General Assistance in Maine
Untitled Document
CONTENTS
This is a general summary of Maine's General Assistance laws as of June 2004.
These laws may change from time to time.
As a general summary, this material is designed to answer only some basic questions
about General Assistance
If you are in need of General Assistance and have been denied, seek legal
help.
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If you need help with a General Assistance problem, you can call:
Pine Tree Legal Assistance
Pine Tree Legal provides legal help to people with General Assistance problems. Pine
Tree lawyers and paralegals can look at your case and help figure if you have been
unfairly denied and may also help you with your Fair Hearing and appeals.
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Pine Tree Legal Offices |
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Portland
88 Federal Street
P.O. Box 547
Portland, ME 04112-0547
774-8211 |
Augusta
39 Green Street
P.O. Box 2429
Augusta, ME 04338-2429
622-4731 |
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Bangor
61 Main Street
Bangor, ME 04401
942-8241
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Machias
1 School Street
Machias, ME 04654-1417
255-8656 |
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Presque Isle
373 Main Street
Presque Isle, ME 04769
764-4349 |
Lewiston
145 Lisbon Street
Lewiston, ME 04240
784-1558 |
Department of Human
Services
If you are unfairly denied General Assistance you can also call the Department at
1-800-442-6003 (TTY: 287-6948) and talk to the people who supervise how towns run their General Assistance
programs. They may get involved to make the towns pay the General Assistance you need.
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| What Is General Assistance? |
No one ever has all the money it takes for everything that may be wanted, but if there
is a gap between the money you have and what you truly need, you may want to know about
General Assistance (referred to after this as "GA").
It is a program run by every town to help people who don't have enough money to pay
their necessary expenses.
You may be eligible if your basic living costs are more than the money you have or can
earn.
Each town has rules about who can have this money. You have the right to read the rules
in the town office.
Where does the money come from?
Up to a certain amount, the state pays the town half of its GA
expenses. If the costs go higher, the state helps even more by paying
90% of all GA given out by the town.
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Who can apply?
Anyone can go to the town office and fill out an application. You will be asked to
write down your income, to tell what cash you have, and to give a list of all your
expenses, such as rent, heating fuel, electricity, food and other things you must pay for.
You will also be asked if you have any cash, bank accounts, cars, or other things of
value.
In an emergency, you can apply by phone.
Make sure you apply for everything you need. Make sure your application is complete
before you sign it.
Where do I apply?
You should apply at the town office. If there is no town office, ask the town clerk or
a selectperson.
Do I have to be a resident?
You are a resident of the town you are in, if you plan to live there. You cannot be turned down for GA
because the town says you are not a resident.
For example, if you get evicted from an apartment and have not found a new one yet, apply
in the town where you are.
What information will I need when I apply?
Your GA budget will be based on the 30-day period following your
application. The town will also look back to 30 days before you applied, to see what money
you received, and how you spent it.
You should make a list of all your household expenses, such as: rent or mortgage,
electricity, heating fuel (oil, wood, gas), cooking gas, water and sewer charges,
telephone, food\school lunches, clothing, medical, transportation, taxes, diapers and
laundry.
You should also take proof of all your monthly household income, such as: pay stubs,
bank books, checking statements, child support, worker's compensation, TANF,
SSI, Social
Security, payments from boarders, unemployment checks and self-employment income.
Try to bring papers that will help show what the income from everyone in your household
is. Some income cannot be counted, but you should tell the town what all your income is
anyway. The town can count income and money that you will receive in the 30 days after
you apply. They may also look at last month's income and expenses to see if they can count
any money you received, and to estimate what your income will be this month.
When can I apply?
The town must have reasonable hours for taking applications.
What about emergencies?
If you run out of heating oil or food or something else you really need, the town must
take an application at once. Look for a sign on the town office door that will tell you
how to apply in an emergency. You can also call the town clerk, a selectperson or the
local police and ask how you can apply. You may be able to get GA in an
emergency, even though you are not usually eligible.
Is the information I give on my application kept secret?
Yes. In general, the town must keep all the information you give them secret unless you
allow them to tell other people. The town will need to know who to pay your GA
vouchers to, such as your landlord. The town may also need to you give
permission for them to contact people who can verify your income and other necessary
information.
The town should tell you who they will contact. Anyone who is contacted can't tell
others that the town has called them about your GA application.
