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/her individual
rights.
A.
The Administrator will make an individual factual determination of
eligibility each time a person applies or reapplies for general assistance.
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 the period of eligibility as established pursuant to that
initial eligibility determination.
B.
The Administrator may redetermine a person's eligibility at
any time during the period he/she is receiving assistance if the Administrator
is notified of any change in the recipient's circumstances which
may alter the amount of assistance which 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.A. § 4309).
A.
Applicant's responsibility.
(1)
Each applicant and recipient has the responsibility at the time of
application and continuing thereafter to provide complete, accurate
and current information and documentation concerning his/her need,
income, use of income, expenses, and any changes in information previously
reported on the application. The Administrator will require documentation
of the 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 that are reasonably obtainable.
The recipient is responsible for notifying the Administrator of any
changes in his/her household or income that may affect his/her eligibility.
(2)
When determining an applicant's eligibility, the Administrator
will seek all necessary information first from the applicant. Information
needed from other sources, with the exception of public records, will
be gathered only with the knowledge and consent of the applicant [22
M.R.S.A. § 4309(1-B)].
B.
Decision. If an applicant does not have the necessary information at the time of application, the Administrator will give him/her the opportunity to provide the information prior to the expiration of the twenty-four-hour period within which the Administrator must act on the application. Except when assistance is conditionally granted pursuant to this municipality's workfare-first policy (see § 157-22), if all the necessary information has been provided and the applicant is eligible, assistance will be granted. If the applicant does not provide the required information needed within the twenty-four-hour period, and the Administrator cannot determine the applicant's eligibility, the applicant will be denied assistance for that reason [22 M.R.S.A. § 4309(1-B)]. The applicant will be advised he/she may reapply when required information can be provided.
C.
Denial of assistance. The Administrator will not grant assistance
to any applicant who refuses to supply necessary information and documentation
concerning his/her needs, income and other resources, or who refuses
to grant permission for the Administrator to contact other persons
to verify the information. If the Administrator has attempted to verify
the information but is unable to determine if the applicant is eligible
because the applicant has refused to provide or allow the Administrator
to verify the necessary information, the applicant will be denied
assistance until the necessary verification has been accomplished
[22 M.R.S.A. § 4309(1-B)].
D.
Right to verify. It is the Administrator's responsibility to
determine and verify the eligibility of each applicant. The Administrator
may seek and verify information from all appropriate sources, including,
but not limited to: the Department of Health and Human Services and
any other department of the state having information that has a bearing
on an applicant's eligibility, financial institutions, employers,
landlords, physicians, and legally liable relatives. The Administrator
will request the applicant's written consent authorizing the
Administrator to receive the necessary information (22 M.R.S.A. § 4314).
E.
Penalty for refusing to release information. Any person governed
by 22 M.R.S.A. § 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 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.A. §§ 4314(5)
and (6), 4315].
A.
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 general assistance or cause someone else to receive general
assistance (22 M.R.S.A. § 4315). A material fact is any
information which has direct bearing on the person's eligibility.
(1)
False representation shall include any individual knowingly and willfully:
(a)
Making a false statement to the General Assistance Administrator,
either orally or in writing, in order to obtain assistance to which
the applicant or the applicant's household is not entitled;
(b)
Concealing information from the General Assistance Administrator
in order to obtain assistance to which the applicant or applicant's
household is not entitled; or
(c)
Using general assistance benefits for a purpose other than that
for which they were intended.
(2)
No person may be denied assistance solely for making a false representation
prior to being given an opportunity for a fair hearing.
B.
Period of ineligibility. When the General Assistance Administrator
finds that a person has knowingly and willfully misrepresented material
facts for the purpose of making himself/herself eligible for general
assistance, the Administrator shall notify that applicant in writing
that he/she has been disqualified from receiving assistance for 120
days. For the purpose of this section, a material misrepresentation
is a false statement about an eligibility factor in the absence of
which some or all of the assistance would not be or would not have
been granted. The notification of disqualification issued by the Administrator
shall inform the applicant of his/her right to appeal the Administrator's
decision to the fair hearing authority 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 disqualification, whichever
is later.
C.
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 in accordance with Article VII of this chapter. No recipient shall have his/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 fair hearing authority may appeal that decision to the Superior Court pursuant to Rule 80B of the Maine Rules of Civil Procedure [22 M.R.S.A. § 4309(3)].
D.
Reimbursement. If a recipient does not appeal the decision or if
the fair hearing authority determines that a recipient did make a
false representation, he/she will be required to reimburse the City
for any assistance received to which he/she was not entitled.
E.
Dependents. In no event will the disqualification of a person under
this section serve to disqualify any eligible dependent in that household
(22 M.R.S.A. § 4315). 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 the entire household income will be considered available to them.
