Maine Revised Statutes Title 22 Sec. 3825 – Exceptions to collections from minors
Current as of: 2023 | Check for updates
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1. Definitions. As used in this section, unless the context otherwise indicates, the following terms have the following meanings.
A. “AFDC” means the Aid to Families with Dependent Children program administered pursuant to former chapter 1053. [PL 2001, c. 551, §2 (NEW).]
B. “TANF” means the Temporary Assistance for Needy Families program, under the United States Social Security Act, as amended by the federal Personal Responsibility and Work Opportunity Reconciliation Act of 1996, Public Law 104-193, 110 Stat. 2105. [PL 2001, c. 551, §2 (NEW).]
C. “SNAP” means the Supplemental Nutrition Assistance Program established under chapter 851. [PL 2023, c. 405, Pt. C, §13 (NEW).]
[PL 2023, c. 405, Pt. C, §13 (AMD).]
Terms Used In Maine Revised Statutes Title 22 Sec. 3825
- Adult: means a person who has attained the age of 18 years. See Maine Revised Statutes Title 1 Sec. 72
- Assistance unit: means the individuals whose need the department considers when determining whether an applicant or recipient is eligible for program benefits. See Maine Revised Statutes Title 22 Sec. 3811
- Bankruptcy: Refers to statutes and judicial proceedings involving persons or businesses that cannot pay their debts and seek the assistance of the court in getting a fresh start. Under the protection of the bankruptcy court, debtors may discharge their debts, perhaps by paying a portion of each debt. Bankruptcy judges preside over these proceedings.
- Department: means the Department of Health and Human Services. See Maine Revised Statutes Title 22 Sec. 1-A
- Dependent: A person dependent for support upon another.
- Overpayment: means program benefits that exceed the amount of program benefits for which an individual or assistance unit is eligible when the department or a court has determined that the benefits were provided as a result of an intentional program violation, an unintentional error by the individual or household or an error by the department. See Maine Revised Statutes Title 22 Sec. 3811
- Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide.
- United States: includes territories and the District of Columbia. See Maine Revised Statutes Title 1 Sec. 72
2. TANF and SNAP. To the extent allowable by federal law, a TANF or SNAP overpayment may not be collected from a person who was a minor dependent in the household at the time the overpayment accrued.
[PL 2023, c. 405, Pt. C, §14 (AMD).]
3. AFDC. If the caretaker relative and all adult members of an overpaid assistance unit can not be located, are deceased or have had the overpayment discharged in bankruptcy and a minor dependent member of the overpaid assistance unit is receiving benefits from AFDC or TANF, or its successor programs, the department may reduce benefits to the extent required by federal law. To the extent allowable by federal law, the department may not otherwise seek to recover overpaid benefits from anyone who was a minor dependent member of the AFDC assistance unit at the time that the AFDC overpayment accrued.
[PL 2001, c. 551, §2 (NEW).]
4. Rulemaking. The department may adopt rules to implement this section. Rules adopted pursuant to this section are routine technical rules as defined in Title 5, chapter 375, subchapter II?A.
[PL 2001, c. 551, §2 (NEW).]
SECTION HISTORY
PL 2001, c. 551, §2 (NEW). PL 2023, c. 405, Pt. C, §§13, 14 (AMD).