Exceptions to Collecting Overpayment from Minors

AFDC overpayments occurring prior to 10/01/96: An AFDC overpayment must be collected from any individual, including a minor, who was in the household at the time the overpayment accrued. However, the Department will only collect AFDC overpayments from former AFDC minor dependents when the former AFDC minor receives federally funded public assistance as an adult.

All other overpayments: Overpayments, other than AFDC overpayments occurring prior to 10/01/96, must not be collected from individuals who were a minor dependent in the household at the time the overpayment accrued.

Recovery

Overpayments, regardless of their cause, must take place over as short a period of time as possible without recovering more than the maximum recovery amount. The maximum recoupment of overpayments from a recipient eligible for maximum TANF or PaS payment is 10% of the payment standard, and for those eligible for less than the maximum TANF or PaS, 30% of the payment standard.

Recoupment of overpayments will be made by direct repayment or through a reduction in the amount of

NOTE: Households can pay faster than the 10% or 30% rate by written request.

NOTE: An Eligibility Worker's decision to recover overpayments at a rate of less than the maximum amount must be explained clearly in the case record.

NOTE: When the recoupment of an overpayment reduces an TANF or PaS payment to under $5, the amount of the recoupment must be adjusted to comply with State law which requires a $5 minimum on checks issued.

If an applicant with an outstanding overpayment becomes eligible, recoupment must take place considering the current payment amount.

Recovery on Closed Cases

When a case is closed and there is an outstanding overpayment, there must be an automatic referral to Fraud, Investigation and Recovery (FIR) staff who will contact the former recipient regarding an agreement to repay. FIR may also attach State Income Tax returns to offset the remaining debt.

INTENTIONAL PROGRAM VIOLATION

GENERAL RULE: A determination of an intentional program violation (IPV) is made either through a court of law or a hearing process. The hearing process is known as an Administrative Disqualification Hearing (ADH). Sanctions are imposed on recipients found to have committed an IPV.

Definition

An IPV is an action by a recipient for the purpose of establishing or maintaining the family's eligibility for TANF, PaS or any other Bureau program or service such as, Emergency Assistance, Alternative Aid Assistance, Transitional Childcare, Transitional Transportation, ASPIRE support services and any other misdirected money, for increasing or preventing a reduction in the amount of the grant, which stem from the following intentional act:

1. false or misleading statements or misrepresentations, concealment, or withholding of fact. For example when a recipient intentionally states no income on an application review or change report form when there is income in his household.

OR

2. an act intended to mislead, misrepresent, conceal, withhold facts or propound a falsity. For example, when a recipient gets a baby-sitter to lie about the amount of child care expense. Another example is when a recipient signs a forgery affidavit requesting that an TANF OR PAS check be replaced when they signed and cashed the original.

Pre-hearing Review and Initiating an ADH

The Department must review the evidence at hand to determine if an allegation that a recipient has committed an IPV is valid. When the Eligibility Specialist believes that documentary evidence substantiates the allegation, the Eligibility Specialist should:

1. initiate an Administrative Disqualifications Hearing, and

2. correct the on-going benefits when they are wrong.

NOTE: Continued eligibility and benefit level must be determined as for any other household pending the hearing.

NOTE: A fair hearing request resulting from the benefit adjustment can be combined with the ADH. See Consolidation of Hearings.

NOTE: Collection activities on overpayments do not begin until a determination has been made as to whether or not an IPV has occurred. See Absence of IPV and Finding of IPV.

Non-Referrals

When the following situations occur, do not refer suspected IPV to an ADH:

1. a prior alleged IPV referral is at the Attorney General's office,

2. a case has been through the court system and was dismissed or determined not guilty, or

3. the alleged IPV occurred prior to 10/4/93 and did not continue thereafter.

NOTE: Alleged Intentional Program Violations occurring on 10/4/93 and thereafter can be referred to an ADH even when the alleged IPV began prior to that date.

Time Limits

The Department has 90 days from the date the hearing notice is received to hold the hearing, render the decision, and notify the household. However, failure to comply with this time limit will not bar a finding that the person committed an IPV.

Scheduling of the ADH

Written notice to the person accused of the violation must be mailed at least 45 days in advance of the scheduled hearing in order to assure that the notice is received 30 days prior to the hearing. The notice, a copy of the hearings procedures, and the opportunity to waive the right to a hearing is mailed "CERTIFIED/RETURN RECEIPT REQUESTED/RESTRICTED DELIVERY."

The notice must contain:

1. The date, time, and place of hearing.

2. The charges against the recipient believed to have committed the IPV.

3. A summary of the evidence, and how and where it can be examined.

4. A warning that if the accused recipient fails to appear for the hearing without good cause, the decision will be based on the evidence provided by the Eligibility Worker at the hearing.

5. A statement that the accused recipient may request a postponement of the hearing provided that the request is made to the Administration Hearings Unit at least 10 days prior to the date of the scheduled hearing.

If the recipient fails to appear and later requests that the hearing be rescheduled, they must present good cause for failure to appear within 10 days of the date of the hearing.

6. A warning that if the hearing decision determines that an intentional program violation has occurred, a disqualification period will be imposed according to the appropriate schedule on page 30 of this chapter.

7. A statement that the State may still prosecute the household member in civil or criminal court action and collect the over issuances.

8. A listing of individuals or organizations that provide free legal representation to recipients alleged to have committed an IPV.

9. A statement that the accused recipient has the right to remain silent concerning the charges and that anything said or signed by the recipient concerning the charges may be used in a court of law.

10. An explanation that the accused recipient may waive their right to appear at an ADH. (See Waiver)

Returned Notice

When the notice is returned marked "undelivered" or accepted by someone other than the addressee, personal service shall be arranged by any other method which provides proof of receipt at least 30 days to the hearing.

This means that the local DHHS office must request that the ADH be rescheduled allowing another 45 days.

NOTE: A personal service restricts delivery of the notice to the addressee and guarantees proof of receipts. Examples include:

1. Certified Mail with "Return Receipt Requested and Restricted Delivery."

2. Delivery by a Sheriff's Department with "Return Receipt Requested and Restricted Delivery."

3. Delivery by a Detective Agency with "Return Receipt Requested and Restricted Delivery."

When the notice is returned marked "refused," it must be assumed that the addressee received notice.

Failure to Appear

Should the accused recipient fail to appear at the hearing, and the notice was received or refused at least 30 days prior to the hearing date, the hearing will still be conducted. The hearing officer will base the decision on the evidence presented by the Department.

When a recipient fails to appear at the scheduled hearing, but notifies the Administrative Hearing Office of the reason for not attending not more than 10 days after the hearing date, they may claim good cause for the failure to appear.

Good cause for failure to appear is defined as an emergency circumstance that is beyond the control of the recipient and that prevents the recipient from being able to appear at the hearing.

NOTE: The following situations do not constitute good cause:

1. Forgetting about the hearing

2. Lack of transportation, unless the lack of transportation was the result of an emergency situation such as the recipient's vehicle breaking down on the way to the hearing.

Postponement of Hearing

A recipient may request a postponement of the scheduled hearing if the request is made to the Administrative Hearing Office at least 10 days in advance of the scheduled hearing.

Only the Hearing Officer is authorized to postpone a hearing. When the hearing is postponed, the time limits for processing will be extended for the number of days between the initial scheduling and rescheduling not to exceed 120 days.

Withdrawal of the Request for an ADH by the Department

When, at any time prior to the date of an Administrative Disqualification Hearing, the Department feels that there is insufficient evidence on which to conduct a hearing, the Administrative Hearings Officer and the recipient should be contacted immediately to notify them that the hearing has been canceled and that the case had been administratively withdrawn.

Consolidation of Hearings

Bureau Program or Service Administrative Disqualification Hearings may be combined with a fair hearing or a Food Supplement Program Disqualification Hearing, when the factual issues arise out of the same or related circumstances, and the recipient receives prior notice that the hearings will be combined. If hearings are combined, the time frames for conducting Administrative Disqualification Hearings will be followed unless the household waives the 30 day notice requirement for a disqualification hearing.

Waivers

When a waiver of the right to an Administrative Disqualification Hearing (ADH) is signed by the recipient, the appropriate disqualification penalty is imposed, even when there is no admission to the charges.

The waiver notice contains the following information:

1. The date by which the signed waiver must be received by the local office of the Department.

NOTE: This date is the date of the hearing. This allows recipients to waive their right to an ADH at the hearing.

2. A blank for the signature of the accused recipient and the head of household along with a statement that the head of household must also sign if the accused is not the head of household.

3. A statement that the recipient has the right to remain silent concerning the charges and that anything said or signed by the recipient concerning the charges may be used in a court of law.

4. The fact that the signed waiver will result in disqualification for the appropriate period of time even if the recipient does not admit to the charges.

5. An opportunity for the person either to admit the charges or to waive the hearing without admitting to the charges.

The Administrative Disqualification Hearing

The Eligibility Worker (or Supervisor when the Eligibility Worker is absent) is responsible for representing the agency at the hearing.

The recipient accused of IPV or a person they designate in writing to represent them may review the case record and/or represent them at the hearing. The statement designating the representative must be kept in the case record and a copy must be forwarded to the Administrative Hearing Office. The designated representative will receive a copy of all correspondence regarding the hearing proceedings.

