Code of Maine Rules
10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES
144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL
Chapter 323 - MAINE GENERAL ASSISTANCE MANUAL
Section 144-323-II - DEFINITIONS
ADDRESS CONFIDENTIALITY PROGRAM
The Address Confidentiality Program (ACP), administered by the Secretary of State, provides confidentiality for victims of domestic violence, stalking or sexual assault and requires state and local agencies and the courts to accept a designated address as the program participant's address when creating a public record. When an applicant or recipient verifies that they are a certified participant in the Address Confidentiality Program, the designated address is the only address accepted and provided. Any correspondence with the applicant or recipient is sent to the designated address. If the municipality releases information by permission from the applicant or recipient or due to a subpoena, the only address provided is the designated address.
ADMINISTRATOR
A person or persons selected by a municipality responsible for the operation of their General Assistance Program.
ALLOWABLE EXPENSES
The applicant's cost for basic necessities up to the maximum levels of assistance as provided in municipal ordinance. In addition to items listed at 22 M.R.S. §4301(1) and (7)(B), allowable expenses include verified expenses for mandated child support or alimony.
APPLICATION FORM
A form, paper or electronic based, provided by the administrator upon which a General Assistance applicant provides the information required to make a determination of eligibility.
AVAILABLE RESOURCES
Any asset, income or other source of support that can be accessed by the applicant to alleviate the need for General Assistance. Potential Resources are not considered Available Resources.
BACK BILLS
Outstanding charges for goods and services received prior to the current General Assistance application.
BASIC NECESSITIES
Food, clothing, shelter, fuel, electricity, non-elective medical services as recommended by a physician, nonprescription drugs, telephone where it is necessary for medical reasons, and any other commodity or service determined essential by the overseer in accordance with the municipal ordinance, 22 M.R.S. Ch. 1161 and this manual.
BUDGET
A mathematical calculation comparing income and expenses for the applicable time period.
CASE RECORD
Official file containing forms, correspondence, narrative records and all other relevant information pertaining to an applicant or recipient. The case record must include all signed General Assistance applications, determinations of initial or subsequent eligibility, reasons for decisions, actions by the General Assistance administrator, types of assistance provided to each recipient, and all other verifications required in this manual, statute or municipal ordinance.
DEFICIT
The difference resulting from subtracting a household's net income from the municipal overall maximum for the appropriate household size.
DEPARTMENT OF HEALTH AND HUMAN SERVICES
The Maine Department of Health and Human Services (DHHS), also referenced as "The Department," provides health and social services to individuals in Maine, including children, families, older Mainers, and individuals with disabilities, mental illness, and substance use disorders.
EARNED INCOME
Wages or Income in Kind derived by providing goods or services to an individual, company, organization, or other entity.
ELIGIBLE PERSON
A. "Eligible person" does not include a person who is a fugitive from justice as defined in 15 M.R.S. §201(4).
B. Unless ineligible per A above, an Eligible person may be either-
1. A U.S. Citizen or Lawful Permanent Resident or
2. In accordance with 8 U. S. C. § 1621(d), an individual pursuing a lawful process to apply for immigration relief, except that assistance for those pursuing a lawful process may not exceed 24 months- to qualify to receive General Assistance from the municipality or the Department of Health and Human Services according to the standards of eligibility set forth in statute, Department of Health and Human Services policy, and municipal ordinance.
EMERGENCY
Homelessness, or any other 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; a situation which is imminent and which may result in homelessness, undue hardship, or unnecessary cost if not resolved immediately.
FAMILY DEVELOPMENT ACCOUNTS (FDA)
Are the same as those defined in 20-A M.R.S. ch. 412-B1. The first $10,000 of funds and any accrued interest in an FDA cannot be used when determining eligibility for General Assistance.
GOOD CAUSE
Valid reasons for non-compliance with certain program requirements.
HOMELESSNESS
A situation in which a person or household is-
A. Living in a place that is not fit for human habitation, including, but not limited to, a car, abandoned building, park, or bus or train station;
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. Ch. 405, a correctional facility, or a recovery residence when either;
1. The person or household was in an emergency shelter or a place not fit for human habitation before entering the hospital, institution, correctional facility, or recovery residence; or
2. The person or household does not have permanent housing available upon exiting the hospital, institution, correctional facility or recovery residence
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, exploitation in the form of human trafficking, or persecution as a member of any group or category protected under law, and has no other residence.
HOUSEHOLD
Has the same meaning as defined in 22 M.R.S. §4301(6)2 .
Residents of a Recovery Residence are not considered a shared household and do not have income calculated as pooled for the purposes of determining eligibility.
