BREWER, Maine — For years, Marjorie Albee, who is mentally disabled, has been turning over the heating assistance checks she receives to the small group home where she has lived, even though her rent payments include utilities.
The Charlotte White Center, which runs the Brewer home where Albee now lives, says it needs the additional revenue to cover its expenses. But advocates and the agencies that administer the state’s Low Income Heating Energy Assistance Program say this practice, which essentially means the agencies are being paid twice for providing heat and utilities, flies against the intent of the LIHEAP program.
By law, the federal money is intended for the residents, according to officials with Maine State Housing Authority and the Office of Adult Protective Services.
While there is no mechanism in the LIHEAP application to track recipients’ living situations, state officials said they believe this has been happening on a wide scale.
Charles Shaffer, a regional advocate for the Department of Health and Human Services’ Office of Advocacy, said residents of small group homes can do whatever they want with their LIHEAP funds, including turning them over to the agencies that care for them, but the law is clear that the funds are meant for the residents.
Small group homes house as few as two residents who receive varying levels of support, often including round-the-clock staffing. Typically, a fixed percentage of the resident’s income goes toward the rent, though under the LIHEAP program they are considered the same as any renter.
“This is not a new situation, but I don’t think the legality has ever been tested,” said Shaffer. “From our end, we kind of frown upon it because [the agencies] have already included the cost to run a home in their budget proposals. According to a straight reading of the statute, this is probably not something that should be happening.”
Shaffer said a handful of residents of small group homes and their legal guardians have contacted him about this issue in recent years.
“There have been times in the past when I have complained about this on behalf of a person who has contacted me,” said Shaffer. “I have gotten refunds in every case.”
Albee, 66, who lives on Social Security disability income, has about $70 a month for spending money after her lease payments, which cover room and board, including utilities. The rest of her income flows to the Charlotte White Center, an organization that oversees a home in Brewer where Albee and another woman receive around-the-clock care and supervision. Sharon Gilley of Seal Harbor, who is Albee’s court-appointed legal guardian, said Albee is mentally handicapped and unable to make many decisions on her own. For the past dozen years, agencies that have cared for Albee have applied for heating assistance on her behalf and then put the money into their operating budgets, said Gilley.
“It’s not right what these homes are doing to these people who are in them,” Gilley told the Bangor Daily News. “I would like people to know what’s going on.”
Gilley said though she has been Albee’s guardian for many years, the first time she personally applied for heating assistance on Albee’s behalf was earlier this year. In past years, the agencies she has lived with have filled out the application forms and when Albee received checks, Gilley signed them over to the agencies. Then this year a check for $193 came to Gilley in Albee’s name and she decided to resist giving it to the Charlotte White Center. Gilley contacted several agencies including the Maine State Housing Authority and Penquis, which administer LIHEAP in Maine, and came to the conclusion that Albee is entitled to keep the money.
“Part of me kept saying I know this isn’t right,” said Gilley. “Up until this year’s check I never knew I had the choice.”
Rod Willey, an operations and social enterprise team leader for the Charlotte White Center, said he was unfamiliar with Albee’s specific situation, but said all of Charlotte White’s residents — or their legal guardians — make their own decisions about what to do with their LIHEAP funds. He said 16 individuals under the center’s care opted to turn over their LIHEAP money during the most recent round of funding for a total of $2,660, compared with three individuals who chose to keep their checks.
“They have the right to keep the money, and some of them do,” said Willey.
Earlier this year, the Charlotte White Center conferred with Maine State Housing Authority, which administers the federal LIHEAP program in Maine, about which clients were eligible and which weren’t. Willey said residents are asked to sign a non-legally binding agreement to turn over their LIHEAP proceeds, though Gilley said she never has seen such a document from the Charlotte White Center and wouldn’t sign it if she did.
Gilley said Charlotte White called her this spring and asked her to either fill out Albee’s LIHEAP forms or give the agency permission to do so. It was the first time Gilley ever has filled out the forms personally, which she said prompted her to call numerous agencies to determine who is eligible for the money — including Charlotte White officials who Gilley said at first told her she had to turn over the LIHEAP funds. Gilley learned that Albee could keep the LIHEAP money, which Gilley intends to use for a winter coat, clothing and other expenses that Albee’s $70 a month in spending money can’t cover.
Gilley said one of her major concerns centers on what went on in past years when she wasn’t involved with Albee’s LIHEAP application. She said there were several years when staff at a previous organization that oversaw Albee’s care, a Bangor-area firm called OHI, filled out the LIHEAP forms for Albee with no involvement from Gilley.
“The reason Margie has a guardian is because she can’t make choices for herself or sign for things,” said Gilley. “When the check came I had to sign the check and turn it over to them, but part of me kept saying, ‘I know this isn’t right.’ I’ve had this gut feeling for 12 years that this is wrong.”