During the hearing, the recipient has the right to:

1. examine the contents of the case record which includes all documents and records to be used by DHHS at the hearing;

2. bring witnesses to present testimony on their behalf during the hearing;

3. present their case or have it presented by legal counsel or other person;

4. advance arguments without undue interference;

5. question or refute any testimony or evidence including the opportunity to confront and cross examine adverse witnesses; and

6. submit evidence to establish all pertinent facts and evidence in the case.

Conducting of the Hearing

The Hearing Officer will conduct the hearing in accord with the pertinent statutes and regulations. The Hearing Officer will:

administer the oath to all witnesses who will present testimony;

2. request, receive, and make part of the record all evidence determined necessary to decide the issues being raised;

3. insure that an unrepresented recipient feels at ease and assist in presenting facts relevant to his/her defense;

4. advise the accused recipient of his/her right to refuse to answer questions during the hearing; and

5. regulate the conduct and course of the hearing consistent with due process to insure an orderly hearing.

Standard of Evidence

The Department will present evidence that the recipient:

1. made a false or misleading statement or misrepresentation, concealed facts, or withheld facts, or acted with the intent to mislead, misrepresent, conceal, or withhold facts or propound a falsity;

2. did it intentionally; and

3. did it in order to receive Program or Service benefits to which they were not entitled.

Decision

The Hearing Officer shall, based upon clear and convincing evidence in the hearing record, issue a written decision stating whether or not the accused recipient knowingly committed an IPV, specify the reasons for the decision, and identify the supporting evidence and regulations as defined earlier in this chapter.

Notice of ADH Decision

The Administrative Hearings Officer will issue a decision within 90 days of the date of the notice scheduling the ADH unless the hearing has been rescheduled and the time frames extended. The Administrative Hearings Officer will send a copy to the local DHHS office.

Absence of IPV

When the AHO determines the facts do not support an IPV or a court determines the client is not guilty, the Eligibility Worker:

1. enters the overpayment on the computer; and

2. follows procedures for collection as a client unintentional error (or agency error).

Finding of IPV

When the AHO determines that an IPV occurred, the Eligibility Worker:

1. refers the case to the Fraud Investigation and Recovery (FIRU) for collection of the overpayment and for potential prosecution by entering the overpayment on the computer as an intentional error.

NOTE: When the AG's office considers a case for prosecution, Eligibility staff will be asked to recompute the overpayment allowing work related disregards because the courts do not recognize the sanctions. The Department will recover both the court-ordered overpayment and the additional overpayment which results when sanctions are applied.

2. provides the client with written notification of the Disqualification sanctions before they are imposed, and the disqualification notice will note the date the Disqualification period begins and ends;

3. imposes the sanctions; and

4. establishes the overpayment.

Disqualifying Sanctions/Penalties

The following periods of Disqualification will be imposed against the recipient who committed the violation:

If the offense occurred before 9/1/97:

1. Six months for the first violation.

2. Twelve months for the second violation.

3. Permanently for the third violation.

If the offense occurred on or after 9/1/97:

1. One year for the first violation

2. Two years for the second violation

3. Permanently for the third violation

NOTE: Sanctions will always begin no later than the second month following the date the household member is sent written notification of the hearing decision or a waiver to forfeit an administrative hearing is signed. The disqualification period for recipients determined to have committed a program or service intentional program violation will not be postponed when households are ineligible for benefits.

Actions taken as the result of an IPV require adequate and timely notices. The sanctioned recipient's needs will not be included in the standard of need when determining eligibility and amount of assistance for the remaining family members. The sanctioned recipient's income and assets will be considered. The following disregards will be applied to the income:

1. an amount equal to the standard of need for the support of any non-categorically eligible individuals living in the same household and claimed by the sanctioned parent as dependents for IRS purposes;

2. any actual payments of alimony or child support to persons not living in the home;

3. any actual payments being paid by the sanctioned parent to individuals not living in the home, but who are claimed or could be claimed as dependents for IRS purposes.

Duration of Penalty

No further administrative appeal procedure exists after an Administrative Disqualification Hearing decision finds an IPV. The determination of IPV made by an ADH Officer cannot be reversed by a fair hearing decision.

The recipient, however, is entitled to seek relief on the findings of IPV in a court having appropriate jurisdiction, but in no event shall the duration or the period for which such penalty is imposed be subject to review by the Hearing Officer.

Applicability of Penalty

A disqualification penalty imposed on a recipient by one IV-A State agency may be used in determining the appropriate Disqualification penalty for the recipient by another IV-A State agency. When a recipient with a prior violation moves from one state to another and has been found to have committed an Intentional Program Violation, the Department will impose the penalty based on the number of such violations committed in other states.

In cases where a Disqualification penalty and other sanctions or penalties apply:

1. The Disqualification penalties in this section must be imposed subsequently to, and cannot be substituted for, any other sanctions or penalties which may be imposed by law for the same offenses; and

2. The Disqualification penalties imposed under IPV only affect the recipient concerned. Other members of the Assistance Group cannot be substituted.

Collection of the Overpayment

There is no distinction between collections of intentional overpayments or unintentional overpayments. Refer to the Overpayments section for procedures.

UNDERPAYMENTS

GENERAL RULE: Underpayments are benefit or service payments issued for less than the amount the assistance group should have received.

The Department shall take action within 30 days from when the underpayment becomes known to correct the payments to current or former clients. The corrective payment shall not be counted as income or asset in the month it is received nor in the month following its receipt.

Corrective payments are a means of rectifying an agency error, delay or as a result of court order. They are not made when the client fails to notify the agency of changes.

Corrective payments shall be made for the entire period of error.

NOTE: If an assistance group has both an underpayment and an overpayment one shall be offset against the other before issuing a corrective payment.

Lost, Stolen, Destroyed or Forged Checks

GENERAL RULE: When a recipient reports a check has been lost, stolen or destroyed prior to cashing, the Department has the responsibility to replace it with reasonable promptness. In the instances when there is reason to believe there has either been a forgery or duplicate checks have been received and cashed by the recipient, the following procedures have been established.

Lost, Stolen or Destroyed

1. The worker checks the returned check list on or after the 12th of the month. If the check has been returned to the Division of Financial Services then the address is corrected by the Eligibility Worker on the computer and the Worker requests is made for remailing.

2. If the name is not on the returned check list, the Worker does the following:

a. Completes a SWIM-050 (Stop-Payment). The original is sent to the Division of Financial Services. The copy is for the record.

b. Completes a SWIM-051 (Application for a Duplicate Check). The original is sent to the Division of Financial Services. The copy is for the record.

NOTE: Both the SWIM-050 and the 051 are sent to the Division of Financial Services together.

Forgeries

When the photocopy of the original check is sent to the worker, the Worker has to meet face-to-face with the recipient to determine whether or not the signature is the recipient’s. If the recipient states it is not, then 2 separate original Forgery Affidavits will be completed (SWIM-052),one original is sent to FIR and the second original is sent to Division of Financial Services. A copy is retained for the record. This initiates an investigation to determine who cashed the check.

If the recipient agrees that the signature on the original check is theirs, the worker will initiate collection activities or refer for fraud.

Exchanging a Check

When a household presents a mutilated check which a bank refuses to cash, the worker will take the following steps:

1. Complete a SWIM-050 (Stop Payment);

2. Complete a SWIM-051 (Application for a Duplicate Check);

3. Void the mutilated check; and

4. Forward the original forms and the mutilated check to the Division of Financial Services. A copy is retained for the record.

Agency Error/Emergency Situation

When TANF or PaS grants are reinstated after check selection because of termination caused by an agency error or when a fair hearing is requested timely but after check selection, the following procedure shall be required:

1. Upon request from the recipient the replacement check will be authorized within 3 to 5 working days from the determination that there is an emergency situation. Emergency is defined as follows:

a. The TANF or PaS check for the month will likely not be received until after the 5th business day of the month; and

b. As a result of the delay the TANF or PaS family may lose basic necessities. For example, the family may:

be evicted from their home (e.g., there is an eviction notice and the grace period in which to pay the rent will expire; or

2. be in default on a loan because of expiration of the period in which to make a payment on the household's automobile or other installment loan used to purchase a basic necessity; or

3. be faced with the expiration period in which to pay for a necessary utility and as a result the service will be shut off; or

4. suffer because of the inability to purchase a basic necessity.

Basic necessity is defined as shelter (housing and/or utilities), food, clothing, or essential medical care. In these situations, the recipient must be without their own resources to meet the need and there must be no other source of assistance available which is adequate to meet the emergency. These other sources do not include the Emergency Assistance Program or Energy Crisis Intervention Program because they are limited. The recipient shall be required to apply for General Assistance unless receipt of that assistance will require a household member to perform workfare.

When the Worker determines that an "emergency" exists, a request to issue an expedited replacement check will be made through the TANF and PaS Supervisor. The Worker may request verification from the recipient or others that the "emergency" exists. The check will usually be available within 3 to 5 business days after the TANF and PaS Program Director approves the request for expedited payment.

