This page of text and video gives you the information you need to get the most out
of the TANF and ASPIRE Programs for you and your family.
It will also let you learn
the rules for yourself and help you to know your rights under these Programs.
Contents:
A Special Note
for Families With Disabilities
What is TANF & ASPIRE?
Qualifying for TANF (Video)
TANF and Deprivation
How Much Will My TANF Benefit Be?
Who is Required to
Participate in ASPIRE?
How Many Hours per
Week am I Required to Participate?
"Volunteer" Work and Minimum Wage
What Activities "Count"
in ASPIRE?
How are My ASPIRE Activities
Decided?
What If I Need Child
Care, Transportation or Other Services?
What About a College
Education?
What If I Cannot Do
What ASPIRE Wants Me to Do? "Good Cause"
Can I Choose What I
Do?
Can I Change My Family Contract?
What is a Sanction?
Can I Be Sanctioned?
"Good Cause"
TANF and Time Limits
Calculating "Volunteer"
Work and Minimum Wage
Transitional Benefits
New TANF "Worker Supplement" Plan
Can a Drug Felon Get TANF or Food Supplement in Maine?
Your Appeal Rights!
Link to Maine
ASPIRE-TANF Program Rules
Link to Maine
Public Assistance Manual (TANF Program Rules)
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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 another 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 on this
page. ASPIRE must also take this into account when deciding
if or how you will participate. (See
Good Cause section below.)
A disability is any physical or mental health
problem that interferes with your major life activities.
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What is TANF & ASPIRE?
TANF stands for Temporary Assistance to 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,
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 an Eligibility Specialist (or sometimes called a Family Independence Specialist) and the other is an ASPIRE Specialist.
- Eligibility Specialist: It is important to report: changes in who lives in your home, address changes if you move, and income changes to your
Eligibility Specialist. Your Eligibility Specialist
also decides if you can get Food Supplements, MaineCare, and Transitional Benefits.
- 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.
This page will give you the information you need to get the most out of ASPIRE for you and your family. It will help you to learn
the rules for yourself, and to know your rights and responsibilities under this program.
This video will give you a brief introduction to TANF and how to qualify. Then read more details below.
Get the Flash Player to see this player.
TANF and "Deprivation"
To get TANF you must have one or more minor children who live with you. Your child(ren) must be "deprived"
of the care and support of at least one parent. This means that:
- The parents are not living together and one parent is not playing a major role in parenting the child; or
- The parents are living together but:
- One parent is disabled or incapacitated; or
- Both parents are unemployed or underemployed but
at least one has a history of working.
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.
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. Instead, it is based on the amount of responsibility each parent takes for raising the child.
This video covers some more details about how DHHS determines "deprivation" when the parents live apart.
Get the Flash Player to see this player.
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.
This video, and the following text, explain these two programs in more detail.
Get the Flash Player to see this player.
1. TANF for Disabled or Incapacitated Parents
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.
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 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, then check to see if that parent 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 prior 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 parent can be working and still get TANF-UP. The parent must have worked less than 100 hours in the prior 30 days and must expect to
work less than 130 hour 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 where your employer withholds taxes.
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 contact us for more information.
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 (see 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 us for further advice.
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 can
not get TANF. See chart below. If your income is under the Gross Income Test, then you most likely will get TANF.
Some things that TANF will not count are:
- the first $50.00 per month of child support that you get.
- $108.00 per month of income earned from wages or self-employment. Plus 50% of what is left over
is also not counted.
- If you work, then child care up to $200 per month for a child under age 2; $175 per month for children 2 and over.
(If you are found eligible for TANF and you continue to work, then the ASPIRE program will pay for your child care costs.
Read more.) If you have a disabled adult dependent who lives with you, then the state will also 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 will not count.
Once you take out the things listed above, what is left may reduce the "Maximum Grant." See chart below
Use this chart to see what is the most amount of TANF money that you can get in a month. If you have no income you will get the
"Maximum Grant." If your housing costs are high, you may get an extra $100 per month as a "Housing Special Need" payment.
Sometimes this important benefit gets overlooked.
*The "housing Special Need" payment increased from $50 per month to $100 per month on July 1, 2008.
Who is Required to Participate in ASPIRE?
Parents who get TANF are required to be
in ASPIRE unless they are exempt.
People 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.)
