How To Get A Disability Check From The State Of Maine

Transcription

1 UNDERSTANDING TANF & ASPIRE What Are Your Rights & Responsibilities Written and published by: 126 Sewall Street, Augusta, ME Phone: (207) Fax: (207) Toll-free: 1 (866) info@mejp.org Updated October 2012

2 This booklet was written to give you the information you need to get the most out of the ASPIRE Program for you and your family. It will also help you learn the rules, your rights and your responsibilities under this Program. If you have questions or need help with problems you are having with TANF & ASPIRE, feel free to contact Maine Equal Justice or Pine Tree Legal Assistance. Our phone numbers are listed on page35.

3 A Special Note for Families with Disabilities Many families include members who have a disability. A disability is any physical or mental health problem that interferes with your major life activities. If you, your child or your spouse has a disability, then the ASPIRE program should take that into account and make reasonable accommodations (changes) for you. Reasonable accommodations can include: Reducing the number of hours you must participate, Changing what you have to do, Providing a service to make you able to participate, Meeting with you at your home or a place other than the ASPIRE office, or Not requiring you to participate at all. These are just some ways ASPIRE could accommodate your situation. You may have better ideas for your family. The point is that what you do in ASPIRE must be what you are reasonably able to do given the disability in your household. Even if you don t have a disability, there are many other good cause reasons that may allow you to do something different from the ASPIRE rules that are in this booklet. ASPIRE must also consider your good cause reasons when deciding if or how you will participate. (See Good Cause pages 23 24) A disability is any physical or mental health problem that interferes with your major life activities. i

4 Table of Contents A Special Note for Families With Disabilities... i What is TANF & ASPIRE?...1 Applying for TANF... 2 TANF and Deprivation How Much Will My TANF Benefit Be? Who is Required to Participate in ASPIRE?... 7 How Many Hours per Week am I Required to Participate? What Activities Count in ASPIRE? How are My ASPIRE Activities Decided?...12 What If I Need Child Care, Transportation or Other Services? What About a College Education? What If I Can t Do What ASPIRE Wants Me to Do? Good Cause Can I Choose What I Do? Can I Change My Family Contract?...19 What is a Sanction? Can I Be Sanctioned? Good Cause TANF Time Limits Calculating Volunteer Work and Minimum Wage Transitional Benefits Can a Drug Felon Get TANF or Food Supplements in Maine? Your Appeal Rights Pine Tree Legal Assistance... 39

5 What is TANF & ASPIRE? TANF stands for Temporary Assistance for Needy Families. It is a cash benefit for families with minor children in their home. In order to get TANF you must meet certain eligibility rules. You must show that your child is deprived (see pages 2-4), that you have very low income, and you must take part in the ASPIRE program, unless you have good cause not to. ASPIRE stands for Additional Support for People in Retraining and Employment. It is the education, training, and work program that most parents getting TANF must do. TANF-ASPIRE is run by the Department of Health and Human Services (DHHS). People in TANF-ASPIRE typically have two DHHS caseworkers: one is a Family Independence Specialist and the other is an ASPIRE Specialist. Family Independence Specialist: It is important to report changes in who lives in your home, address changes if you move, and income changes to your Family Independence Specialist. Your Family Independence Specialist will also determine if you are eligible for Food Supplements, MaineCare, and Transitional Benefits (see page 33-35). ASPIRE Specialist: Your ASPIRE Specialist will work with you to decide the best way for you to be in the ASPIRE program and will help you create and change, when necessary, your Family Contract. (See page 12 for more information about your Family Contract.) This booklet will give you the information you need to get the most out of ASPIRE for you and your family. This booklet will help you learn the rules for yourself, and to know your rights and responsibilities under this program. 1

6 Applying for TANF You may apply for TANF in person at your local DHHS office or you may apply online through My Maine Connection, located at login.html. If you apply on-line, you will still need to do a face-to-face interview with an Family Independence Specialist as part of the application process. TANF applicants must also attend an ASPIRE orientation meeting before their application will be processed. An orientation meeting is usually held at your local DHHS Office. It can be held at a different location if you have a good reason such as lack of transportation or child care. It may be held at an applicant s home or some other place. Talk to the worker at the face-to-face interview if attending the orientation meeting is going to be a problem. Victims of domestic violence who fear that participation in an orientation meeting could result in physical or emotional harm to a child or other family member may have their TANF application processed without the parent having to attend an orientation meeting. Domestic violence victims may choose to participate in an orientation meeting if they wish. TANF and Deprivation To get TANF you must have one or more minor children that live with you. Your child(ren) must be deprived of the care and support of at least one parent. This means that: 1) The parents are not living together and one parent is not playing a major role in parenting the child; or 2) The parents are living together but: One parent is disabled or incapacitated (TANF-Incapacity); or Both parents are unemployed or underemployed but at least one has a history of working (TANF-UP). 2