ELECTRONIC BENEFITS TRANSFER (EBT) SYSTEM

TANF, PaS and RCA applicants and recipients will receive benefits by an electronic coded debit card known as the Pine Tree Card. The card will be used to access benefits from a point of sales (POS) device at retail stores or an automatic teller machine (ATM).

Under some circumstances benefits may be issued by direct deposit or vendor payment. See pages 8-11 of this Chapter;

Each Assistance Group case head will be issued an EBT card and a Personal Identification Number (PIN); and

Each Assistance Group will be allowed a maximum of two (2) payees/cardholders to access cash benefits.

Fees

Purchases and cash withdrawals made through a POS device will not incur fees.

Withdrawals or balance inquiries made at an ATM will get two (2) free transactions. All subsequent transactions will cost 65¢, in addition to the bank’s ATM surcharge and will be subtracted from the cash benefits at the time of the transaction. If the total of the transaction amount is not available in the recipient’s EBT account at the time of the transaction, the transaction will be rejected.

Lost or stolen cards - Recipients must report lost, stolen or damaged cards to the EBT Customer Service Help Desk.

Dormant Benefits – Benefits become dormant when they have not been accessed for 90 days.

When benefits have not been accessed for 60 consecutive days the recipient is notified that if benefits are not used within 30 additional consecutive days, they will become dormant on the 91st day.

Benefits can become available between the 91st through 180th day if the recipient contacts the department to request activation.

Benefits are expunged on the 181st day.

Purchases

Cardholders can make purchases from participating retailers and if funds are available, the balance on the card is reduced by the exact amount of the purchase.

Restrictions on the use of the EBT system

A recipient may not expend benefits using their EBT card or money obtained through the EBT system for the purchase of the items listed below (all references are to the Maine Revised Statutes, Title 22, unless another title is indicated):

Tobacco products, as defined in section 1551, subsection 3;

Imitation liquor or liquor, as defined in Title 28-A, section 2, subsections 13 and 16, respectively;

Gambling activity, as defined in Title 8, section 1001, subsection 15;

Lotteries conducted by the State pursuant to Title 8, chapter 14-A or the Tri-State Lotto Commission pursuant to Title 8, chapter 16;

Bail, as defined by Title 15, section 1003, subsection 1;

Firearms, as defined by Title 12, chapter 901, section 10001;

Ammunition, defined as a cartridge case, primer, bullet, or propellant powder designed for use in any Firearm;

Vacation or travel services, defined as any transportation service (vehicle, air, train, bus, boat) that is incurred for an extended period of recreation or holiday, or any other costs incurred for such purpose.

Publications, services or entertainment that contain or promote obscene matter, as defined in Title 17, section 2911, subsection 1, paragraph D;

Tattoos, as defined by Title 32, section 4201, or body art; or

Retail marijuana and retail marijuana products as defined by Title 7, section 2442.

Penalty for misuse – When a recipient is suspected of using the EBT system to purchase a restricted item or service as defined in f) above, a referral will be made to the Fraud, Investigation and Recovery Unit (FIRU).

When the recipient has, based on clear and convincing documentary evidence as determined by the Department, knowingly purchased a product or service in violation of f) above, the recipient is deemed to have received an overpayment in the amount of the prohibited purchase.

The recipient is also subject to the following penalties:

For the first offense, the recipient shall be disqualified from receiving benefits for a period of 3 months;

For the second offense, the recipient shall be disqualified from receiving benefits for a period of 12 months; and

For the third and subsequent offenses, the recipient shall be disqualified from receiving benefits for a period of 24 months.

When the department has determined that a recipient has violated f) above, the Department must initiate a Fair Hearing on behalf of that recipient. The notice of hearing and fair hearing will be conducted according to the policy in this Chapter.

Restricted Locations – A recipient may not use an EBT card at the locations listed below:

A retail establishment where 50% or more of the gross revenue of the establishment is derived from the sale of liquor;

A gambling facility, except that use of the electronic benefits transfer system is permitted in any portion of the premises of a gambling facility that is set aside separately for the sale primarily of staple foods; and

A retail establishment that provides adult-oriented entertainment in which performers disrobe or perform in an unclothed state for entertainment.

Use of the EBT card at a restricted location listed in h), above will result in an Intentional Program Violation (IPV) and, a referral to the Fraud Investigation Unit for further review and recovery.

Lost, Stolen or Damaged EBT Card

Clients will report lost, stolen or damaged cards to the EBT Customer Service Help Desk by calling the toll free number, 1-800-477-7428.

EBT Help Desk Staff will “status” the card as lost, stolen, or damaged.

After the EBT Help Desk Staff gets identification to appropriately identify the client, a replacement card will be issued this way:

If the client lives at the same address known to DHHS/BFI and the client has enough money in the EBT account to pay for the card replacement fee, the help desk will authorize the replacement card, which will be mailed out on the next DHHS/BFI business day.

The client can continue to use the same PIN or may change the PIN by using the same toll free EBT Help Desk number, or they may go to a local office.

If the client’s address has changed or there is not enough money in the client’s EBT account to pay for the card replacement fee, the EBT Help Desk will not authorize a card replacement. The client will be told to contact a local office to report the new circumstances. After the client’s case record is updated, the client must follow procedures explained in paragraph 1.

EBT Card Replacements and Fees

No fee will be charged for either the original card or the first replacement card within a 12-month period.

The following fees will be charged for the second and subsequent replacement cards within a 12-month period:

 2 nd replacement = $1.00 fee  3 rd replacement = $2.00 fee  4 th replacement = $3.00 fee  5 th replacement = $4.00 fee  6 th replacement = $5.00 fee  Subsequent replacements = $5.00 fee

The fee must be paid at the time the card is issued. It can be paid by check, money order or through the client’s EBT account. Cash will not be accepted.

Card fees can be waived by Program Administrators or their designee when hardships exists.

END OF CHAPTER

WHOLE FAMILY ECONOMIC SECURITY INITIATIVES:

General: The Department will annually provide a maximum of $2,000,000 from Maine’s Temporary Assistance for Needy Families block grant to community action agencies as defined in 22 M.R.S. §5324 or other community-based organizations to assist parents of minor children in their pursuit of stable employment or education intended to lead to employment.

Organization Qualification: The organization must demonstrate to the Department that it has the resources and capacity to implement evidence-based practices to provide services.

Family Eligibility: Selected vendors may provide services to parents and minor children whose monthly gross household income is less than 200% of the nonfarm income official Federal Poverty Limit.

Current FPL amounts are issued annually by the U.S. Department of Health and Human Services and can be found on the Internet at: https://aspe.hhs.gov/poverty-guidelines.

An individual can also receive a copy of the current FPL amounts by contacting his/her local DHHS office, or by writing to:

OFFICE FOR FAMILY INDEPENDENCE

11 State House Station, 19 Union Street

Augusta, Maine 04333-0011

and requesting a copy. Department staff making eligibility determinations will also have current FPL information and can share that information with an applicant upon request.

Contract requirements and process:

The Department shall select vendors to provide these services.

The Department shall review the contracts annually.

The Department shall include in this annual review the evaluation of:

i. Performance measures;

ii. Participant satisfaction and well-being; and

iii. Fiscal and administrative accountable.

Vendors will be required to demonstrate the items outlined in (4) (b) as a contractual requirement.

LEGAL BASIS: In addition to the basic TANF and PaS programs, the Department of Health and Human Services administers a limited program of Emergency Assistance. The program was originally authorized by the 111th Legislature . In the event of lack of funds as outlined by the Legislature, the program will end.

GENERAL RULE: Payment of services through the Emergency Assistance program is limited to children and their families who are threatened by destitution or homelessness because of emergency situations. The program does not cover all emergencies.

Authorization in the 30 day period may be made for any combination of covered payment or services within the limitations of payment maximums for some services.

The Emergency Assistance program is not a substitute for the locally administered General Assistance program, although it can be a supplement to that program and a potential resource. Eligibility is not dependent upon denial of General Assistance or the complete expenditure of General Assistance benefits prior to application.

There must be a reasonable expectation that the emergency can be alleviated through the use of Emergency Assistance funds.

TIME LIMITS: Payment of services through EA is limited to those services authorized during the 30 days following the date of initial authorization. Applications for families or individuals may be approved only once during any 12 consecutive month period. The twelve month period begins with the day following the day of the initial approval of Emergency Assistance.

Example: Initial Emergency Assistance payment authorized on 1/1/94; twelve month period is 1/2/94 through 1/1/95; family is potentially eligible again on 1/2/95.

Families which have not received Emergency Assistance benefits during the 12 consecutive month period may receive services even if a child living with the family has received services within the 12 month period. In this situation, eligibility and services provided for the child who has received Emergency Assistance during the past 12 months must have been provided while the child was living away from the family, the family's income (and assets) must not have been considered in determining this child's eligibility and another child who is eligible for Emergency Assistance services but has not received them during the 12 month period must be residing with the family.

PROGRAM REQUIREMENTS: In order to be eligible for Emergency Assistance, all of the following criteria must be met:

1. The child must be under the age of 21;

2. The child must be living with an individual described in the TANF and PaS programs as a "specified relative" or must have lived with a specified relative within the six months prior to the date of application. Women in their last trimester of pregnancy who have no other children living with them are potentially eligible. The focus of the Emergency Assistance program is the child.

