A.
Who may apply. Anyone may apply for general assistance. The head of the household or family, any other responsible household member, or an authorized representative may apply for the household. Applications must be made in person except in an emergency situation as provided in § 157-15 of this chapter or except when the applicant is a resident of an emergency shelter and the City has made an agreement with that emergency shelter to presume shelter residents to be eligible for general assistance [22 M.R.S.A. § 4304(3)]. The Administrator may require a representative to present a signed statement documenting that he/she is in fact authorized to apply for general assistance on behalf of the named applicant. The applicant or representative must complete a written application and any other required forms so that the Administrator can determine eligibility (22 M.R.S.A. §§ 4305, 4308). With notice, all members of the household receiving general assistance may be required to physically present themselves to the Administrator.
B.
Application via telephone. When a person has an emergency but is
unable to apply in person due to illness, disability, lack of child
care, lack of transportation or other good cause, and he/she cannot
send an authorized representative, the Administrator will accept an
application by telephone. This application will be subject to the
Administrator receiving written verification via mail or visiting
the applicant's home with his/her permission (22 M.R.S.A. § 4304).
C.
Written application upon each request. Each request for assistance
will be administered in accordance with these guidelines. The Administrator
will make an independent determination of eligibility for general
assistance each time a person applies (22 M.R.S.A. §§ 4308,
4309).
D.
Applications accepted; posted notice. Application forms will be available
during regular business hours at the municipal office and when the
General Assistance Administrator is conducting interviews with applicants.
Notice will be posted stating when and where people may apply for
assistance and the name of the Administrator available to take emergency
applications at all other times. In addition, the posted notice shall
include the fact that the municipality must issue a written decision
on all applications within 24 hours, and the Department of Health
and Human Services' toll-free telephone numbers for reporting
alleged violations or complaints. Completed applications will be accepted
and interviews given only during the regular hours established and
posted by the Administrator. In an emergency, however, the Administrator
will be available to accept applications for assistance whenever necessary
(22 M.R.S.A. § 4304).
Except when it is impractical, the General Assistance Administrator
will interview each applicant personally before making a decision.
The interview will be conducted in private, although the applicant
may be accompanied by a legal representative, friend or family member.
Those present will not dominate the interview or obstruct the Administrator
from conversing with the applicant and obtaining information directly
from the applicant. The interview may be tape recorded by the Administrator
for administrative purposes as long as the applicant is so informed
and the recorder is clearly visible.
At a minimum, the application will contain the following information:
A.
Applicant's name, address, phone number, birth date and social
security number.
B.
Name(s), date(s) of birth, and social security number(s) of other
household members for whom the applicant is seeking assistance.
C.
Total number of individuals in the building or apartment where the
applicant is residing.
D.
Employment and employability information.
E.
All household income, resources, assets and property.
F.
Expenses.
G.
Types of assistance and reason being requested.
H.
Penalty for false representation.
I.
Applicant's permission to verify information.
J.
Signature of applicant and date.
A.
The Administrator will make every effort to inform all applicants
of their rights and responsibilities as well as the general program
requirements associated with applying for and receiving general assistance,
including application requirements, eligibility guidelines, applicant
rights, and reimbursement obligations.
B.
Application requirements. The Administrator will help the applicant
fill out the application form as described in the preceding section.
The Administrator will inform the applicant of any other information
or documentation that the applicant will have to provide in order
for the Administrator to evaluate the applicant's eligibility
for assistance. The Administrator will fully explain the purpose of
any release-of-information form or reimbursement agreement before
seeking to obtain the applicant's signature or written authorization.
C.
Eligibility requirements. The Administrator will inform the applicant
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 directed in the section immediately below;
(3)
The financial reduction in assistance that is the consequence of
spending household income on non-necessities; and
(4)
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.
D.
Applicants' rights. The Administrator will inform all applicants
of their rights to:
(1)
Review the municipal General Assistance Ordinance and Maine General
Assistance Law.
(2)
Apply for assistance.
(3)
Receive a written decision concerning eligibility within 24 hours
of applying for assistance.
(4)
Confidentiality.
(5)
Contact the Department of Health and Human Services.
(6)
Challenge the Administrator's decision by requesting a fair
hearing.
E.
Reimbursement. The Administrator will inform the applicant that he/she must reimburse the City for the amount of general assistance he/she has been granted in the event of a subsequent ability to pay. In addition to seeking repayment from a recipient, the City also may recover the amount of assistance granted to a recipient during the previous 12 months from any relative legally liable for the applicant's support (spouses, parents of persons under the age of 25; see Article VIII, Recovery of Expenses) (22 M.R.S.A. §§ 4318, 4319). Whenever applicable, the Administrator will explain the various 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, as these liens are described in Article VIII, Recovery of Expenses.
A.
The applicant has the following responsibilities at the time of each
application:
(1)
To provide accurate, complete and current information and verifiable
documentation concerning his/her income, resources, assets, household,
employment, how the applicant has spent his/her income and any changes
in this information that would affect his/her eligibility or that
of the household (22 M.R.S.A. § 4309).