Your application must be taken in private and the person who takes your application
must treat you with respect. They should not embarrass you for asking for help. You can
ask the town to let someone be with you while you apply, like a friend or relative or
counselor.
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What if this is my first application?
If you have never applied for GA before, your application gets special treatment.
Because it is a "first application," the town can only look at whether:
- you are in need of help at that time,
- you quit your job, and
- you recently received a lump sum payment.
If you apply again, the town can look at other things, such as whether:
- you have been looking for work, and
- you have spent all of your income on necessities.
There is more information about some of these other eligibility conditions below.
If I own a home or a car, can I still get help if I need it?
Yes. If you can't pay your basic expenses, you can get help even if you own a home or a
car. Some towns set a limit on the value of the car, but if you need it to get
places like work,
school or the doctor, you can still own a car and get assistance.
If you own things which could be turned into cash, a town may ask you to sell some
things (such as second cars, snowmobiles, and other things that are not necessities)
in order to continue getting GA. Wait until you are told you should sell these things.
If the town tells you to sell something, they cannot deny you GA as long as you are
making a good faith effort to sell it.
If I Get Food Stamps, TANF, Social Security, Veterans
Benefits, Unemployment Or Worker's Compensation, can I still get GA?
Maybe. Apply anyway. If your income is less than your necessary expenses
and the program's income maximum, you should be considered.
Can the town make me apply for other programs?
Yes. The town can tell you that you need to apply for things like TANF, Food Stamps,
HEAP, SSI, Social Security Disability, and other public programs. The town can also say
that you have to get medical treatment or go to rehabilitation that is free, or try to get
child support you are entitled to. These are called "potential resources."
The town has to tell you in writing what to apply for, and give you at least seven days
to apply for it. You can get GA while you are waiting for the
resource, if you show that you applied.
The town can tell you about local charities that may help you out, but they can not
require you to go to a charity like a food bank or the Salvation Army.
The town can also contact your spouse if you are married, even if you are separated, to
see if you should be getting help from your spouse.
If you are under 25, the town may see if you parents can house you. If they
can't (or if you have "good cause" for not wanting to live with your parents),
the town may not deny you GA. But it may bill your parents, to pay the town back the
money it has spent on GA for you. If the town tries to force your parents to pay
back the money, it can only get the amount of GA that it gave you over the last 12 months.
Also, the town can require you to use
your parents as a "potential resource." (see above) So, to
continue getting help after the first time, you may have to document why you
cannot get help from them.
If you are afraid of your spouse or your parents, you should tell the town not to
contact them, and that you are afraid.
Can I get GA even if I am working?
Maybe. If your income is less than your necessary expenses and the
program's income maximum, you should be considered.
If I am able to work but don't have a job, can I get GA?
Yes, but you may have to look for work and sign up at your local Maine Job Service
office. Some towns may make you work for the town. This is called workfare. The town can
also say you must go to school, or to get medical help that is free, or go to a
rehabilitation program.
What is workfare?
Some towns require some people to do workfare for the GA their
household gets. Here are some rules:
- If you need emergency GA (such as for food), you must be allowed to get
the GA before you do workfare.
- The town must give you GA that at least equals the minimum wage.
- Workfare cannot interfere with a real job, or job interview.
- The town must pay any expenses you incur to do your workfare.
- If you can't get to the workfare job site, the town should help you get there.
- You must be treated with respect on your workfare job. You cannot be subjected to
ridicule or harassment or be made to do things you cannot safely do.
- Some people do not have to do workfare. These are people who can show that they have
health problems or must take care of young children full time. In most towns, people who
have full-time jobs don't have to do workfare. In most towns, people with part-time jobs
don't have to work more than 40 hours per week, counting both their workfare hours and
their job hours. Workfare cannot interfere with your job.
- If you are a student working towards your high school diploma or GED, or enrolled in an
approved training program such as ASPIRE, JTPA or STAR, your workfare cannot interfere
with your school or training.
- You can lose your GA benefits for 120 days if you don't finish your
workfare job. You may be excused from workfare for good reasons, like if you are sick or
have a doctor's appointment or a job interview. The law also gives you one chance to make
up workfare that you missed. You should be able to become eligible for GA again if you later
complete your workfare job. If the town won't let you finish your
workfare, call Pine Tree Legal or DHS at
1-800-442-6003 (TTY: 287-6948).