NOTE: Services may be provided to a child who has been absent from the family for less than 6 months.

NOTE: Services cannot be authorized for the child's family unless the child is living with them at the time of application.

3. The child and family must meet income eligibility requirements. If the child is living alone or with a specified relative other than the child's parent and, if payment is to be made by the Emergency Assistance program only for services authorized for the child, only the child's resources are to be taken into account. If the child is living with parents, the income of the parents must be taken into account.

Income Limit: Payment for services through this program is available to families which do not have income available to provide the needed emergency care of services. For all services provided through the Emergency Assistance program, the following income limits must be met:

a. a family's income must be below 100% of the Federal Poverty Level, or

b. families must receive TANF or PaS, SSI, or Food Supplement Program benefits.

NOTE: Every household member applying for EA must receive at least one of the benefits listed above.

In determining the amount of income available to the family, the same work related disregard including the child care disregard allowed in the TANF and PaS cash programs are used.

The definitions of excluded income used in the TANF and PaS programs apply to the Emergency Assistance program.

4. All bills must be in either the applicant's name or the name of other adults or children listed on the application who meet Emergency Assistance requirements.

5. Refusal, without good cause, of a family member to accept employment or training must not have caused the circumstance requiring Emergency Assistance.

6. Payments will be made only to vendors. No reimbursements or third party payments will be approved. Copies of approvals will be made for the applicant, vendor, DHHS Accounting Office and the case file unless authorized electronically. Applicants will be notified of eligibility decisions in all circumstances.

7. All non-financial eligibility factors of the TANF and PaS cash programs must be met unless excluded below or elsewhere in this Chapter. Excluded requirements of the Emergency Assistance program are:

- Assignment of Rights to Support

- ASPIRE-TANF participation

- Third Party Liability

- Assets

- Lump Sum Income (consider any portion of the lump sum not excluded as described in Chapter III, Lump Sum as an asset)

- Income (see Income Limit and FPL in Appendix)

- Child's Age Limit (under 21 years)

Scope of Service: Assistance will be in the form of vendor payments for current or past expenses. Payment will not be authorized to other governmental or private organizations offering the same or similar services (Red Cross, Salvation Army, municipalities). Applications must be received within 30 days of receipt of the actual disconnection notice, eviction notice, foreclosure notice or lien expiration or after 30 days in situations when the crisis continues to exist. In the case of repairs or replacement the application must be received within 30 days of the date the crisis occurs or after 30 days when the crisis continues to exist. If the request is for special equipment due to handicap, the 30-day rule does not apply.

A tentative agreement has been reached between the vendor, the client and the Department when it is determined the payment will resolve the vendor's dispute. Payment will be authorized if the services have been provided in accordance with the agreement and the vendor has provided the Department with an appropriate bill.

Assistance will be limited to one consecutive 30-day period in any consecutive 12-month period. Although needs and costs may be higher, a maximum limit of $600 per family is established for services described in categories 1 through 5. Additional maximums for particular items or services are identified in later sections.

If assistance reaches the maximum before the consecutive 30-day period expires, eligibility ceases. If the consecutive 30-day period expires, eligibility also ceases, even if the maximum assistance has not been reached.

Assistance shall be used as indicated to cover needs resulting from specific types of emergencies. Evidence that the emergency occurred and details of the situation must be documented in the case record.

1. Disasters: Situations involving disaster such as fire, flood, storm causing damage and/or loss of property and goods.

Assistance may be used to provide or replace necessary household items destroyed or rendered unusable. Some items that may be considered are clothing, repairs or replacement of essential household equipment, repairs of structure (if owned or being purchased by applicant), food, emergency shelter, moving or storage of essential household equipment. This includes plumbing, electrical and carpentry work and rental of new living arrangements including a security deposit if required. Maximum payment is $350.

The applicant, adults and children listed on the application who meet Emergency Assistance/AFDC requirements must be the owner of or purchasing the property which was damaged at the time of the disaster which needs to be repaired or replaced.

Application for assistance must be received within 90 days of the disaster.

Procedure for Emergencies Involving Disasters

a. The estimate from the vendor will be used as a basis for determining which items will be approved for payment.

b. Once approval has been made a copy of the estimate indicating which items have been approved will be sent to the vendor with a letter explaining the Department’s decision.

c. If assistance is requested for plumbing, electrical, carpentry, or other similar work, estimates must be made by a reputable person in the appropriate field of work. Payment will be made only after the work has been completed by a reputable repairman, carpenter, electrician, etc. When necessary, the completion of work and the safe conditions which result are to be verified.

2. Repair/Replace: Situations involving crisis due to inadequate, broken or worn conditions of a well, chimney, septic system, furnace, heating stove, or a related essential service which infringes upon a family's ability to cope with the elements. In these situations the structure, facility or item requiring service must be owned or must be in the process of being purchased by the applicant. Approval will be made for repairs or replacement. No approval will be made for repairs or replacement of property owned by other even though such property is being used by the applicant.

Assistance may be authorized for repair of chimneys, roofs, plumbing, electrical work, furnace or other heating, septic systems and wells. In order to repair or replace heating stoves they must be the primary source of heat and not a back-up system. Maximum payment is $500.

When authorizing the purchase of a stove for heating purposes, the following is needed:

a. A statement from the fire department that the chimney and hook-up are safe and that the existing stove is unsafe and needs replacing;

b. If the request is for repair or replacement of furnace, proof of ownership of the home is needed.

NOTE: Purchase of stoves and furnaces will be limited to no more than one per household in a five year period.

Prior to authorization an estimate of the cost of repairs is required from a reputable dealer or repairman licensed for such services.

Authorization may include estimated costs. However, they must be within the overall maximums listed above.

3. Emergency Housing: Situations involving the need for housing due to condemnation of structure, domestic violence, unsafe or unhealthy conditions for the child(ren) which has been certified by a public official, or actual eviction not caused by misuse of property or other types of willful disturbance by applicant, relatives or their guests. The eligibility worker must contact the landlord to investigate the condemnation or circumstance giving rise to an actual eviction. If the landlord alleges misuse of property or other types of willful disturbance by the applicant or a guest, the eligibility worker will make every reasonable effort to investigate further to determine if the allegation is true. Where the alleged misuse of property has been caused by an abuser in a domestic violence situation, the abused person will not be denied assistance.

In this category of assistance, a maximum of $250 toward back rent, a security deposit on a new rental property, and court costs associated with evictions is allowed.

a. Evictions: When the situation involves an eviction, application must be accompanied by an eviction notice, court eviction order, or statement from the landlord or attorney that an eviction is taking place, or has taken place within the 30 days prior to application or other credible evidence that an eviction (lawful or unlawful) is or has occurred within the 30 days prior.

In instances of eviction, the applicant, other adults or children listed on the application must have the actual tenant/landlord relationship.

If the need for housing is caused by domestic violence, or unsafe or unhealthy conditions, the application must be accompanied by documents necessary to prove the situation.

The reason for the eviction must be established. In a case of nonpayment of rent, if the notice does not specify the date due and amount, the worker will ascertain this information to ensure that the eviction notice will be rescinded even if assistance does not cover all the back rent and the landlord is willing to make arrangements for a plan whereby the applicant will pay the balance in installments or through use of other resources.

b. Security Deposits: Security deposits will only be authorized only in cases described below.

1. There must be a definite landlord/tenant relationship, which can be verified by either a lease, rent receipts, or other credible information and the tenant must be actually facing eviction or must have been evicted within 30 days prior to the date of application.

2. The building is being or has been condemned.

3. The building has not been condemned but it can be verified by a public official that the facility is harmful to the health and physical wellbeing of the child(ren).

4. A lease which requires no written notice expires and the landlord refuses to extend it.

5. Domestic violence has occurred.

6. The rental property must be within the State of Maine.

c. Mortgage Payments: Past due mortgage payments will be paid if the party holding the mortgage assures that the $250.00 will prevent foreclosure even if it does not cover the entire amount due.

Past due real estate taxes will be paid to prevent foreclosure or after foreclosure if the town agrees to quit claim the property back to the client even if the $250.00 doesn't cover the amount due and if the client still lives in the property.

4. Utilities: Situations involving actual or potential shut-off of electricity, gas, bottled gas, or water and sewer bills. Potential shut-off shall means receipt of termination of service notice from the respective utility. Termination of service must be in accord with rules and regulations in Chapter 81, "Rules and Regulations for Disconnection and Deposit Regulations for Residential Utility Services", P.U.C.

In instances of potential or actual disconnection, the utility must be in the applicant's name, or n the name of the adults or children listed on the application who meet Emergency Assistance/AFDC requirements. In the event that the utility is in another person's name, the applying family unit is not responsible for payment of the bill. If the applicant, requests assistance to establish service in their name due to a disconnection of service, assistance may be provided to pay a prior bill in the name of the applicant.

Assistance for sewer bills will be granted at the time the lien put on the property for this purpose is maturing.

