Section 144-323-V - MAXIMUMS, CATEGORIES AND LEVELS OF ASSISTANCEA. Overall Maximums 1. The overall maximum used to calculate an applicant's deficit and unmet need as provided in Section IV(B) is also the maximum benefit amount that may be provided in non-emergency situations.2. Municipalities must establish an aggregate maximum level of assistance in accordance with 22 M.R.S. §4305(3-B).a. The Commissioner will accept as standards and practices for those persons in the unorganized territories, the same as those presented in the Maine Municipal Association (MMA) model ordinance, unless they are found to be unacceptable by the Department.B. Categorical Maximum Levels for the General Assistance Program 1. In addition to overall maximums, a municipality may elect to incorporate maximum levels of assistance for each individual basic necessity as part of its ordinance, but there is no requirement to do so. If a municipality does not incorporate categorical maximums, it shall use the actual costs of the basic necessities in determining need. a. If a municipality establishes maximum levels of assistance for specific basic needs, those levels must be adequate to allow General Assistance recipients who utilize all available resources, as defined herein, in the community to acquire goods and services necessary to maintain health and to provide a safe and habitable dwelling.b. The maximum levels of assistance established by a municipality are subject to review by the Department, upon complaint, to ensure compliance with the statutes.c. Maximums are subject to regular departmental reviews and municipalities shall be prepared to demonstrate: i. The method by which they measure standards of health and decency; andii. how they arrived at the maximum level figures.2. If an applicant for assistance is applying because of an emergency, municipalities may find it necessary to disregard their maximum levels of assistance to provide help during the emergency situation.C. Food 1. Municipalities may adopt the current Thrifty Food Plan amounts as issued by the Food and Nutrition Service (FNS) of the United States Department of Agriculture (USDA). A municipality's maximum assistance level for Food may not be below the Thrifty Food Plan. a. These figures are published after study to cost of food for various family sizes and are updated annually. The Department shall consider these amounts current for up to one year following the date of issuance.b. A market basket survey may be used to establish food maximums if the maximums provided by the USDA are insufficient to maintain health in the municipality.c. Municipalities may adopt food allowances that restrict the purchases of particular items. i. If a municipality chooses to do so, it shall explain its rational for these restrictions.D. Shelter Cost 1. Suggested shelter maximums are provided to the municipalities on an annual or biannual basis by the Department or the Maine Municipal Association. These maximums are derived by using The Department of Housing and Urban Development (HUD) fair market rent figures minus utilities as calculated by the Department or the Maine Municipal Association.2. A municipality may set maximums based on its own analysis of rent in the municipality, using figures other than HUD's, by conducting a survey of landlords or using classified advertisements. a. The survey may not be limited to those landlords who provide housing to General Assistance recipients as it may produce distorted rent figures.b. If a municipality sets a maximum for housing assistance using figures that are lower than HUD fair market rent figures, it must substantiate in writing to the Department that the figures are reasonably and adequately sufficient to maintain health and decency.3. The maximum level of shelter costs for home owners/buyers is the same as the maximum level of rentals.4. The maximum level of shelter costs for applicants in a recovery residence is 75% of the 1-bedroom allowance set pursuant to Paragraph 1 or 2 above.5. The maximum duration that an applicant may receive housing assistance for hotel, motel, inn or in a similar place of lodging in excess of the municipality's budgeted maximum levels is 30 days in a 12-month period. This does not preclude an applicant from receiving housing assistance less than or equal to the municipality's budgeted maximum levels for the remainder of the 12-month period as long as the applicant meets requirements.6. Municipalities shall set limits, not to exceed 120 days, whereby an applicant's shelter maximums may not exceed the maximums that applied when the applicant lived in subsidized housing, if:a. The applicant voluntarily leaves subsidized housing for housing with increased shelter cost without good cause, orb. the applicant is required to leave subsidized housing because of fraud, misrepresentation, or a knowing or intentional violation of or refusal to comply with regulations of the housing authority.7. Security Deposits. Security deposits are not to be paid with General Assistance funds except if there is no permanent lodging available unless a security deposit is paid. a. A security deposit shall not be authorized until: i. All possible alternate sources for security deposit payments have been contacted (such as Maine State Housing Authority (MSHA), TANF, Emergency Assistance (EA), etc.); andii. the municipality has contacted the landlord and attempted to obtain a waiver or to make arrangements for delayed or partial payments of the security deposit over a prolonged period of time.b. These contacts must be made expeditiously and without undue delay as is appropriate to the particular situation of the eligible applicant.c. Prior to a denial of assistance for lack of need of payment of a security deposit, the municipality must have knowledge that adequate permanent housing sources are available in the community without the necessity of a security deposit and must provide the client with that specific information.i. If the client refuses to utilize the housing sources provided without good cause, the municipality has no further responsibility to the client for housing assistance.ii. Municipalities shall carefully document all details involved with a request to pay a security deposit making it clear why an emergency (as defined in Section II) did or did not exist.d. Security deposits, when provided by the General Assistance Program, shall be returned to the municipality. Municipalities shall have agreements with the landlord to return the security deposit, minus amounts needed to cover any damages or cleaning charges incurred, excepting such costs associated with normal wear and tear.8. Emergency Shelter Costsa. A municipality may choose to consider the actual costs of an emergency shelter up to the shelter amount allowed by ordinance. The municipality may provide General Assistance to the emergency shelter provider when the following criteria have been met: i. The applicant, and not the shelter provider, has completed an application for assistance, andii. the applicant has been found eligible for assistance based on criteria established in the municipal ordinance, andE. Personal Care and Household Supplies 1. Municipalities may adopt the maximums for ordinary personal household supplies that are provided by the Maine Municipal Association. a. A supplement to this maximum for households with children under 5 must be adopted to allow for costs such as diapers and baby wipes.F. Electricity, Fuel Oil, Wood, Natural and Bottled Gas 1. Municipalities may adopt the maximums for these goods and services provided by the Maine Municipal Association.2. A municipality may elect to develop its own levels of assistance for each item and provide the Department with documentation justifying these levels of assistance. a. The figures developed shall be reasonably and adequately sufficient to maintain health and decency.G. Property Tax 1. Municipalities may not use the General Assistance Program to assist with delinquent property tax unless foreclosure and subsequent eviction is imminent and it is the most cost-effective avenue.2.36 M.R.S. §841et seq. establishes a poverty tax abatement process. This process is an available/potential resource.H. Capital Improvement 1. Capital improvements may only be made to property owned by and lived in by the client, unless the client is temporarily absent due to the condition needing repair. a. If such expenditures are determined essential by the municipal welfare official in accordance with the municipality's ordinance and 22 M.R.S. §43011 they will be allowable for reimbursement under the same conditions as other expenditures.2. A municipality may claim a lien against the owner of the real estate for the amount spent to make capital improvements to the real estate.I. Medical and Dental Cost1. Assistance for medical or dental services is restricted to non-elective medical or dental services, determined by a physician, dentist, or nurse practitioner to be essential to maintain the applicant's health and approved by the municipality prior to the applicant receiving the service.2. Municipalities may grant assistance for medical or dental services only when the assistance cannot be obtained from any other source and the applicant would not be able to receive necessary care without the municipality's assistance.3. Authorization for medical services shall be granted based on, and limited to, MaineCare rates applicable for those services.4. General Assistance may not be used for a MaineCare co-payment, unless deemed necessary by the administrator. 1 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
5. General Assistance may be used for private insurance co-payments, including co-pays for prescriptions provided by Medicare.10-144 C.M.R. ch. 323, § V