HOUSING ASSISTANCE
Payments made by, or on behalf of an individual, for rent or mortgage.
INCOME
Any form of income in cash or in kind (as defined below) received by the household, including net remuneration for services performed, cash received on either secured or unsecured credit, any payments received as an annuity, retirement, or disability benefits, veterans' pensions, workers' compensation, unemployment benefits, benefits under any state or federal categorical assistance program, supplemental security income, social security, and any other payments from governmental sources, unless specifically prohibited by any law or regulation, support payments, income from pension or trust funds and household income from any other source, including relatives or unrelated household members and any benefit received pursuant to 36, M.R.S. § 5219- KK and ch. 907. For repeat applicants, it also includes unverified expenditures or misspent money from the 30-day period prior to application. Federally funded Supplemental Nutrition Assistance Program (SNAP) benefits cannot be considered as income or a resource ( 7 C.F.R. § 272.1) .
IN KIND INCOME
Payments made to, or on behalf of, an applicant either monetary or in the form of a commodity.
LAWFULLY PRESENT
A person lawfully present is a person described in 45 C.F.R., § 152.2(1) to (7) or a person with deferred action under the United States Department of Homeland Security's deferred action for childhood arrivals process, as defined in the Secretary of Homeland Security's June 15, 2012 memorandum.
LUMP SUM PAYMENT
A one-time payment issued to an applicant or recipient prior to or subsequent to applying for General Assistance. Lump sum payment includes, but is not limited to- retroactive or settlement portions of social security benefits, worker's 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 payment of required deductions has been made from the gross lump sum payment. A lump sum payment does not include conversion of a non-liquid 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. Funds contributed to Family Development Accounts (see above) are not to be considered lump sum payments.
MAINECARE Maine's Medicaid Program.
MARKET BASKET SURVEY
An acceptable method for determining food costs in a municipality. All the basic food groups shall be included in the market basket survey to ensure a balanced and nutritionally sound diet. Sources of information on nutrition may be the University of Maine Extension Services, Department of Education Nutrition Program, the Department of Health and Human Services nutritionist, nutritionist at the local hospital, etc. The food standard shall be flexible enough to allow additional foodstuffs for people with special dietary needs such as- diabetics, elderly, no cooking facilities, etc.
MAXIMUM LEVEL OF ASSISTANCE
The maximum benefit level, as established by ordinance, for an eligible household or for each individual basic necessity.
MINOR
Someone under the age of 18, who has not married.
MISSPENT INCOME
Misspent income includes income-in-kind received, or paid for, by a General Assistance repeat applicant from sources, including friends or relatives, for the payment of bills that are considered unnecessary costs, such as cable bills, credit card debt, court fines and related court costs, payments to reimburse a municipality for false representation, tobacco and alcohol products, etc., and will be considered as available to the applicant when determining use of income for the previous 30-day period.
NARRATIVE STATEMENT
A brief, written statement that explains case actions. Narrative statements are required for all applications for General Assistance.
NEED
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 established by the municipality.
NET GENERAL ASSISTANCE COST
The total amount of General Assistance paid by a municipality excluding any administrative costs.
NET INCOME An applicant's 30-day projected income after allowable deductions, credits, taxes and work related expenses are subtracted from the applicant's gross income. For repeat applicants, net income includes income either misspent or not accounted for during the prior 30-day period.
OVERSEER
"Overseer" means an official designated by a municipality to administer a General Assistance Program. The municipal officers shall serve as a board of overseers if no other persons are appointed or elected.
PERIOD OF ELIGIBILITY
The time for which a person has been granted General Assistance. Such period begins on the date of application for General Assistance and continues for the period stated on the decision. The period of eligibility may vary depending on the type of assistance provided; however, in no event shall such a period extend beyond 30 days.
POOLING OF INCOME
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. There is a rebuttable presumption that persons sharing the same dwelling unit are pooling their income. Applicants who are requesting 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 presumption of pooling income by providing verification that they are not doing so. Applicants who request assistance while residing in a Recovery Residence are not considered to have commingling funds.
POTENTIAL RESOURCES
Sources of financial assistance, including programs, services, non-liquid assets or trusts which typically require people to apply in writing and/or wait a period of time before eligibility is determined or the potential income is released.
PROPERTY TAX FAIRNESS CREDIT
For tax years beginning on or after January 1, 2013, a Maine resident individual is allowed a property tax fairness credit as computed by the Maine Revenue Service ( 36 M.R.S. §5219-II) . Any benefit received under Title 36, chapter 907 and Title 36, Section 5219-II, unless used for basic necessities as described above, will counted as income.