What happens if I quit or refuse a job?
You can lose your benefits for up to 120 days if you quit or refuse a job, unless there
is good reason. Good reasons include: sexual harassment, unfair wages, sickness,
disability, child care problems and not having a way to get to work.
The 120 day disqualification starts from the time you lost your job, or turned one
down.
If you later get a job, you should be able to apply again.
Can I get GA if I am fired?
You cannot be denied GA because you were fired from your job, unless
you were fired because of your own misconduct.
Can the town refuse GA to everyone in the family if
one family member won't do what is required?
No. For, example, if one family member refuses to work for the town, only that person
can be denied help. The other family members will get help if they need it.
What about roommates?
If you share your house or apartment with friends but do not share your money with
them, you can ask the town not to count their income and expenses in your budget. For
example, if you have one roommate, you would be able to apply for one half of the rent,
electricity, fuel, etc.
Most towns, however, will assume that, if you have a roommate, you are
"pooling" your income (sharing income and expenses as if you were living in a
family). To get GA as a separate person, not as a household, you must show that there is no pooling.
You can do that by bringing receipts, banking records or other written proof
that you alone are responsible for your full share of all expenses and that you do not
share your income with your roommate.
Spouses or parents and their children cannot be counted as roommates; they are counted
in the same "household."
Friends can apply separately as "roommates." So can brothers and sisters.
Can minors get GA?
If you are under the age of 18, you may be eligible. It depends on
whether your parents can support you. For example, you should get
GA if:
- your parents won't support you,
- you are not safe at your parents' home, or
- if you have been supporting yourself for a long time.
If you believe that support from your parents is not reasonably available to you,
and the town will not accept you application, or denies you, call
Pine Tree Legal.
Suppose I am a student.
High school and GED students in need can get GA. Students in training
programs may also be eligible. Usually, people going to college are
not eligible, unless they are in an ASPIRE program, or other
program sponsored by the Department of Human Services or the Department of Labor.
If you are one of the following, you cannot be required to do workfare that
would interfere with your training program:
- High school students
- Students in approved training programs
- Students in JPTA or STAR training
- Students whose school or college is part of their ASPIRE or PaS plan
- Students whose school program has been judged by the Department of Labor as being likely
to lead to a job
You may ask the town to excuse you from any workfare requirement if you are in any of
these programs.
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| How Do They Figure General Assistance? |
Emergencies. In an emergency the town should help
you if your basic expenses are more than your income. In this situation,
the "maximum assistance" rules (explained below) do not apply.
Non-emergency applications. All towns must use a standard " maximum
assistance" amount in non-emergency situations. This amount is
based on 110% of the Fair Market Rent amounts for your area. These
amounts are set by HUD, a federal agency. Starting October 2005,
this amount will increase each year, based on the percentage rise in the
Federal Poverty Level. If your income is more than this "assistance
maximum," you cannot get non-emergency GA. For many people, this
maximum does not fairly reflect your actual basic expenses. So, with the
maximum in place, you may not qualify, even if your basic needs cost more than
your income.
However, assuming that your income is less than your town's
"maximum," here is how most towns figure your GA
eligibility. First, most towns consider as "basic
necessities":
- Food
- Rent or mortgage payment
- Heat
- Electricity
- Cooking fuel
- Household supplies
- Personal care needs
- Doctor and medical bills
- Transportation (to work, school, or for medical treatment)
- Clothing (where needed)
- Water and sewer charges
- Taxes (when due)
- School Lunches
- Dental costs
- Burial costs (where needed)
- Diapers and laundry
- Prescription medicine
- Telephone, if necessary for work or health
Remember, the monthly cost of these needs will be compared to all of your household
income for the next 30-days. Your countable income is your actual income minus all
of your actual wor-related expenses.
The town will also look to see how you spent your money in the past 30 days, to
see if any money should have been left over for your current needs. If you spent any
money on items other than necessities, the town can pretend that you still have that money,
even though it's gone. Some towns ask you to
bring in receipts for how you spent your money. It is always a good idea to save your
receipts from the grocery store, the gas station, your landlord, utility companies, and
anywhere else you have spent your money. If you do not have a receipt that the town asked for, they
should accept some other evidence that they can verify.
