Date posted:
Attachment(s):
The adopted rule clarifies program requirements in Chapters I, II, IV and V for applicants and the Department as they relate to non-citizen eligibility. These requirements are consistent with 42 U.S.C. § 602 and 45 C.F.R. § 260. Asset limit changes in Chapter III are consistent with P.L. 2023 Ch. 366, An Act to Allow Maine Families to Increase Their Savings by Changing the Asset Limits for Eligibility for the Temporary Assistance for Needy Families Program.
The adopted rule clarifies Chapter V (3)(c) by waiving the Parent Fee Requirement for any family with a gross weekly income equal to or less than 250%. Ch. V (4)(c)(ii) calculation of the parent fee is updated to align with Ch. V (3)(c) as permitted by 22 M.R.S. § 3762(8)(C).
The adopted rule removes “Escalating Sanctions” and associated language from Ch. II (F)(1)(d), (H)(3), and (H)(3)(a)(i and ii). Ch. II (H)(3) provides clarification to benefits termination due to failure to comply with program requirements. In addition, this rule removes Chapter II (H)(3)(f). This provision has a retroactive application to June 1, 2022, as required by P.L. 2021, ch. 97, §§ 1 and 2.
Pursuant to 22 M.R.S. § 3762(8)(C), Appendix Charts page 3, Worksheet For Calculating TCC Parent Fees and Subsidy Payments, is updated based on Federal Poverty Level (FPL) figures published in the Annual Update of the HHS Poverty Guidelines, 88 Fed. Reg. 3424. https://www.federalregister.gov/documents/2023/01/19/2023-00885/annual-update-of-the-hhs-poverty-guidelines. This provision has retroactive application dates to February 5, 2023 and February 4. 2024.
Chapter III, Asset limit changes consistent with P.L. 2023 Ch. 366 are effective retroactive to October 25, 2023.
22 M.R.S. § 3769-C(1)(D) requires that the Department increase Appendix Chart, page 2, Standard of Need and Maximum Grant, each October based on the Cost-of-Living Increase used by the Social Security Administration. This rulemaking applies these changes effective retroactive to October 1, 2023.
Retroactive rulemaking is authorized by the Legislature in accordance with 22 M.R.S. § 42(8) because the rule provides a benefit to recipients and beneficiaries and does not have an adverse financial effect on either providers or recipients.
The following changes have been made to the adopted rule:
Table of Contents:
Chapter X - The Department determined it necessary to make a non-substantial change to the outline of Chapter X - Parents as Scholars for consistency with the Table of Contents Chapter outlines. The adopted rule removed the reference to PaS in the Table of Contents.
Introduction and General Definitions:
- Page 1 adds “In a trauma informed and linguistically appropriate manner. Applicants and recipients” to the last paragraph;
- The definition for Alien is removed and a Noncitizen definition is added;
- The definition for Alien Sponsor is removed and a Noncitizen Sponsor definition is added;
- A definition for Executive Office for Immigration Review (EOIR) is added;
- A definition for Immigration Court is added; and
- A definition for United States Department of Justice (DOJ) is added.
Chapter I:
- (C)(1)(b)(iii)(g) updates Immigration and Naturalization Service to United States Citizenship and Immigration Services (USCIS).
- D)(4)(a)(iii) is added as “A sworn statement from the applicant may be provided attesting to the circumstances that make the individual unable to attend orientation; or”
- (D)(4)(a)(iv) is added as “A department issued form may be completed and signed, attesting to the circumstances that make the individual unable to attend orientation. Supporting documentation may be required if articulable doubt exists regarding the credibility of the provided self-attested statements or forms.”
- (J)(3)(g)(ii)(a)(1)(a) is updated to include sexual assault and assault.
- (J)(3)(g)(ii)(a)(1)(b) adds (iii) “A sworn statement from the applicant or recipient may be provided attesting to the circumstances that provide the basis for the Domestic Violence extension; or”
- (J)(3)(g)(ii)(a)(1)(b) adds (iv) “A department issued form may be completed and signed by the applicant or recipient, attesting to the circumstances that provide the basis for the Domestic Violence extension. Supporting documentation may be required if articulable doubt exists regarding the credibility of the provided statements or forms.
