C.M.R. 10, 144, ch. 331, III

Current through 2024-51, December 18, 2024

Chapter III - Eligibility Requirements (Financial)

A.ASSETS

All assets owned whole or in part by the filing unit members must be evaluated for ownership, accessibility and value. All assets are counted unless specifically excluded by rule. The asset limit is $10,000.

(1) Types of assets:

a) Liquid Assets: Liquid assets are those that are readily available such as cash, crypto-currency, bank accounts, Certificates of Deposit, lump sum payments stocks or bonds, individual retirement accounts, and annuities.

b) Nonliquid Assets: Nonliquid assets include vehicles, buildings, land, recreational property and the like. Money obtained through the conversion of a non-liquid asset to a liquid asset is considered an asset (such as sale of marital property).

c) Potential Assets: Potential assets are those that are obtainable but not readily available. The filing unit must show that steps are being taken to obtain any potential assets.

(2) Ownership of an asset is determined by the name stated on the asset or a related document. If there is more than one name listed the asset is considered to be jointly- owned and the asset's accessibility must be evaluated. Jointly owned assets are considered available in their entirety to each owner unless determined not accessible per (3) (a) below. For an asset which does not have a name stated on the asset or related document, ownership would default to who has possession of the asset.

(3) An asset is not accessible if:

a) The property is jointly owned, cannot be subdivided and the joint-owner(s) will not agree to sell.

b) The portion of a joint bank account shown by convincing evidence to have been contributed by someone outside the filing unit and not meant to be a gift.

c) The asset is an irrevocable trust fund and no one residing in the home can revoke the trust or change the beneficiary. Trust funds are irrevocable when the family does not have the legal ability to convert them.

d) Portions of settlements that are earmarked and intended to be used for expenses not included in the TANF or PaS grant. See Subsection 5(d) and (n) below.

(4) The value of an asset is the fair market value minus any encumbrances against it.

a) The equity value of a vehicle that is not excluded is determined using the National Automobile Dealers Association's (NADA) Used Car Guide Book or the Kelley Blue Book, making appropriate deductions as listed in the guide including, but not limited to, options and special equipment.

i. A reduction can be made for a vehicle listed in the NADA Used Car Guide or the Kelley Blue Book, in less than average trade-in condition if true value is verified by a reliable source.

ii. A household estimate can be made for vehicles not listed in the car guide unless it appears unreasonable as determined by the Department based on the current used vehicle market in Maine.

(5) Excluded Assets:

a) One vehicle per licensed driver in the household;

b) Real property which the filing unit owns and occupies as their place of residence. The home and surrounding lot if not separated by property owned by someone else is exempt, even when left temporarily unoccupied because of employment, job training, education, illness or disaster. If the home is unoccupied, the filing unit must demonstrate the intent to return.

c) Real property which the household is making a good faith effort to sell, in a newspaper or through a real estate broker, at fair market value.

d) Income representing the change from a non-liquid to a liquid asset;

e) Prepaid burial contracts and burial spaces intended for use by the filing unit;

f) Household goods and personal effects used in the home;

g) Income Producing Property. Property, including real property, used in the production of income. This exclusion includes property not in use because of circumstances beyond the control of the individual, such as temporary disability, care of an ill person, disasters, etc. Likelihood of returning to the same employment must be evident;

h) Livestock used to produce income or intended for family consumption;

i) Any personal loan with an agreement to repay. The agreement must be verified by:

i. A written agreement signed by both parties to repay the money within a specified time; or

ii. Evidence that the loan was obtained from an individual or establishment engaged in the business of making loans.

j) All educational grants, loans and scholarships from a recognized source to the extent the money is needed for educational expenses. Portions used to fill a need demonstrated to be directly related to successful completion of the Training or Education Program in excess of available funding from all other federal, state, public, private, and institutional sources of aid, excluding loans or federal work study, are also excluded;

k) The cash surrender value of insurance policies;

l) Family Development Accounts. Savings accounts for income eligible families to be used for specific purposes, to the extent that the total balance of the account remains below $10,000 per 22 M.R.S. §3762. Withdrawals may only be made for:

i. Expenses for education or job training to attend an accredited or approved post- secondary education or training institution;

ii. The purchase or repair of a home that is the family's principal residence;

iii. The purchase or repair of a vehicle used for transportation to work or to attend an education or training program; or

iv. Capital to start a small business for any family member 18 years of age or older.

m) A one-time cash compensation payment and accrued interest from the Baxter Compensation Authority to former students of the Baxter school for the Deaf, who were found to have been physically or sexually abused before January 2001.

n) Non-reoccuring payments, such as Build HOPE Project Grants, received by a participant when used within 30 days of receipt to meet one of the following needs:

i. Health care costs of a household member that are medically necessary and not covered by public or private insurance, or

ii. To address an emergency that may cause the loss of shelter, employment, educational progress or other basic necessities.