Here is an example of a GA budget for a family of two:
| Monthly Income |
Monthly Expenses |
| TANF |
$345.00 |
Rent |
$275.00 |
| Wages |
80.00 |
Food |
160.00 |
| Support |
50.00 |
Electric |
60.00 |
|
|
Personal |
30.00 |
| Total Income |
$475.00 |
Total Expenses |
$525.00 |
The town then subtracts the income from the expenses to get your "unmet
need."
| $ 525.00 expenses |
|
- 475.00 income |
| $ 50.00 unmet need |
Then the town looks back at your income and expenses from last month.
| Income |
Expenses |
| TANF |
$345.00 |
Rent |
$275.00 |
| Support |
50.00 |
Food |
65.00 |
|
|
Electric |
40.00 |
|
|
Personal |
5.00 |
|
|
Movies |
5.00 |
Total Income |
$395.00 |
Total Expenses |
$390.00 |
The town will say that the $5.00 left over, and the $5.00 you spent on
the movies should go to this month's needs.
| $ 50.00 unmet need |
| - 10.00 available from last month |
| $ 40.00 GA amount |
This family of two will get $40.00 in GA, which they can put toward
their rent, electricity, food, or other basic necessities.
|
Remember:
Apply for everything you need, even if the
town says you will get nothing. You have a right to appeal their decision.
|
Do I get GA in cash?
No. Most towns will pay your bills or give you a "voucher" to take to a
local store or supplier.
Can I get GA to pay my mortgage?
Maybe. The town cannot automatically refuse to help you with your mortgage payment. The
town has to consider several things. If it would cost the town more to pay rent in a new
place for you than to help you with the mortgage, or if you are about to lose your home,
or if you are elderly and in poor health, the town will probably help you with a mortgage.
If you need mortgage help and you're denied, call Pine
Tree Legal.
If you get help with your mortgage, the town may place a lien on your house. If you have
enough money, you may want to pay your mortgage yourwelf and then ask the town for help with your other
expenses, so the town can't put a lien on your house.
See more on liens.
Can I get GA to help pay back bills?
Maybe. For example, if you are being evicted because your rent is overdue, or if your
electricity is disconnected because of an old bill, you may be able to get help. You will
probably have to show the town that: you could not afford to pay the bill when it came,
there was a good reason you could not pay it when it was due, and you need to pay the back
bill now or you will lose a basic necessity.
Can the town count my Food Stamps as income?
No. The town must pretend that you don't get Food Stamps. The town must count their food maximum in your budget
and cannot count your Food Stamps as income.
Can the town count HEAP benefits as income?
No. The town cannot consider benefits received from the Home Energy Assistance Program
on your GA application. The town must include the amount you spend on
heat, even if it was paid for with HEAP benefits. in other words, the town must pretend that you
did not get HEAP.
Can the town make me pay them back?
Sometimes the town can make you pay back GA.
- If you apply for SSI, you must sign a form that says your first SSI check can go
to repay GA. The town can go back to when your SSI disability began and
keep any money they paid since then. If you do not sign the form, you will
not be able to get GA. Usually it is a good idea to sign the form to get the
immediate help that you need. Important note: If the town
is going to get paid back with your SSI money, you shouldn't have to do
workfare. If you do work, then they can't take your SSI for the time
you "worked off" the bill. Call Pine
Tree Legal if you think your town has double-dipped by making you work
and repay from SSI.
- If you ever get workers' compensation, the town has an automatic claim, called a
lien, on any workers compensation benefit which is more than one week's
benefit. This
means that the town can collect your money for any GA you
got, not just the GA you got while you were waiting for your workers
compensation check. The town cannot keep workers compensation money you are paid because
of an accident you had while doing workfare. Also, as with SSI, they
cannot make you do workfare and make you repay the
amount you "worked off."
- If a town helps you with a mortgage
payment, it may file a claim, called a lien,
for that amount on your house. The town cannot get any repayment until the house is sold,
or until the homeowner who received GA dies. The town cannot make you sell
your house or take it from you.
- If you later begin earning a good income, the town may try to collect repayment
of the GA you received. The town cannot take any money from your TANF, or
your current monthly disability payments.
- Sometimes parents may be called upon to repay GA received by any children under age 25.
A husband or wife can also be
asked to repay the town. The town can only collect from a person who lives, or owns
property, in Maine and who can afford to pay. If the town goes after your spouse or parents,
it may only seek repayment for GA that it gave you in the last 12 months.
What happens if I leave out something on my application?