In a two-parent family that is eligible for TANF because one parent is
disabled. We believe that the other parent can be exempt if
there is a child less than one. (Please call us if you run into this
problem.) Parents can only get this exemption
for a total of 12 months in all the time they get TANF;
- VISTA volunteers; or
- In a household where a parent gets SSI.
Even if you are not exempt, you still may have
good cause for not being in
ASPIRE. (See Good Cause
section below).
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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. For more information about PaS, go to our Parents
As Scholars page.
(Also see What About a College Education
below). |
How Many Hours Per Week Am I Required to Participate?
Your required hours of participation 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 section below).
Families with two parents
If you have two parents in your household who
are on the TANF grant, then you are eligible for TANF because:
- One of you is unemployed, or
- One of you has a physical or mental health problem.
If you get TANF because one of you has a physical
or mental health problem, then one parent will have to participate
20 or 30 hours per week, just like a single parent.
If you are getting TANF because one of you
is unemployed, then it works like this:
- If you get help
with child care from ASPIRE, then the two of you, combined, will have to do 55 hours per week.
- If you do not get child care costs paid by ASPIRE, each of you
must do 20 hours, for a total of 40 hours
per week combined.
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Remember
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. See next section.
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"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 October 1, 2009.
This means that you can't be asked to work more hours in a month than the hours you get by adding your TANF and
Food Supplements together, then dividing by $7.50.
For more details on calculating the minimum wage,
see Calculating "Volunteer" Work and Minimum
Wage.
If you must do more 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.
You should not be "sanctioned"
-- have your grant reduced -- if you can't find 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 and one-half hours (1½)
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 toward the first 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: People are often confused about what
kind of education counts. If you have been told that the education
you want doesn't count, consider appealing the decision. (See
Your Appeal Rights below)
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. Be sure
to 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:
You should be given a list of all the support services.
Check off what you need. If you are not given a list, ask for one or use
the list below in Support Services section.
Family Contract: You and your APSPIRE Specialist will then fill out the
contract saying what you will do and what services they will provide
you. Be sure to 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 your contract. (See
Your Appeal Rights below.)
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 contrat" and tell your ASPIRE Specialist that you would like a concilliation meeting.
(See Your Appeal Rights for more details.)
Want to attend college?
Also, if you want to attend
college for a 2 or 4-year degree, now is a good time to ask for help with
that, but you can ask at any time. Ask your APSPIRE Specialist for an application for the Parents as Scholars (PaS) program.
(See What About a College Education?
below)
What if I Need Child Care, Transportation, or Other Services?
ASPIRE must give you the services you need to
participate. They 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 should 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 supportive
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. Although sometimes DHHS disagrees, we think that child care
should be provided for all of the children in your family, not just those on the
TANF grant.
Your
child care provider is your choice. ASPIRE will pay either you
or your provider for your child care costs while you are participating
in the ASPIRE program.
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.
You will be able to choose whether you want ASPIRE to pay your chld 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.
Dental care.
ASPIRE will pay the cost of dental care which is not covered by MaineCare and which is necessary to
stop the 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 period you
are enrolled in ASPIRE.
Transportation. ASPIRE
can require the least expensive type of transportation. For most
people, that is their 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 car pooling. 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 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 Maine Care, 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.
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 financial aid grant (not loans) after paying for your school fees, DHHS
expects you to use those funds to pay for your 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 case manager 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. It will pay for
the least expensive quality service required to meet the need.
Some examples of "other" services may be a calculator,
or special items like safety equipment for a science course.
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 now open 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 2 or 4 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 get you a job;
- You do not have the skills to earn more
than 85% of the median income (As of January 2010,
medium income is about $744 weekly for a family of two;
$919 for
three; $1,094 for four);
- The education you want will improve your
ability to support your family; and
- You have the aptitude to succeed in college.
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 January 2010 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 fill out the one page Parents as Scholars
application form that your ASPIRE Speciailist will give you, and submit it along with:
- Your letter of acceptance from the college or university you'll be attending;
- Your financial aid award letter; and
- Your class schedule.
Within 30 days, you must be given a written decision on
whether or not you are accepted into the program. 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 below)
Read more about the PaS Program in our Parents as Scholars
online guide. Contact us if you have questions or want
help with PaS.
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."