(2)
To apply each week so that his/her need and eligibility for assistance
can be redetermined/updated weekly and job searches and work requirements
can be accounted for each week.
(3)
To inform the Administrator of the names and addresses of relatives
who are liable for the applicant's support (22 M.R.S.A. §§ 4317,
4319, 19 M.R.S.A. §§ 441 through 443[1]).
[1]
Editor's Note: 19 M.R.S.A. § 441 was repealed by
L. 1995, C. 694, § B-1, effective 10-1-1997; 19 M.R.S.A.
§§ 442 and 443 were repealed by L. 1991, C. 376, §§ 29
and 30, effective 6-18-1991.
B.
In addition, the applicant must accurately report and provide verifiable
documentation that shows the applicant has:
(1)
Remained employed, if previously employed, and not quit work without
just cause or been discharged from employment for misconduct;
(2)
Been seeking employment, if previously unemployed or employed on
a part-time basis, has accepted any suitable offer of employment,
and has satisfactorily performed all workfare assignments or had just
cause not to perform those assignments;
(3)
Made use of all available and potential resources when directed in
writing to such a program by the Administrator, including, but not
limited to, other government benefit programs or the assistance of
liable relatives of sufficient means; and
(4)
Participated in any training, retraining, educational or rehabilitative
program when appropriate and when directed in writing to such a program
by the Administrator, in order to diminish the applicant's need
for general assistance (22 M.R.S.A. §§ 4316-A, 4317).
A.
Written decision. The General Assistance Administrator will give a written decision to the applicant concerning his/her eligibility within 24 hours after he/she submits a written application and will furnish assistance to eligible applicants within that period except when the municipality is permitted by law (and pursuant to § 157-22 of this chapter) to issue assistance conditionally on the successful completion of a workfare assignment (22 M.R.S.A. §§ 4305, 4321). A written decision will be given each time a person applies, whether assistance is granted, denied, reduced or terminated.
B.
Content. The written decision will contain the following information:
(1)
The type and amount of aid the applicant is eligible to receive or
the applicant's ineligibility;
(2)
The period of eligibility if the applicant is eligible for assistance;
(3)
The specific reasons for the decision;
(4)
The applicant's right to a fair hearing; and
(5)
The applicant's right to notify the Department of Health and
Human Services if he/she believes the City has acted illegally (22
M.R.S.A. § 4321).
An application is considered withdrawn if:
Under special circumstances, the General Assistance Administrator
may temporarily refuse to accept applications for 24 hours. Such circumstances
may 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, and if
the applicant refuses to leave, the police may be summoned. The applicant
will be informed that an application will be accepted when his/her
conduct is under control.
B.
When a third party 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).
C.
When it is not possible to communicate with the applicant due to
a language barrier or severe physical or mental impairment, and it
is determined that it may be necessary to obtain an interpreter or
social worker or health worker to assist.
A.
An emergency is considered to be any life-threatening situation or
a situation beyond the control of the applicant which, if not alleviated
immediately, could reasonably be expected to pose a threat to the
health or safety of the applicant or a member of the household [22
M.R.S.A. § 4301(4)]. Although they may be considered otherwise
ineligible to receive general assistance, people who apply for assistance
to alleviate an emergency will be granted assistance, except as provided
below, if they do not have sufficient income and resources to meet
an actual emergency need and have not had sufficient income and resources
to avert the emergency (22 M.R.S.A. § 4308).
B.
Disqualification. A person who is currently disqualified from receiving general assistance due to a violation of § 6.5-145, 157-22, 157-23 or 157-28 is ineligible to receive emergency assistance [22 M.R.S.A. § 4308(2)(A)]. Dependents of a disqualified person may be eligible for assistance. For the purposes of this section, "dependents" are defined as:
(1)
A dependent minor child;
(2)
An elderly, ill or disabled person; or
(3)
A person whose presence is required to provide care for any child
under the age of six years or any ill or disabled member of the household
[22 M.R.S.A. § 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 as though the household is comprised of the dependents
only, except that all household income will be considered available
to them.
C.
Assistance prior to verification. Whenever an applicant informs the
Administrator that he/she needs assistance immediately, the Administrator
will grant, pending verification, the assistance within 24 hours,
provided that:
D.
The Administrator may contact at least one other person to confirm
the applicant's statements about needing emergency assistance.
No further assistance will be authorized until the applicant's
eligibility is confirmed (22 M.R.S.A. § 4310).
E.
Telephone applications. If a person has an emergency need and cannot
apply in person due to illness, disability, lack of transportation,
lack of child care, or other good cause, and if there is no authorized
representative who can apply for the applicant, the Administrator
will accept an application over the telephone [22 M.R.S.A. § 4304(3)].
F.
The Administrator will not grant any assistance as the result of
a telephone application if the applicant refuses to allow the Administrator
to verify the information either by visiting his/her home or by mail
and the Administrator cannot determine his/her eligibility through
any other means.