The Administrator will grant assistance to all eligible persons
for a period that is sufficient to meet their immediate need but in
no event may a grant of assistance cover a period in excess of one
month (22 M.R.S.A. § 4309). Upon any application, the Administrator
will determine the applicant's eligibility on the basis of a
thirty-day prospective analysis. For reasons of administrative efficiency
and accuracy, however, the Administrator may elect to disburse that
applicant's assistance for shorter periods of time, such as weekly,
throughout the established period of eligibility. When the Administrator
elects to disburse general assistance 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.
A.
Thirty-day calculation. The period of time used to calculate need will be the next thirty-day period from the date of application [22 M.R.S.A. § 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 § 157-32, 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 exceeds this calculation except in an emergency [see § 157-15, 22 M.R.S.A. § 4308(2)].
B.
Overall maximum; deficit. Applicants will also not be considered in need of general assistance 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 § 157-32 [M.R.S.A. §§ 4301(10), 4305(3-B)]. The difference between the applicant's income/resources 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 listed in § 157-32 shall be used by the Administrator to guide the distribution of assistance for which the applicant is eligible. 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.A. § 4305(3-A)].
C.
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.A. § 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.
D.
Use-of-income verification. Anyone applying for general assistance
must document his/her use of income to the Administrator; otherwise,
income received can be assumed to still be available. First-time applicants
will be asked to provide this information to establish that need exists
but will not be penalized for income used for goods and services that
are not basic necessities. Required documentation can take the form
of cancelled checks and/or receipts for payment which demonstrate
that the applicant has exhausted all his/her income received over
the last thirty-day period. Personal check stubs and copies of money
orders are not considered adequate verification of payment.
(1)
Allowable expenditures include reasonable shelter costs (rent/mortgage);
the actual costs of heating fuel, electricity and food, up to the
ordinance maximums; telephone costs at the base rate if the household
has verified a telephone is needed for medical reasons; the costs
of nonelective medical services as recommended by a physician which
are not otherwise covered by medical entitlement, insurance or sliding
scale service; the reasonable cost of essential clothing and nonprescription
drugs; and the costs of any other commodity or service determined
essential by the Administrator.
(2)
Cable television, cigarettes/alcohol, gifts purchased, costs of celebrations,
trips or vacations, court fines paid, repayments of unsecured loans,
credit card debt, costs associated with pet care, etc. are not considered
basic necessities and will not be included in the budget computation.
E.
Use of income prioritized.
(1)
Applicants will be notified in writing that the City of Augusta requires
that recipients utilize their income and resources for specific basic
necessities within amounts established by this chapter in the following
order of priority:
(a)
Rent or other housing costs for the current month (receipt required).
(b)
Energy costs (lights and fuel) for the current month (bill and
receipt of payment required).
(c)
Personal/Household needs (reasonable amounts up to ordinance
maximums).
(d)
Food (up to the ordinance maximum).
(e)
Other additional current priority needs such as medicines, work-related
expenses must be verified in order to be considered (bills, prescriptions
and any receipts required).
(3)
Families or individuals with regular income such as wages, AFDC,
SSI, social security benefits, veterans benefits, etc. will be required
to show verification each month when they apply that their total income
is used to pay necessities as stated above. After verification (receipts)
that the recipient paid those expenses, the City will apply any additional
assistance the recipient is eligible for and in need of to remaining
necessities in this order:
(4)
Assistance will generally be furnished on a weekly basis with attention
directed to dates that income and resources will be received and to
dates that expenses are due and services or goods are needed.
(5)
If it is determined that the recipient household's income was
not used as directed and also was not used for basic necessities,
the recipient's household will not be eligible to receive either
regular or emergency general assistance to replace that income. Assistance
will not be reduced if the recipient's household can verify income
was exhausted to purchase basic necessities (22 M.R.S.A. § 4315-A).
F.
Computation of income and expenses.
(1)
In determining eligibility, the Administrator will subtract the applicant's net income from the overall maximum level of assistance found at the beginning of § 157-32. If income is greater than the overall maximum level of assistance, the applicant will not be eligible except in an emergency (see § 157-15). If income is less than the overall maximum, the applicant has a deficit.
(2)
The City 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 City will not grant assistance in excess of the maximum amounts allowed in § 157-32 of this chapter, except in an emergency or when the Administrator elects to consolidate the applicant's unmet need, as provided immediately below.
G.
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.
(1)
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;
(2)
The total general assistance grant cannot exceed the total deficit
unless the applicant is in an emergency situation; and
(3)
The need for the application of the recipient's consolidated
deficit toward a basic necessity was not created by the recipient
misspending his/her income or resources in violation of the use-of-income
requirements of this chapter.
A.
Income standards. Applicants whose income exceeds the overall maximum level of assistance provided in § 157-32 shall not be eligible for general assistance except in an emergency. The Administrator will conduct an individual factual inquiry into the applicant's income and expenses each time an applicant applies.
B.
