[Adopted 11-13-2013 by Ord. No. 13-08. Amendments noted where applicable.]
A person will be eligible for general assistance if he/she is
in need and has complied with the eligibility requirements set forth
below.
A.
Initial application.
(1)
For initial applicants, except as provided immediately below,
need will be the sole condition of eligibility. The exception to this
general rule, as provided by law, applies to all applicants, including
initial applicants, who are disqualified for a defined period for
quitting employment without just cause or for being discharged from
employment for misconduct [22 M.R.S.A. § 1043(23)] (see
§ 11.5.5 of this title) and to fugitives from justice as
defined in 15 M.R.S.A. § 201(4) [22 M.R.S.A. § 4301(3)].
An initial applicant is a person who has never before applied for
general assistance in any municipality in Maine [22 M.R.S.A. § 4308(1)].
(2)
"Need" means that the applicant's income (including prorated
income, where applicable), property, credit, assets or other resources
are less than the overall maximum level of assistance contained in
§ 11.6.8 of this title or the applicant's thirty-day
need, whichever is less, and he/she does not have adequate income
or other resources available to provide basic necessities.
B.
Subsequent applicants. Persons who are not initial applicants
are repeat applicants. Repeat applicants are people who have applied
for general assistance at any time in the past. Repeat applicants
are also people on whose behalf a general assistance application was
made at any time in the past, provided that at such a time the applicant
was not a dependent minor in the household. For repeat applicants
to be eligible for general assistance, they must be in need and meet
all other eligibility requirements. The eligibility of repeat applicants
may also be adversely affected to the extent they have not used their
income and resources to secure basic necessities.
A.
Receipt of categorical assistance will not disqualify a person
from receiving general assistance if the applicant is otherwise eligible.
Benefits received from other assistance programs will be considered
as income when determining need, with the exception of food stamps,
which will not be counted as income or resources or otherwise taken
into consideration when determining need [7 U.S.C. § 2017(b)].
B.
In addition, any fuel assistance (HEAP/ECIP) received by an
applicant will not be considered as income; that is, the administrator
will always compute the heating needs of an applicant who has received
HEAP or ECIP as if that applicant paid all costs associated with his
or her fuel needs [42 U.S.C. § 8624(f)]. The calculation
of general assistance for heating energy needs when an applicant has
received HEAP or ECIP shall be accomplished in accordance with § 11.6.7C(3)
of this title. For several additional exceptions, please refer to
the definition of "income" in § 11.2.2 of this title. [See
Subsection B(4) of that definition.]
C.
Applicants or recipients must apply for other program benefits
within seven days after being advised, in writing, to do so by the
general assistance administrator. Persons who, without just cause,
make no good-faith effort to obtain a potential resource will be disqualified
from receiving assistance until they make a good-faith effort to obtain
the benefit (22 M.R.S.A. § 4317).
A.
Liquid assets. No person owning assets easily convertible into
cash, including, but not limited to, bank deposits, stocks, bonds,
certificates of deposit, retirement accounts, life insurance policies
and other marketable security, will be eligible for general assistance
unless and until he or she uses these assets to meet his or her basic
needs, and thereby exhausts them. At the discretion of the GA administrator,
liquid assets do not mean a reasonable minimum balance necessary for
obtaining free checking. Although one checking account per household
may be allowed, any monies over the minimum required to obtain free
checking are to be considered available liquid assets.
B.
Tangible assets. No person owning or possessing personal property, such as, but not limited to: a motor vehicle (except as provided immediately below in Subsection C), or a boat, trailer, recreation vehicle or other assets that are convertible into cash and are nonessential to the maintenance of the applicant's household, will be eligible for general assistance. Exceptions may be made when a person is making an initial application or is an unforeseeable repeat applicant as defined in § 11.2.2 of this title or when reasonable efforts to convert assets to cash at fair market value are unsuccessful. Tools of a trade, livestock, farm equipment and other equipment used for the production of income are exempt from the above category and are not considered available assets.
C.
Automobile ownership.
