives. The municipality may elect to
not issue 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 relative's
children [22 M.R.S. § 4319(2)].
Rental payments to nonrelatives. When applicants are living
in private homes with the owner or sharing dwelling units with people
who are not pooling income or who are not legally liable relatives,
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. § 4301(6)].
Any housing assistance issued to a recipient in such a circumstance
will be issued, whenever reasonably possible, to the landlord or property
owner with the most superior interest in the property; i.e., to a
landlord before a tenant, or to a mortgagee before a mortgagor.
When the municipality 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 issued during the calendar
year will be forwarded to the Internal Revenue Service (IRS) pursuant
to IRS regulation [see § 6041(a) of Internal Revenue Code].
Any landlord wishing to regularly receive rental payments from
the municipality on behalf of applicants renting rooms from the landlord's
own residence must, at a minimum, make a good faith effort to obtain
a lodging license from the DHHS Division of Health Engineering, pursuant
to 10-144A CMR, Chapter 201, as a condition of that landlord receiving
future GA payments on behalf of his or her tenants.
In the case of a request for assistance with a
mortgage payment, the 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 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;
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;
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 municipality would otherwise
be required to provide.
The Administrator shall consider issuing a benefit
in response to the applicant's request for mortgage assistance
to the extent the applicant is otherwise eligible for GA if after
review of the criteria above, the Administrator determines that:
The monthly mortgage obligation is in accordance
with the maximum levels of assistance available for housing appropriate
to the applicant's household size;
There is no capacity in the accumulated equity
in the property, when considered in the context of the applicant's
borrowing capacity with the mortgagee or the general lending community,
to suspend the mortgage obligation temporarily or re-amortize the
mortgage in such a way as to suspend or reduce the mortgage obligation;
and
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. 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
or 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 or her ability to pay and will be obligated to make all
reasonable efforts to secure such housing.
Liens. The municipality may place a lien on the property in
order to recover its costs of granting assistance with mortgage payments.
In addition, a municipality may claim a lien against the owner of
real estate for the amount of money spent by it to make capital improvements
to the real estate (22 M.R.S. § 4320). No lien may be enforced
against a recipient except upon his or 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 GA if the lien were enforced.
If the municipality determines that it is appropriate
to place a lien on a person's property to recover its costs of
providing GA for a mortgage payment or capital improvement it must
file a notice of the lien with the county registry of deeds where
the property is located within 30 days of making the mortgage payment.
That filing shall secure the municipality's or the state's
interest in an amount equal to the sum of that mortgage or capital
improvement payment and all subsequent mortgage or capital improvement
payments made on behalf of the same eligible person, plus interest
and costs.
Not less than 10 days prior to filing the lien
in the registry, the municipal officers must send notice to the owner
of the real estate, the GA 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. This notice must
include the same information that appeared on the original intent-to-file
notice sent to the recipient.
The municipality may 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 to be charged against delinquent taxes. The
interest will accrue from the date the lien is filed.
Property taxes. In the event an applicant requests assistance
with his or 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. § 841(2)]
and GA. If the applicant chooses to seek property tax assistance through
GA, or if the applicant is denied a poverty tax abatement, the Administrator
may consider using GA to meet this need only if:
As a matter of municipal policy or practice, or
on the basis of information obtained from the applicant's mortgagee,
if any, it is reasonably certain that a tax lien foreclosure will
result in subsequent eviction from the residential property; and
Housing maximums. The maximum levels of housing assistance contained
in this chapter have been derived either from a locally accomplished
fair market rental survey or the fair market rental values developed
by the U.S. Department of Housing and Urban Development (HUD). If
the maximum levels of housing are derived from the HUD values made
effective as of every October 1, and adjusted to disregard the current
and averaged utility allowances as developed by the Maine State Housing
Authority, those levels are hereby incorporated by reference. See
Ordinance Appendix C[3] for the current year's housing maximums.
If and when the maximum levels of housing assistance
in this chapter are derived from a locally developed fair market rental
survey, a record of that survey will be submitted to the DHHS, General
Assistance Unit, and the maximum levels of housing assistance will
be incorporated into this chapter pursuant to the ordinance adoption
and amendment procedures found at 22 M.R.S. § 4305.
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 municipality is not obligated to pay back bills or utility security deposits. Exceptions may be made in emergency situations pursuant to § 85-4.9.
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 age and 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 GA to replace those funds.
Applicants have the burden of providing evidence of their income and use of income for the applicable time period [22 M.R.S. § 4308(2)] (see §§ 85-4.9 and 85-6.3). 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.