This can mean:
- Reducing the number of hours you must do ASPIRE;
- Counting your hours in an activity that isn't usually
countable (for example, taking your child to needed therapy appointments); or
- Anything else 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. (Go to Good Cause section below for more
information, including list of "good cause" circumstances)
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 what you want to do as long as you do the
number of hours required in one of the activities listed. (See
list of activities above.) If your
choice of activities is denied and you don't think DHHS had a good
reason, you should strongly consider appealing. (See Your
Appeal Rights)
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. 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)
What is a Sanction?
A “sanction” means that DHHS can reduce or completely end your TANF benefits.
Can I be Sanctioned?
You can be “sanctioned” if DHHS decides that you have failed to follow the ASPIRE rules without good cause.
(See "Good Cause" section below)
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”.
Starting in February, 2012, there are new rules about how sanctions work. Here’s how it will work.
The first time you are sanctioned you will lose the “parent” portion of your TANF benefits. You can get your TANF
back as soon as you follow all TANF/ASPIRE rules if you do so within 90 days. If you do not comply within 90 days,
DHHS will end TANF benefits for everyone in your household. After 90 days you can get your TANF back once you comply
with all program rules but you will have to reapply.
If you get your TANF benefits back but sometime later get sanctioned again, everyone in your household will lose their
TANF right away. You will be able to get TANF benefits back by signing a new Family Contract with ASPIRE and being in full
compliance.
Remember, if you have Good Cause for not complying with the requirements of your Family Contract, you should not be
sanctioned.
What if I am under sanction on February 1, 2012?
If you are not receiving TANF for yourself because you were in sanction status on February 1, 2012, but your children are
still getting TANF, here is what will happen. You will get a notice that you must sign a new ASPIRE Family Contract and
comply with that contract within 90 days. If you do not, your whole family will lose TANF 90 days from the date of the notice.
If you do comply with a new contract you and your family can continue to receive TANF.
What if I had a sanction in the past, but on February 1, 2012 I was receiving TANF and in compliance with all TANF/ASPIRE
rules?
If you had a sanction before February 1, 2012, it will not be counted if you are in compliance with all rules on February 1, 2012.
This means that you will have a “clean slate” going forward. If you get a sanction after February 1, 2012, it will be treated as
your first sanction.
The 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" section below)
- Give you an opportunity to tell your ASPIRE Specialist what your good cause reasons are. You have just 10 days to respond to
the notice to tell your ASPIRE Specialist about any good cause reasons.*
- Thoroughly review your circumstances.
- Get their supervisor’s approval to sanction you.
* If you have to leave a voicemail 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. Be sure to ask to speak to a supervisor if your worker doesn’t call you back.
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If you are found to have good cause for not following an ASPIRE rule, your ASPIRE Specialist must offer you some
other reasonable way to participate. (See Reasonable
Accommodations) Make sure your ASPIRE Specialist writes your good cause and participation requirements in your
record and your Family Contract.
If you are sanctioned and disagree with it, you can appeal. (See Your Appeal
Rights)
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 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 90day period to comply while receiving reduced benefits.
How do sanctions affect my other benefits?
Food Supplements also may be reduced when you are sanctioned.
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 find a job, you will not be
able to get transitional services. 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.
"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 the list of "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.
-
Bad weather that also causes others not to
participate.
-
The 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:
-
Physical or emotional injuries caused by
abuse,
-
Legal proceedings, counseling or other activities
related to the abuse,
-
The abuser actively interferes with your
participation,
-
The location or other aspect of participation puts
you or your child at risk.
-
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 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)
If you feel you have "good cause" but DHHS disagrees
with you, contact Pine Tree Legal
Assistance or Maine
Equal Justice.
TANF Time Limits
How will Maine’s TANF Time Limit Change?
Beginning January 1, 2012, there will be a 5-year (60 month) time limit in the TANF program.
This means that families MAY lose ALL TANF assistance if an adult in the family has been on TANF
for more than five years since November 1, 1996. (Time spent on the program as a child in your
parent’s household does not count against your time limit as an adult.)
There are several extensions and exemptions to the 60 month limit and we will be
publishing more information about those in the near future. They include exemptions and
extensions to families experiencing domestic violence, parents who are in an approved
educational program, families with members who have disabilities, as well as other issues.
In the meantime, if you have questions about whether you are entitled to an extension or an
exemption to the 60 month limit, please feel free to
contact our office.
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 of your TANF and Food Supplement
grants by the minimum wage ($7.50 per hour 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.