(1)
Ownership of one automobile per household will not make a person
ineligible for assistance if such vehicle is essential for transportation
to employment or for seeking employment, obtaining medical care, rehabilitation
or training facilities, or for any other reason the GA administrator
determines reasonable for the maintenance of the applicant's
household. Recipients of general assistance who own an automobile
with a market value greater than $8,000 may be required, with written,
seven-day notice, to make a good-faith effort to trade that automobile
for an automobile with a market value of less than $8,000. Any income
received by the applicant by virtue of such a trade down must be used
for his or her basic necessities. Failure to liquidate or trade down
the excess value of any automobile asset can result in disqualification
(22 M.R.S.A. § 4317).
(2)
The municipality will neither pay nor consider as necessary
any car payment or vehicle maintenance cost, including insurance for
which the applicant is responsible. However, provided the vehicle
value is $8,000 or less and the applicant is utilizing the vehicle
for any of the above mentioned "essential" reasons, the municipality
in its discretion may choose to not consider reasonable car payments,
reasonable car insurance and reasonable associated costs of maintenance
as "misspent" income. General assistance for travel-related needs
shall be computed in accordance with § 11.6.8B(4)(f)[7],
"Work-related expenses" and "Travel expenses."
D.
Insurance. Insurance that is available to an applicant on a
noncontributory basis or that is required as a condition of employment
will not be a factor in determining eligibility for general assistance.
Life insurance with a cash surrender value may, at the discretion
of the GA administrator, be considered as a tangible asset.
E.
Transfer of property. Applicants who transfer assets for less
than fair market value to someone else solely for the purpose of establishing
eligibility for general assistance will not be granted general assistance
to replace the uncompensated value of the transferred asset. Assistance
will be denied within a one-hundred-twenty-day limit up to the uncompensated
value of the asset which was transferred unless the transfer of asset
is fraudulently misrepresented, in which case a one-hundred-twenty-day
disqualification will be issued. There will be a presumption that
the applicant transferred his or her assets in order to be eligible
for general assistance whenever property is sold for less than the
fair market value or when the transfer occurred within 30 days prior
to applying for general assistance unless the applicant can demonstrate
the existence of a good faith transaction.
A.
Principal residence.
(1)
For purposes of general assistance solely, the applicant's
principal residence, including any adjoining land, is considered an
exempt resource, even if temporarily unoccupied because of employment,
job training, education, illness or disaster, provided there is demonstrated
an intent to return. If the applicant owns land in excess of the minimum
lot size for the zone or district in which the home is located, then
that land may be considered a potential resource if:
(a)
The applicant has received general assistance for
the last 120 consecutive days; and
(b)
The applicant has the legal right to sell the land
(e.g., any mortgagee will release any mortgage, any co-owners agree
to the sale, zoning or other land use laws do not render the sale
illegal or impracticable); and
(c)
The applicant has the financial capability to put
the land into a marketable condition (e.g., the applicant can pay
for any necessary surveys); and
(d)
The land is not utilized for the maintenance and/or
support of the household; and
(e)
A knowledgeable source (e.g., a realtor) indicates
that the land in question can be sold at fair market value, for an
amount which will aid the applicant's financial rehabilitation;
and
(f)
No other circumstances exist which cause any sale
to be unduly burdensome or inequitable.
(2)
If the above conditions are met, then the administrator may
condition the receipt of future assistance on the applicant's
good-faith efforts to sell, or render saleable, land which could be
used to provide necessary support for the applicant (e.g., the applicant
owns 100 "excess" acres; sale of 10 of the acres would provide for
the necessary support and therefore not all the land need be sold
at the present time). Assistance shall not be denied during the time
that the applicant is making a good-faith effort to sell or render
saleable the land in question.
(3)
Once the applicant ceases to receive assistance, the obligations
under this section shall also cease.
B.
Other property.
(1)
If the applicant or dependents own real property other than
that occupied as the principal residence, continued eligibility will
depend on the applicant making a reasonable effort to:
(a)
Dispose of the property at fair market value in
order to convert the property into cash which can be applied toward
meeting present need; or
(b)
Obtain a loan against such property which may be
used to meet present need. Applicants who transfer their excess property
to a third party in order to become eligible for general assistance
will be ineligible.
(2)
If an applicant is granted assistance in the form of a mortgage
payment or capital improvement payment, the municipality may claim
a lien against the property. The lien shall not be enforceable until
the time of sale of the property or upon the death of the recipient
(see also § 11.6.8 of this title (22 M.R.S.A. § 4320).