7 Single-Parent Homes If you are a single parent, you can get TANF if the absent parent does not play a major role in the maintenance, care, and guidance of the child. In other words if you provide most of the care and you do most of the decision making for your child, you will probably be able to get TANF. However, if the absent parent sees the child a lot, helps make major decisions about the child, or otherwise plays a major role in the child s life, then you may not be able to get TANF. Having sole custody or sole parental rights from a Court does not mean that you automatically can get TANF. Important Note: If you are a single parent and have been getting TANF benefits and you decide to get back together with the other parent of your child, be sure to tell your worker if you think you might qualify under TANF-UP or TANF-Incapacity (more information below). Your eligibility under TANF-UP or TANF-Incapacity should be evaluated before they cut off your regular TANF. If you are denied benefits, feel free to contact MEJP for further advice. If you have joint custody or shared parental rights you may still be able to get TANF. In this case, you will be eligible if you clearly have more responsibility for raising your child than the other parent does. This decision is not just based on the amount of time that the child spends in each home. It is also based on the amount of responsibility each parent takes for raising the child. Two-Parent Homes If both parents live together with their children, they may still be able to get TANF. There are two TANF programs that can help. One helps when one parent is disabled or incapacitated. The other program is for households where parents are unemployed or not working full-time. 1. TANF for Disabled or Incapacitated Parents (TANF Incapacity) If one parent in the home is physically or mentally unable to fully support or care for a child, then deprivation may exist. Getting Social Security Income (SSI), Social Security Disability, Railroad Retirement Disability, or MaineCare based on disability will be accepted as proof of disability or incapacity. 3

8 But you do not need to be on one of these programs to show that you are incapacitated or disabled. You can get TANF even if you are only partly disabled. For example, if a parent is in an accident, or has a temporary illness, and cannot work or care for the children at least 20 hours a week for two or three months, the parent would probably be considered incapacitated. 2. TANF for Unemployed or Underemployed Parents (TANF-UP) First you must determine which of the parents has had the most earnings in the last two years. If that parent got Unemployment Benefits within the past year, you may qualify for TANF-UP. If not, a parent will qualify if he or she earned at least $50 in 6 of the last 13 calendar quarters. A parent can be working and still get TANF-UP. The parent must have worked less than 100 hours in the last 30 days and must expect to work less than 130 hours per month in the months ahead. If the person goes over the 100 or 130 hour limits, but it was temporary, then that is okay. A calendar quarter is the time from: January 1 through March 31; April 1 through June 30; July 1 through September 30; and October 1 through December 31. Any type of work counts, including self-employment, babysitting, lawn care, or a regular job with an employer. You will just need some way to prove what you earned deposit slips, copies of checks, or even a written statement from the person that you did the work for. You can also count as work any quarter that you were in the ASPIRE Program. If you have been unemployed for some time and don t qualify by counting 6 of the last 13 quarters, you may still be eligible. Please call us for more information. 4

9 How Much Will My TANF Benefit Be? The amount of TANF you can get depends on several things: The number of people in your home. (Some people may not count. For example, if you have a roommate, their income will not count.) The amount of income you have. If your income, before any taxes or other deductions, is more than the Gross Income Test then you cannot get TANF (See Chart 1 on next page). If your income is under the Gross Income Test, and you meet the other eligibility requirements, then you most likely will get TANF. If you meet the gross income test then DHHS will allow you to keep more than half of your earned income before reducing the amount of your TANF benefit. DHHS will disregard the following amounts from your income: The first $50.00 per month of child support that you get. $ per month of income earned from wages or self-employment. Plus 50% of what is left over is also not counted. (Example: if a parent s gross wages are $600 a month here s how this calculation works: $600 - $108 = $492 x.50 = $246. The amount of wages that DHHS will consider will be $246 for the month). If you work, then child care- up to $200 per month for a child under age 2; or $175 per month for children age 2 and over- will not be counted. (If you are found eligible for TANF and you continue to work, then the ASPIRE program will pay for your child care costs. See page 13.) If you have a disabled adult dependent who lives with you, then the state will not count some of the money you spend to pay someone to take care of this person while you are working. Some unearned income of a step-parent may not count. Once you take out the things listed above, what is left may reduce the Maximum Grant shown in Chart 2 on the next page. 5

10 Look at the charts below to see what is the largest amount of TANF money that you can get in a month. If you have no income, you will get the Maximum Grant. Chart 1 Number in household Gross Income Test Maximum Grant 1 $ 578 $ $ $ $ $ $ $ $ ,105 Additional Member Chart 2. Use the chart below if you DO spend 75% or more of your income for housing (including rent or mortgage and any property tax or home insurance you pay). If your housing costs are high, you may get an extra $100 per month as a Housing Special Need payment. Be sure to ask about the Housing Special Need payment. Sometimes this important benefit gets overlooked. Chart 2 Number in household Gross Income Test Maximum Grant , , , , , , Additional Member

