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"Injustice anywhere is a threat to justice everywhere."
Martin Luther King, Jr.

Understanding ASPIRE-TANF

WHAT ARE YOUR RIGHTS?

Revised November 2006

This page was written to give you, as an ASPIRE-TANF participant, the information you need to get the most out of the ASPIRE Program for you and your family, It will also let you learn the rules for yourself, and to know your rights under this Program.  We know it's not easy, and hope this helps.

If you have questions or need help with problems you are having with ASPIRE-TANF, feel free to contact  Maine Equal Justice or Pine Tree Legal Assistance.

Contents:

A Special Note for Families With Disabilities

What is ASPIRE-TANF?

Who is Required to Participate in ASPIRE?

How Many Hours per Week am I Required to Participate?

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

Can a Drug Felon Receive TANF or Food Stamps in Maine?

Transitional Benefits

Your Appeal Rights!

Link to Maine ASPIRE-TANF Program Rules

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 a person's major life activity. 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 in this booklet. 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 a major life activity.

What is ASPIRE-TANF?

TANF (Temporary Assistance to Needy Families) is a federal government program that helps families with children in economic need. The ASPIRE-TANF program (ASPIRE for short) is the education, training and work program that most parents receiving TANF are required to participate in. It is run by the Department of Health and Human Services (DHHS). People in ASPIRE are eligible for help with transportation, child care and other services necessary to help them participate. This booklet is to give you the information you need to get the most out of ASPIRE for you and your family, as well as to let you learn the rules for yourself, and to know your rights under this program.

Who is Required to Participate in ASPIRE?

Parents who receive TANF are required to participate in ASPIRE, UNLESS they are exempt.

People are exempt if they are:

  • A parent with a child less than one year old. 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 a problem with this.)   Parents can only get this exemption for a total of 12 months in all the time they receive TANF;
  • VISTA volunteers; or
  • In a household where a parent receives SSI.

Even if you are not exempt, you still may have good cause for not participating. (See Good Cause section below).

PaS Requirements Are Different

Parents as Scholars (PaS) gives parents who are eligible for TANF the chance to go to college. The participation requirements 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 participate 20 hours per week instead of 30.  Explain to your case manager why you think 20 hours a week is better for you and your family.

For example, you may have to take your child to regula doctor or therapy appointments, or your child's daycare may only be able to care for him/her 20 hours per week.

If your case manager 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 receiving TANF because one of you is unemployed, then it works like this:

  • If you receive federally subsidized help with child care (this includes child care help from ASPIRE), then the two of you, combined, will be required to participate 55 hours per week.
  • If you do not receive federal funding for your child care costs, each of you is required to participate for 20 hours, for a total of 40 hours per week combined.

Important Note:
"Volunteer" Work and Minimum Wage

No one may be required to work as a volunteer or in a community service or work experience situation for less than the minimum wage ($6.75 per hour as of October 1, 2006), considering the value of your TANF and Food Stamps combined.

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 Stamps together, then dividing by $6.75.

For details on calculating the minimum wage, see Calculating "Volunteer" Work and Minimum Wage.

If you must participate more than the minimum wage allows, those additional hours should not be in a "volunteer" work site, but rather in paid work, education, training or other activity.


What Activities "Count" In ASPIRE?

The following activities count toward the hours you are required to participate.

  • 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 stamp 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 provide you with real training for something that you want to do. 

Field training is unpaid, but people get $2.00 per hour in a stipend to assist with training-related expenses. The $2.00 per hour does not change your TANF grant. 

During field training, you can also get ASPIRE support services like child care and transportation costs.

  • Vocational training for up to 12 months.
  • Study time. While you are in school, study time counts. ASPIRE will count one and one-half hours (1 ½) 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 participate 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?

TANF Orientation: At your TANF 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 refer to later so you understand your rights and what you are required to do.

Meet with APSPIRE case manager: Next, you will meet with your ASPIRE case manager.  Ask questions about the program, and

Tell your case manager:

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 posted below in Support Services section.

Family Contract Amendment:  You and your worker will then fill out the contract saying what you will do and what services they will provide you. 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 prevent you from appealing.  If you wish to appeal, you must do so within 30 days of signing your contract.  (See Your Appeal Rights below.)

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.  Ask your case manager 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 amend your family contract, you should be given a list of support services to check off.  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.

If you are working in paid employment and still receive TANF benefits, you will be able to choose whether you want TANF to pay your child care directly to the child care provider, or whether you want TANF to reimburse you after you pay your provider.  If you don't make a choice, your child care provider will be paid directly by TANF.