All general assistance recipients are required to register for
work, look for work, work to the extent of available employment, and
otherwise fulfill the work requirements, unless the applicant is exempt
from such requirements as provided below.
A.
Employment; rehabilitation.
(1)
All unemployed applicants and members of their households who are 16 years of age or older and who are not attending a full-time primary or secondary school intended to lead to a high school diploma will be required to accept any suitable job offer and/or meet with job counselors, attend employment workshops and rehabilitative services, except as provided below (see Subsection I, Exemptions). Applicants must demonstrate to the administrator that they are available for work and are actively seeking employment.
(2)
A "suitable job" means any job which the applicant is mentally
and physically able to perform. "Available for work" means that applicants
must make themselves available for work during normal business hours
prevailing in the area, and show that no circumstance exists which
would prevent them from complying with the work requirement.
B.
Verification.
(1)
Unemployed applicants or applicants employed on a part-time
basis will be required to provide verifiable documentation of their
pursuit of employment at the time of each application. At a minimum,
such documentation shall consist of a list of the employers contacted,
the date and time of the application contact, and the name of the
employer representative contacted. "Pursuit of employment" means actually
submitting a written application or applying for a job in person when
reasonable, or submitting a written application or letter of inquiry
to employers.
(2)
For the duration of any repeat applicant's period of unemployment
or partial employment, the administrator will establish the number
of employers per week to whom each nonexempt applicant shall be required
to apply in order to fulfill his or her work search requirements.
The number of weekly employer contacts required by the administrator
shall be reasonably related to the number of potential employers in
the region and the number of hours in the week the applicant has available
for work search activities after considering all time the applicant
must devote to existing employment obligations, workfare obligations,
and required classroom or on-site participation in job training, educational,
or rehabilitation programs. Fulfillment of these requirements will
not be expected at the time of the initial application, but will be
a condition of eligibility for subsequent assistance.
C.
Ineligibility. After being granted assistance at the time of
initial application, applicants will be considered ineligible for
further assistance for 120 days if they, without just cause:
(1)
Refuse to register for employment with the Maine Job Service;
(2)
Refuse to search diligently for employment when the search is
reasonable and appropriate; recipients who unreasonably seek work
at the same places repeatedly will not be considered to be performing
a diligent work search and will be disqualified;
(3)
Refuse to accept a suitable job offer;
(4)
Refuse to participate in an assigned training, education or
rehabilitation program that would assist the applicant in securing
employment;
(5)
Fail to be available for work; or
(6)
Refuse to participate or participate in a substandard manner
in the municipal work program (see § 11.5.6).
D.
Ineligibility due to job quit or discharge for misconduct. No
applicant, whether an initial or repeat applicant, who has quit his
or her full-time or part-time job without just cause or who has been
discharged from employment for misconduct [see Appendix I,[1] 26 M.R.S.A. § 1043(23) for the definition] will
be eligible to receive general assistance of any kind for a one-hundred-twenty-day
period from the date of separation from employment [22 M.R.S.A. §§ 4301(8),
4316-A(1-A)].
[1]
Editor's Note: Appendix I is included as an attachment
to this chapter.
E.
Just cause. Applicants will be ineligible for assistance for
120 days if they refuse to comply with the work requirements of this
section without just cause. With respect to any work requirement,
just cause will be considered to exist when there is reasonable and
verifiable evidence that:
(1)
The applicant has a physical or mental illness or disability
which prevents him/her from working;
(2)
The work assignment pays below minimum wages;
(3)
The applicant was subject to sexual harassment;
(4)
The applicant is physically or mentally unable to perform required
job tasks, or to meet piece work standards;
(5)
The applicant has no means of transportation to or from work
or a training or rehabilitation program;
(6)
The applicant is unable to arrange for necessary child care
or care of ill or disabled family members; or
(7)
Any reason found to be good cause by the Maine Department of
Labor, or any other verifiable reason the administrator considers
reasonable and appropriate will be accepted as just cause [22 M.R.S.A.
§ 4316-A(5)].
F.
Applicant's burden of establishing just cause. If the administrator
finds that the applicant has violated a work-related rule without
just cause, it shall be the responsibility of the applicant to establish
the presence of just cause (22 M.R.S.A. § 4316-A).