11 Who is Required to Participate in ASPIRE? Parents who get TANF are required to be in ASPIRE unless they are exempt. Parents are exempt if they are: A parent with a child less than one year old. (You cannot get this exemption if you are a teen parent and don t have your high school diploma.) If you are in a two-parent family in which one parent is disabled, you may be eligible for this exemption. If you have questions, please call MEJP. Parents can only get this exemption for a total of 12 months in all the time they get TANF; VISTA volunteers; In a single parent household where the parent gets SSI; or Needed in the home to care for a disabled family member living in the household. This exemption does not apply if the disabled family member is a full-time student or a child that is in a preschool or a kindergarten program twenty (20) or more hours per week. This need must be verified at least every six months through statements from a medical professional unless the disabled child is under the age of 5 and receives SSI. Even if you are not exempt, you still may have good cause for not being in ASPIRE. (See Good Cause, pages 23-24). Parents As Scholars (PaS) Requirements Are Different Parents as Scholars (PaS) gives parents who are eligible for TANF the chance to go to college. The rules for those in PaS are different. Ask for our pamphlet, The Parents as Scholars Program or check out our web site at for more PaS information. (See What About a College Education, pages 16 & 17). 7

12 How Many Hours a Week Am I Required to Participate in ASPIRE? Your required hours of participation in ASPIRE will depend on your family. Single Parents Single parents without children under six (6) years old. Single parents without children under 6 are required to participate 30 hours per week. Single parents with children under six (6) years old. If you are a single parent with a child under 6, the ASPIRE rules allow you to do 20 hours per week instead of 30. Explain to your ASPIRE Specialist why you think 20 hours a week is better for you and your family. For example, you may have to take your child to regular doctor or therapy appointments, or your child s daycare may only be able to care for him/her 20 hours per week. If your ASPIRE Specialist continues to require more hours, then you have the right to appeal. (See Your Appeal Rights, pages 37-38). 8

13 Families with two parents If there are two parents in your household the parents must participate as follows: If you get TANF because one parent has a physical or mental health problem, then the other parent will have to participate just like a single parent, with one exception. The parent who does not have a physical or mental health problem is required to participate 30 hours per week even if they have a child under the age of 6 years old. If you get TANF because you are unemployed, then it works like this: If you get help with child care from ASPIRE, then parents will have to do a total of 55 hours per week. For example, one parent could do 20 hours and the other 35 hours. If you do not get child care costs paid by ASPIRE, then parents will have to do a total of 35 hours per week. For example, one parent could do 20 hours and the other 15 hours OR one parent could do all 35 hours. Remember No one may be forced to work as a volunteer or in a work experience position for less than the minimum wage. (See Calculating Volunteer Work and Minimum Wage, pages 10 & 30-31) 9

14 Volunteer Work and Minimum Wage No one may be forced to work as a volunteer or in a community service or work experience position for less than the minimum wage, considering the value of your TANF and Food Supplements combined. The Maine minimum wage is $7.50 as of August 1, This means that you can t be asked to work more hours in a month than the number of hours you get by adding the amount of your TANF and Food Supplements together, then dividing by $7.50. For more details, see Calculating Volunteer Work and Minimum Wage, pages If you must do more hours than the minimum wage allows, those extra hours should not be in a volunteer work site, but should be in paid work, education, training or other activity. What Activities Count In ASPIRE? The following activities count toward the hours you must do. Paid work. Volunteer work or work experience (also known as TEMP ). This is unpaid work at any public or nonprofit agency. Usually people are told to find an agency where they would like to volunteer. If you can t find a volunteer site on your own, then ASPIRE will help. 10

15 You should not be sanctioned -- have your TANF grant reduced -- if you can t fi n d a volunteer site. Work study through your college or university. (Work-study income does not affect your TANF or Food Supplement benefits.) Job search for up to 6 weeks in any year. On the Job Training (OJT). OJT is up to 26 weeks of training after being hired for pay at a work place. Up to half of the wage is paid to the employer by DHHS. Field training. Field training is a placement for up to 26 weeks at a work site that will help you reach your career goal. It should give you real training for something that you want to do. During field training, you can also get ASPIRE support services like child care and transportation costs. Vocational education for up to 12 months. Study time. While you are in school, study time counts. ASPIRE will count one (1) hour for each hour of class time. Be sure to count all of the hours you spend in labs (not just the credit hours) as well as class time. Other job skills or educational training. In ASPIRE, 20 hours (in two-parent families, 30 hours) must be made up of the activities listed above. Any extra hours can include job skills or educational training such as adult education classes. Remember, however, that vocational education can count towards the fi r st 20 hours of required time. ASPIRE can also help with transportation or child care for the hours you voluntarily do beyond those hours that are required. NOTE: If you have been told that the education you want doesn t count, consider appealing the decision (See Your Appeal Rights on pages 37-38). 11