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 the household's income exceeds the amount the household needs for basic necessities, up to the maximum levels contained in § 157-32, 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.A. § 4308; see § 157-15). Income and expenses should not be averaged or generalized. Attention will be focused on the actual dates and the actual amounts of income received and expended as applicable to the computation period.
C.
Types of income. Income which will be considered in determining an
applicant's need includes:
(1)
Earned income. Income in cash or in kind earned by the applicant/household
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 that 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 child-care costs will not be considered available income and will
be deducted [22 M.R.S.A. § 4301(7)].
(2)
Income from other assistance or social services programs. State 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 ECIP) from being considered income. The value of the food
stamps or fuel assistance will not be used to reduce the amount of
general assistance the applicant is eligible to receive, although
applicants may have only a limited or reduced need for general assistance
for heating fuel or electricity if a recently received HEAP/ECIP benefit
has sufficiently credited their account or otherwise obviated an actual
fuel-related cost over 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/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/her utility company. The City
is not obligated to divert any recipient's heating energy allowance
toward non-heating purposes solely on the basis of the recipient's
receipt of HEAP/ECIP.
(3)
Court-ordered support payments. Alimony and child-support payments
will be considered income only if actually received by the applicant.
The General Assistance Administrator will refer cases where support
payments are not actually received to the State Department of Health
and Human Services' Support Enforcement and Location Unit.
(4)
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.A.
§ 4301(7)].
(5)
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.
(6)
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
(Boisvert v. Lewiston, Andro. Sup. Ct. CV #80-436).
(7)
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 general assistance, the Administrator shall make
a finding under a rebuttable presumption that the entire household
is pooling income [22 M.R.S.A. § 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 for the duration of the shared living arrangement. Such
documentation would include evidence of the entire household expenses
as well as bank statements, canceled 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/her
pro-rata share of household costs. If the applicant is unable to successfully
rebut the City'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/her income and his/her pro-rata share of actual household
expenses.
(8)
Lump sum income. A lump-sum payment received by a repeat applicant's
household prior to the date of application for general assistance
shall be considered as income available to the household, with the
exception of any 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.
(a)
In the case where a lump-sum payment was received by a household
at any time prior to the date of application for general assistance,
the Administrator must prorate an applicant's eligibility for
general assistance according to the following criteria of 22 M.R.S.A.
§ 4301(7):
[1]
Identify the date the lump-sum payment was received.
[2]
Subtract from the lump-sum payment all required payments.
[3]
Subtract from the lump sum any amount the applicant can demonstrate
was spent on basic necessities, including all basic necessities provided
by general assistance in reasonable conformance with the specific
maximum levels of assistance, per month, provided in this chapter;
any 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 [22 M.R.S.A. § 4301(7)].
[4]
Add to the remainder all income received by the household between
the date of receipt of the lump-sum payment and the date of application
for general assistance.
[5]
Divide the sum created by Subsection C(8)(a)[4], above, by the aggregate maximum monthly allocation of general assistance available to the household pursuant to 22 M.R.S.A. § 4305(3-B) [§ 157-32A(2)].
(b)
The dividend remaining after following the above guidelines
represents the number of months from the receipt of the lump-sum payment
during which an income level equivalent to the maximum monthly allocation
of general assistance for the household will be deemed available to
that household. No proration of lump sum income can extend longer
than 12 months from the date of application. Applicants who have been
declared ineligible for reasons of lump sum proration will not be
eligible for emergency general assistance during the period of proration.
[Amended 6-7-2012 by Ord.
No. 12-079; 10-1-2015 by Ord. No. 15-161]
A.
Overall maximum levels of assistance.
(1)
Notwithstanding any of the maximum levels of assistance for specific basic necessities listed in this section, an applicant's eligibility for general assistance will be first determined by subtracting his/her income from the overall maximum level of assistance designated immediately below for the applicable household size [22 M.R.S.A. § 4305(3-B)]. The difference yielded by this calculation shall be the applicant's deficit. Applicants will be eligible for general assistance up to the calculated deficit to the extent the applicant is unable to otherwise provide the basic necessities essential to maintain himself/herself or his/her family. Applicants with no deficit shall be found ineligible for general assistance unless they are in an emergency, in which case eligibility for emergency general assistance will be determined according to § 157-15 of this chapter.
(2)
The Administrator will accurately record computations and supporting
reasons which are the basis for any eligibility or ineligibility determination.
If the initial thirty-day eligibility computation indicates no deficit
or unmet need or an insufficient deficit to meet an applicant's expressed
immediate emergency need, the Administrator must always proceed to
make a second emergency computation and determination. Both of these
determinations are to be recorded with explanatory narratives and/or
supporting verification. Any emergency assistance granted will be
clearly identified as such.
Overall Maximum GA
| ||
---|---|---|
No. in Household
|
Monthly
| |
1
|
$570
| |
2
|
$659
| |
3
|
$843
| |
4
|
$1,057
| |
5
|
$1,126
| |
6
|
$1,201
| |
Each additional person
|
+$75
|
B.