You can go back to the town to let them know that you forgot something.
But it is always best to put down everything you need at the beginning.
If something surprising comes up, you can go back to the town.
If you forgot to report something, you should let the town know as soon as you remember.
They will do a new budget for you. You should not get in trouble for just forgetting
something. It is always best to be as prepared as possible, though, so you don't leave out
important information.
You can be disqualified for 120 days if you lie on an application for GA. The town is not
supposed to assume that anything you left out means you lied.
They should talk to you about anything they found out that is different from what you told
them. You should not be disqualified for anything that is insignificant, such as that you
had a doctor's appointment at 1:00 when it was at 1:15, or if you quit a job 10 years ago
and say you never quit any job. If the town wants to disqualify you for fraud, they are
supposed to give you GA until you get a fair hearing decision which disqualifies
you.
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| The General Assistance Decision |
How do I find out what help I will get?
The town must give you a written decision within 24 hours of applying.
The decision will tell you how much GA you will get. If the town refuses
to help you, the decision must say why. If you do not get a written decision
within 24 hours, call or go to the town office to ask for it.
What should I do if I am refused, do not get as much as I need,
or am disqualified?
You can call the Department of Human Services at 1-800-442-6003 (TTY: 287-6948) or call
Pine Tree Legal.
You also have the following rights:
- File an appeal. You have the right to a fair hearing by someone who was not in on
the first decision.
- You have 5 working days after you get a written decision to appeal. The town
office should have a form for you to do this, or else you must write a letter saying you
are appealing the decision.
- Your appeal must be in writing.
The Fair Hearing. At your GA fair hearing, you
should bring proof of all your income and expenses. The hearing must be held within 5
working days of your request. You have the right to bring witnesses and to question the
town's witnesses. You have a right to be represented.
Pine Tree Legal may be
able to help.
The fair hearing should be tape recorded by the town. The fair hearing should be held
in private. Anyone who decided whether you could get GA cannot make
the fair hearing decision. Some towns have their selectmen make the fair hearing decision.
Some towns hire a person from the community to decide.
The Fair Hearing Decision. You must be given a fair hearing
decision within 5 working days of your hearing. If you don't agree with the decision, you
will have to appeal it to court within 30 days if you want it changed. You should seek
legal advice.
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| Other Programs That Can Help |
Family Crisis Assistance
Family Crisis Assistance (FCA) pays emergency assistance to needy families with
children.
FCA can help if you're being evicted, your appliances fail, or in some
other kinds of emergencies. Apply at your
nearest Department of Human
Services office.
Charity Care
If you need hospital care and cannot afford it, you may be eligible
for "Charity Care." Ask to fill out a charity care application at the
hospital's business office. More on free hospital care.
Energy Crisis Intervention Program
The Energy Crisis intervention Program (ECIP) is run by
your local County Action
Program (CAP). ECIP may be able to help you out in an emergency when you need fuel.
Temporary Housing Assistance Program
Contact your county CAP office,
to apply for help with housing in an emergency.
Property Tax Abatement
If you need GA and own your home but can't pay your property taxes, you
may be eligible for an abatement of your property taxes. You can apply at the town office.
More on tax abatements.
Reminders
- Apply for GA in writing.
- Insist on getting a written decision.
- Appeal within 5 days if you are denied or don't get enough help.
- Call Pine
Tree Legal or DHS if you need help with your GA problem.
|
If You Want To Read More . . .
- You can read your town's GA rules at your town office.
- You can also read the state laws at your county or
state law library. The
General Assistance statutes start at Title 22, Section 4301 of the Maine Revised Statutes.
Be sure to check the updates to the statutes at the back of the book.
Or
view these statutes on-line.
#
This material is a public education project sponsored by:
Pine Tree Legal Assistance, Inc.
The Maine Volunteer Lawyers Project, and
Literacy Volunteers of America in Maine
The sponsors wish to thank Dr. Jane Root for her
help with readability and Pat Ende of
Maine Equal Justice for his help with updating.
|
Notice
Prepared by Pine Tree
Legal Assistance
October 2005
Sometimes the laws
change. We cannot promise that this information is always
up-to-date and correct. If the date above is not this year,
call us to see if there is an update.
We provide this
information as a public service. It is not legal advice.
By sending you this information, we are not acting as your lawyer.
Always consult a lawyer, if you can, before taking legal action.
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