16 How are My ASPIRE Activities Decided? ASPIRE Orientation: At your orientation, DHHS staff will explain the ASPIRE program and give you written information to take home. Look it over and keep it to use later so you understand your rights and what you must do. Meet with ASPIRE Specialist: Next, you will meet with your ASPIRE Specialist. Ask questions about the program, and Tell your ASPIRE Specialist: What you want to do to meet the requirements (see pages and 16-17); and What support services you will need (see pages 13-15). You will be given a list of all the support services. Check offwhat you need. If you are not given a list, ask for one or use the list on pages in this booklet. Family Contract: You and your ASPIRE Specialist will then fill out the contract saying what you will do and what services ASPIRE will provide you. Keep your Family Contract so that you can refer back to it as necessary. If you disagree with anything in the contract, you have the right to appeal. For example, if you do not get the kind of training or support services you need, you can appeal. You are required to sign the contract. Signing it will not stop you from appealing to change the contract. If you wish to appeal, you must do so within 30 days of signing the contract (See Your Appeal Rights pages 37-38). There should be a box on the bottom of the contract that you can check to indicate that you disagree with what is in the contract. If the box is not there, write in I disagree with parts of this contract and tell your ASPIRE Specialist that you would like a conciliation meeting (see page 37 for more information). Want to attend college? If you want to attend college for a 2 or 4-year degree, this meeting with your ASPIRE Specialist is a good time to ask for help. You can also ask about this at any time. Ask your ASPIRE Specialist for an application for the Parents as Scholars (PaS) program (See What About a College Education pages 16-17). 12

17 What if I Need Child Care, Transportation, or Other Services? ASPIRE must give you the services you need to participate. The services should be written in your Family Contract and based on your needs. You can ask for a change in your Family Contract at any time. When you change your Family Contract, you will be given a list of support services to check off. If you are not given a list, ask for one or use the following list. Here are the support services that are available: Child care. ASPIRE will pay for child care for children under 13 years old. They will also pay for children 13 and over who are physically or mentally unable to care for themselves. You may be eligibile for child care even if your child is not on the TANF grant. Call MEJP if you are denied child care. You will be able to choose whether you want ASPIRE to pay your child care provider directly, or whether you want the child care money put on your TANF EBT card so that you can pay your provider yourself. If you want your child care worker paid directly, tell your ASPIRE Specialist. If you don t make a choice, your child care money will be put onto your TANF EBT card and you will need to pay your child care provider. You can choose your child care provider. ASPIRE should pay a reasonable rate for child care in your county. They have a list of rates. You should ask to see it if you cannot find child care for the amount that they have offered. ASPIRE can pay a higher child care rate for children with special needs. 13

18 Dental care. ASPIRE will pay the cost of dental care that is not covered by MaineCare and which is necessary to stop pain or to help you become employed. It will pay the least expensive cost for quality care up to a maximum of $2,000 during the time you are enrolled in ASPIRE. Transportation. ASPIRE can require you to use the least expensive type of transportation. For most people, this is your own car. ASPIRE reimburses mileage at 30 cents per mile for up to 400 miles per week. You can also be reimbursed for public transportation and carpooling. Taxi fare is available on a temporary basis when necessary. Car repair expenses. ASPIRE will help with car repairs -- but only up to $500 in a calendar year. The vehicle must be registered to the ASPIRE family. To get car repairs you need prior approval unless it is an emergency and you can t reach ASPIRE. Car insurance. ASPIRE will help with car insurance, but it is limited to the cost of the minimum liability insurance required by Maine law up to a maximum of $300 for the time you are enrolled in ASPIRE. If the vehicle is owned jointly with another person, or used by another person, ASPIRE will only pay your share of the cost. Eye care. ASPIRE will pay the cost of eye care not covered by MaineCare that is necessary in order to participate. This includes glasses up to $200 per calendar year. If you have a special vision problem, ASPIRE may exceed this amount to cover the least expensive quality option necessary to correct the condition. 14

19 Books and Supplies. ASPIRE will pay up to $750 per academic year for books and supplies, as needed, that are required for everyone in the class. If you have any funds left over in your fi n ancial aid grant (not loans) after paying your school fees, DHHS expects you to use those funds to pay for books and supplies. If you don t have leftover funds or don t have enough to cover all of the cost for your books and supplies, ask your ASPIRE specialist to include books and supplies in your Family Contract. Clothing and uniforms. ASPIRE will pay for clothing and uniforms required by your program. It will also pay for emergency clothing to meet the participant s immediate needs such as a winter coat. Clothing and uniform costs are limited to $300 in a calendar year. Tuition and mandatory school fees. ASPIRE and PaS will not usually pay tuition or mandatory fees. It will be up to the student to apply for financial aid for these items. However, in some limited cases ASPIRE or PaS will pay tuition and fees. This is when you are not able to get other educational funding because of poor credit or other reasons. In these limited cases, ASPIRE or PaS will pay up to $3,500 per academic year for tuition and fees. Occupational Expenses. ASPIRE will also pay up to $500 during the time you are enrolled in ASPIRE for occupational expenses. Some examples are tools, equipment, examination fees, or license fees if required by an employer or for approved self-employment. Other services. ASPIRE will pay up to $500 in a calendar year for other expenses that are necessary for you to be in ASPIRE. Some examples of other services may be a calculator, or special items like safety equipment for a science course. It will pay for the least expensive quality service required to meet the need. 15