G.
Limitation on emergency assistance. Applicants are not automatically
eligible for emergency assistance. If applicants had income which
could have been used to prevent all or part of an emergency, but they
spent that income on items which are not basic necessities, they will
not be eligible to receive general assistance to replace that money.
Applicants have the responsibility to provide the Administrator with
verifiable documentation demonstrating that the applicant did not
have sufficient income to avert the emergency situation. According
to the following criteria, the Administrator may limit emergency assistance
to cover only the difference between the amount of money necessary
for the household to avoid the emergency and the amount of income
available to the household during the applicable time period.
(1)
The applicable time period shall be the 30 days preceding the application
for emergency assistance, except in those cases where the emergency
was created by a negative account balance for a commodity or service
(such as rent, mortgage or utility payments), and the negative account
balance was created over a longer period of time. In such cases, the
applicable time period shall be the consecutive length of time the
account balance has been in the negative.
(2)
The Administrator shall seek from the applicant all information pertinent
to the applicant's ability to provide for his/her basic necessities
for the applicable time period, including evidence of all income and
resources received and expenses incurred for the applicable time period.
(3)
The Administrator shall compute all costs for the household's
basic necessities during the applicable time period, per month, in
accordance with the maximum levels established by this chapter for
the specific basic necessities or the actual monthly cost, whichever
is less, including all costs associated with averting the particular
emergency situation for which the applicant is seeking assistance.
(4)
From the total household costs for basic necessities during the applicable
time period, the Administrator shall subtract the total income and
lump-sum payments available to the household for the applicable time
period as well as the total general assistance actually received during
the applicable time period.
(5)
The Administrator may restrict the issuance of emergency assistance to the difference yielded by the computation in Subsection G(4), even when such a grant will not totally alleviate the emergency situation.
(6)
The Administrator may waive this limitation on emergency assistance
in life-threatening situations or for first-time applicants; that
is, persons who have never before applied for or received general
assistance.
(7)
Nothing in these criteria may be construed as prohibiting a municipality
from electing to alleviate an emergency situation in the most cost-effective
manner available, provided such a determination of eligibility of
emergency assistance is in conformance with general assistance law.
A.
Residents. The Administrator shall provide general assistance to
all eligible persons applying for assistance who are residents of
this City. A resident is a person who has no other residence and is
physically present in this City and who intends to remain here and
establish a household.
B.
Nonresident. The City also recognizes its responsibility to provide
assistance to eligible persons who apply here and who are not residents
of this City or any other municipality. If a person who is not a resident
of any municipality applies in this City first, the Administrator
will determine his/her eligibility and, if eligible, will grant assistance
until he/she establishes a residence in another municipality (22 M.R.S.A.
§ 4307).
C.
Moving/Relocating. The City will not move or transport a person into
another municipality to avoid general assistance support for that
person [22 M.R.S.A. § 4307(1)]. Furthermore, it is the policy
of the City of Augusta to provide assistance to all eligible applicants
for necessary and suitable housing within City boundaries. Therefore,
any housing assistance which the applicant is eligible to receive
will be furnished for housing within the City of Augusta, unless it
can be demonstrated that no suitable housing is available.
D.
Institutions. If a resident of this City enters an institution located in another City (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 City for up to six months after he/she enters the institution. The City thereafter retains responsibility for an applicant in an institution only if the applicant has maintained a home in this City to which he/she intends to return. All aforesaid responsibility ends at the time of discharge or leaving the institution. Responsibility then reverts to criteria stated under Subsections A and B of this section. The City also recognizes its responsibility for an applicant residing in an institution in this City if he/she had no residence prior to entering the institution [22 M.R.S.A. § 4307(4)].
E.
Temporary housing. Hotels/Motels and similar places of temporary
lodging are considered institutions (see above) if the City grants
financial assistance for, makes arrangements for, or advises or encourages
an applicant to stay in temporary lodging. [Note: Municipalities which
illegally deny housing assistance, and as a result of the denial the
applicant stays in temporary lodging, are responsible for the applicant
for up to six months and may be subject to other penalties (22 M.R.S.A.
§ 4307(4).].
F.
Disputes.
(1)
When the Administrator believes that an applicant is a resident of
another city but that city disputes its responsibility, the Administrator
will notify the Department of Health and Human Services in Augusta
(287-3654 or 1-800-442-6003). If the applicant applies in this City
first, the Administrator will determine his/her eligibility and, if
eligible, will grant assistance until the Department has concluded
which city is responsible for providing assistance. If another city
was responsible, the Department will recover the amount due from the
other city [22 M.R.S.A. § 4307(5) and (6)].
(2)
This provision will not be interpreted to prohibit the Administrator
from advising uninformed applicants of the name of the city to which
their application should correctly be made, especially when that municipality
is an accessible, adjacent town and/or the applicant is unaware of
the correct process, or is not aware of his correct legal residence
or has been misdirected by another agency, etc.