PURSUING A LAWFUL PROCESS TO APPLY FOR IMMIGRATION RELIEF
The act of taking reasonable, good faith steps to apply for immigration relief, within twelve months of arrival to the United States, with the U.S. Citizenship and Immigration Services or before an immigration judge or federal court.
A. For an applicant in good faith pursuing a lawful process to apply for immigration relief through the courts, proof shall consist of a completed application. Alternatively, for those who have not yet filed a completed application, proof shall consist of (1) a notice to appear in court, issued subsequent to an individual's request for asylum, from a U.S. Government official such as a border patrol agent or immigration officer, and (2) a copy of an alien's completed change of address form (EOIR-33/IC), if applicable, and (3) a confirmed date for a "master calendar hearing," if scheduled, and (4) an affidavit attesting to the good faith pursuit of asylum or other legal immigration status, which may be accompanied by supporting documentation, including but not limited to- medical records, birth or death certificates, newspaper articles, or reports from national or international human rights organizations.
or
B. For an applicant in good faith pursuing a lawful process to apply for immigration relief with the U.S. Citizenship and Immigration Services, proof shall consist of a completed application. Alternatively, for those who have not yet filed a completed application, proof shall consist of the applicant (1) providing an alien number, if one has been issued; and (2) an affidavit as described in the paragraph above attesting to the good faith pursuit of asylum or other legal immigration status.
PRESUMPTIVE ELIGIBILITY
Municipalities shall provide emergency benefits prior to full verification when-
A. The applicant applies for General Assistance and reports that they have an emergency situation that requires immediate assistance to alleviate or prevent any threat to life safety and;
B. The administrator can reasonably presume, after an initial interview, that the applicant will be eligible for General Assistance upon full verification and;
C. The duration of presumed eligibility shall not exceed
1. 30 days in a 12-month period, for applicants who are not shelter guests, with full verification of eligibility upon the next available business day or;
2. 30 days in a 12-month period, for shelter guests residing in a shelter located in that municipality, with full verification of eligibility no later than 30 days from the initial date of application.
RECIPIENT
A person who has applied for and currently receives General Assistance.
RECOVERY RESIDENCE
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.
REHABILITATION FACILITY
An inpatient facility that is operated for the primary purpose of assisting in the rehabilitation of disabled persons through an integrated program of medical services and other services that are provided under competent professional supervision.
RELOCATION
The granting of financial assistance by a municipality to relocate and/or making arrangements for a person to relocate to another municipality. This includes finding shelter in another municipality or referral to a shelter in another municipality.
RESIDENT
A person who is physically present in a municipality with the intention of remaining in that municipality to maintain or establish a home and who has no other residence; or, a person who maintains a home in a municipality even if they are temporarily absent and they intend to return.
SHELTER COSTS
Rent, mortgage, taxes, and, if necessary, security deposits.
SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM (SNAP)
A food benefit program for needy households.
TEMPORARY ASSISTANCE FOR NEEDY FAMILIES (TANF)
A financial assistance program for needy families with dependent children.
UNEARNED INCOME
Unearned income is income acquired from investments and other sources unrelated to employment. Unearned income also includes unemployment compensation, taxable social security benefits, pensions, annuities, and distributions of unearned income from a trust or any other income not meeting the definition of earned income.
UNMET NEED
The difference between an applicant's allowed expenses for basic necessities and the applicant's available resources. Unmet need is calculated by subtracting a household's projected 30-day net income from the household's 30-day need, which is the sum of the applicant's actual 30-day expenses for basic necessities, up to the specific ordinance maximums.
UNNECESSARY COST
Costs added to basic necessities that are not allowable for General Assistance budget computations, such as late fees added to an eviction or repayment of General Assistance funds obtained through false representation.
WORKFARE
As a condition of eligibility, a municipality may require that an otherwise eligible person who is capable of working be required to perform work for the municipality or work for a nonprofit organization, commonly referred to as workfare.
The version most currently in effect applies. The text of this law can be found at
https://legislature.maine.gov/statutes/20-A/title20-Ach412-Bsec0.html . Copies may be requested by writing to:
General Assistance Program Manager
Maine DHHS, Office for Family Independence
11 State House Station
109 Capitol St.
Augusta, ME 04333-0011
The version most currently in effect applies. The text of this law can be found at https://legislature.maine.gov/statutes/22/title22sec4301.html . Copies may be requested by writing to:
General Assistance Program Manager
Maine DHHS, Office for Family Independence
11 State House Station
109 Capitol St.
Augusta, ME 04333-0011