20 What About a College Education? Want a College Education? If you want help going to school to get a two or four-year college degree, you should apply for the Parents as Scholars (PaS) program at the ASPIRE office. PaS is also available to both parents in a two-parent family getting TANF. What is Parents as Scholars? The Parents as Scholars program is a student aid program that provides the same cash benefits and support services as TANF and ASPIRE -- like child care and transportation -- to help people in two or four year college level programs. Participation requirements are different in PaS than in ASPIRE. You can get PaS if you meet all of the following criteria: You are eligible for TANF; You are in a two or four-year post-secondary degree program; You do not already have a bachelor s degree that will help you get a job; You do not have the skills to earn more than 85% of the median income. (At the time of this writing, 85% median income is about $ 856 weekly for a family of two; $995 for three; $ 1223 for four). The education you want will improve your ability to support your family; and You have the aptitude to succeed in college. Tell your ASPIRE Specialist that you are planning to go to college and then start putting things in place (ie: apply to the program you are interested in, fill out financial aid forms, and sign up for classes). 16

21 If you are eligible, your ASPIRE Specialist will place you in PaS once you are enrolled in school. PaS is limited to 2,000 people, but as of this writing fewer than 1,000 parents were enrolled so there is plenty of room. Everyone has the right to apply for the PaS program at any time. To apply for the Parents as Scholars program once you have everything lined up, fill out the one page Parents as Scholars application form that your ASPIRE Specialist will give you, and submit it along with: 1. Your letter of acceptance from the college or university you ll be attending; 2. Your financial aid award letter; and 3. Your class schedule. You must be given a written decision on whether or not you are accepted into the program within 30 days. If, at any time, you are denied entrance into the program, you can appeal. Be sure to ask for a written decision (See Your Appeal Rights pages 37-38). Call Maine Equal Justice Toll-free: 1 (866) , if you have questions or want help with PaS. For information about the PaS program, ask for our detailed booklet, The Parents as Scholars Program. Maine Equal Justice 126 Sewall Street, Augusta, ME (866) info@mejp.org It is also available on our web site. 17

22 What If I Can t Do What ASPIRE Wants Me to Do? Good Cause Many people, for many reasons, can t do the number of hours required or cannot do what is being asked. ASPIRE may allow you to do something different or allow you to do fewer hours, or even not participate at all, if you have good cause. Good cause reasons are listed on pages 23 & 24. Good Cause can mean that ASPIRE can: Reduce the number of hours you must do ASPIRE; Count your hours in an activity that isn t usually countable (for example, taking your child to needed therapy appointments); or Consider other accommodations that will make it possible for you to participate given your special circumstances. ASPIRE must consider good cause reasons at the time your Family Contract is changed. The contract should state what you are really able to do, given your situation. Make sure that your ASPIRE Specialist writes your good cause reasons into your record. Can I Choose What I Do? The law requires that DHHS consider to the maximum extent possible the kind of activities you want to do. DHHS must have a very good reason to disagree with you as long as you do the number of hours required in one of the activities listed on pages and pages If your choice of activities is denied and you don t think DHHS had a good reason, you should consider appealing (See Your Appeal Rights on pages 37-38). 18

23 Can I Change My Family Contract? Yes. You may ask for a change in your Family Contract at any time. For example, you may need another support service, like a car repair or clothes for work, or you might want to change from volunteer work to an educational program. You can also change your Family Contract if your circumstances change and you have good cause to participate fewer hours. If your request is denied, you have the right to appeal. Ask your ASPIRE specialist for a written decision. Be sure to appeal within 30 days of the decision (See Your Appeal Rights, pages 37-38). What is a Sanction? A sanction means that DHHS can reduce or completely end your TANF benefits. Why could I be sanctioned? You could be sanctioned if DHHS decides that you have failed to follow the ASPIRE rules without good cause. (See Good Cause pages 23-24). A family may be sanctioned for missing an appointment or for failing to do what is required in the Family Contract. This is called not being in compliance or failure to comply. New Sanction Rules Starting in February 2012, there were new rules for sanctions. Here s how they work. 19