In such situations a maximum of $150 will be made toward arrearage of the bill. Approval of payment of the utility expense must be established with the applicant and utility vendor that shut-off will not take place even if the assistance does not cover all the back bill and that arrangements can be made for establishing a plan to pay the balance in installments directly or through use of other resources.

NOTE: In addition, on a utility with an arrearage of less than $150 the client should apply to C.A.P. for benefits before applying for Emergency Assistance. Maximum payment is $150.

NOTE: In the situation where more than one utility is to be disconnected, upon written verification additional assistance for this may be provided up to the $150 maximum not used against the first utility.

Example: $150 maximum payment

- xx authorized payment on first utility

= xxx maximum payment which can be

authorized for the second utility.

5. Special Medical Equipment or Clothing: Situations involving inability to perform daily living functions due to a physical or mental incapacity requiring special clothing or equipment not covered by Medicaid or Vocational Rehabilitation.

In such situations assistance may be authorized for items such as corrective shoes, leg braces, bandages, special stockings, back braces, adjustment of living arrangements, etc. The maximum payment is $250 per individual.

NOTE: Eye glasses are not covered for adults.

Scope of Service: Applications will be available through all Department regional offices and its Central Office. In addition, municipal officials and other social service agencies will be supplied with applications upon request. Such agencies, through assisting client in completing the application, are not required to verify information on the application. Any verification they document will be accepted by the Department.

Eligibility for Emergency Assistance will be determined by a Department of Health and Human Services Eligibility Worker. If clarification is needed, the applicant will be contacted by phone or mail. The applicant will be notified in writing whether he or she is eligible or ineligible. If eligible, notification will state the service and the amount. Hearing rights will also be outlined in the letter.

Approval will be made for one consecutive 30 day period per 12 month period. Decisions shall be made within 10 working days unless the applicant has failed to provide needed verification of information necessary to determine eligibility or asks for the application process to be extended.

Right To Hearing: Any person aggrieved by a decision, act, failure to act or delay in action concerning the application under this chapter shall have the right to an appeal. The same policy and procedure used in the TANF and PaS programs applies to Emergency Assistance with regard to hearings except that a hearing shall be held by the Administrative Hearings Officer within 10 working days following the receipt of an oral or a written request from the applicant for an appeal.

FAMILY HOUSING STABILIZATION PROGRAM

LEGAL BASIS: In addition to the basic TANF and PaS programs, the Department of Health and Human Services administers a limited temporary program called Family Housing Stabilization. This program is authorized through the American Recovery and Reinvestment Act (AARA) and is time limited. The Program will end on 9/30/2010 or when funding is exhausted, whichever occurs first. The Family Housing Stabilization Program is available to eligible clients who have been referred to the Department by the MaineHousing Homeless Diversion and Prevention Program administered as part of the Homelessness Prevention and Rapid Re-Housing Program funded under the American Recovery and Reinvestment Act of 2009.

GENERAL RULE: Payment of services through the Family Housing Stabilization (FHS) Program is limited to children and their families who are at risk of imminent homelessness due to lack of stable housing and lack of housing security. The program does not cover all situations.

In order to meet the definition of imminent risk of homelessness which is needed to qualify for assistance, the applicant must have at least one of the risk factors listed below:

Eviction from a private dwelling – The tenant has received termination notice in the form of either a Notice to Quit or a Summons and Complaint in a forcible entry and detainer action;

Foreclosure from a privately owned dwelling – the homeowner has been served a Writ of Possession issued by the court in a foreclosure proceeding;

Impending termination of a housing arrangement provided by family or friends that is not sustainable;

Discharge within two weeks from an institution in which the person has been a resident for more than 180 days (including prisons, mental health institutions, hospitals) and met the McKinney-Vento definition of homelessness at admission; or

Housing that is not fit for human habitation

Renter – Residency in a rental unit that is not fit for human habitation where the landlord is unwilling or unable to remedy unsafe or unfit living condition(s).

Private Dwellings – Residency in a privately owned dwelling that is not fit for human habitation in a manner that would force the owner to quit the premises within a two-week period.

Examples of unsafe or unfit living conditions include undrinkable water, no heat or too little heat in the winter, an inoperative septic system or a combination of problems, such as leaking ceilings, unsafe heating system, broken windows, and roaches.

Authorization in the eligibility period may be made for any combination of covered payments or services within the limitations of the payment maximum of $2,500 per family.

The FHS Program is not a substitute for the locally administered General Assistance program or for the DHHS Emergency Assistance or Alternative Aid Programs, although it can be a supplement to those programs and a potential resource. Eligibility is not dependent upon denial of General Assistance, Emergency Assistance or Alternative Aid or the complete expenditure of General Assistance, Emergency Assistance or Alternative Aid benefits prior to application.

SUSTAINABILITY STANDARD: There must be a reasonable expectation that the assistance will alleviate the risk of housing instability and that the family will be able to maintain housing security for at least the next six month period after receiving FHS assistance. The determination of the ability to maintain housing for six months following the receipt of assistance will be made by one of the designated agencies for the MaineHousing Homeless Diversion & Prevention Program.

TIME LIMITS: FHS assistance is a once in a lifetime benefit.

PROGRAM REQUIREMENTS: In order to be eligible for FHS, all of the following criteria must be met:

The child must be under the age of 21;

The child must be living with an individual described in the TANF and

PaS programs as a “specified relative”. Women in their last trimester of pregnancy who have no other children living with them are potentially eligible. The focus of the FHS program is to help families with children obtain housing security.

NOTE: Services cannot be authorized for the child’s family unless the child is living with them at the time of application.

The child and family must meet income eligibility requirements. If the child is living with parents, the income of the parents must be taken into account.

Income Limit: Payment for services through this program is available to families which do not have income available to provide the needed services. For all services provided through the FHS program, the following income limits must be met:

a. a family’s income must be below 185% of the Federal Poverty Level, or

b. families must receive TANF or PaS, SSI, or Food Supplement.

NOTE: Every household member applying for FHS must receive at least one of the benefits listed above.

In determining the amount of income available to the family, the same work related disregards, including the child care disregards, allowed in the TANF and PaS cash programs are used.

The definitions of excluded income used in the TANF and PaS programs apply to the Family Housing Stabilization Program.

All bills must be in either the applicant’s name or the name of other adults or children listed on the application who meet FHS requirements.

6. Refusal, without good cause, of a family member to accept employment or training must not have caused the circumstance requiring Family Housing Stabilization benefits.

7. A family in which the adult is under ASPIRE sanction must remedy the sanction and sign a Family Contract Amendment with the Department.

Payments will be made only to vendors. No reimbursements or third party payments will be approved. Payment will not be authorized to other governmental or private organizations offering the same or similar services (Red Cross, Salvation Army, municipalities).

9. All non-financial eligibility factors of the TANF and PaS cash programs must be met unless specifically excluded. Those requirements excluded from consideration in FHS program eligibility include Deprivation, Assignment of Rights to Support, and Third Party Liability. There is no asset limit for this program, and lump sum income (as described in this manual at Chapter III, page 25) where not excluded is considered an asset and therefore not subject to a limit. And as indicated in this chapter in #1 above, the child must be under age 21, and the income limits for the FHS program are specified in #4 above.

SCOPE OF SERVICE: Assistance will be in the form of vendor payments for current or past expenses.

A tentative agreement has been reached between the vendor, the client and the Department when it is determined the payment will resolve the housing issue. Payment will be authorized if the services have been provided in accordance with the agreement and when the vendor has provided the Department with an appropriate bill.

Although needs and costs may be higher, a maximum limit of $2,500 per family is established for services directly related to housing expenses. Payments to vendors may include, but are not limited to, payment for rent or mortgage, including arrearages; security deposits necessary to secure housing; delinquent property taxes; liens; plumbing, electrical, carpentry, or other similar work; the repair or replacement of chimneys, roofs, windows, doors, major appliances, furnace or other heating system, septic system or wells; and any other expenses necessary to sustain the housing security of the family.

Payment of services through the Housing Stabilization Program is limited to those services authorized during the 30 days following the date of initial authorization. Bills must be received by the Department within sixty (60) days of the date of initial authorization.

If assistance is requested for plumbing, electrical, carpentry, or other similar work, estimates must be made by a reputable person in the appropriate field of work. Payment will be made only after the work has been completed by a reputable repairman, carpenter, electrician, etc. The Department may request verification that the work has been completed and has resulted in safe conditions.

Expenses related to transportation are not covered by this program.

Expenses for repair, replacement or eviction caused by misuse of property or other types of willful disturbance by the applicant, relatives or their guests are not covered by this program.

If assistance reaches the maximum before the eligibility period expires, eligibility ceases.

PROCEDURES:

The applicant family makes contact with one of the designated agencies for the MaineHousing Homeless Diversion & Prevention Program administered as part of the Homelessness Prevention and Rapid Re-Housing Program funded under the American Recovery and Reinvestment Act of 2009.

Housing Stability Specialists, also called case managers, located at the designated agencies, will assess families for program eligibility and work together with the family to connect with all resources that will help the family stabilize housing.

Housing Stability Specialists will make determination that if the family has services provided, the family will have sufficient income and resources to cover expenses for the following 6 months.

Resources that the family needs to connect with might include mortgage or rental assistance, weatherization, heating system repairs, credit counseling, and any other resource directly related to housing stabilization that will assist the family.