Maximum levels of assistance for specific basic necessities. The City will grant assistance to eligible applicants for basic necessities according to the maximum levels for specific types of assistance set forth below and according to priority standards established in this chapter (§ 157-30). The maximum levels will be strictly adhered to; although if the Administrator determines that there are exceptional circumstances and an emergency is shown to exist, the absolute levels will be waived in order to meet immediate needs (Glidden v. Town of Fairfield, Som. Sup. Ct. CV#79-17). 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.
(1)
In roommate situations, the applicant's need for common living
expenses for food, rent, fuel, 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.
(2)
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:
(a)
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;
(b)
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 general assistance;
and
(c)
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.
C.
Allowable maximums for specific basic necessities follow by categories.
(1)
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 City hereby incorporates by reference the U.S.D.A. Thrifty Food
Plan, as distributed to the City by the Maine Department of Health
and Human Services on or about October of each year. 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.A. § 4301(7)(A);
Dupler v. City of Portland, U.S. Dist. Ct. CV#74-134 SD]. The City
will authorize purchase orders to be used solely for approved food
products. Moderately priced products may be specified. Food orders
will be issued on a weekly basis or daily basis when appropriate.
(a)
The maximum amounts allowed for food are:
Food
| |||
---|---|---|---|
No. in Household
|
Weekly
|
Monthly
| |
1
|
$45.12
|
$194
| |
2
|
$83.02
|
$357
| |
3
|
$118.84
|
$511
| |
4
|
$150.93
|
$649
| |
5
|
$179.30
|
$771
| |
6
|
$215.12
|
$925
| |
7
|
$237.67
|
$1,022
| |
8
|
$271.86
|
$1,169
| |
Each additional member add:
|
+$146
|
(b)
The Administrator will exceed the above maximums when necessary
for households having members with special dietary needs. The Administrator
may require a doctor's statement which verifies that there is
a special dietary need that requires an expenditure for food which
is greater than the ordinance maximums.
(2)
Housing. The Administrator will provide assistance with rent or mortgage
payments that are reasonable and within the allowed maximum levels
below. It is the applicant's responsibility to find suitable
housing, although the Administrator may help the applicant find housing
when unusual circumstances so require. The Administrator will inform
the applicant of the allowed housing maximums to assist him/her in
his/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. The same condition may be made regarding excess land,
acreage or buildings in various computations regarding payment for
shared housing, rent, mortgages, taxes, etc. Mobile home rentals will
include the lot rental as part of the total rent.
(a)
Housing availability form. Applicants will be required to verify
housing availability and costs by obtaining a statement completed
by the landlord. The City will provide a form for that purpose, listing
the necessary information. Housing assistance will be furnished on
a weekly basis or daily when appropriate. Monthly rates will be converted
to weekly and daily rates by dividing the monthly total by the number
of days in the appropriate month to establish a daily rate for each
month. The correct daily rate for each month involved will be used
to arrive at the correct weekly rate.
(b)
Rental payments to relatives. The City will not authorize 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) relies on the rental payment for his/her basic needs.
For the purpose of this section, a "relative" is defined as the applicant's
parents, grandparents, children, grandchildren, siblings, parents'
siblings, or any of those relatives' children [22 M.R.S.A. § 4319(2)].
(c)
Rental payments to private homes. When the applicants are living
in private homes or sharing dwelling units with other people who are
not requesting general assistance, 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.A.
§ 4301(6)].
(d)
Any housing assistance issued to a recipient in such a circumstance
shall be issued, whenever reasonably possible, to the landlord or
property owner with most superior legal or equitable interest in the
property.
(e)
When the City issues in aggregate more than $600 total in rental payments to any landlord in any calendar year, a 1099 form declaring the total amount of rental payments during the calendar year will be issued to the Internal Revenue Service (IRS) pursuant to IRS regulation. Rental payments constitute services rendered. [See § 6041(a) of Internal Revenue Code; see also § 157-34 of this chapter regarding disbursement.]
(f)
Mortgage payments.
[1]
In the case of a request for assistance with a mortgage payment,
the General Assistance 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.
[a]
Factors to consider in making this determination
include:
[i]
The marketability of the shelter's equity;
[ii]
The amount of equity;
[iii]
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;
[iv]
The extent to which liquidation may aid the applicant's
financial rehabilitation;
[v]
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;
[vi]
The imminence of the applicant's dislocation
from owned housing because of his/her inability to meet the mortgage
payments;
[vii]
The likelihood that the provision of housing
assistance will prevent such dislocation; and
[viii]
The applicant's age, health and social
situation.
[b]
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 City would otherwise be required
to provide. If after reviewing the above criteria the Administrator
determines that (1) the monthly mortgage obligation is in accordance
with the maximum levels of assistance available for housing appropriate
to the applicant's household size; (2) 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 reamortize the mortgage in such a way as to suspend or reduce the
mortgage obligation; and (3) the failure to provide a mortgage payment
in a timely manner could jeopardize the applicant's continued
right of possession of the property, then 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 general assistance.