24 The first time you are sanctioned you will lose the parent portion of your TANF benefits. For example, the TANF grant for a family of 3 would drop from $485 a month to $262. For this first sanction: You can get your full TANF benefit back as soon as you comply with all TANF/ ASPIRE rules, but you must comply within 90 days; If you do not comply within 90 days, DHHS will end TANF benefits for everyone in your household. After that you can get your TANF back once you comply with all program rules but you will have to reapply for TANF. The second time and any time after that you are sanctioned, your whole family will lose benefits right away. You can get your TANF benefits back as soon as you sign a new Family Contract with ASPIRE and follow all program rules. Remember, if you have Good Cause for not complying with the requirements of your Family Contract, you should not be sanctioned. IMPORTANT NOTE: The sanction rules are not the same when you are receiving an extension of benefits after you have passed the 60-month time limit. If you are receiving benefits under an extension and do not follow the rules, your whole case will close, even if it s only the first time that you are sanctioned. What if I had a sanction in the past, but came back into compliance after getting a notice from DHHS in February 2012? Families who were in sanction status in February 2012 got a notice from DHHS telling them about the new sanction rule. These were families getting a child only grant because the parent was sanctioned and not on the TANF grant. If you got one of these notices and made a new Family Contract and began complying with program rules (or showed good cause) you were given a clean slate. This means that any sanctions you got in the past will not count and any sanction you get after that will be treated as your first sanction. 20

25 Before you can be sanctioned Your ASPIRE Specialist must take several steps before you can be sanctioned. The ASPIRE Specialist must: Send you a notice explaining why you might be sanctioned. The notice must include a complete list of good cause reasons as stated in Maine law (see Good Cause reasons on page 23-24); Give you an opportunity to tell your ASPIRE Specialist what your good cause reasons are. You only have 10 days to respond to the notice to tell your ASPIRE Specialist about any good cause reasons. Be sure to contact your worker within that time. If you have to leave a voic message for your ASPIRE Specialist, be sure to say in the message that you believe you have good cause. Don t just ask to be called back. If you don t hear back from your worker right away, call again. Ask to speak to a supervisor if your worker doesn t call you back; Thoroughly review your circumstances to make sure you do not have good cause; and Get their supervisor s approval to sanction you. If your worker agrees that you have good cause for not following an ASPIRE rule, your ASPIRE Specialist must offer you some other reasonable way to participate. (See Reasonable Accommodations page i.) Your ASPIRE Specialist must include your good cause and any changes in your participation requirements in your new Family Contract. If you are sanctioned and disagree with it, you can appeal (See Your Appeal Rights, pages 37-38). Removing sanctions from your file Sometimes people are sanctioned but don t lose any benefits because the dispute is resolved. The participant and DHHS work out the problem. If this happens, check with your ASPIRE Specialist to be sure that the sanction is entirely removed from 21

26 your file and is not counted as a first sanction. If it stays in your file and a second sanction happens, you will lose your full TANF benefit without being given a 90 day period to comply while receiving reduced benefits. How do sanctions affect my other benefits? Food Supplements may also be reduced when you are sanctioned. You will only lose the food supplement benefit received by the sanctioned parent. The other members of the household will remain eligible for their portion. This parent will get their full benefit again, starting with the first day of the second month after benefits from TANF ceased (for example, if the family is sanctioned in December, food supplement benefits will go back to the full amount on February 1 st ). If you live in subsidized housing and are sanctioned for not complying with your ASPIRE Family Contract, your housing authority may still assess your income as a full TANF benefit. They may require you to pay rent based on the amount of TANF you could be receiving if you were complying with TANF/ASPIRE rules. Your MaineCare should not be terminated when you are sanctioned for failure to comply with your TANF/ASPIRE Family Contract. Remember - if you lose your TANF benefits because you are sanctioned and you then fi n d a job, you will not be able to get transitional services (See pages 33-34). Those services include transitional transportation, transitional food supplement, worker supplement or transitional child care. You may be able to get help paying your child care through the Child Care Subsidy Program but that program sometimes has waiting lists to get help. If you have questions about sanctions or need help appealing a sanction, contact Pine Tree Legal Assistance or Maine Equal Justice. (See page for contact information.) 22

27 Good Cause You cannot be sanctioned for failing to do something in ASPIRE, if you have good cause. Good cause means a good reason for not doing what ASPIRE requires. For example: you miss an appointment because you did not have safe child care or transportation; or, you can t work because you are caring for an ill or disabled family member. Good Cause can be granted for one day or for 6 months or more depending on your circumstances. Here is a list of possible good cause reasons. The need to care for a family member with special needs. A physical or mental health problem. Illness, accident or death. A serious family problem. You had to appear in court or you were in jail. The lack of support services like child care or transportation that you need to participate in ASPIRE. Bad weather that also causes others not to participate. The ASPIRE activity required that you travel more than two hours round trip (1 hour each way). You are unable to participate because of domestic violence, including: o Physical or emotional injuries caused by abuse, o Legal proceedings, counseling or other activities related to the abuse, o The abuser actively interferes with your participation, or o The location or other aspect of participation puts you or your child at risk. 23