G.
Eligibility regained.
(1)
Persons who are disqualified for 120 days because they violated
a work requirement may regain their eligibility if and only when they
become employed or otherwise satisfy the administrator that they are
complying with the work requirement by fulfilling the work requirement
or requirements they violated.
(2)
For the purpose of regaining eligibility by becoming employed,
"employment" shall mean employment by an employer as defined in 26
M.R.S.A. § 1043 et seq., or the performance of a service
for an employer who withholds from the employee a social security
tax pursuant to federal law.
(3)
The special provisions regarding the opportunity to regain eligibility
after a disqualification for workfare violations are detailed in § 115.6
of this title, under "Eligibility regained."
H.
Dependents.
(1)
Failure of an otherwise eligible person to comply with the work
requirements shall not affect the eligibility of any member of the
person's household who is not capable of working, including:
(2)
In the event one (or more) member(s) of a household is disqualified
and assistance is requested for those remaining members of the household
who are dependents, the eligibility of those dependents will be calculated
by dividing the maximum level of assistance available to the entire
household by the total number of household members.
I.
Exemptions.
(1)
The above work requirements do not apply to any person who is
elderly, physically or mentally ill or disabled. Any person whose
presence is required to care for any preschool age child or for any
ill or disabled member of the household is also exempt from these
requirements.
(2)
The requirements of this section will not be imposed so as to
interfere with an applicant's existing employment, ability to
pursue a bona fide job offer, ability to attend an interview for possible
employment, classroom participation in a primary or secondary educational
program intended to lead to a high school diploma, classroom or on-site
participation in a training program which is either approved by the
Department of Labor or determined by the Department of Labor to be
expected to assist the applicant in securing employment, or classroom
participation in a degree-granting program operated under the control
of the Department of Labor.
A.
Each applicant and any member of the household who is capable
of working may be required to perform work for the municipality, including
work for a nonprofit organization, as a condition of receiving assistance
[22 M.R.S.A. § 4316-A(2)].
B.
As part of the municipal work program, the municipality can
require recipients to participate in training, education, or rehabilitative
programs that will assist the recipient in securing employment. The
work requirement provisions found in § 11.5.5 regarding
just cause, dependents, and exemptions also apply to the municipal
workfare program.
C.
Consent. Persons assigned to the work program are required to
sign a form stating that they understand the requirements of general
assistance and the work program. Prior to signing the form, the administrator
will read it to the applicants or the applicants will read it themselves.
The form will also state the number of hours the applicants must work
and the hourly rate by means of which the duration of the work assignment
is calculated. In addition, the consent form shall describe the consequences
of failing to adequately perform part or all of the workfare or workfare-first
assignment.
D.
Subtracting value of workfare performed from client's GA debt. Pursuant to 22 M.R.S.A. § 4318 individuals owing the municipality funds for general assistance provided to them are obligated to repay the municipality when and if they become able (see Chapter 11.8). However, persons performing workfare shall have the value of the workfare performed deducted from any and all GA debt including GA liens (e.g., workers' compensation settlement, SSI retroactive payment, capital improvement, home mortgage) that might exist against their settlements, payments or other such property.
E.
Limitations. The work requirement is subject to the following
limitations [22 M.R.S.A. § 4316-A(3)].
(1)
No person shall, as a condition of eligibility, be required
to do any amount of work that exceeds the value of the net general
assistance that the person receives under municipal general assistance
standards. Any person performing work under this subsection shall
be provided with net general assistance, the value of which is calculated
at a rate of at least the prevailing minimum wage under state or federal
law at the time the workfare was performed.
(2)
No workfare participant shall be required to work for a nonprofit
organization if that work would violate the participant's basic
religious beliefs.
(3)
In no case shall eligible persons performing work under this
subsection replace regular municipal employees.
(4)
In no case will work performed under this subsection interfere
with an eligible person's:
(a)
Existing employment;
(b)
Ability to follow up on a bona fide job offer;
(c)
Attendance at an interview for possible employment;
(d)
Classroom participation in a primary or secondary
educational program intended to lead to a high school diploma; or
(e)
Classroom or on-site participation in a training
program which is approved by the Department of Labor or determined
by the Department of Labor to be reasonably expected to assist the
person in securing employment, or classroom participation in a degree-granting
program administered by the DHHS or the Department of Labor.