- (J)(3)(g)(ii)(a)(1)(b) adds (v) “Supporting documentation may be required if articulable doubt exists regarding the credibility of the provided statements or forms.”
- (J)(3)(g)(ii)(a)(2)(a)(i) adds “or a signed statement from a medical professional (see note below regarding minimum requirements).”
- ()J(3)(g)(ii)(a)(2) is updated with “NOTE: Statements from medical professional must be signed, dated and provided on company or provider letterhead. The letter must at a minimum contain the adult’s name, date of birth, diagnoses, information regarding any work or functional limitation(s), date of last exam, date for when the limitations began and estimated amount of time the limitation(s) are expected to last.”
- (J)(3)(g)(ii)(a)(2)(b)(i) adds “or signed statement from a medical professional (see note above regarding minimum requirements)”.
- (J)(3)(g)(ii)(a)(3) adds “and is unable to engage in substantial gainful activity.”
- (J)(3)(g)(ii)(a)(3)(c) removes “full-time”.
- (J)(3)(g)(ii)(a)(8) removes “other than citizenship or alien status.”
- (J)(3)(g)(ii)(a)(8)(b) is updated to “Homelessness or have an active eviction not caused by misuse of property by the tenant, tenant’s family or invitee of the tenant, including: criminal activity, substantial damage caused to the premises, or nuisance within the premises; or”
- (J)(3)(g)(ii)(a)(8)(e) adds “when the applicant, or recipient, initiated attainment of the required documentation prior to the verification due date.”
Chapter II:
- (C)(3)(a)(ii) adds “All requests for verification will be made in writing in accordance with the “Verification and Documentation” standards as defined in Chapter 1, Section D(5).”
- (C)(3)(a)(ii) adds clarifying language for Supplemental Verification in (a)(1-2), (b)(1-2), (b)(3)(a-d). In addition, throughout Chapter II proposed “Supplemental Verifications” have been removed.
- (C)(3)(a)(ii)(b)(1) and (C)(4)(a)(ii)(b)(1) adds “noncitizen” to status.
- Throughout Chapter II Lawful Permanent Resident replaces Legal Permanent Resident.
- Throughout Chapter II, unexpired has been removed from “the most current unexpired version of a letter or other document from DHS stating that they have received an application for asylum or a document…”
- (C)(3)(a)(3)(b) adds “the individual’s immigration related A-Number. Throughout Chapter II, A-Number replaces an individual’s USCIS number.
- (C)(3)(b)(v)(a)(1-2) 8 U.S.C. § 1641 replaces 8 U.S.C. § 1522.
- (C)(3)(b)(v) updates “c. Supplemental Verification” to “Additional Supplemental Verification.”
- (C)(3)(b)(viii) Afghan Special Immigrants replaces Afghani Special Immigrants.
- (C)(3)(b)(x)(c) “Additional Supplemental Verification” replaces “Acceptable Verification of this type”.
- (C)(3)(b)(xi)(c) is rewritten as “Additional Acceptable Verification of this type is—Verification through the trafficking victims’ verification toll-free number, (866) 401-5510”.
- (C)(3)(a)(ii)(a)(2) and (C)(4)(ii)(a)(2) are updated to “In instances where a response from DHS indicates that DHS cannot yet provide a definitive result due to a technical error, the Department shall honor the attested to status on the supplemental verification until such time that a data match response is received from DHS.”
- (C)(4) adds “An individual who is not a citizen or national of the United States must present proof of immigration registration from the U.S. Citizenship and Immigration Services (USCIS), Department of Justice (DOJ) or other documents indicating the individual’s noncitizen status.”
- (C)(4)(a)(i) adds “or electronic verification through the Department of Justice (DOJ), Executive Office for Immigration Review (EOIR) are the controlling verification types.”
- (C)(4)(a)(ii) adds “with DHS or DOJ,” “Supplemental Verifications” may be provided to aid in the data match verification process. All requests for verification will be made in writing in accordance with the “Verification and Documentation” standards as defined in Chapter I, Section (D)(5).”