But DHHS will still require you to participate
in activities for the number of hours described above (i.e. 20
- 30 hours for single parents or 40 or 55 hours for two parents).
(See How Many Hours per Week am I Required
to Participate?)
For those who can't be required to do "volunteer"
work for all of their required hours, the difference can be made
up with training or other non-work activities.
|
The Smiths
Example: Mr.
and Mrs. Smith and their daughter get a TANF grant of $485 plus a $243 Food Supplement grant. Figure their
maximum "volunteer"
work hours like this:
$485 (TANF grant)
+ $243 (Food Supplement grant)
_________
$728
/ $7.50 (minimum wage as of Oct. 1, 2009)
_________
97 (monthly hours)
/ 4.3 (average weeks in a month)
_________
23 (hours per week)
This family may not be required to do unpaid work more than 23 hours
in a week.
|
Although Mr. and Mrs. Smith do not have to
do more than 23 hours of volunteer work, they can still be required
to "participate" for a total of 40 hours. The remaining 17 hours can be in paid
work or any legitimate education or training.
Because training activities count
toward the 40 hours, if the Smiths want more than 17 hours of training,
they should be able to get ASPIRE support for it.
Alternatively, either parent could apply to
go to school through the Parents
as Scholars Program. (See What
About a College Education?)
DHHS is Keeping Some of My Child Support. How Does This Affect
the Minimum Wage Calculation?
DHHS collects child support for children on
TANF. It then gives some to the family and keeps some to reimburse
itself for TANF paid to the family. If some child support for
your children is being kept by DHHS every month, then this affects
the minimum wage calculation shown above. Here's how.
|
Example: Let's
say a single parent, Ms. Jones, has one child and gets $363
per month in TANF and $140 in Food Supplements. Her ex-husband pays
to the state $300 per month in child support. Of that, $150 is
sent to Ms. Jones and the state keeps $150 per month to reimburse
itself for TANF.
Here is how to figure the number of hours Ms.
Jones can be required to work:
$363 (TANF grant)
- $150 (child support kept by DHHS)
________
$213 (net TANF grant)
+$140 (Food Supplements)
________
$353
/ $7.50 (minimum wage as of Oct. 1, 2009)
________
47 (monthly work hours)
/ 4.3 (average weeks in a month)
________
11
Ms. Jones may not be required to work more than 11 hours per
week.
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NOTE: DHHS has not agreed to subtract the child
support it keeps when figuring the maximum work hours that can
be required. We think the law requires them to. If you are in
this situation, contact Maine Equal Justice
(1-866-626-7059).
Transitional
Benefits
If you no longer qualify for TANF because your wages from work are too high, there are some benefits that will help
make the switch from
TANF to work easier.
Transitional Child Care
If you have a child under age 13 (or over age 13 with a disability), and you left TANF because of work, you can get help
with child care as long as you ask for it within 12 months of leaving TANF.
In order to get this benefit, you must be leaving
TANF because you are earning wages that are too high for you to qualify for TANF. If you leave voluntarily (before you get a
notice saying your
TANF benefits will end because of wages),
be sure to tell your TANF worker that you are leaving because of work.
- Tell your Eligibility Specialist that you are leaving TANF because of wages (not just because you don't need TANF
anymore).
- Tell your Eligibility Specialist within one month of leaving TANF that you would like help with child care.
If more than one month but less than 12 months
have passed since you left TANF, you need to call your local Department of Health and Human Services office and ask to speak
with an Eligibility Specialist. If you are still getting MaineCare or Food Supplements, talk to the Eligibility Specialist you have
for those programs.
You should be eligible for help, as long as your income is below 250% of the federal poverty level for your size family -
for example,
$887 per week for a family
of 3 (as of 1/10). You will have to contribute a small
amount to the cost of child care depending on your income.
Transitional Transportation
When you leave TANF because of wages, you should
get a notice of transitional transportation (TT) benefits. To get this
benefit,
you must tell your TANF worker within 30 days of leaving TANF that you would
like TT. You will not be able to get TT until your worker has determined that you are no longer eligible for
TANF because of your wages. Depending on your income, you will get between
$1 and $10 a day for twelve months to help with your transportation costs. Your
benefit will be paid in a lump sum every three months for the first year after you leave TANF, in
the 4th, 7th, 10th, and 13th months.
