Unless otherwise apparent or defined, all words in this chapter
will have their common meanings.
As used in this chapter, the following terms shall have the
meanings indicated:
See "General Assistance Administrator," below.
A person who has submitted an application for GA directly
or through an authorized representative, or who has, in an emergency,
requested assistance without first completing an application. All
persons on whose behalf an authorized application has been submitted
or on whose behalf benefits have been granted shall be considered
applicants.
A standardized form used by the Administrator to allow a
person to apply for GA benefits. The application form also confirms
that a person has made an application. The application form is not
complete unless signed by the applicant.
Food, clothing, shelter, fuel, electricity, potable water, nonelective
essential medical services as prescribed by a physician, nonprescription
drugs, basic telephone service where it is necessary for medical or
work related reasons, property taxes when a tax lien placed on the
property threatens the loss of the applicant's place of residence,
and any other commodity or service determined essential by the municipality.
"Basic necessities" does not include:
Phone bills.
Cable or satellite dish television.
Mail orders.
Vehicle payments.
Credit card debt. (NOTE: Repayments of loans or credit will
be treated as having been spent on basic necessities when the applicant
can provide verification of this fact.)
Furniture.
Loan repayments. (NOTE: Repayments of loans or credit will be
treated as having been spent on basic necessities when the applicant
can provide verification of this fact.)
Cigarettes.
Alcohol.
Pet care costs.
Vacation costs.
Legal fees.
Late fees.
Key deposits.
Security deposits for rental property (except when no other
permanent lodging is available unless a security deposit is paid,
and a waiver, deferral or installment arrangement cannot be made between
landlord and tenant to avoid need for immediate payment of the security
deposit in full) (22 M.R.S.A. § 4301, Subsection 1).
An official file containing application forms; correspondence;
narrative records and all other communications pertaining to an applicant
or recipient; written decisions regarding eligibility, including reasons
for those decisions, and types and amounts of assistance provided;
records concerning an applicant's request for fair hearing; and fair
hearing decisions.
All state and federal income maintenance programs.
A person who has requested a fair hearing.
An applicant's deficit is the appropriate overall maximum level of assistance for the household (see § 113-6.8 of this chapter) less the household income (calculated pursuant to § 113-6.7 of this chapter), provided that this calculation yields a positive number. If the household income is greater than the appropriate overall maximum level of assistance, the household has no deficit.
A person who is presently unable to work or maintain a home
due to a physical or mental disability that is verified by a physician
or qualified mental health provider.
A building or part thereof used for separate living quarters
for one or more persons living as a single housekeeping unit (22 M.R.S.A.
§ 4301, Subsection 2).
A person who is qualified to receive GA benefits from the municipality according to the eligibility standards in this chapter, Maine law (22 M.R.S.A. Ch. 1161), and DHHS regulations (10-144 CMR Ch. 323). If otherwise qualified, "eligible person" includes U.S. citizens; non-U.S. citizens who are lawfully present in the United States as described in 8 U.S.C. § 1621(a)(1) through (3); and non-U.S. citizens who are pursuing a lawful process to apply for immigration relief. Assistance for noncitizens pursuing a lawful process for immigration relief shall not exceed 24 months beginning with assistance provided after July 1, 2015. "Eligible person" does not include a fugitive from justice as defined in 15 M.R.S.A. § 201, Subsection 4.
Any life threatening situation, or a situation beyond the
control of the individual which, if not alleviated immediately, could
reasonably be expected to pose a threat to the health or safety of
a person. At the municipality's option, it includes a situation which
is imminent and which may result in undue hardship or unnecessary
cost to the individual or municipality if not resolved immediately
(22 M.R.S.A. §§ 4301, Subsection 4, 4308, Subsection
2, and 4310).
A service administered by a municipality for the immediate
aid of persons who are unable to provide the basic necessities essential
to maintain themselves or their families. A GA program provides a
specific amount and type of aid for defined needs during a limited
period of time and is not intended to be a continuing "grant-in-aid"
or "categorical" welfare program. This definition shall not lessen
the municipality's responsibility to provide GA benefits to a person
each time that the person is in need and is found to be eligible to
receive GA (22 M.R.S.A. § 4301, Subsection 5).
Benefits provided to a person through the GA program.
A municipal official designated to receive applications,
make decisions concerning an applicant's right to receive assistance,
and prepare records and communications concerning assistance. He or
she may be an elected overseer or an authorized agent, such as a town
manager, welfare director, or caseworker (22 M.R.S.A. § 4301,
Subsection 12).
A situation in which a person or household is: a) living
in a place that is not fit for human habitation; b) living in an emergency
shelter; c) living in temporary housing, including but not limited
to a hotel, motel, campground, unlicensed campsite or rehabilitation
facility; d) exiting a hospital or institution licensed under 22 M.R.S.A.