- (C)(4)(a)(ii)(a)(1-2) is added beginning with “Supplemental Verification serves two purposes:” for further clarity.
- (C)(4)(a)(ii)(b) is added “Unless detailed otherwise within the type below, Supplemental Verification is the most current version of a letter or other documents from DHS or DOJ or a signed affidavit from an attorney that includes”. In addition, (4)(a)(ii)(b)(1-3) are added.
- (C)(4)(a)(v)(b) adds “Acceptable verification of this condition is a letter or other document that indicates the household member is experiencing domestic violence or the effect thereof from:”
- (C)(4)(a)(v)(b)(g) is added “A sworn statement from the applicant or recipient may be provided, or a department issued form can be completed, attesting to the circumstances that provide the basis for the exception. Supporting documentation may be required if articulable doubt exists regarding the credibility of the provided statements or forms.”
- (C)(5)(a)(ii) removes “with DHS.”
- (C)(5)(b)(2)(a) “A-Number” replaces Alien number or USCIS registration number.
- (C)(5)(b)(2)(g) is added “Any documentation that would serve as acceptable or supplemental verification of the declared citizenship, noncitizen status or special conditions as defined in Sections 3 and 4 above for the respective declaration of status or special conditions.”
- (C)(5)(b)(2)(ii) adds “initial” application.
- (C)(5)(b)(iv)(a)(2)(b)(iv) adds “If otherwise eligible, benefits will be granted until the data match has been completed.”
- (C)(5)(b)(iv)(a)(2)(c) is updated to “If documentary verification has been provided, the Department shall attempt a data match in a period not to exceed 7 calendar days from the date the documentary verification is received by the Department. The attested status or special conditions are honored until such time that the data match provides the Department with a response based on the documentary verification provided by the applicant. If otherwise eligible, benefits will be granted until the data match response is received.
- (G)(3)(b) adds “orally or in writing” and “Good cause can be requested at any time.”
- (G)(3)(b)(ii)(f) removes “In the absence of all potential documentation listed in a. through e. above.” And adds “A sworn statement from the applicant or recipient may be provided” and “Supporting documentation may be required if articulable doubt exists regarding the credibility of the provided statements or forms.”
- (G)(3)(b)(iii) removes “would be against the best interest of the child or other family” and adds “may result in physical or emotional harm to one or more of the household” members.
Chapter III:
- (B) and (B)(1)(c) noncitizens replaces aliens. Chapter IV, D(5)(a)(i) USCIS replaces INS.
The Department finds that it is necessary to update the Charts: Appendix – Weekly Gross Income by Family Size effective February 4, 2024 to remain in compliance with corresponding federal standards set by the U.S. Department of Health and Human Services. This update is consistent with the 2024 Federal Poverty Levels published in the Annual Update of the HHS Poverty Guidelines, 89 Fed. Reg. 2961. https://www.federalregister.gov/documents/2024/01/17/2024-00796/annual-update-of-the-hhs-poverty-guidelines, updated at https://aspe.hss.gov/poverty-guidelines on January 17, 2024. This is a retroactive change to cover the period from February 4, 2024 through until June 3, 2024.
Retroactive rulemaking is authorized by the Legislature in accordance with 22 M.R.S. § 42(8) because the rule provides a benefit to recipients and beneficiaries and does not have an adverse financial effect on either providers or recipients.
This rule will not have an adverse impact on municipalities or small businesses.
Statutory Authority: 22 M.R.S. §§ 42(1) and (8); 3762(3)(A) and (8)(C); 3763(1) and (1-A); 3769-A; 3769-C(1)(D); and 3786; P.L. 2021, ch. 97, §§ 1 and 2
Effective Date: June 4, 2024
AGENCY CONTACT PERSON:
Alexandria Lauritzen, TANF Program Manager
Office for Family Independence
Department of Health & Human Services
109 Capitol Street
Augusta, ME 04333
Phone: (207)624-4109/ Fax: (207)287-3455
TT Users Call Maine Relay – 711
Alexandria.Lauritzen@maine.gov
Adopted
Office: Office for Family Independence
Routine technical
Email: Alexandria.Lauritzen@maine.gov
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Effective date:
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