Maine Revised Statutes Title 22 Sec. 4308 – Applications
Current as of: 2023 | Check for updates
|
Other versions
In order to receive assistance from any municipality, the applicant or a duly authorized representative must file a written application with the overseer, except as provided in section 4304, subsection 3. [PL 1993, c. 410, Pt. AAA, §6 (AMD).]
1. Initial and subsequent applications. Except as provided in section 4316?A, subsection 1?A, a person who makes an application for assistance, who has not applied for assistance in that or any other municipality must have that person’s eligibility determined solely on the basis of need. All applications for general assistance that are not initial applications are repeat applications. The eligibility of repeat applicants must be determined on the basis of need and all other conditions of eligibility established by this chapter and municipal ordinance.
[PL 1993, c. 410, Pt. AAA, §6 (AMD).]
Terms Used In Maine Revised Statutes Title 22 Sec. 4308
- Basic necessities: means food, potable water, clothing, shelter, fuel, electricity, nonelective medical services as recommended by a physician, nonprescription drugs, telephone where it is necessary for medical reasons and any other commodity or service determined essential by the overseer in accordance with the municipality's ordinance and this chapter. See Maine Revised Statutes Title 22 Sec. 4301
- Emergency: means any life threatening situation or a situation beyond the control of the individual which, if not alleviated immediately, could reasonably be expected to pose a threat to the health or safety of a person. See Maine Revised Statutes Title 22 Sec. 4301
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Homelessness: means a situation in which a person or household is:
A. See Maine Revised Statutes Title 22 Sec. 4301Household: means an individual or a group of individuals who share a dwelling unit. See Maine Revised Statutes Title 22 Sec. 4301 Income: means any form of income in cash or in kind received by the household, including net remuneration for services performed, cash received on either secured or unsecured credit, any payments received as an annuity, retirement or disability benefits, veterans' pensions, workers' compensation, unemployment benefits, benefits under any state or federal categorical assistance program, supplemental security income, social security and any other payments from governmental sources, unless specifically prohibited by any law or regulation, court ordered support payments, income from pension or trust funds, household income from any other source, including relatives or unrelated household members and any benefit received pursuant to Title 36, chapter 907, Title 36, section 5219?II and Title 36, section 5219?KK, unless used for basic necessities as defined in section 4301, subsection 1. See Maine Revised Statutes Title 22 Sec. 4301 Lump sum payment: means a one-time or typically nonrecurring sum of money issued to an applicant or recipient. See Maine Revised Statutes Title 22 Sec. 4301 Municipality: includes cities, towns and plantations, except that "municipality" does not include plantations in Title 10, chapter 110, subchapter IV; or Title 30?A, Part 2. See Maine Revised Statutes Title 1 Sec. 72 Need: means the condition whereby a person's income, money, property, credit, assets or other resources available to provide basic necessities for the individual and the individual's family are less than the maximum levels of assistance established by the municipality. See Maine Revised Statutes Title 22 Sec. 4301 Overseer: means an official designated by a municipality to administer a general assistance program. See Maine Revised Statutes Title 22 Sec. 4301
1-A. Limit on housing assistance. Except as provided in subsections 1?B and 2, housing assistance provided pursuant to this chapter is limited to a maximum of 9 months during the period from July 1, 2012 to June 30, 2013.
[PL 2011, c. 655, Pt. R, §2 (NEW).]
1-B. Extension of housing assistance due to hardship. An applicant is eligible for housing assistance under this chapter beyond the limit established in subsection 1?A if the applicant has a severe and persistent mental or physical condition warranting such an extension or has an application for assistance pending with the federal Social Security Administration.
[PL 2011, c. 655, Pt. R, §2 (NEW).]
2. Emergencies. A person, including a person experiencing or facing homelessness, who does not have sufficient resources to provide one or more basic necessities in an emergency is eligible for emergency general assistance, even when that applicant has been found ineligible for nonemergency general assistance, except as provided in this subsection.
A. A person who is currently disqualified from general assistance for a violation of section 4315, 4316?A or 4317 is ineligible for emergency assistance under this subsection. [PL 1985, c. 489, §§5, 14 (NEW).]
B. Municipalities may by standards adopted in municipal ordinances restrict the disbursement of emergency assistance to alleviate emergency situations to the extent that those situations could not have been averted by the applicant’s use of income and resources for basic necessities. The person requesting assistance shall provide evidence of income and resources for the applicable time period. [PL 1991, c. 528, Pt. OOO, §1 (AMD); PL 1991, c. 528, Pt. RRR (AFF); PL 1991, c. 591, Pt. OOO, §1 (AMD).]
A municipality may provide emergency assistance when the municipality determines that an emergency is imminent and that failure to provide assistance may result in undue hardship and unnecessary costs.
[PL 2019, c. 515, §2 (AMD).]
3. Initial applicant. Notwithstanding section 4301, subsection 7, the household of an initial applicant that is otherwise eligible for emergency assistance may not be denied emergency assistance to meet an immediate need solely on the basis of the proration of a lump sum payment. Upon subsequent applications, that household’s eligibility is subject to all the standards established by this chapter.
[PL 2001, c. 571, §3 (NEW).]
SECTION HISTORY
PL 1983, c. 577, §1 (NEW). PL 1985, c. 489, §§5,14 (RPR). PL 1989, c. 322, §3 (AMD). PL 1991, c. 9, §§U5,6 (AMD). PL 1991, c. 528, §OOO1 (AMD). PL 1991, c. 528, §RRR (AFF). PL 1991, c. 591, §OOO1 (AMD). PL 1993, c. 410, §AAA6 (AMD). PL 1999, c. 45, §1 (AMD). PL 2001, c. 571, §3 (AMD). PL 2011, c. 655, Pt. R, §2 (AMD). PL 2019, c. 515, §2 (AMD).