[2]
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, whichever is less. After an initial application,
assistance with such payments will be given only after the applicant
has made all reasonable effort to borrow against the equity of his/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/her ability to pay and will be obligated to make all reasonable
efforts to secure such housing.
(g)
Liens. When the City makes mortgage payments, the City may place
a lien on the property in order to recover its costs of granting assistance
with mortgage payments (22 M.R.S.A. § 4320). No lien may
be enforced against a recipient except upon his/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 general assistance if the lien were enforced.
[1]
If the City determines that it is appropriate to place a lien
on a person's property to recover its costs of providing general
assistance for a mortgage payment, 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
City's or the state's interest in an amount equal to the
sum of that mortgage payment and all subsequent mortgage payments
made on behalf of the same eligible person plus interest and cost.
Not less than 10 days prior to filing the lien notice in the Registry,
the municipal officers must send notice to the owner of the real estate,
the general assistance 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 or the imposition of interest. This notice
must include the same information that appeared on the original notice
of proposed filing sent to the recipient.
[2]
The City will 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.
The interest will accrue from the date the lien is filed.
(h)
Property taxes. In the event an applicant requests assistance
with his/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.A. § 841(2)] and
general assistance. If the applicant chooses to seek property tax
assistance through general assistance, or if the applicant is denied
a poverty tax abatement, the Administrator may consider using general
assistance to meet this need only if:
[1]
The property tax in question is for the applicant's place
of residence;
[2]
There is a tax lien on the property which is due to mature within
60 days of the date of application;
[3]
As a matter of policy or practice it is reasonably certain that
a tax lien foreclosure will result in subsequent eviction from the
residential property; and
[4]
The applicant, with sufficient notice, applies for property
tax relief through the Maine Resident Property Tax Program, when available.
(i)
Safe and sanitary housing. For the purpose of clarifying the City's intent to provide decent and adequate housing to general assistance recipients, this chapter will clearly incorporate herewith by reference Chapter 173, Housing Code, of the City Code. Commercial rooming houses and motels, hotels, and shelters do not usually meet the standards of self-sufficiency for permanent dwelling units required in Chapter 173 but are available and suitable temporary or long-term housing options for many people. To assure that decent, safe and adequate housing is provided in these facilities, authorization of general assistance funds for housing needs will be contingent on verification that the landlord, owner or operator has a current valid lodging license for the premises from the Department of Health and Human Services, Division of Health Engineering, pursuant to 10-144 Code of Maine Rules, Chapter 201.
(j)
Code violations. Violations of Chapter 173, Housing Code, of the City Code or of State of Maine licensing requirements of the Department of Health and Human Services, Division of Health Engineering, which result in citations requiring corrective action for health and/or safety reasons will result in the following action:
[1]
If an eligible person who is requesting housing assistance proposes
to obtain occupancy for housing which is under citation, the Administrator
will refuse to issue any assistance for the substandard housing but
will provide assistance for suitable alternative housing.
[2]
If an eligible person requests assistance for housing which
that person already occupies and which is currently under citation
or subsequently cited as substandard, the Administrator will promptly
issue a written notice to the eligible person stating that at the
end of 30 days from the issuance date of the notice, the Administrator
will refuse to issue any assistance for the substandard housing but
will provide assistance for suitable alternative housing.
(k)
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 United States Department of Housing and Urban Development (HUD).
If the maximum levels of housing are derived from the HUD values as
those values are prepared and distributed by the Maine Department
of Health and Human Services on or about October 1 of each year are
hereby incorporated by reference. If and when the maximum levels of
housing contained in this chapter are derived from a locally developed
fair market rental survey, a record of that survey will be submitted
to the Department of Health and Human Services, 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.A. § 4305. The maximum amounts
allowed for housing meeting safe and sanitary housing codes are:
Housing
| |||||
---|---|---|---|---|---|
Unheated
|
Heated
| ||||
No. of Bedrooms
|
Weekly
|
Monthly
|
Weekly
|
Monthly
| |
0
|
$94
|
$403
|
$118
|
$507
| |
1
|
$107
|
$460
|
$137
|
$589
| |
2
|
$140
|
$601
|
$177
|
$761
| |
3
|
$178
|
$766
|
$224
|
$962
| |
4
|
$181
|
$778
|
$236
|
$1,116
|
(l)
Emergency shelters. The Administrator may enter into agreements
with local emergency shelters regarding arrangements for services
which may or may not include temporary presumption of eligibility
for some occupants [22 M.R.S.A. § 4304(3)]. Any agreements
made regarding shelter services and charges shall be completed in
writing mutually agreed upon and cosigned by the parties participating,
with copies to be retained by both. Such agreements shall be limited
to no longer than a one-year duration to coincide with the City's
fiscal year and shall conform to the general assistance statutes and
this chapter.
