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

Current through 2024-29, July 17, 2024
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