C.M.R. 10, 144, ch. 331, VIII - Emergency Assistance

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 in 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:

1. 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;

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

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

4. 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

5. 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:

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". 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.

3. 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.

4. 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.

5. 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.

8. 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.

Notes

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