(3)
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.
It is the applicant's responsibility to conserve and to keep
utility costs as low as possible. Air conditioning, excessive hot
water use, deep freezer operation and waterbeds and fish tanks are
examples of usage not necessary to maintain good health and should
be discontinued temporarily.
(a)
Assistance will be granted to eligible applicants on the basis of their most recent bill. The City is not obligated to pay back bills or utility security deposits. Exceptions may be made in emergency situations pursuant to § 157-15. 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 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 general assistance to replace those funds. Applicants have the burden of providing evidence of their income and expenses and use of their income for the applicable time period [22 M.R.S.A. § 4308(2); see § 157-15). The Administrator will notify applicants in writing that they must give the Administrator prompt notice if their electric 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.
(b)
The maximum amounts allowed for electrical services, including
lights, cooking and other electric uses, excluding heat, are:
[1]
Households without electric hot water.
Electricity
| |||
---|---|---|---|
No. in Household
|
Weekly
|
Monthly
| |
1
|
$14.00
|
$60.00
| |
2
|
$15.70
|
$67.50
| |
3
|
$17.45
|
$75.00
| |
4
|
$19.70
|
$86.00
| |
5
|
$23.10
|
$99.00
| |
6
|
$25.00
|
$107.00
|
[2]
Households with electrically heated hot water.
Electricity
| |||
---|---|---|---|
No. in Household
|
Weekly
|
Monthly
| |
1
|
$19.10
|
$86
| |
2
|
$23.75
|
$102
| |
3
|
$27.70
|
$119
| |
4
|
$32.25
|
$139
| |
5
|
$37.30
|
$160
| |
6
|
$41.00
|
$176
|
NOTE: For electrically heated households, the maximum amount
allowed for electrical utilities per month shall be the sum of the
appropriate maximum amount under this subsection and the appropriate
maximum for heating fuel as provided below.
|
(c)
In accordance with the following conditions, the Administrator
may allow as a budgetable expense the amount of an applicant's
summer-loaded special payment arrangement (SPA) or budget payment
arrangement (BPA), as calculated by the electric utility and entered
into by the applicant, even when the arranged payment amount exceeds
the above maximums or actual usage:
[1]
The SPA or BPA, when annualized, does not exceed the above monthly
maximums, when annualized, for non-electrically heated dwelling units.
[2]
The SPA or BPA, when annualized, does not exceed the above monthly
maximums and the fuel assistance maximums, when annualized, for electrically
heated dwelling units.
[3]
The Administrator determines, in consultation with the utility,
that the payment arrangement does not include in any part the installment
payment of past debt unless the City guaranteed to the utility the
allowance of such an arrangement as a condition of averting a disconnection.
(d)
Pursuant to the use-of-income requirements in § 157-30 of this chapter, whenever the Administrator budgets for SPAs or BPAs under this section, the recipient will be required to pay the SPA or BPA himself/herself to the extent of the income capacity of the household.
(e)
Nonelectric utilities. The allowed amount for water and sewer
utility service will be budgeted at the actual thirty-day cost for
those services. Gas utilities will be budgeted at the actual thirty-day
cost up to maximum levels contained in the appropriate schedule of
HUD § 8, Existing Housing Allowances for Tenant-Furnished
Utilities and Other Services. Appropriate schedules are those which
were original components of the HUD fair market housing values used
in deriving housing maximums for this chapter.
(4)
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.
(a)
Assistance will be granted to eligible applicants on the basis of their most recent bill. The City is not responsible for back bills except in an emergency as provided in § 157-15. 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 § 157-15 of this chapter.
(b)
When considering requests for fuel, eligible applicants will
be granted assistance with the actual amount necessary up to the following
maximums:
Fuel
| ||||
---|---|---|---|---|
Month
|
Gallons
|
Month
|
Gallons
| |
September
|
50
|
January
|
225
| |
October
|
100
|
February
|
225
| |
November
|
200
|
March
|
125
| |
December
|
200
|
April
|
125
| |
May
|
50
|
(c)
When the dwelling unit is heated electrically, the maximum amount
allowed for heating purposes will be calculated by multiplying the
number of gallons of fuel allowed for that month by the current price
per gallon.
(d)
When fuels such as wood, coal and/or natural gas are used to
heat, they will be budgeted at actual rates, if they are reasonable.
No eligible applicant shall be considered to need more than seven
tons of coal per year, eight cords of wood per year or 126,000 cubic
feet of natural gas per year or 1,000 gallons of propane.
(5)
Personal care and household supplies.
(a)
Expenses for ordinary personal and household supplies will be
budgeted and allowed according to the applicant's actual need
for these items, up to the maximums below. Personal and household
supplies include: hand soap, toothpaste, shampoo, shaving cream, deodorant,
dish detergent, laundry supplies, household cleaning supplies, razors,
paper products such as toilet paper, tissues, paper towels, garbage/trash
bags, and light bulbs.