(5)
In no case may an eligible person be required to work more than
40 hours per week. An eligible person who has full- or part-time employment
shall be exempt from the work requirement to the extent that the work
requirement in combination with his or her regular employment would
result in the person working more than 40 hours per week.
(6)
In no case will an eligible person be required to perform work
beyond his or her capabilities. However, when an illness or disability
is claimed, an eligible person may be required as a condition of receiving
assistance to present a doctor's statement detailing the extent
of the disability or illness (22 M.R.S.A. § 4309). If the
administrator requires a doctor's statement to verify an applicant's
illness or disability and the applicant is not currently under the
care of a provider, the municipality may pay for the doctor's
evaluation if the applicant has no means to pay for the exam. However
in such a case the administrator will choose the doctor. If there
is a no-cost or low-cost health care option, the municipality may
elect to refer the client to such a resource. The administrator will
not require verification of medical conditions which are apparent
or which are of such short duration that a reasonable person would
not ordinarily seek medical attention [22 M.R.S.A. § 4316(5)].
(7)
In no case may an eligible person with an immediate need (i.e.,
a person in an emergency situation who has not been disqualified from
receiving assistance for committing a program violation) be required
to perform work under this subsection prior to receiving general assistance.
The administrator shall meet immediate needs upon receiving written
assurance from the eligible person that he/she is willing to work
to maintain eligibility for general assistance. When the recipient
has no immediate need, workfare participation may be required prior
to receiving general assistance in accordance with the following "workfare
first" policy.
F.
"Workfare first" policy. Under the authority of 22 M.R.S.A.
§ 4316-A(2)(D), the administrator may, in accordance with
the following guidelines, require a recipient of general assistance
to perform a workfare assignment prior to the actual issuance of the
general assistance benefit conditionally granted.
(1)
In no circumstance will emergency general assistance for which
an applicant is eligible be withheld pending the satisfactory performance
of workfare.
(2)
All workfare participants under this policy will be provided
a written decision, as otherwise required by law, within 24 hours
of submitting an application for general assistance and prior to performing
any workfare for the municipality associated with that request for
assistance. That written decision must include:
(a)
A specific description of the amount of general
assistance being conditionally granted to the household, and for which
basic needs;
(b)
The period of eligibility for which the general
assistance grant is being issued (in days or weeks, but not to exceed
30 days);
(c)
The rate, at a dollar-per-hour basis (but not less
than the prevailing minimum wage), upon which the duration of the
workfare assignment is calculated;
(d)
The actual duration of the workfare assignment
that must be performed, in hours, before the general assistance grant
will be actually issued;
(e)
The specifics of the workfare assignment(s), including
the general nature of the type of work being assigned, location(s)
of work site, date(s) and time(s) of assigned workfare, workfare supervisors'
names and contact telephone numbers; and
(f)
Any other pertinent information related to the
workfare assignment(s) the recipient will be expected to perform.
(3)
As previously provided in this section, all workfare participants
under this policy must sign a consent form that informs the participant
of his or her workfare-related rights and responsibilities, including
the consequences of failing to perform all or part of the workfare
assigned without just cause.
(4)
If a portion of the workfare-first assignment is satisfactorily
performed but there has been a failure to perform the remainder of
the assignment, without just cause, the administrator shall issue
a grant of general assistance in the amount of the number of workfare
hours satisfactorily performed times the hourly rate used to calculate
the duration of the workfare assignment. In addition to any disqualification
penalty that may apply, the remaining value of the conditionally issued
general assistance grant shall be terminated, and notice of the partial
termination, and the reasons therefore, will be issued to the workfare
participant in accordance with § 11.6.10 of this title.
(5)
Any amount of the workfare assignment that is not performed
because the workfare participant was temporarily unable to perform
the assignment for just cause reasons shall be reassigned or excused
at the discretion of the GA administrator.
G.
Work-related expenses. A participant's expenses related
to work performed under this section will be added to the amount of
net general assistance to be provided to the person [22 M.R.S.A. § 4316-A(2)(E)].
The municipality will provide any special clothes or equipment the
recipient needs to perform his or her work assignment.