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 municipality is not responsible for back bills except in an emergency as provided in § 85-4.9. 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 applicants' control, and process the emergency request accordingly, pursuant to § 85-4.9. See Appendix E for the current year's fuel maximums.
Personal care and household supplies. Expenses for ordinary
personal and household supplies will be budgeted and allowed according
to the applicant's actual need for these items. 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 light bulbs and supplies for children
under five years of age. See Appendix F for the current year's
personal care and household supplies maximums.
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 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 municipality 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, flood or unusually 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 municipality will pay for essential medical expenses,
other than hospital bills (see below), provided that the municipality
is notified and approves the expenses and services prior to their
being made or delivered. Medical expenses include prescriptions, devices,
treatments, or services that are determined to be 'medically
necessary' by a licensed physician. The municipality will grant
assistance for medical services only when assistance cannot be obtained
from any other source and the applicant would not be able to receive
necessary medical care without the municipality's assistance.
The applicant is required to utilize any resource, including any federal
or state program, that will diminish his or her need to seek general
assistance for medical expenses. The municipality will grant assistance
for nonemergency medical services only if a physician verifies that
the services are essential. Provided there is no cost to the applicant,
the Administrator may require a second medical opinion from a physician
designated by the municipality to verify the necessity of the services.
Generally, the municipality will issue GA at the
established Medicaid rates for all medical services, prescriptions,
or other medical commodities. Before authorizing GA for any medical
expenses, the Administrator will inform the pharmacy or medical service
provider of the municipality's intention to pay for the medical
service at the Medicaid rate and ask to be billed accordingly.
Ordinary medical supplies/nonprescription 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, nonprescription 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 a 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 municipality will
have no obligation to pay the bill.
Any person who cannot pay his or her hospital bill
must apply to the hospital for consideration under the hospital's
free care program as provided in Title 22 M.R.S. § 1716.
Anyone who is not eligible for the hospital's free care program
may apply for GA. Applicants must apply for assistance within 30 days
of being discharged from the hospital and provide a notice from the
hospital certifying that he or she is not eligible for the hospital's
free 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 municipality 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 at § 85-6.6.
Dental. The municipality will pay for medically necessary dental
services only. As is the case with medical services generally, the
municipality will issue GA for dental services at the established
Medicaid rates for those services, and before authorizing the GA benefit
for dental services, the Administrator will inform the dentist or
dental surgeon of the municipality's intention to pay at the
Medicaid rate. If full mouth extractions are necessary, the municipality
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.
Eye care. In order to be eligible to receive GA for eyeglasses,
an applicant must have his or her medical need certified by a person
licensed to practice optometry. The Administrator will provide assistance
for eyeglasses to eligible persons only after the applicant has exhausted
all other available resources and generally only at the Medicaid rate.
Telephone charge. A payment for basic telephone will only be
allowed if a telephone is necessary for medical reasons as verified
by a physician. At the discretion of the GA Administrator, minimum/basic
telephone services may be allowed for households with children, for
households where job search or work-related reasons exist and/or for
any other reasons the Administrator deems necessary.
Work-related expenses. In determining need, reasonable and actual
work-related expenses will be deducted from earned income. These expenses
include childcare costs, work clothes, supplies and transportation
at the actual costs not to exceed the ordinance maximum. See Appendix
G[5] for the current maximum mileage allotment. The applicant
is required to provide documentation substantiating the costs and
that the expenses were necessary.
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. See Appendix
G for the current rate at which such necessary travel will be budgeted.
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.
Burials, cremations. Under the circumstances and in accordance with the procedures and limitations described below (see § 85-6.9), the municipality recognizes its responsibility to pay for the burial or cremation of eligible persons. See Appendix H for the current maximums.
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; for example, by means of the applicant entering into an
installment payment arrangement with the contractor. The Administrator
may grant GA for capital improvements when:
There is no more cost-effective alternative available
to the applicant or municipality 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 municipality reserves the right
to place a lien on any property pursuant to 22 M.R.S. § 4320
when GA 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(1)(b)[7], "Liens", above.
Funeral director must give timely notice. In order for the municipality
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 three business days following the funeral director'
receipt of the body, whichever is earlier [22 M.R.S. § 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 make a good-faith
effort 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
municipality to pay all or part of the expenses, the funeral director
must make timely contact to the 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 calculated on behalf of the deceased.
For the purposes of determining residency, calculating eligibility
and issuing GA for burial or cremation purposes, an application for
assistance shall be completed 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 § 85-4.10.