Personal Care and Household Supplies
| |||
---|---|---|---|
No. in Household
|
Weekly Amount
|
Monthly Amount
| |
1-2
|
$10.50
|
$45
| |
3-4
|
$11.60
|
$50
| |
5-6
|
$12.80
|
$55
| |
7-8
|
$14.00
|
$60
| |
Each additional person
|
$1.25
|
+$5
|
(b)
When an applicant can verify expenditures for the following
items, a special supplement will be budgeted as necessary for households
with children under five years of age for items such as cloth or disposable
diapers, laundry powder, oil, shampoo, and ointment up to the following
amounts:
No. of Children
|
Weekly Amount
|
Monthly Amount
| |
---|---|---|---|
1
|
$12.80
|
$55
| |
2
|
$17.40
|
$75
| |
3
|
$23.30
|
$100
| |
4
|
$27.90
|
$120
|
(6)
Other basic necessities. Expenses falling under this subsection will
be granted when they are deemed essential to an applicant's or
recipient's health and safety by the General Assistance 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.
(a)
Clothing. The City 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 or unusual 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.
(b)
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/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.
[1]
Generally, the municipality will issue general assistance at
the established Medicaid rates for all medical services, prescriptions,
or other medical commodities. Before authorizing general assistance
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.
[2]
When deemed appropriate, the applicant will be required to seek
to enter into an extended payment arrangement with the physician or
other service deliverers based on Medicaid rates. The payment amount
agreed upon must be for current necessary service and must be an amount
that the applicant could reasonably be expected to afford if employed
or receiving income. If a reasonable payment agreement is reached,
the Administrator will include the monthly payment amount as an allowable
expense in each month's budget computation thenceforth.
[3]
The applicant will be required to cooperate with the advice
of the physicians whose services are being provided as regards to
necessary patient participation, involvement and self-help. If medications
or rehabilitation measures are necessary, the applicant will be expected
to utilize them as directed and to cooperate in all ways so that the
treatment will be beneficial and effective. The Administrator will
require timely medical verification reports when treatment and medications
are ongoing over a long period for other than chronic non-responding
or terminal illnesses.
[4]
Ordinary medical supplies and nonprescription drugs will be
budgeted at the actual amount not to exceed $10 a month. 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. The statement is to be updated no less than every six
months.
(c)
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 City will have no
obligation to pay the bill. The fact of notification establishes only
that emergency services had to be provided to the patient before an
application could be made for City assistance by the patient. The
patient must still apply to the City at a later date for an eligibility
determination as stated below.
[1]
Any person who cannot pay his/her hospital bill must apply to
the hospital for consideration under the hospital's charity care
program as provided in 22 M.R.S.A. § 396-F(1).[1] Anyone who is not eligible for the hospital's charity
care program may apply for general assistance. Applicants must apply
for assistance within 30 days of being discharged from the hospital
and provide a notice from the hospital certifying that they are not
eligible for the hospital's charity care program.
[1]
Editor's Note: 22 M.R.S.A. § 396-F was repealed
by L. 1995, C. 653, § B-4, effective 1-1-1997.
[2]
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 City 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 monthly payment 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 § 157-30 of this chapter.
(d)
Dental.
[1]
The City will pay for medically necessary dental services only.
Full mouth extractions may be necessary at times. 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, taking into
account the applicant's ability to pay. He/She will be expected
to make a reasonable payment arrangement for preplanned dental services.
The monthly payment on current bills is acceptable in the budget each
month for essential services only.
[2]
As is the case with medical services generally, any general
assistance the municipality issues for dental services will be at
the established Medicaid rates for those services; and before authorizing
the general assistance benefit for dental services, the Administrator
will inform the dentist or dental surgeon of the municipality's
intention to pay at the Medicaid rate.
(e)
Eye care. In order to be eligible to receive general assistance
for eyeglasses, an applicant must have his/her medical need certified
by a person licensed to practice optometry. The General Assistance
Administrator will provide assistance for eyeglasses to eligible persons
only after the applicant has exhausted all other available resources.
If a payment agreement can be worked out, the monthly payment (on
current bill) will be acceptable in the budget for basic costs as
approved in advance.
(f)
Work-related expenses. In determining need, reasonable and actual
work-related expenses will be deducted from earned income. These expenses
include transportation at the actual costs not to exceed $0.28 per
mile, child-care costs, work clothes and supplies. The applicant is
required to provide documentation substantiating the costs and that
the expenses were necessary. Public transportation or carpooling should
be used when available. If within walking distance, transportation
costs should not be necessary.
(g)
Travel expenses. In determining need, reasonable and 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 and not obtainable by public transportation, car pooling,
relatives, low-cost or free services or within walking distance. For
applicants in rural areas, limited trips on a weekly basis to a supermarket
may be considered, as will any medically necessary travel. The rate
at which such necessary travel will be budgeted is at actual cost
not to exceed $0.28 per mile, and 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.