H.
Disqualification. Any person who either willfully fails to perform
or willfully performs below average standards the work assigned by
the municipality will be ineligible for assistance for 120 days [22
M.R.S.A. § 4316-A(1)]. As soon as the administrator knows
that a recipient failed to fulfill the work assignment, the administrator
will notify the recipient, in writing, that he/she is disqualified
for 120 days starting from the last date of authorized assistance
unless the recipient can show just cause. The burden of demonstrating
a just cause failure to perform a workfare assignment falls on the
workfare participant.
I.
Eligibility regained. Recipients who are disqualified from receiving
assistance because they have violated the requirements of the municipal
work program may regain their eligibility under the following conditions.
(1)
Recipients who fail to complete the first municipal work assignment
they have been given will be disqualified from receiving assistance
during the next 120 days, although dependents in the household may
be eligible (see § 11.5.5H, Dependents).
(2)
If during the one-hundred-twenty-day disqualification period
the recipient requests an opportunity to perform the work assignment
which he or she, without just cause, failed to perform, the disqualified
recipient will be given one opportunity to regain eligibility. The
administrator will give the recipient a work assignment as soon as
possible.
(3)
If under such a set of circumstances the recipient has an emergency
need and the administrator is unable to schedule a work assignment
in time to alleviate the emergency, the administrator will provide
sufficient assistance to the recipient to avert the emergency. However,
the provision of such emergency assistance will not bar the administrator
from subsequently enforcing the previously issued one-hundred-twenty-day
disqualification if the recipient fails to regain eligibility by satisfactorily
performing the work assignment. The amount of emergency assistance
granted will be considered in the computation of the total number
of hours the recipient must work.
(4)
Recipients who have asked for the opportunity to regain their
eligibility during a one-hundred-twenty-day disqualification period
and who agreed to fulfill the assignment which they previously failed
to perform and who, without just cause, fail to fulfill their municipal
work assignment will be considered to have acted in bad faith. In
such a circumstance, the administrator will enforce the one-hundred-twenty-day
disqualification for the term of its initial duration.
(5)
If a workfare participant regains eligibility under this section
but is subsequently disqualified within the initial one-hundred-twenty-day
period of ineligibility for failing to comply with the municipal work
program, that participant will be ineligible for a new one-hundred-twenty-day
period beginning with the new disqualification date, but will be provided
no opportunity to requalify.
(6)
Any recipient who intentionally causes damage to property, harasses
or harms other employees or who otherwise conducts themselves in a
disruptive manner and is discharged by the work supervisor will not
be entitled to regain eligibility by returning to the work program.
Eligibility may be regained by otherwise becoming employed and meeting
the definition of need.
J.
Reports. The administrator will itemize the assistance that
has been provided to persons who work for the municipality in reports
to the DHHS [22 M.R.S.A. § 4316-A(2)].
Each applicant has the responsibility to make a good-faith effort
to utilize every available or potential resource that may reduce his
or her need for general assistance (see § 11.2.2 of this
title for definition of "resources"). People who refuse or fail to
make a good-faith effort to secure a potential resource after receiving
written notice to do so are disqualified from receiving assistance
until they make an effort to secure the resource. Applicants are required
to prove that they have made a good-faith effort to secure the resource
(22 M.R.S.A. § 4317).
A.
Minors.
(1)
A minor under the age of 18 who has never married and is applying
independently for general assistance and who is pregnant or has a
dependent child or children will be eligible to receive general assistance
only if the minor is residing in the home of his or her parent, legal
guardian or other adult relative, in which case the entire household
will be evaluated for eligibility. Exceptions to this limitation on
eligibility will be made when:
(a)
The minor is residing in a foster home, maternity
home, or other adult-supervised supportive living arrangement; or
(b)
The minor has no living parent or the whereabouts
of both parents are unknown; or
(c)
No parent will permit the minor to live in the
parent's home; or
(d)
The minor has lived apart from both parents for
at least one year before the birth of any dependent child; or
(e)
The DHHS determines that the physical or emotional
health or safety of the minor or the minor's dependent child
or children would be jeopardized if the minor and his or her child
or children lived with a parent; or
(f)
The DHHS determines, in accordance with its regulation,
that there is good cause to waive this limitation on eligibility [22
M.R.S.A. § 4309(4)].