Transitional Food Supplement
The Transitional Food Supplement is now available for most families when they leave TANF. This new program will help
families whose monthly income
increases when they leave TANF. Usually a family loses $1 in Food Supplement beenfit for every $3 of additional income it gets.
The Transitional Food
Supplement Program allows almost all families leaving TANF to keep the same Food Supplement amount for 5 months, even if they lost
TANF because of an increase
in income. Your family should
automatically get the Transitional Food Supplement benefit when you leave TANF.
You will be expected to fill out a new certification form at the end of your five months on the Transitional Food Supplement
program.
Families whose income is actually lower after leaving TANF should NOT get Transitional Food Supplement. These families may get
a higher Food
Supplement benefit if they are not in the new 5-month transitional program.
If you believe that your Food Supplement amount would be higher by not having
Transitional Food Supplement, please call your Eligibility Specialist at DHHS. They
will recalculate your benefit amount.
New TANF "Worker Supplement" Payment
As of July 2008, families leaving TANF for work get a TANF Worker Supplement food benefit.
This means that families
who leave TANF for work will get:
- $100 per month for the first 12 months after they leave TANF,
- $75 per month for the second 12 months, and
- $50 per month for the third twelve months.
This new "Worker Supplement" is in addition to your regular food supplements or
enhanced 5-month transitional food supplements. The "Worker Supplement" will be placed on families'
EBT cards. It will not be in the
form of cash. People can use it to purchase anything that can be
purchased with Food Supplements. By providing the benefit this way, it will not count as "income" for the federal F
ood Supplement program and
will not cause a reduction in Food Supplement benefits.
If your housing authority counts the "Worker Supplement" payment as income, please
contact us.
Can a Drug Felon Get TANF or Food Supplement in Maine?
Yes. This means that as long as they are otherwise eligible, people with drug-related
felony convictions can get Food Supplement and TANF, and also the employment and education services offered
by ASPIRE.
This will allow people with these convictions to
get TANF and Food Supplement in order to help them overcome addictions, raise their children, and find work.
Your Appeal
Rights!
You have the right to appeal if you disagree with any action
or decision made about your TANF cash benefit, Food Supplements or MaineCare, or any
decision about what ASPIRE requires you to do or what support services it
provides.
Your TANF benefits may not be reduced unless your specialist
follows all of the steps outlined at Before You Can be
Sanctioned section above. This includes sending you, in advance, a notice
that explains "good cause" and your right to a "fair
hearing" which is printed on the back of the notice. Read it!
If you decide to appeal, tell the specialist 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
also look at the record and the law to make a fair decision. The fair
hearing officer will then give you a written decision.
Instead of asking for a fair hearing or before asking for a
fair hearing, you can ask for a conciliation meeting. This is a
meeting held with you, your specialist and the specialist's supervisor to
try and work out the disagreement. If you are still not satisfied after
this meeting, you can ask for a fair hearing.
You can bring an advocate or friend to the fair hearing and conciliation meeting if you
would like.
When do I ask for a hearing?
If you are appealing a decision to stop or reduce your TANF
cash benefit, then you must request a hearing within 10 days if you want
to continue getting the same amount of benefits until you get a fair hearing
decision.
If
you lose the hearing, you will be charged an overpayment for any
amount you were overpaid.
- For people with no income other than
TANF, overpayments are paid back by deducting 10% from future
TANF checks until it is paid.
- For people with other income (like
earnings), it is paid back by deducting 30% from future TANF checks.
OR
If you want a fair hearing, but do not want
your TANF benefits continued at their current level until you
get a decision from a fair hearing, you must request a hearing
within 30 days or you will lose your right to have a fair hearing.
Appealing ASPIRE Specialist's decisions
You must also request a fair hearing within
30 days, if you want to appeal any of your ASPIRE Specialist's decisions -- including anything that
has been written in
or been excluded from your family contract.
You can still appeal after the
deadline but only if you have a very good reason for appealing late. (See
Good Cause)
If you miss that deadline,
just ask for a change in the contract to include what you want.
If your request is denied, you can then appeal that!
NOTE: The appeal deadline for Food Supplements is 90 days.
If you are thinking about an appeal, free legal advice is available. Contact
Pine Tree Legal
Assistance. They may be able to assist you with your fair hearing. We recommend contacting them.
Or feel free to contact Maine
Equal Justice.
Go to Maine
ASPIRE-TANF Program Rules