Once all other resources are exhausted, the stability specialist will refer the applicant to DHHS for additional assistance. DHHS will make the final determination of a family’s eligibility for the Family Housing Stabilization Program.

LEGAL BASIS:

The 117th Legislature authorized the Department to establish an Alternative Aid program. 22 M.R.S. § 3763(8) requires the department to provide alternative aid to eligible applicants who seek short-term assistance in order to obtain or retain employment; and establish eligibility requirements. It limits alternative aid to no more than 3 times the value of the monthly TANF grant and aid no more than once during any 12-month period. It requires a family who reapplies for TANF within three months of receiving alternative aid to repay any alternative aid received in excess of the amount that the family would have received on TANF via the method used for the repayment of unintentional overpayments in the TANF program.

B. GENERAL RULE:

The Alternative Aid voucher payment is assistance to applicants who seek short-term help to obtain or retain employment. The intent of the program is to help families remain self-supporting by providing voucher payments worth up to three months of the TANF benefits for which they are eligible. The expectation is that by providing a larger amount of benefits in a shorter time period, the family is able to obtain or retain a job and will not become dependent on the TANF program.

Assistance includes, but is not limited to, help with car repairs, child care, resolution of a housing-related problem, uniforms, or other items necessary to assist a person in obtaining or retaining employment.

C. PARTICIPANTS:

Applicants statewide may volunteer to receive Alternative Aid. Alternative Aid is not available to families who are currently receiving TANF.

D. PAYMENT:

The Department shall pay vendor payment(s) for the application month and the two subsequent months for which the family is eligible. The Department shall authorize benefits within 30 days of application. No cash benefit is paid to the family. Vendor payments are authorized after the expense has been confirmed.

E. ELIGIBILITY REQUIREMENTS:

The rules that govern the TANF payment, including the asset limit, income limit and the budgeting process, apply to Alternative Aid assistance with the following exceptions:

(1) The initial gross income test is 133% of the Federal Poverty Level.

(2) Child support payments received minus the first $50, are counted as unearned income in determining eligibility for and the amount of the Alternative Aid benefit. (See item e.)

(3) The Alternative Aid benefit may be issued only once in any 12 consecutive month period. The 12-month period begins with the day following the day of the initial approval of Alternative Aid.

(4) The specified relative or parent must be employed or looking for work.

(5) The family is not required to assign child support, comply with ASPIRE-TANF requirements, or participate in a TANF orientation meeting.

(6) Receipt of Alternative Aid Assistance does not count towards the 60 month time limit.

(7) When the family’s income passes the pretests, the wages which would count in the grant calculation of TANF or PaS benefits are excluded income in the grant calculation of Alternative Aid Assistance.

F. receipt of alternative Aid does not count as receipt of TANF:

Periods of receipt of Alternative Aid do not constitute receipt of TANF benefits for purposes of eligibility for Transitional Food Assistance, TANF Earnings Food Benefit, Transitional Child Care, or Transitional Transportation.

G. Prohibitions against Duplicate Participation:

If during the 3 month eligibility period in which a family is receiving the Alternative Aid benefit the family applies for and is determined eligible for TANF or PaS, the family must repay any Alternative Aid received for any period which was covered by both Alternative Aid and TANF. The repayment method is the same as that used for the repayment of unintentional overpayments in the TANF program.

Families who receive Working Families Supplement Benefit (WSB) cannot receive Alternative Aid during the same time. WSB recipients can apply for Alternative Aid. If a WSB recipient applies for Alternative Aid and is found eligible, WSB can be suspended during the period of Alternative Aid eligibility and shall be reinstated after the eligibility period has ended if otherwise eligible.

H. INFORMING TANF APPLICANTS:

The Department shall explain Alternative Aid to all TANF applicants. Families may apply for Alternative Aid if they think the program will help them retain or obtain employment.

A family may apply for Alternative Aid instead of TANF by completing an application and consent form agreeing to comply with the terms of Alternative Aid.

LEGAL BASIS: The 118th Legislature authorized the Department to establish a student financial aid program based on need for up to 2000 participants known as the Parents as Scholars Program, (PaS) to aid needy students who have dependent children and who are matriculating in post-secondary undergraduate 2-year and 4-year degree-granting education programs. Enrollees in the program are provided with a package of student aid that includes aid for living expenses in an amount equivalent to TANF recipients. A family that ceases to receive aid under this chapter as a result of increased child support or increased hours of, or increased income from, employment is eligible to receive transitional support services. The program must be supported with funds other than federal block grant funds provided under the United States Social Security Act, Title IV-A. The program begins 8/1/97.

The 121st Legislature enacted law to allow the Department to use the Federal TANF Block Grant to fund twelve months of a family's PaS benefits beginning on or after July 1, 2003.

GENERAL RULE: Recipient and applicant families who qualify for TANF assistance on or after 6/20/97 may apply to participate in the PaS program instead of TANF. Individuals with marketable bachelor’s degrees are ineligible for the Parents as Scholars.

PROGRAM REQUIREMENTS: Eligibility for and the amount of assistance for PaS is determined in accordance with all the eligibility criteria and procedures used in the TANF program including assignment of child support, with the following exception:

1. Individuals applying to the program must be assessed in accordance with the provisions of the ASPIRE-TANF/PaS rules. To the extent that program resources and space permit, enrollment in the program must be granted if the ASPIRE-TANF/PaS assessment results in findings as follows:

a. the individual does not possess the necessary skills to obtain employment that will enable that individual to support a family at 85% of the median family income in the State for a family of the same size;

b. considering potential employment opportunities and local labor market conditions, the postsecondary education sought by the individual will significantly improve the ability of the family to be self-supporting; and

the individual has the aptitude to complete the proposed post-secondary program successfully.

NOTE: PaS participants are subject to the 60-month TANF time limit regardless of the funding source of the benefits. PaS participants may be eligible for a temporary extension of benefits if they meet the requirements listed in Chapter 1, Time Limits.

PARTICIPATION REQUIREMENTS: An enrollee must participate in a combination of education, training, study or work-site experience for an average of 20 hours per week in the first 24 months of the program. Aid under this chapter may continue beyond 24 months if the enrollee remains in an educational program and agrees to participate in either of the following options which are the result of Legislative action which becomes effective on September 18, 1999:

A. Fifteen hours per week of work-site experience in addition to other education, training or study; or

B. A total of 40 hours of education, training, study or work-site experience.

The Department must present both options to enrollees and permit them to choose either option. For the purpose of this subsection, work-site experience includes, but is not limited to, paid employment, work study, practicums, internships, clinical placements, laboratory or field work directly related to the enrollee's employment goal or any other work activities that, as determined by the Department, will enhance the enrollee's employability in the enrollee's field. In the last semester of the enrollee's educational program, work-site experience may also include resume preparation, employment research, interviews and other activities related to job placement.

The Department must make reasonable adjustments in the participation requirements in this subsection for good cause.

Good Cause:

For the purpose of this subsection, "good cause" means circumstances in which the required participation would cause the enrollee to seriously compromise academic performance. "Good cause" includes, but is not limited to:

1. a verifiable need to take care of a family member with special needs;

2. a physical or mental health problem, illness, accident, death; or

3. a serious personal or family problem that necessitates reduced participation or time off from education, training or work.

An enrollee receiving aid under this chapter must make satisfactory progress in the enrollee's educational program. Rules defining satisfactory academic progress are found in the ASPIRE-TANF manual. The Department may not disapprove an educational plan based solely on the length of the educational program.

The Working Families Supplement is part of the Temporary Assistance for Needy Families (TANF) program and provides a food benefit to households consisting of employed parents with minor children who receive food supplement benefits and who meet TANF work requirements. The goal of the benefit is to help transition these families to self-sufficiency.

This benefit is a food assistance benefit, not a cash benefit, and may be used only as permitted by Maine’s Food Supplement Program.

Eligibility Criteria

Eligibility is determined automatically on a monthly basis based on data in the Automated Client Eligibility System (ACES). For the household to receive the benefit, data in ACES must show that during the benefit month the household:

Received food supplement benefits; and

Did not include a member who is also receiving TANF cash assistance; and

Included a minor child whose biological or adoptive parent(s) reside in the same household; and

Met the following work requirements:

One parent household with a child(ren) over the age of six – 30 hours per week.

Single parent with a child under age six – 20 hours per week.

Two parent household – 35 hours per week or 55 hours if receiving federally funded childcare subsidies; and

Except as provided above, all other TANF requirements or limitations including time limits on receipt of TANF, child support assignment and participation with ASPIRE, do not apply to this program.

Amount of Benefit

The amount of the Working Families Supplement benefit will be determined by the Department and will be the same amount for each eligible household. No more than one benefit may be issued to a household per month. The Department may, at any time, suspend the Working Family Supplement or reduce the benefit amount.

Notice of Eligibility

Eligible households will receive monthly notice of their eligibility for the Working Families Supplement. When a household that has previously received the benefit becomes ineligible, a notice will be sent informing the household of the change in its eligibility, the reason the change, and the right to appeal.