Ch. 405 or a correctional facility where the person or household resided
for up to 90 days if the person or household was in an emergency shelter
or a place not fit for human habitation before entering the hospital,
institution or correctional facility; e) losing the person's or household's
primary nighttime residence and lacking the resources or support networks
to remain in that residence; or f) fleeing or attempting to flee violence
and has no other residence.
An individual or a group of individuals who share a dwelling
unit. When an applicant shares a dwelling unit with one or more individuals,
even when a landlord-tenant relationship may exist between individuals
residing in the dwelling unit, eligible applicants may receive assistance
for no more than their pro rata share of the actual costs of the shared
basic needs of that household according to the maximum levels of assistance
established in this chapter. The pro rata share is calculated by dividing
the maximum level of assistance available to the entire household
by the total number of household members. The income of household
members not legally liable shall be considered as available to the
applicant only when there is a pooling of income (22 M.R.S.A. § 4301,
Subsection 6).
Any form of income in cash or in kind received by the household,
including:
Net remuneration for services performed;
Cash received on either secured or unsecured credit;
Payments received as an annuity, retirement or disability benefit;
Veterans' pensions and/or benefits;
Retirement accounts or benefits;
Workers' compensation payments;
Unemployment benefits;
Federal and/or state tax returns;
Income from pension or trust funds;
Student loans;
Benefits under any state or federal categorical assistance program,
such as TANF, supplemental security income, social security and any
other payments from governmental sources (unless specifically prohibited
by any law or regulation);
Court-ordered support payments (e.g., child support);
Household income from any other source, including relatives
or unrelated household members; and
Rental income.
The following items will not be considered as income or assets
that must be liquidated for the purposes of deriving income:
Real or personal income-producing property, tools of trade,
and governmental entitlements specifically treated as exempt assets
by state or federal law;
Actual work-related expenses, whether itemized or by standard
deduction, such as taxes, retirement fund contributions, union dues,
transportation costs to and from work, special equipment costs and
child care expenses; or
Earned income of children below the age of 18 years who are
full-time students and who are not working full time.
|
In determining need, the period of time used as a basis for
the calculation shall be a thirty-day period commencing on the date
of the application. This prospective calculation shall not disqualify
an applicant who has exhausted income to purchase basic necessities,
provided that the income does not exceed the income standards established
by the municipality (22 M.R.S.A. § 4301, Subsection 7).
|
Benefits received pursuant to public benefit programs that are
specifically exempt from being counted as income for purposes of GA.
These programs include:
Food stamps [7 U.S.C. § 2017(b)].
Li-Heap (42 U.S.C. § 8624).
Family development accounts (22 M.R.S.A. § 3762).
Americorp VISTA program benefits [42 U.S.C. § 5044
(f)].
Property tax rebates issued under the Maine Property Tax Fairness
Credit program, but only if the money is spent on basic necessities
(22 M.R.S.A. § 4301, Subsection 7).
ASPIRE support service payments (10-144 CMR Ch. 323).
A person who has not previously applied for GA assistance
in this or any other municipality.
A valid, verifiable reason that hinders an individual from
complying with one or more conditions of eligibility or from attending
a scheduled fair hearing (22 M.R.S.A. §§ 4301, Subsection
8, and 4316-A, Subsection 5).
A one-time or typically nonrecurring sum of money issued
to an applicant or recipient. "Lump sum payment" includes, but is
not limited to, retroactive or settlement portions of social security
benefits, workers' compensation payments, unemployment benefits, disability
income, veterans' benefits, severance pay benefits, or money received
from inheritances, lottery winnings, personal injury awards, property
damage claims or divorce settlements. A lump sum payment includes
only the amount of money available to the applicant after required
deductions have been taken from the gross lump sum payment. A lump
sum payment does not include conversion of a nonliquid resource to
a liquid resource if the liquid resource has been used or is intended
to be used to replace the converted resource or for other necessary
expenses (22 M.R.S.A. § 4301, Subsection 8-A).
A fact that necessarily has some bearing on the determination
of an applicant's GA eligibility, and which would, if disclosed to
the Administrator, have some determinable effect on the calculation
of eligibility or the issuance of a grant of assistance.
The amount of financial assistance for a commodity or service
as established in § 133-6.8 of this chapter or the actual
cost of any such basic necessity, whichever is less.
For purposes of the GA work requirement (22 M.R.S.A. § 4316-A),
"misconduct" shall have the same meaning as "misconduct" in 26 M.R.S.A.
§ 1043(23). (See Appendix I[1] of this chapter.) Generally, misconduct occurs when an
employee violates his or her obligations to the employer. Employees
who engage in a pattern of irresponsible behavior to the detriment
of the employer's interest may also be found guilty of misconduct.
Any city, town or plantation administering a GA program.
The municipality which is financially liable for the support
of an eligible person at the time of application (22 M.R.S.A. §§ 4301,
Subsection 9, and 4307).
