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-IV - ELIGIBILITY

Current through 2024-29, July 17, 2024
A. Applications.
In order to receive General Assistance from any municipality,
				  an individual or a duly authorized representative must file a written
				  application with the overseer, except as provided in
				  22 M.R.S.
				  §4304(3).
1. Any person eligible pursuant to
				22 M.R.S.
				§4301(3) who makes an
				application for General Assistance, who has not applied for General Assistance
				in any municipality or unorganized territory within the state, shall have their
				eligibility determined solely on the basis of need.
2. Requests for General Assistance beyond the
				initial 30-day eligibility period require a recipient to submit a new
				application, and the municipality to make a new eligibility determination, at
				the start of each new 30-day eligibility period.
a. A municipality determines the period of
				eligibility, which cannot exceed 30 days.
i.
				If eligibility is determined on a weekly or daily basis, the municipality must
				calculate the amount of unmet need using figures applicable to that same time
				period.
ii. If eligibility has been
				determined for a 30-day period, but assistance is given for shorter intervals,
				the municipality is not required to re-determine eligibility during that
				shorter time period.
iii. Nothing
				in this section prohibits a municipality from re-determining eligibility at any
				time during that 30-day period.
b. Every re-application must be determined
				without regard to past decisions. In the event that an error was made in the
				past and General Assistance was provided when it should not have been, this
				does not set a precedent for prospective determinations.
3. Decisions are to be rendered within 24
				hours of application, even if the next business day falls outside of that
				timeframe.
a. If there is insufficient or
				questionable information, and a determination of eligibility cannot be made, a
				denial shall be issued based on the fact that the administrator is unable to
				determine eligibility.
i. If denied for
				insufficient information, the applicant shall be directed to obtain the
				necessary information and submit it the next business day.
b. In the event of an "emergency," sufficient
				assistance to alleviate the emergency shall be provided until the next business
				day.
4. Emergency
				Applications. Some applications could be treated as an emergency.
a. The municipality may determine that there
				is an emergency that, if not alleviated immediately, could pose a threat to the
				health and safety of the applicant or a member of the household. The
				municipality may also determine that an emergency is imminent and that the
				failure of the municipality to provide assistance may result in undue hardship
				and unnecessary cost.
i. If, after discussion
				with a potential applicant, the municipality determines that an emergency or
				imminent emergency exists, the municipality must ensure that the applicant is
				allowed to apply for General Assistance that same day.
ii. When the municipality determines that an
				emergency or an imminent emergency exists, and the applicant is eligible for
				General Assistance, assistance adequate to alleviate the emergency must be
				granted immediately.
a) When necessary,
				municipalities may disregard their maximum levels of assistance during an
				emergency or an imminent emergency situation. It is not necessary to provide
				long term assistance or a permanent solution in an emergency. Assistance of a
				type and amount that will alleviate the immediate threat to life or safety or
				that will help to alleviate any undue hardship or unnecessary cost will
				suffice.
b. It
				is the responsibility of the applicant to supply the municipality with any
				information necessary to determine if an eligible household is in an emergency
				situation.
c. When a household
				member is currently disqualified for false representation, not meeting work
				requirements, or not using potential resources, the disqualified member is not
				eligible for emergency assistance.
i. The
				remaining household members may still be eligible.
d. When the applicant household could have
				averted the emergency situation by using their income or resources for basic
				necessities, the municipality is not required to grant emergency
				assistance.
e. Municipalities shall
				presume eligibility for persons who are provided shelter in an emergency
				shelter for the homeless located in that municipality.
i. Municipalities may arrange with emergency
				shelters for the homeless to presume eligibility on behalf of the municipality
				when there is an individual agreement on file and available for
				review.
ii. When residents of an
				emergency shelter apply for assistance, the municipality must inform them that
				any income or resources they have are to be utilized for current needs,
				including emergency shelter costs. The same rules of eligibility are to be
				utilized as with other applications.
iii. The duration of presumed eligibility
				shall not exceed 30 days within a 12-month period.
iv. Full eligibility must be verified prior
				to assistance issued subsequent to the presumed period of
				eligibility.
v. When presumptive
				eligibility is determined under this subsection, no other municipality may be
				determined to be the municipality of responsibility during the 30-day period of
				presumption.