Issuance

The Working Families Supplement benefit will be issued to eligible households on their existing food supplement electronic benefit transfer (EBT) card. The benefit will be issued during the first five business days of the month based on the prior month’s work hours.

Table of Percentages for First Month Payment

28 Day | Month Percent | 29 Day | Month Percent | 30 Day | Month Percent | 31 Day | Month Percent 1 | 100.00 | 1 | 100.00 | 1 | 100.00 | 1 | 100.00 2 | 96.43 | 2 | 96.55 | 2 | 96.67 | 2 | 96.77 3 | 92.86 | 3 | 93.10 | 3 | 93.33 | 3 | 93.55 4 | 89.29 | 4 | 89.66 | 4 | 90.00 | 4 | 90.32 5 | 85.71 | 5 | 86.21 | 5 | 86.67 | 5 | 87.10 6 | 82.14 | 6 | 82.76 | 6 | 83.33 | 6 | 83.87 7 | 78.57 | 7 | 79.31 | 7 | 80.00 | 7 | 80.65 8 | 75.00 | 8 | 75.86 | 8 | 76.67 | 8 | 77.42 9 | 71.43 | 9 | 72.41 | 9 | 73.33 | 9 | 74.19 10 | 67.86 | 10 | 68.97 | 10 | 70.00 | 10 | 70.97 11 | 64.29 | 11 | 65.52 | 11 | 66.67 | 11 | 67.74 12 | 60.71 | 12 | 62.07 | 12 | 63.33 | 12 | 64.52 13 | 57.14 | 13 | 58.62 | 13 | 60.00 | 13 | 61.29 14 | 53.57 | 14 | 55.17 | 14 | 56.67 | 14 | 58.06 15 | 50.00 | 15 | 51.72 | 15 | 53.33 | 15 | 54.84 16 | 46.43 | 16 | 48.28 | 16 | 50.00 | 16 | 51.61 17 | 42.86 | 17 | 44.83 | 17 | 46.67 | 17 | 48.39 18 | 39.29 | 18 | 41.38 | 18 | 43.33 | 18 | 45.16 19 | 35.71 | 19 | 37.93 | 19 | 40.00 | 19 | 41.94 20 | 32.14 | 20 | 34.48 | 20 | 36.67 | 20 | 38.71 21 | 28.57 | 21 | 31.03 | 21 | 33.33 | 21 | 35.48 22 | 25.00 | 22 | 27.59 | 22 | 30.00 | 22 | 32.26 23 | 21.43 | 23 | 24.14 | 23 | 26.67 | 23 | 29.03 24 | 17.86 | 24 | 20.69 | 24 | 23.33 | 24 | 25.81 25 | 14.29 | 25 | 17.24 | 25 | 20.00 | 25 | 22.58 26 | 10.71 | 26 | 13.79 | 26 | 16.67 | 26 | 19.35 27 | 7.14 | 27 | 10.34 | 27 | 13.33 | 27 | 16.13 28 | 3.57 | 28 | 6.90 | 28 | 10.00 | 28 | 12.90 29 | 3.45 | 29 | 6.67 | 29 | 9.68 30 | 3.33 | 30 | 6.45 31 | 3.2 3

Standard of Need and Maximum Grant Amounts

For Special Need Housing Households, add $300 to the Standard of Need and Basic Max Grant amounts for the appropriate household size.

FFY 2022 (October 2021-September 2022)

ADULT INCLUDED NUMBER IN HH | 1 | 2 | 3 | 4 | 5 | 6 | 7 | 8 | ADD STANDARD OF NEED | 362 | 569 | 763 | 960 | 1,153 | 1,348 | 1,544 | 1,740 | 195 BASIC MAX GRANT | 298 | 469 | 628 | 791 | 948 | 1,108 | 1,270 | 1,431 | 160 CHILD ONLY NUMBER IN HH | 1 | 2 | 3 | 4 | 5 | 6 | 7 | 8 | ADD STANDARD OF NEED | 214 | 409 | 605 | 798 | 995 | 1,190 | 1,385 | 1,579 | 195 BASIC MAX GRANT | 178 | 339 | 500 | 657 | 820 | 979 | 1,140 | 1,299 | 160

FFY 2023 (October 2023-September 2023)

ADULT INCLUDED NUMBER IN HH | 1 | 2 | 3 | 4 | 5 | 6 | 7 | 8 | ADD STANDARD OF NEED | 379 | 597 | 800 | 1,006 | 1,209 | 1,414 | 1,619 | 1,824 | 204 BASIC MAX GRANT | 315 | 497 | 665 | 837 | 1,004 | 1,174 | 1,345 | 1,515 | 169 CHILD ONLY NUMBER IN HH | 1 | 2 | 3 | 4 | 5 | 6 | 7 | 8 | ADD STANDARD OF NEED | 224 | 429 | 634 | 837 | 1,043 | 1,247 | 1,452 | 1,656 | 204 BASIC MAX GRANT | 188 | 359 | 529 | 696 | 868 | 1,036 | 1,207 | 1,376 | 169

FFY 2024 (October 2023-September 2024)

ADULT INCLUDED NUMBER IN HH | 1 | 2 | 3 | 4 | 5 | 6 | 7 | 8 | ADD STANDARD OF NEED | 407 | 640 | 858 | 1,079 | 1,297 | 1,516 | 1,736 | 1,956 | 219 BASIC MAX GRANT | 343 | 540 | 723 | 910 | 1,092 | 1,276 | 1,462 | 1,647 | 184 CHILD ONLY NUMBER IN HH | 1 | 2 | 3 | 4 | 5 | 6 | 7 | 8 | ADD STANDARD OF NEED | 241 | 460 | 680 | 897 | 1,119 | 1,338 | 1,557 | 1,775 | 219 BASIC MAX GRANT | 205 | 390 | 575 | 756 | 944 | 1,127 | 1,312 | 1,495 | 184

FFY 2025 (October 2024-September 2025)

ADULT INCLUDED NUMBER IN HH | 1 | 2 | 3 | 4 | 5 | 6 | 7 | 8 | ADD STANDARD OF NEED | 489 | 769 | 1,030 | 1,296 | 1,557 | 1,820 | 2,085 | 2,349 | 263 BASIC MAX GRANT | 425 | 669 | 895 | 1,127 | 1,352 | 1,580 | 1,811 | 2,040 | 228 CHILD ONLY NUMBER IN HH | 1 | 2 | 3 | 4 | 5 | 6 | 7 | 8 | ADD STANDARD OF NEED | 290 | 553 | 817 | 1,077 | 1,344 | 1,607 | 1,870 | 2,131 | 263 BASIC MAX GRANT | 254 | 483 | 712 | 936 | 1,169 | 1,396 | 1,625 | 1,851 | 228

FFY 2026 (October 2025-September 2026)

ADULT INCLUDED NUMBER IN HH | 1 | 2 | 3 | 4 | 5 | 6 | 7 | 8 | ADD STANDARD OF NEED | 500 | 786 | 1,052 | 1,324 | 15,91 | 1,860 | 2,130 | 2,400 | 269 BASIC MAX GRANT | 436 | 686 | 917 | 1,155 | 1,386 | 1,620 | 1,856 | 2,091 | 234 CHILD ONLY NUMBER IN HH | 1 | 2 | 3 | 4 | 5 | 6 | 7 | 8 | ADD STANDARD OF NEED | 296 | 565 | 835 | 1,100 | 1,373 | 1,642 | 1,911 | 2,177 | 269 BASIC MAX GRANT | 260 | 495 | 730 | 959 | 1,198 | 1,431 | 1,666 | 1,897 | 234