The condition whereby a person's income, money, property,
credit, assets or other resources available to provide basic necessities
for the individual and the individual's family are less than the maximum
levels of assistance (22 M.R.S.A. §§ 4301, Subsection
10, and 4308).
Those direct costs incurred by a municipality in providing
assistance to eligible persons according to standards established
by the municipal officers. These do not include the administrative
expenses of the GA program (22 M.R.S.A. §§ 4301, Subsection
11, and 4311).
The time for which a person has been granted assistance.
The period of eligibility may vary depending on the type of assistance
provided; however, in no event shall this period extend beyond one
month (22 M.R.S.A. § 4309, Subsection 1).
The financial relationship among household members who are
not legally liable for mutual support in which there occurs any commingling
of funds or sharing of income or expenses. This chapter establishes
a rebuttable presumption that persons sharing the same dwelling unit
are pooling their income. Applicants who request that the determination
of eligibility be calculated as though one or more household members
are not pooling their income have the burden of rebutting the presumed
pooling of income.
Any land, buildings, homes, mobile homes and any other things
affixed to the land (22 M.R.S.A. § 4301, Subsection 13)].
A person who has applied for and is currently receiving GA.
A shared living residence for persons recovering from substance
use disorder, that is focused on peer support, provides to its residents
an environment free of alcohol and illegal drugs and assists its residents
by connecting the residents to support services or resources in the
community that are available to persons recovering from substance
use disorder (5 M.R.S.A. § 20003, Subsection 19-D).
An individual registered as the domestic partner of the applicant
pursuant to 22 M.R.S.A. § 2710.
All applicants for GA benefits that are not initial applicants
are repeat applicants. For purposes of this chapter "repeat" and "subsequent"
shall have the same meaning.
A person who is physically present in a municipality with
the intention of remaining in that municipality in order to maintain
or establish a home and who has no other residence. A person who applies
for assistance in a municipality who is not a resident of that municipality
or any other municipality is the responsibility of the municipality
where the person first applies. That municipality must take an application
and grant assistance to the applicant if he/she is eligible, until
he/she establishes a new residence in another municipality (22 M.R.S.A. § 4307).
"Resources" includes any program, service, or other source of
support which is an alternative to or supplement for GA. There are
two kinds of resources: "available" and "potential." Potential resources
are programs, services, nonliquid assets, or trusts that typically
require people to apply in writing and/or wait a period of time before
eligibility is determined or the potential income is released.
Potential resources include, but are not limited to, state or
federal assistance programs, employment benefits, governmental or
private pension programs, available trust funds, support from legally
liable relatives, child support payments, and jointly held resources
where the applicant or recipient share may be available to the individual
(22 M.R.S.A. § 4317). Potential resources include the TANF
(previously known as "AFDC") program, food stamps, fuel assistance
(HEAP), subsidized housing, and similar programs.
Available resources include resources which are immediately
available to the applicant or which can be conveniently secured by
the applicant without delay, such as cash on hand or in bank accounts,
assets for which there is an immediate and available market, or support
from relatives which is being made available at the time of application
and for which the applicant does not have to take any unreasonable
steps to secure (e.g., relocation beyond the immediate region). At
the discretion of the Administrator, a minimum balance required by
a financial institution in order to obtain free checking or in order
to maintain the account shall not be considered an available resource.
The Administrator reserves the right to inform GA clients of
services, commodities or facilities made available by private organizations
or charities; however, eligibility for GA benefits shall not be based
or conditioned on the use of a private charitable resource(s).
An applicant's thirty-day need is the sum of the household's
prospective thirty-day costs, from the date of application, for the
various basic necessities. For the purpose of this calculation, the
thirty-day cost for any basic need shall be the household's actual
thirty-day cost for the basic necessity or the maximum thirty-day
cost for the basic necessity as established by this chapter, whichever
is less.
A repeat applicant who has not applied for assistance within
the last 12 months and who has been regularly employed or receiving
support from a public benefit program or private source and who has
unexpectedly become unemployed through no fault of their own or whose
benefits (e.g., through an available resource) have ceased through
no fault of their own.
An applicant's unmet need is the household's thirty-day need (established by § 113-6.6 of this chapter) less the household income (calculated pursuant to § 113-6.7 of this chapter), provided such a calculation yields a positive number. If the household income is greater than the household's thirty-day need, the household does not have an unmet need.
Work requirements are obligations the Administrator places
on applicants as directed and/or authorized by 22 M.R.S.A. § 4316-A
to the extent such obligations 1) ensure a continuing potential eligibility
for GA when complied with, 2) result in ineligibility when violated,
and 3) are not merely optional, discretionary, or advisory. Work requirements
include registering for work, looking for work in good faith, accepting
all suitable job offers, maintaining employment, performing workfare,
and participating in training, educational, or rehabilitation programs
that will assist the participant in securing employment.
[1]
Editor's Note: Appendix I, Misconduct, is included as an attachment to this chapter.