(h)
Burial, cremations. Under the circumstances and in accordance
with the procedures and limitations described below, the municipality
recognizes its responsibility to pay for the burial or cremation of
eligible persons.
[1]
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 the next business day following the funeral director's
receipt of the body, whichever is earlier [22 M.R.S.A. § 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 with 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 created on behalf of the deceased.
For the purposes of determining residency, calculating eligibility
and issuing general assistance for burial or cremation purposes, an
application for assistance shall be created by the Administrator on
behalf of the deceased.
[a]
If the Administrator finds in preparing the application
that there appears to be significant value in cash, liquid assets,
tangible assets, personal property, real property, etc. owned by,
in the possession of, or available within the estate of the deceased
person and there are no liable relatives or other persons responsible
on behalf of the deceased, the Public Administrator shall be contacted
to probate the estate and the burial expense will be submitted as
a claim against the estate.
[b]
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 § 157-16 of this chapter.
[c]
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 general assistance inasmuch as living persons are not eligible
for burial assistance. To clarify this point of law, although legally
liable relatives have a financial responsibility, it only exists to
the extent the legally liable relatives have a financial capacity
to do so. Therefore, legally liable relatives who are eligible for
general assistance, by virtue of their eligibility, have no legal
obligations to pay for the burial or cremation of their relatives.
For these reasons, all general assistance issued for burial or cremation
purposes shall be issued on behalf of, and in the name of, the deceased.
[2]
Financial responsibility of certain family members. Grandparents,
parents, siblings, children and grandchildren of the deceased, who
live in Maine or own property in Maine, 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.
[3]
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.
[4]
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/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.
[5]
Ten days to determine eligibility. The Administrator may take
up to 10 days from the date of contact by the funeral director to
issue a written decision regarding the amount of the municipal contribution
toward the burial or cremation. The ten-day eligibility determination
period from the date of contact by the funeral director 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 ten-day
period allowed by law to unreasonably delay the municipality's
decision.
[6]
Municipal obligation to pay when legally liable relatives or
others can contribute. The figures provided in this subsection 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.
[7]
Burial expenses.
[a]
The Administrator will respect the wishes of family
members with regard to whether the deceased is interred by means of
burial or cremated. If relatives, other persons, or other sources
cannot cover the burial expenses of an indigent person, the maximum
amount of general assistance granted for the purpose of burial is
$1,800. There will be no additional money for opening and closing
of the grave, mandatory vault, cement liner, lot or marker.
[b]
The municipality's obligation to provide funds
for burial purposes is limited to a reasonable calculation of the
funeral director's direct costs, not to exceed the maximum amounts
of assistance described in this subsection. Allowable burial expenses
are limited to: removal of the body from a local residence or institution;
a secured death certificate or obituary; embalming; a minimum casket;
a reasonable cost for necessary transportation; and other reasonable
and necessary specified direct costs, as itemized by the funeral director
and approved by the Administrator.
[8]
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
will issue general assistance for cremation services. The maximum
amount of assistance granted for a cremation shall be $975. There
will be no additional payments for a lot, a burial urn, or transportation
costs.
(i)
Capital improvements.
[1]
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 general assistance
for capital improvements when:
[2]
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 City reserves the right to place a lien on any property pursuant to 22 M.R.S.A. § 4320 when general assistance 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 § 157-32, Subsection C(2)(d).
A.
Written decision. The Administrator will give a written decision to each applicant after making a determination of eligibility each time a person applies. The decision will be given to the applicant within 24 hours of receiving an application [22 M.R.S.A. §§ 4305(30, 4321; see § 157-12]. In order to ensure that applicants understand their rights, the decision must also inform the applicant of his/her right to a fair hearing and of the review process.
Except when determined impractical by the Administrator, all
general assistance will be provided in the form of a voucher or purchase
order payable to a vendor or through direct municipal payment to a
provider of goods or services. General assistance will not be issued
in the form of a cash payment to an applicant unless there is no alternative
to making such a cash payment, in which case the Administrator shall
document the circumstances for issuing general assistance in the form
of cash [22 M.R.S.A. § 4305(6)].
A.
Payment by the City of purchase orders issued for services rendered
will require that the vendor submit with the first payment request
a completed Federal Withholding Form W-9 for the City Treasurer's
records. Payment will not be made until the completed form is filed.
When the City issues in aggregate more than $600 total in any calendar
year to a vendor for services rendered, a 1099 form declaring the
total amount issued will be provided to the Internal Revenue Service
(IRS) pursuant to IRS regulation. [See § 6041(a) of Internal
Revenue Code.]
B.
The City may also physically issue goods directly to eligible persons
from a City food pantry and supply closet maintained for this purpose.
The cash value of these items will be determined from the actual cost
of purchasing and will be documented and accounted for in the same
manner as other assistance issued. No value will be attributed to
donated goods distributed to eligible persons, but the items will
be noted in the case file.