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 GA in as much 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 themselves eligible for GA, have no legal obligation to pay
for the burial or cremation of their relatives. For these reasons,
all GA 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, children and grandchildren of the deceased whether or not
living in or owning property in Maine, and the spouse or registered
domestic partner of the deceased, 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 Administrator
with any reasonably requested information regarding their income,
assets, and basic living expenses. The Administrator may also seek
information from financial institutions holding assets of the deceased.
Maine law requires a financial institution to disclose the amount
deposited in the corporation or association when the municipality
or its agents are acting in accordance with section 4313(2) and provide
a written request and a notarized affidavit signed by the Administrator
of the municipality or its agents stating that the named depositor
is deceased.
Consideration of the financial responsibility of family members.
Generally, when the Administrator can make a finding that one or more
of the deceased's legally liable relatives have an obvious and
demonstrable financial capacity to pay for the burial or cremation,
by lump sum payment or by means of a reasonable payment arrangement,
the municipality will not grant the requested burial or cremation
assistance. When the Administrator is unable to make such a finding,
the following proration of familial responsibility will be implemented.
Proration of familial responsibility. A proration of familial financial
responsibility will be used when no legally liable relative possesses
an obvious and demonstrable capacity to pay for the burial or cremation,
but one or more of the financially liable relatives is found to have
a financial capacity to make a partial financial contribution, or
the Administrator is unable to determine the financial capacity of
one or more of said relatives.
Under these circumstances, each legally liable relative is considered
to be responsible for his or her pro rata share of the total municipal
contribution that would exist if no legally liable relatives had a
financial capacity to contribute. Furthermore, and as long as all
other eligibility factors have been satisfied, the municipality will
provide as a burial or cremation benefit the aggregate of all pro
rata shares less the share of any legally liable relative who refuses
to cooperate with the Administrator by providing information or documentation
reasonably necessary to determine that relative's financial capacity,
and less any share or part of a share attributable to a legally liable
relative who can financially contribute or partially contribute toward
the burial or cremation to the extent of that relative's share.
Eight days to determine eligibility. The Administrator may take up
to eight days from the date of an application for burial/cremation
assistance to issue a written decision regarding the amount of the
municipal contribution toward the burial or cremation. The eight-day
eligibility determination period from the date of application shall
be used as necessary to make third-party collateral contacts, verify
the listing of legally liable family members and determine their respective
financial capacities to contribute to the burial or cremation, contact
the personal representative of the deceased's estate, if any,
and other related administrative tasks. The Administrator shall not
use this eight-day period allowed by law to unreasonably delay the
municipality's decision.
The municipal obligation to pay when legally liable relatives or
others can contribute. The figures provided in this section are the
maximum benefits provided by the municipality 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 municipality will pay, except there will
be no deduction from the municipal benefit level with respect to any
contribution provided for the purpose of publishing an obituary notice
up to an aggregate contribution limit for this purpose of $75 when
a paid receipt demonstrating the purchase of an obituary notice is
provided to the Administrator.
Burial expenses. The Administrator will respect the wishes of family
members concerning whether the deceased is interred by means of burial
or cremated. See Appendix H[1] for the maximum levels of burial assistance.
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
may issue GA for cremation services. See Appendix H for the maximum
assistance levels for cremations.
Written decision. Each time a person applies, the Administrator will provide a written decision to the applicant after making a determination of eligibility. The decision will be given to the applicant within 24 hours after a completed and signed application is received [22 M.R.S. § 4305(3)] (see § 85-4.6).
In order to comply with the statutory requirement to issue a
decision within 24 hours, if an applicant submits an incomplete or
unsigned application, the Administrator may decide to issue a notice
of "ineligibility" and provide the applicant with another application
to submit as soon as is practicable for the applicant.
Contents of decision. After an application has been completed, applicants will be given written notice of any decision concerning their eligibility for assistance. In addition to the items listed in § 85-4.6, the notice of decision will include a statement that:
The applicant has the right to contact the DHHS if he or she
believes the municipality has violated the law. The decision will
include contact information for the appropriate DHHS office.
Disbursement of general assistance. Except when the Administrator
determines it is impractical, all GA will be provided as a voucher
or purchase order payable to a vendor or through direct municipal
payment to a provider of goods or services. GA will not be issued
in the form of a cash payment to an applicant unless there is no alternative
to the cash payment, in which case the Administrator shall document
the circumstances requiring GA to be issued in the form of cash [22
M.R.S. § 4305(6)].