WORKSHEET FOR CALCULATING TCC PARENT FEES AND SUBSIDY PAYMENTS

Effective February 5, 2023 through February 3, 2024

WEEKLY GROSS INCOME BY FAMILY SIZE % of FPL to 250% | % of Weekly Gross Income | 1 | 2 | 3 | 4 Up to 25% | 2% | 0 – 71 | 0 – 96 | 0 – 121 | 0 – 146 26 to 50% | 4% | 71.01 – 142 | 96.01 – 192 | 121.01 – 241 | 146.01 – 291 51 to 75% | 5% | 142.01 – 212 | 192.01 – 287 | 241.01 – 362 | 291.01 – 437 76 to 100% | 6% | 212.01 – 283 | 287.01 – 383 | 362.01 – 482 | 437.01 – 582 101 to 125% | 8% | 283.01 – 354 | 383.01 – 478 | 482.01 – 603 | 582.01 – 727 126 to 150% | 9% | 354.01 – 424 | 478.01 – 574 | 603.01 – 723 | 727.01 – 873 151 to 200% | 10% | 424.01 – 566 | 574.01 – 765 | 723.01 – 964 | 873.01 – 1,163 201 to 250% | 10% | 566.01 – 707 | 765.01 – 956 | 964.01 – 1,205 | 1,163.01 – 1,454 5 | 6 | 7 | 8 Up to 25% | 2% | 0 - 171 | 0 – 196 | 0 – 221 | 0 – 245 26 to 50% | 4% | 171.01 – 341 | 196.01 – 391 | 221.01 – 441 | 245.01 – 490 51 to 75% | 5% | 341.01 – 511 | 391.01 – 586 | 441.01 – 661 | 490.01 – 735 76 to 100% | 6% | 511.01 – 682 | 586.01 – 781 | 661.01 – 881 | 735.01 – 980 101 to 125% | 8% | 682.01 – 852 | 781.01 – 976 | 881.01 – 1,101 | 980.01 – 1,225 126 to 150% | 9% | 852.01 – 1,022 | 976.01 – 1,172 | 1,101.01 – 1,321 | 1,225.01 – 1,470 151 to 200% | 10% | 1,022.01 – 1,363 | 1,172.01 – 1,562 | 1,321.01 – 1,761 | 1,470.01 – 1,960 201 to 250% | 10% | 1,363.01 – 1,703 | 1,562.01 – 1,952 | 1,761.01 – 2,201 | 1,960.01 – 2,450 9 | 10 | 11 | 12 Up to 25% | 2% | 0 – 270 | 0 – 295 | 0 – 320 | 0 – 345 26 to 50% | 4% | 270.01 – 540 | 295.01 – 590 | 320.01 – 640 | 345.01 – 690 51 to 75% | 5% | 540.01 – 810 | 590.01 – 885 | 640.01 – 960 | 690.01 – 1,034 76 to 100% | 6% | 810.01 – 1,080 | 885.01 – 1,180 | 960.01 – 1,279 | 1,034.01 – 1,379 101 to 125% | 8% | 1,080.01 – 1,350 | 1,180.01 – 1,474 | 1,279.01 – 1,599 | 1,379.01 – 1,723 126 to 150% | 9% | 1,350.01 – 1,620 | 1,474.01 – 1,769 | 1,599.01 – 1,919 | 1,723.01 – 2,068 151 to 200% | 10% | 1,620.01 – 2,160 | 1,769.01 – 2,359 | 1,919.01 – 2,558 | 2,068.01 – 2,757 201 to 250% | 10% | 2,160.01 – 2,699 | 2,359.01 – 2,948 | 2,558.01 – 3,198 | 2,757.01 – 3,446 9 | 10 | 11 | 12 Up to 25% | 2% | 0 – 270 | 0 – 295 | 0 – 320 | 0 – 345 26 to 50% | 4% | 270.01 – 540 | 295.01 – 590 | 320.01 – 640 | 345.01 – 690 51 to 75% | 5% | 540.01 – 810 | 590.01 – 885 | 640.01 – 960 | 690.01 – 1,034 76 to 100% | 6% | 810.01 – 1,080 | 885.01 – 1,180 | 960.01 – 1,279 | 1,034.01 – 1,379 101 to 125% | 8% | 1,080.01 – 1,350 | 1,180.01 – 1,474 | 1,279.01 – 1,599 | 1,379.01 – 1,723 126 to 150% | 9% | 1,350.01 – 1,620 | 1,474.01 – 1,769 | 1,599.01 – 1,919 | 1,723.01 – 2,068 151 to 200% | 10% | 1,620.01 – 2,160 | 1,769.01 – 2,359 | 1,919.01 – 2,558 | 2,068.01 – 2,757 201 to 250% | 10% | 2,160.01 – 2,699 | 2,359.01 – 2,948 | 2,558.01 – 3,198 | 2,757.01 – 3,446

Effective February 4, 2024 June 03, 2024

WEEKLY GROSS INCOME BY FAMILY SIZE % of FPL to 250% | % of Weekly Gross Income | 1 | 2 | 3 | 4 Up to 25% | 2% | 0 – 73 | 0 – 100 | 0 – 126 | 0 – 152 26 to 50% | 4% | 73.01 – 146 | 100.01 – 199 | 126.01 – 251 | 152.01 – 303 51 to 75% | 5% | 146.01 – 219 | 199.01 – 298 | 251.01 – 376 | 303.01 – 454 76 to 100% | 6% | 219.01 – 292 | 298.01 – 397 | 376.01 – 501 | 454.01 – 605 101 to 125% | 8% | 292.01 – 365 | 397.01 – 496 | 501.01 – 626 | 605.01 – 756 126 to 150% | 9% | 365.01 – 438 | 496.01 – 595 | 626.01 – 751 | 756.01 – 907 151 to 200% | 10% | 438.01 – 584 | 595.01 – 793 | 751.01 – 1,001 | 907.01 – 1,210 201 to 250% | 10% | 584.01 – 729.76 | 793.01 – 990.46 | 1,001.01 – 1,251.16 | 1,210.01 – 1,511.62 5 | 6 | 7 | 8 Up to 25% | 2% | 0 - 178 | 0 – 204 | 0 – 230 | 0 – 256 26 to 50% | 4% | 178.01 – 355 | 204.01 – 407 | 230.01 – 459 | 256.01 – 511 51 to 75% | 5% | 355.01 – 532 | 407.01 – 610 | 459.01 – 689 | 511.01 – 767 76 to 100% | 6% | 532.01 – 710 | 610.01 – 814 | 689.01 – 918 | 767.01 – 1,022 101 to 125% | 8% | 710.01 – 887 | 814.01 – 1,017 | 918.01 – 1,147 | 1,022.01 – 1,278 126 to 150% | 9% | 887.01 – 1,064 | 1,017.01 – 1,220 | 1,147.01 – 1,377 | 1,278.01 – 1,533 151 to 200% | 10% | 1,064.01 – 1,419 | 1,220.01 – 1,627 | 1,377.01 – 1,835 | 1,533.01 – 2,044 201 to 250% | 10% | 1,419.01 – 1,772.32 | 1,627.01 – 2,033.02 | 1,835.01 – 2,293.72 | 2,044.01 – 2,554.41 9 | 10 | 11 | 12 Up to 25% | 2% | 0 – 282 | 0 – 308 | 0 – 334 | 0 – 360 26 to 50% | 4% | 282.01 – 564 | 308.01 – 616 | 334.01 – 668 | 360.01 – 720 51 to 75% | 5% | 564.01 – 845 | 616.01 – 923 | 668.01 – 1,001 | 720.01 – 1,080 76 to 100% | 6% | 845.01 – 1,127 | 923.01 – 1,231 | 1,001.01 – 1,335 | 1,080.01 – 1,439 101 to 125% | 8% | 1,127.01 – 1,408 | 1,231.01 – 1,538 | 1,335.01 – 1,669 | 1,439.01 – 1,799 126 to 150% | 9% | 1,408.01 – 1,690 | 1,538.01 – 1,846 | 1,669.01 – 2,002 | 1,799.01 – 2,159 151 to 200% | 10% | 1,690.01 – 2,253 | 1,846.01 – 2,461 | 2,002.01 – 2,670 | 2,159.01 – 2,878 201 to 250% | 10% | 2,253.01 – 2,815.11 | 2,461.01 – 3,075.58 | 2,670.01 – 3,336.27 | 2,878.01 – 3,596.97

FEDERAL POVERTY LEVELS

Federal Poverty Levels are updated periodically in the Federal Register by the U.S. Department of Health and Human Services under the authority of 42 U.S.C. § 9902(2) and can be found on the Internet at: https://aspe.hhs.gov/poverty-guidelines.

An individual can also receive a copy of the current FPL amounts by contacting their local DHHS office, or by writing to:

OFFICE FOR FAMILY INDEPENDENCE

11 State House Station, 109 Capitol Street

Augusta, Maine 04333-0011

and requesting a copy. Department staff making eligibility determinations also have current FPL information and can share that information with an applicant upon request.

The market rate caps that apply to Transitional Child Care are updated periodically by the Maine Department of Health and Human Services Office of Child and Family Services under the authority of 22 M.R.S. § 3737(4) and regulation at 10-148 C.M.R. ch. 6 §§ 5 and 11. They may be found at: maine.gov/dhhs/ocfs.

RELATIONSHIPS

5.| great-great-great-grandparent

|

4.| great-great-grandparent

|Ì

3.| great-grandfather/grandmother 5. great-granduncle/

| grandaunt

|Ì

2.| grandfather/mother 4. granduncle/grandaunt

| |

| 5. 1st cousin (once removed)

|

|Ì

1.| father/mother 3. uncle/aunt

| |

| 4. 1st cousin

| |

| 5. 1st cousin (once removed)

|

|Ì

| self 2. brother/sister

| |

1.| son/daughter 3. nephew/niece

| |

2.| grandson/daughter 4. grandnephew/niece

| |

3.| great grandson/daughter 5. great-grandnephew/niece

|

4.| great-great grandchild

|

5.| great-great-great grandchild

STATUTORY AUTHORITY: 22 M.R.S. §§ 42(1), 3762

AMENDED:

November 14, 2018 – filing 2018-244

December 22, 2019 – filing 2019-243

April 29, 2020 – filing 2020-098

October 01, 2021 – filing 2021-191

December 10, 2022 – filing 2022-234

June 04, 2024 – filing 2024-135

September 01, 2024 – filing 2024-208

October 13, 2024 – filing 2024-233

January 13, 2025 – filing 2025-003

July 01, 2025 – filing 2025-137

November 02, 2025 – filing 2025-215

November 30, 2025 – filing 2025-231; reposted December 8, 2025 following accessibility check

APAO ACCESSIBILITY CHECK: December 8, 2025 (no issues detected)