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 the participant 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 are also available from ASPIRE -- but only up to $500 in a 12-month period.  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 is paid by ASPIRE, 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 to participate. This includes glasses up to $200. 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, DHS 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 such as 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 participate 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 receiving 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 are eligible for PaS if you meet all of the following criteria:

1. You are eligible for TANF;

2. You are enrolled in a two or four-year post-secondary degree program;

3. You do not already have a bachelor's degree that will get you a job;

4. You do not have the skills to earn more than 85% of the median income (effective 10/06 through 9/07, this is $735 weekly for a family of two; $908 for three; $1,081 for four);

5. The education you want will improve your ability to support your family; and

6. You have the aptitude to succeed in college.

If you are eligible, your ASPIRE case manager will place you in PaS once you are enrolled in school. PaS is limited to 2,000 people, but as of January 2006 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.  Within 30 days, you must be given a written decision on whether or not you are accepted in the program.  If, at any time, you are denied entrance into the program, you can appeal.  Be sure to ask for a written denial.  (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 participate the number of hours required or cannot do what is being asked.  ASPIRE may allow you to do something different or allow you to participate fewer hours, of even not at all, if you have "good cause."

This can mean:

  • Reducing your participation hours;
  • 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 circumstances at the time your amended family contract is written, so that the contract states what you are really able to do given your situation.  Make sure that your case manager writes your good cause circumstances into your record.  (Go to Good Cause section below for more information)


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 are participating 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 case manager for a written denial  Be sure to appeals within 30 days of the decision.  (See Your Appeal Rights)


What is a Sanction?  Can I be Sanctioned? 

You can be "sanctioned," if DHHS decides that you have failed to follow the ASPIRE rules, without good cause. (See What if I Cannot Do What ASPIRE Requires? Good Cause)

A family may be sanctioned for missing an orientation or appointments, or for failing to do what is required in the "family contract."

A "sanction" means that DHHS can reduce your TANF benefit by removing you, the adult, from the grant. For example, a family of 3 receiving $485 per month would be reduced to $262 (the maximum grant for a family of 2without an adult on the grant).

  • The first time you are sanctioned, you can get your benefits back as soon as you comply with (follow) all ASPIRE rules.
  • The second sanction lasts three months.  After that time, you can get your benefits back if you comply with all ASPIRE rules.
  • The third sanction lasts six months.  After that time, you can get your benefits back if you comply with all ASPIRE rules.

Before you can be sanctioned...

There are several steps the case manager must take before you can be sanctioned. The case managers must:

  1. Thoroughly review your circumstances.
  2. Send you a notice explaining why you might be sanctioned along with a complete list of good cause reasons as stated in Maine law.
  3. Give you an opportunity to tell DHHS what your good cause circumstances are.  (You have 10 days to respond to the notice to tell DHHS about your good cause reason.)
  4. Get their supervisor to approve the recommendation to sanction you.
  5. If you are found to have good cause for failing to do something in  ASPIRE, your case manager must offer you some other reasonable easy to participate.  (See Reasonable Accommodations) Make sure your case manager writes in your record and your family contract your good cause and your participation requirements.

Also be sure that your case manager reviews any old sanctions on your record for which you think you had good cause.  The case manager is supposed to remove any sanction that was not correct.

If you are sanctioned and disagree with it, you should appeal.  (See Your Appeal Rights)

Removing sanctions from your file. 

Sometimes people are sanctioned the first time but because the dispute is resolved -- the participant and DHHS work out the problem -- they never lose any benefits.  If this happens, check with your ASPIRE worker 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 then the next time your family will be given a longer sanction period.  (Review list of sanction periods)

How do sanctions affect Food Stamps and Maine Care?

Food Stamps also may be reduced when you are sanctioned.

Your Maine Care should not be terminated when you are sanctioned.

If you have questions about sanctions or need help appealing a sanction, contact
  Pine Tree Legal Assistance or
 Maine Equal Justice.



"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 when you first apply for TANF or any time later.  Tell your ASPIRE case manager if you think you have good cause.  If your case manager 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

In Maine, families are not cut off of TANF after five years.

We do not have a TANF time limit the way many states do.  In 1998, the Maine Legislature passed a law that says a family that follows all TANF program rules and still needs assistance after 60 months (5 years) will be able to get it.  (However, because some states follow the federal time limit of 5 years, or even less, any time spent on TANF in Maine may count against a time limit if you move to another state.)

Sanctions and Penalty Periods

If you don't follow TANF rules you can be sanctioned.  If an adult (not a child) in your family has received TANF for 60 months or more, and has been sanctioned 3 or more times for not following TANF rules or for failing to cooperate with child support enforcement, you will be given a penalty period during which time your grant will be reduced for as long as your last sanction.  (Remember that sanctions before November 1, 1996 do not count.)

Before a penalty period is imposed, a supervisor must review your file to see if your case manager made sure that you did not have "good cause" before each of your sanctions.  (See more on sanctions above.)

Example:  Sara and her two children have received TANF for more than 60 months.  Sara has been sanctioned 3 times during this period.  The last sanction lasted for six months.  Sara will now have to serve a penalty period of six months - the same amount of time as her last sanction.  During the penalty period, her TANF grant will be reduced to $262, the maximum grant for a family of two without an adult. (The maximum grant for a family of 3 including an adult is $485.)