(6) Assets Excluded by Federal Statute:

a) Grants, loans and scholarships to graduates or undergraduate students made under any program administered by the U.S. Secretary of Education, such as Pell, SEOG, NDSL, Perkins, Work Study;

b) Federal Tax Refunds, including refundable credits, such as EITC, are excluded for 12 months from the month of receipt. P.L. 111-312;

c) Child Nutrition Act and National School Lunch Act - Value of supplemental food assistance;

d) Title VII, Nutrition Program for the Elderly-Older American Act benefits;

e) USDA Supplemental Nutrition (WIC) Program and/or Donated Commodities benefits;

f) Tax-exempt portions of payments made under the Alaskan Native Claims Settlement Act;

g) Payments made under Annual Contributions Contract under U.S. Housing Act;

h) Relocation assistance or allowance under the Housing Act: Also excluded are payments made under Title II of the Uniform Relocation and Real Property Acquisition Policy;

i) Agent Orange Settlement payments;

j) WIOA, Job Corps, or AmeriCorps payments of all types;

k) Payments resulting from Congressional action which specifically exclude such payment;

l) Maine Indian Land Claims Settlement payments;

m) Domestic Volunteer Services Act payments made to volunteers serving as foster grandparents, senior health aides or companions;

n) HUD community development block grant funds and escrow accounts in the Family Self Sufficiency Program;

o) Home Energy Assistance Program (HEAP) benefits or any other federal program providing energy assistance;

p) Title I payments to volunteers such as VISTA: Payments that exceed the minimum wage are not excluded;

q) Radiation Exposure Compensation Act settlements for injuries or death from nuclear testing or uranium mining;

r) Assets owned solely by an excluded stepparent;

s) Property of no saleable value;

t) Nazi Persecution Victims Eligibility Benefits - Payments made to victims of Nazi persecution excluded from consideration per P.L. 103-286.

B.INCOME

Consider the income of all members of the filing unit including excluded stepparents, sponsors of noncitizens, specified relatives, and all persons who are required to be members of the child's assistance group except insofar as they are excluded from the assistance group for a reason such as lack of U.S. citizenship or the imposition of a sanction or disqualification.

(1) Types of Income.

a) Earned Income: Money earned in exchange for labor or services and received in cash or in-kind for wages, tips, commissions, crypto-currency or net profit from activities in which the individual is engaged as self-employment. The gross income before deductions for taxes, personal or employment expenses, or garnishments. This includes:

i. Seasonal Income: Money earned in exchange for labor or services not required year around such as fishing, clamming, worm digging, logging, harvesting and the like;

ii. Contract Income: Money earned in exchange for labor or services in a period shorter than one year and not paid on an hourly or piecework basis to workers, such as school teachers or bus drivers.

iii. Wages that are garnished or diverted by an employer (see exceptions in (d) below).

b) Unearned Income: Unearned income is money (including crypto-currency) that is not produced by labor or services. It includes benefits such as Social Security, Veterans benefits, pensions, unemployment compensation, Worker's Compensation, dependent allotments, contributions, support payments, annuities, dividends, interest, and regular withdrawals from trust funds. Unearned income may be garnished or diverted (see exception in (d), below).

c) Deemed Income: A portion of the income of certain individuals who have a legal obligation to members of the assistance group must be considered through the deeming process. The deemed amount is counted as unearned income to the assistance group. (See Ch. IV(C) for treatment of deemed income.) Examples of individuals whose income may be deemed:

i. Individuals such as parents who, although required to be included in the assistance group, are ineligible due to non-financial criteria and therefore are not members of the assistance group;

ii. Excluded stepparents;

iii. Sponsors of noncitizens and their spouses.

d) Garnished Income: Garnishment to earned or unearned income is not considered income in the following instances:

i. Income is garnished to fulfill the terms of court ordered support/alimony or Title IV-D support orders; or

ii. Income is garnished/recouped by the same agency that issued the income, such as unemployment benefits being recouped to satisfy a prior overpayment.

e) Potential Income: Money which could be received if action were taken to obtain it, such as from Social Security, Unemployment or VA benefits or by asserting a legal claim such as inheritance.

(2) Excluded Income.

a) Child Support

i. Collections which are retained by the Department; and

ii. The first $50 per month received by the filing unit.

b) ASPIRE support services payments;

c) HOPE support service payments as defined in 10-144 Chapter 330;

d) General Assistance, Emergency Assistance, HUD, FMHA utility reimbursements and other supplemental assistance from public or private agencies to help the assistance unit meet their basic needs;

e) Income of children not in the assistance unit;

f) Wages of dependent children in the assistance unit if they are full-time students or part-time students not employed full time;

g) Income-In-Kind, Vendor Payments, Outside Contributions: These are payments or contributions toward budgeted items from organizations or people not in the assistance group paid directly to a third party;

h) When an involuntary separation occurs where the client or spouse enters a medical institution, the income of the institutionalized spouse will be considered for that person only. This treatment of income applies in the following situations:

i. The spouse is placed in an Intensive Care Facility or Specialized Nursing Facility;

ii. The spouse is hospitalized in a general hospital for more than 60 days; or

iii. The spouse is hospitalized for a kidney transplant.

i) Any personal loan from any source providing there is clear evidence of an agreement to repay. The following is acceptable evidence:

i. A written agreement signed by both parties to repay the money within a specified time; or

ii. Evidence that the loan was obtained from an individual or establishment engaged in the business of making loans.

j) Reimbursements for job related expenses to the extent they do not exceed actual expenses;

k) Gifts of money not to exceed $150 per household in a three-month period ending with the month of receipt;

l) Portions of all educational grants, scholarships, and other awards from a recognized source to either graduates or undergraduates not already totally excluded by Federal statute (Subsection 3(a) below) with the exception of:

i. The portion of any assistance given to students which is not used on actual educational costs; and

ii. Any dependent portion of VA educational assistance.

m) Monies received as a match on deposits a recipient makes in their Family Development Account or Separate Identifiable Account set up as authorized by statute at 22 M.R.S. §3762 up to the $10,000 cap. Accrued interest on these accounts is also excluded as income.

n) A one-time cash compensation payment and accrued interest from the Baxter Compensation Authority to former students of the Governor Baxter School for the Deaf, who were found to have been physically or sexually abused before January 2001.

o) Non-reoccurring lump sum payments in the month they are received. Including but not limited to Build HOPE Project Grants, personal injury awards, lottery winnings and inheritances.

(3) Income Excluded by Federal Statute.