28 Any other crisis or special circumstances that you have told ASPIRE about in advance that causes you to be absent or unable to participate. Any other reason beyond your control that a reasonable person would think should be good cause. NOTE ABOUT DOMESTIC VIOLENCE: If you have good cause not to participate because of domestic violence, DHHS may offer you services on a voluntary basis. You may not be required to do anything in ASPIRE, even go to an orientation, if the fear or effects of domestic violence prevent you from doing it. You may claim good cause due to domestic violence or for any other reason when you first apply for TANF or any time later. Tell your ASPIRE Specialist if you think you have good cause. If your ASPIRE Specialist disagrees, ask for the decision in writing. Remember, you have the right to appeal, but you must appeal within 30 days of the decision (See Your Appeal Rights pages 37-38). NOTE ABOUT GOOD CAUSE AND CHILD SUPPORT COLLECTION: When applying for TANF, most parents are required to tell DHHS who the other parent is. But this is not required if the child was conceived as a result of rape or incest, or if naming the other parent might put you or your child in danger. You can ask DHHS to grant you good cause not to tell them the name of the absent parent. DHHS should give you a written notice within 45 days of application telling you whether or not good cause has been granted. If you disagree with the decision, you can appeal. If DHHS decides you do not have good cause for not naming the absent parent and you still refuse to do so, you will not be eligible for either TANF or MaineCare. Your children will still be able to get both TANF and MaineCare, however. 24

29 TANF Time Limits Exemptions and Extensions As of January, 2012, a family cannot get TANF for longer than 60 months unless they qualify for an exemption or an extension. This is a lifetime limit. Months that count toward the 60-month time limit: Any month that you got TANF cash assistance as an adult since June 1, 1997 will count toward the 60-month time limit. A month will count whether you got TANF in Maine or any other state. A month will also count if you were in the Parents as Scholars program. Note: If there are two adults in your household, as soon as one of the adults reaches the 60 month time limit, everyone in your household will lose TANF unless you qualify for an extension or exemption. Exemptions: Some months don t count these months are exempt from the time limit. A month does not count toward the time limit when: 1. Only the children were on the grant, either because 1) the parent(s) were on SSI; 2) the parent(s) were under sanction; or 3) the children were living with a caretaker relative who was not on the grant. 2. You got only a non-cash benefit from the TANF Program like Alternative Aid, Emergency Assistance, or any TANF transitional benefit like child care, transportation or worker supplement benefits. 3. You were living at one of the Passamaquoddy, Penobscot, MicMac or Maliseet reservations. Extensions: You may be able to get additional months of TANF after you reach your 60-month time limit if you qualify for a hardship extension. DHHS will decide if you can get an extension when you are about to reach your 60-month time limit. In most cases (and unless noted below) an extension will last for as long as you meet the requirements for it. You will be expected to renew the extension at least every 6 months, however. 25

30 Hardship Extensions: You must meet certain requirements to qualify for any of the TANF extensions. You will have to collect the information to show that you are eligible for an extension. If you have trouble getting this information, DHHS must help you Domestic Violence Extension: You may get an extension if you are experiencing domestic violence or suffering from the effects of past domestic violence. Domestic violence is defined by the Department as a physical act or threat of physical injury; sexual abuse of a child or caretaker of a child; or psychological effects of the abuse. Disability Extension: You may get an extension if you have a physical or mental condition that makes you unable to engage in gainful employment. Gainful employment means steady work at a job that provides a regular source of income to support your family. Your condition does not need to be as severe as it must be to qualify for SSI or SSDI. Extension for Caring for a Significantly Disabled Family Member: You may get an extension if you need to care for a family member with a serious disability. The family member must live in the same home and be on the TANF grant, or would be on the grant if not for their disability. The adult or child needing care must have a temporary or permanent mental or physical illness or incapacity and no other care is available. Education or Training Extension: You may get an extension if you are participating in an approved education or training program (including Parents as Scholars). You may qualify for an education/training extension if in your 60th month of receiving TANF you are in good standing and making good progress toward completing your education or training program that is approved by DHHS. Please note: The following education and training programs will not qualify for an extension: (1) Adult Basic Education; (2) GED activities; (3) English as a Second Language (ESL); or (4) High School. 26