EXCEPTIONS:

Your family will not be given a penalty period if:

  1. You have experienced domestic violence;
  2. Someone in you family has an illness or disability; or
  3. You have other good cause.  

If you are told that you will have to serve a penalty period but you have one of these good cause reasons, make sure you tell your TANF case manager.  If your case manager tells you that you didn't have good cause, you can appeal.

During the penalty period, you must continue to follow all ASPIRE rules.  If you do not, your family may be totally cut from TANF.  Remember this would only happen if you:

  • have had 3 or more sanctions,
  • have been on TANF more than 60 months, and
  • are not currently following TANF and ASPIRE rules.

Remember, you can get your TANF benefits back if you follow TANF and ASPIRE rules.  Call your ASPIRE or TANF case manager to find out what you need to do.

If your family is penalized or cut off from TANF, you will get a written notice first.  If you appeal within 10 days, your benefits can continue while the appeal process takes place.  (See more on appeal rights below.)

If you are penalized or cut off, you can get advice and help by calling Pine Tree Legal Assistance or Maine Equal Justice.



Calculating "Volunteer" Work and Minimum Wage

DHHS has agreed to determine the amount of "volunteer" work hours by dividing the total of your TANF and Food Stamp grants by the minimum wage ($6.75 per hour as of October 1, 2006).

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.

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 receive a TANF grant of $485 plus a $240 food stamp grant. Figure their maximum "volunteer" work hours like this:

   $485 (TANF grant)
+ $240 (food stamp grant)
_________
   $725
/ $6.75 (minimum wage as of 10/1/06)
_________
    107 (monthly hours)
/  4.3 (average weeks in a month)
_________
    25  (hours per week)

This family may not be required to do unpaid work more than 25 hours in a week.

Although Mr. and Mrs. Smith do not have to do more than 25 hours of volunteer work, they can still be required to "participate" for a total of 40 hours. The remaining 15 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 15 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: Lets say a single parent, Ms. Jones, has one child and receives $363 per month in TANF and $140 in food stamps. 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 stamps)
________
  $353
/ $6.75 (minimum wage as of 10/1/06)
________
    52 (monthly work hours)
/  4.3 (average weeks in a month)
________
    12 

Ms. Jones may not be required to work more than 12 hours per week.

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 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 of wages. 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 is why you are leaving.

Tell your TANF worker that you are leaving TANF because of work.

Tell your TANF worker 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 Resource Development Center (RDC) to get help with child care. You can get the address and phone number for your local RDC by calling 1-888-917-1100. As long as your income is below a certain amount (for example, $41,985 for a family of 3), you should be eligible for help. You will have to contribute a small amount to the cost of child care depending on your income.

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 receive between $1 and $10 a day for twelve months to help with your transportation costs. Your benefit will be paid every three months for the first year, in a lump sum, in the 4th, 7th, 10th, and 13th month, after you leave TANF.



Can a Drug Felon Receive TANF or Food Stamps in Maine?

Yes. In 2002, the Maine Legislature overturned a ban that prevented people with drug-related convictions from receiving TANF and food stamps. This means that as long as they are otherwise eligible, people with drug-related felony convictions can now receive food stamps and TANF, and also the employment and education services offered by ASPIRE.

The ban on TANF and food stamps for people with drug-related felony convictions was enacted as part of the federal welfare reform law of 1996. But the federal law allowed states to decide not to adopt the ban. Even though Maine originally enacted a ban, the legislature decided to remove the ban and allow people with these convictions to get TANF and food stamps 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 case benefit, Food Stamps 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 case manager 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 decided to appeal, tell the case manager who made the decision that you want a fair hearing.  A fair hearing is an opportunity for you and DHHS (and any other witnesses that you and DhHS want) 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 case manager and the case manager's supervisor to try to work out the disagreement.  If you are still not satisfied after this meeting, you can ask for a fair hearing.

When do I ask for a hearing?

If the decision you are appealing is to stop or reduce your 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.

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 still must request a hearing within 30 days or you will lose your right to have a fair hearing. 

You must also request a fair hearing within 30 days, if you want to appeal any of your ASPIRE case manager'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!

The appeal deadline for Food Stamps is 90 days.

If you request a fair hearing, ask for help from  Pine Tree Legal Assistance or feel free to contact  Maine Equal Justice


Go to Maine ASPIRE-TANF Program Rules

Disclaimer

Maine Equal Justice Partners
November 2006

We are providing this information as a public service. We try to make it accurate as of the date indicated for each client education page. Sometimes the law changes. We cannot guarantee or promise that this information is always up-to-date and correct. Feel free to contact us to find out if there have been any changes since the date of the information provided.

We do not intend this information to be legal advice. We do not intend it as advertising or solicitation. By providing this information, we are not acting as your lawyer. It is best to consult a competent lawyer before taking legal action.

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