[Adopted 11-13-2013 by Ord. No. 13-08. Amendments noted where applicable.]
A.
Recipients.
(1)
The municipality may recover the full amount of assistance granted
to a person from either the recipient or from any person liable for
the recipient, or his or her executors or administrators in a civil
action. However, prior to recovering assistance granted, the municipality
shall "offset" the value of any workfare performed by a GA recipient,
at a rate not less than minimum wage.
(2)
Prior to taking a recipient to court to recover the amount of
assistance, the municipality will seek voluntary repayment from the
recipient by notifying him/her, in writing, and discussing it with
the recipient. The municipality shall not attempt to recover such
costs if, as a result of the repayment, the person would again become
eligible for general assistance (22 M.R.S.A. § 4318).
B.
Recipients anticipating workers' compensation benefits.
(1)
The municipality shall claim a lien for the value of all general
assistance payments made to a recipient on any lump sum payment made
to that recipient under the Workers' Compensation Act or similar
law of any other state (22 M.R.S.A. § 4318, 39-A M.R.S.A.
§ 106). After issuing any general assistance on behalf of
a recipient who has applied for or is receiving workers' compensation,
the municipality shall file a notice of the municipal lien with the
general assistance recipient and the Office of Secretary of State,
Uniform Commercial Code Division.
(2)
The notice of lien shall be filed on a UCC-1 form which must
be signed by the recipient of general assistance who has applied for
or is receiving workers' compensation. Any general assistance
applicant who has applied for or who is receiving workers' compensation
benefits and who refuses to sign a properly prepared UCC-1 form will
be found ineligible to receive general assistance until he or she
provides the required signature. The municipality shall also send
a photocopy of that filing to the recipient's workers' compensation
attorney, if known, the applicant's employer or the employer's
insurance company, and, at the administrator's discretion, to
the Workers' Compensation Board. The lien shall be enforced at
the time any lump-sum workers' compensation benefit is issued.
C.
Recipients of SSI. All applicants who receive general assistance
while receipt of their Supplemental Security Income (SSI) assistance
is pending or suspended, and which therefore may be retroactively
issued to the applicant at a later date, will be required to sign
a statement on an Interim Assistance Agreement form distributed by
the DHHS that authorizes the Social Security Administration to direct
a portion of any retroactive SSI payment to the municipality and/or
the state in repayment for the general assistance granted. Any general
assistance applicant who has applied for or who may be applying for
SSI, or who may be required to apply for SSI pursuant to 22 M.R.S.A. § 4317,
and who refuses to sign the Interim Agreement SSI authorization form
will be found ineligible to receive general assistance until he or
she provides the required signature (22 M.R.S.A. § 4318).
D.
Relatives. The spouse of an applicant, and the parents of any
applicant under the age of 25, are liable for the support of the applicant
(22 M.R.S.A. § 4319). In addition, grandchildren, children,
parents and grandparents are liable for the burial costs of each other.
The municipality considers these relatives to be available resources
and liable for the support of their relatives in proportion to their
respective ability. The municipality may complain to any court of
competent jurisdiction to recover any expenses made on the behalf
of a recipient if the relatives fail to fulfill their responsibility
(22 M.R.S.A. § 4319).