(2)
Any person under the age of 25 who is applying independently
from his or her parents for general assistance will be informed that,
until he or she reaches the age of 25, the applicant's parents
are still legally liable for his or her support and the municipality
has the right to seek recovery from the parents of the cost of all
assistance granted to such a recipient to the extent his or her parents
are financially capable of repaying the municipality (22 M.R.S.A.
§ 4319).
(3)
With regard to such application, the municipality may seek verification
of the applicant's need for general assistance by contacting
his or her parents. If the applicant's parents declare a willingness
to provide the applicant with his or her basic needs directly, and
there is no convincing evidence that the applicant would be jeopardized
by relying on his or her parents for basic needs, the administrator
may find the applicant not to be in need of general assistance for
the reason that his or her needs can be provided by a legally liable
relative.
B.
Mental or physical disability. Any applicant who has a mental
or physical disability must make a good-faith effort to utilize any
medical or rehabilitative services which have been recommended by
a physician, psychologist or other professional retraining or rehabilitation
specialist when the services are available to the applicant and would
not constitute a financial burden or create a physical risk to the
individual.
C.
Written notice; disqualification. The administrator will give
each applicant written notice whenever the applicant is required to
utilize any specific potential resource(s). Any applicant who refuses
to utilize potential resources, without just cause, after receiving
written seven-day notice will be ineligible for further assistance
until he/she has made a good-faith effort to utilize or obtain the
resources. General assistance will not be withheld from the applicant
pending receipt of a resource if the applicant has made, or is in
the process of making, a good-faith effort to obtain the resource.
D.
Forfeiture of benefits.
(1)
Any applicant who forfeits receipt of or causes a reduction
in benefits from another public assistance program due to fraud, misrepresentation,
a knowing or intentional violation of program rules or a refusal to
comply with that program's rules without just cause will be ineligible
to receive general assistance to replace the forfeited benefits. To
the extent the forfeited benefits can be considered income under general
assistance law, the worth of the forfeited benefits will be considered
income that is available to the applicant for the duration of the
forfeiture.
(2)
To the extent the forfeited benefits were provided not in the
form of income but, rather, in the form of a specific, regularly issued
resource of a calculable value, that resource, up to its forfeited
value, need not be replaced with general assistance for a period of
120 days from the date of the forfeiture—unless the municipality
is prohibited by federal or state law from considering the forfeited
resource as available with respect to local public assistance programs
(22 M.R.S.A. § 4317).
No one will have his or her assistance terminated, reduced,
or suspended prior to being given written notice and an opportunity
for a fair hearing (22 M.R.S.A. §§ 4321 to 4322). Each
person will be notified, in writing, of the reasons for his or her
ineligibility, and any person disqualified for not complying with
this title will be informed, in writing, of the period of ineligibility.
A.
Work requirement. Applicants/recipients who do not comply with
a work requirement are disqualified from receiving assistance for
a period of 120 days (unless they regain their eligibility) (see §§ 11.5.5
and 11.5.6). If an applicant/recipient is provided assistance and
does not comply with the work requirement, the applicant/recipient
shall be disqualified for 120 days following the end of the period
covered by the grant of assistance. The administrator shall give recipients
written notice that they are disqualified as soon as the administrator
has sufficient knowledge and information to render a decision of ineligibility.
B.
Fraud. People who commit fraud are disqualified from receiving
assistance for a period of 120 days (see § 11.6.4, Fraud,
of this title). The administrator shall give recipients written notice
that they are ineligible as soon as the administrator has sufficient
knowledge and information to render a decision. If the disqualification
for fraud is issued before the expiration of a grant of assistance,
the period of ineligibility shall commence on the day following the
end of the period covered by the grant of assistance. If fraud is
discovered after the period covered by the grant of assistance has
expired, the period of ineligibility will commence on the day of the
written notice of ineligibility.
An applicant who is found ineligible for unemployment compensation
benefits because of a finding of fraud by the Department of Labor
pursuant to 26 M.R.S.A. § 1051(1) is ineligible to receive
general assistance to replace the forfeited unemployment compensation
benefits for the duration of the forfeiture established by the Department
of Labor (22 M.R.S.A. § 4317).
