An Act to Change the Temporary Assistance for Needy Families Program Requirements by Reducing Benefits Commensurate with a Recipient's Salary, Reducing the Special Housing Allowance and Limiting Eligibility for 2-parent Families
Maine Legislature, Session 131, LD 1448
Committee: Health and Human Services
Sponsors: BRAKEY
Amends: 22 MRSA §3762

Legislative Document
No. 1448
S.P. 566
In Senate, March 30, 2023
An Act to Change the Temporary Assistance for Needy Families 
Program Requirements by Reducing Benefits Commensurate with a 
Recipient's Salary, Reducing the Special Housing Allowance and 
Limiting Eligibility for 2-parent Families
Reference to the Committee on Health and Human Services suggested and ordered printed.
DAREK M. GRANT
Secretary of the Senate
Presented by Senator BRAKEY of Androscoggin.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  22 MRSA §3762, sub-§3, ¶B, as corrected by RR 2021, c. 2, Pt. B, §176, 
is amended by amending subparagraph (3) to read:
(3)  To provide benefits to 2-parent families with children using the same eligibility 
requirements as apply to families headed by a single custodial parent or caretaker 
relative when a child in the family is deprived of support or care as a result of a 
parents' physical or mental incapacity;
Sec. 2.  22 MRSA §3762, sub-§3, ¶B, as corrected by RR 2021, c. 2, Pt. B, §176, 
is amended by amending subparagraph (6) to read:
(6)  To provide a special housing allowance for TANF families whose shelter 
expenses for rent, mortgage or similar payments, homeowners insurance and 
property taxes equal or exceed 50% of their monthly income excluding any income 
disregarded pursuant to subparagraph (7‑D), divisions (a) and (b).  The special 
housing allowance is limited to $300 $200 per month for each family.  For purposes 
of this subparagraph, "monthly income" means the total of the TANF monthly 
benefit and all income countable under the TANF program, plus child support 
received by the family, excluding the $50 pass-through payment;
Sec. 3.  22 MRSA §3762, sub-§3, ¶B, as corrected by RR 2021, c. 2, Pt. B, §176, 
is amended by amending subparagraph (7-C) to read:
(7-C) In determining financial eligibility for applicants benefit levels for TANF 
recipients who have earnings from employment, the department shall disregard 
from monthly earnings the following:
(a)  One hundred and eight dollars;
(b)  Fifty percent of the remaining earnings that are less than the federal 
poverty level; and
(c)  All actual child care costs necessary for work, except that the department 
may limit the child care disregard to $175 per month per child or $200 per 
month per child under 2 years of age or with special needs;
(d)  For a recipient employed 40 hours or more per week who meets work 
participation requirements provided in federal regulations:
(i)  One hundred percent of the gross income earned for the first 2 
consecutive months of employment;
(ii)  Seventy-five percent of the gross income earned for the 3rd to 9th 
consecutive months of employment; and
(iii)  Fifty percent of the gross income earned for each additional 
consecutive month of employment; and
(e)  For a recipient employed less than 40 hours per week who meets work 
participation requirements provided in federal regulations:
(i)  One hundred percent of the gross income earned for the first 2 
consecutive months of employment;
(ii)  Seventy-five percent of the gross income earned for the 3rd to 9th 
consecutive months of employment; and
(iii)  Fifty percent of the gross income earned for each additional 
consecutive month of employment.
Sec. 4.  22 MRSA §3762, sub-§3, ¶B, as corrected by RR 2021, c. 2, Pt. B, §176, 
is amended by repealing subparagraph (7-D).
Sec. 5.  22 MRSA §3762, sub-§3, ¶B, as corrected by RR 2021, c. 2, Pt. B, §176, 
is amended by repealing subparagraph (7-E).
Sec. 6.  22 MRSA §3762, sub-§3, ¶B, as corrected by RR 2021, c. 2, Pt. B, §176, 
is amended by repealing subparagraph (7-F).
Sec. 7.  22 MRSA §3762, sub-§3, ¶B, as corrected by RR 2021, c. 2, Pt. B, §176, 
is amended by amending subparagraph (9) to read:
(9)  In cases when the TANF recipient has child care costs, the department shall 
determine a total benefit package, including TANF cash assistance, determined in 
accordance with subparagraph (7‑D) (7-C) and additional child care assistance, as 
provided by rule, necessary to cover the TANF recipient's actual child care costs 
up to the maximum amount specified in section 3782‑A, subsection 5, paragraph 
B.  The benefit amount must be paid as provided in this subparagraph.
(a)  Before the first month in which child care assistance is available to an 
ASPIRE-TANF recipient under this paragraph and periodically thereafter, the 
department shall notify the recipient of the total benefit package and the 
following options of the recipient: to receive the total benefit package directly; 
or to have the department pay the recipient's child care assistance directly to 
the designated child care provider for the recipient and pay the balance of the 
total benefit package to the recipient.
(b)  If an ASPIRE-TANF recipient notifies the department that the recipient 
chooses to receive the child care assistance directly, the department shall pay 
the total benefit package to the recipient.
(c)  If an ASPIRE-TANF recipient does not respond or notifies the department 
of the choice to have the child care assistance paid directly to the child care 
provider from the total benefit package, the department shall pay the child care 
assistance directly to the designated child care provider for the recipient.  The 
department shall pay the balance of the total benefit package to the recipient;
Sec. 8.  22 MRSA §3762, sub-§3 as corrected by RR 2021, c. 2, Pt. B, §176 is 
amended by enacting at the end a new subparagraph (1) to read:
(1)  The department may disregard only one time during any 12-month period 
100% of earnings for a recipient as provided under division (d), subdivision (i) and 
division (e), subdivision (i);
SUMMARY
This bill amends the Temporary Assistance for Needy Families program in the 
following ways.
1. It changes the standard for eligibility for providing benefits to 2-parent families with 
children to when deprivation is based on physical or mental incapacity.
2. It reduces the special housing allowance from $300 per month to $200 per month 
and adjusts the calculation of housing expenses to monthly income from 50% to 75%.
3. It establishes disregards for employment earnings of 100% of the gross income 
earned for the first 2 consecutive months of employment, 75% of the gross income earned 
for the 3rd to 9th consecutive months of employment and 50% of the gross income earned 
for each additional consecutive month of employment.