31 Working Families Extension: You may get an extension if you are working at a paying job for at least 35 hours a week; and you are still financially eligible for TANF. You can visit our website at to determine whether you still qualify for TANF while you are working. Please note: If you are self-employed you must show that you are working at least 35 hours per week and earning at least the minimum wage ($7.50 per hour) for your work. Pregnancy Extension: You may get an extension if you are in the last trimester of your pregnancy when you reach your 6th month of TANF assistance. You must be the only adult (or minor parent head-of-household) on the TANF grant in your household. NOTE on length of extension: You may only get one 6 month pregnancy extension after you hit your time limit. This extension can be used for 3 months in the last trimester of your pregnancy and the first three months after your child is born. Job Loss Extension: You may get an extension if you have worked after exhausting your 60 month time limit and then you lose a job. The requirements for the job loss extension are very specific. You may qualify if you have been employed for 12 months (does not need to be consecutive months), lost a job through no fault of your own, and applied for unemployment benefits, but were not eligible. Please Note: There is no requirement that you must be employed for a certain number of hours per week during the 12 months. Any months that you work at all should count. Note on length of extension: You may only get one job loss extension of up to 6 months. You may qualify for additional job loss extensions, but there must be a break of at least 12 months between the extension periods. Emergency Situation Extension: You may get an extension if you are facing an emergency situation. An emergency situation means circumstances that: (1) are beyond the control of the family; and (2) prevent the adult(s) in the household from working. Examples of an emergency may include: The death of a child, parent, or spouse; 27

32 Homelessness due to a disaster such as fire, flood, or other natural disaster; or Being the victim of a violent crime. These examples all sound very serious. But remember, an emergency extension requires an event that is beyond the family s control and prevents the adult from working. A period of homelessness or a separation that leaves your family without income might also be considered an emergency. Extensions in more than one category: A family may be able to get an extension in more than one category. For example, you may currently qualify for an extension because of a domestic violence situation. If you resolve the domestic violence problem and then get a job for 35 hours a week but don t earn enough to put you over the income limit for TANF, you can apply for a new extension in the working families category. Extensions may be granted after reaching the 60-month time limit: Even if you do not qualify for an extension when you reach your 60th month, you may still qualify for certain extensions at any time in the future. For example, if you reached your 60th month and lost your TANF in June 2012 but then become disabled in March 2014 you may be able to get a TANF extension at that time. Notification from DHHS: You will get a notice from DHHS no later than 120 days before you reach your 60- month time limit. It will tell you that you are about to reach your 60th month and offer you a chance to meet with your ASPIRE Specialist either face-to-face or by telephone. In this meeting your worker must: Tell you about TANF extensions and exemptions and allow you to apply for one if you think you may qualify; Tell you about other programs that may be available to help you meet your basic needs if you don t qualify for an exemption or extension, and Explain that you have the right to appeal if you disagree with an exemption or extension decision. 28

33 Please Note: It is very important to speak with your caseworker when you get the 60-month notice. If you don t, DHHS will decide whether or not you qualify based on information in your case file and you will not have input into the decision. What if I disagree with a DHHS decision to deny my request for an exemption or extension? DHHS must give you a written notice telling you that your request for an exemption or extension has been approved or denied. If it is denied, they must explain the reasons for the denial and tell you how you can appeal that decision. You must request a fair hearing within 30 days if you want to appeal. If you decide to appeal, tell the worker who made the decision that you want a fair hearing. A fair hearing is your chance to be listened to by a fair hearing officer. The fair hearing officer will look at the record and the law to make a new decision in writing. Under this rule, you will not be eligible for continued TANF assistance while you are waiting for the decision from your appeal. This means that your TANF will end as your notice states. But, if you win your appeal, you will get retroactive benefits back to the time set by the hearing decision. For example, if you are denied an extension your benefits will be terminated at the end of your 60th month. However, if you appeal and the hearing decision finds that you really were eligible for an extension, you will get a retroactive payment for the months beginning with the 61st month. You will then continue to receive TANF until the end of your extension or exemption. How Time Limits affect other benefits Food Supplement (formerly known as Food Stamps) and MaineCare. Only TANF has a 60-month time limit. The time limit does not apply to Food Supplements, MaineCare or other benefits. Your Food Supplement benefits may increase if you lose your TANF income. 29

34 Transitional Benefits for Working Families For families leaving TANF when they reach their 60-month limit: You may be able to get transitional benefits if you are working when you reach the 60-month time limit. If you are not working, you will be ineligible for transitional benefits. (You may be able to get help from the childcare subsidy program but there is often a 6-month waiting period to qualify for help.) For families that get a job while they are getting a TANF extension beyond 60 months: If you get a job while you are getting a TANF extension and: (1) lose TANF because of the income from this job, or (2) choose to end your extension early because you are working, you can still get TANF transitional benefits (child care, transportation, worker supplement benefits and MaineCare) if you are eligible. (See pages ) For more information about transitional services please visit: Calculating Volunteer Work and Minimum Wage Volunteer work or work experience (Also known as TEMP ) This is unpaid work at any public or nonprofit agency. DHHS has agreed to determine the amount of volunteer work hours by dividing the total amount of your TANF and Food Supplements grants by the minimum wage ($7.50 as of October 1, 2009). Usually people are told to find an agency where they would like to volunteer. If you can t find a volunteer site on your own, then ASPIRE will help. You should not be sanctioned -- have your grant reduced -- if you can t find a volunteer site. 30