Bonnie-Jean Brooks, OHI’s president and CEO, said that like the Charlotte White Center, OHI does not require residents to turn over their LIHEAP funds, but most of them do.
“So far, we have shied away from [requiring the surrender of LIHEAP funds],” said Brooks, who added that traditionally OHI’s case managers have helped residents fill out LIHEAP applications. “We do try to explain to the residents and their legal guardians that we need that money to help offset our expenses. With a few exceptions, they’re very good about turning over that money.”
Though Gilley said she is not seeking any financial reimbursement on behalf of Albee for thousands of heating assistance dollars Albee has not received over the years, Gilley said she is working with an attorney on Albee’s behalf.
“I’m not going to ask to recover the money; I just want this to stop,” she said. “I just want to open the public’s eyes to people like Margie. They should not apply for this money under this sneaky guise.”
Barbara Stone, a fuel assistance project manager for Penquis, which administers the federal LIHEAP program for part of the state, said the first time she has heard about this situation was this year from Gilley. Though she declined to speak about any specific person because of confidentiality reasons, Stone said a LIHEAP recipient whose utilities are covered in their lease payments receives a check directly. In other cases, checks typically are written to heating oil or utility companies.
“Most people who have heat included, their rent is higher,” said Stone. “In those cases we send the money directly to the client to help pay for the rent. We don’t send it to the landlord. Unless the client signs a certain document from a facility, they’re entitled to the money. It’s intended for the client, not the facility.”
Stone said a LIHEAP application asks for a name and address, details about the type and condition of the home the person lives in, documentation about the person’s income and whether utilities are included in their rent. There is nowhere in the application process that indicates whether a person is living in a small group home or what their monthly expenses are.
“All we look at is gross income,” said Stone. “We don’t know where their money goes.”
Deborah Turcotte, a spokeswoman for the Maine State Housing Authority, which receives and distributes LIHEAP funds in Maine for the federal government — often through partnerships with organizations such as Penquis — said the agency has been working with the Charlotte White Center and other agencies about where heating assistance money should flow.
“They may ask their client, ‘could you help to defray the cost of heat?’” said Turcotte. “It would be totally voluntary. It is our understanding that Charlotte White does not insist that their clients sign the funds over. There is a form for clients to sign but they are not forced to do so.”
Turcotte stressed that because of confidentiality rules, MSHA does not disclose to agencies whether their clients receive LIHEAP funds, which means a resident of a group home or any other renter does not have to disclose that they are applying for LIHEAP at all.
“We do not tell any organization whether one of our clients has received LIHEAP,” she said. “The relationship with MaineHousing is with the person who applied.”
Willey and Brooks said asking for LIHEAP funds from residents of Charlotte White and OHI is part of a bigger effort to identify and collect revenue from as many sources as possible. They said that in recent years, funding for their agencies has been cut sharply on a number of fronts, including MaineCare, while living expenses ranging from food to utilities have gone up. Brooks said most of OHI’s residents’ lease payments don’t cover the cost of their room and board, which is why the organization tries to collect money from the LIHEAP program and in some cases, food stamps.
“When the LIHEAP comes in it goes toward offsetting the deficit in their room and board,” said Brooks.
Willey said most of Charlotte White’s revenue has been flat funded for several years and that more recently, there have been “pretty severe cuts.”
“At the end of the day the LIHEAP money is the money of the person who applied for it,” said Willey. “If they choose to sign the check over it does really help us. It’s an important source of revenue. The more that funding has been cut, the more we’ve been forced to look at the things we traditionally didn’t.”
I have several problems with this. 1. that the money for utilities is already covered in the moneys the programs get. 2. the money is meant to assist the residents, not the programs. 3. that this has gone on apparently for awhile 4. that clients may have the option of opting not to give the money to the programs, but they are not told this. All in all, I think it is very unethical and dishonest for the LIHEAP money to be used in this way.
Playing devils advocate ….. funding and grant dollars have been severely cut so agencies have t0 explore other options. The ultimate question is, who gets the LIHEAP funds (($197 – $300/year) – we are not talking about a huge amount of money, but every bit counts. I do not believe that the agencies mentioned in this article have coherced clients into handing over LIHEAP funds. If the individuals (clients) undertsand the situation most would agree to offset room, board, staffing costs to ensure placement. If they cannot consent, guardians will represent them. I can guarantee most guardians/rep payees will forego the $197-$300 in LIHEAP funds in lieu of displacement. Just something to think about.
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If the rent includes heat should they be allowed to apply for LIHEAP? Everyone in the home uses the heat but some give the LIHEAP to the home others don’t and then we have the employees that work in the homes 24 hours a day so the employer has to provide heat for them. It’s hard to believe a program has been around this long and these questions haven’t been raised before. I think this article raises a lot questions. What if there are apts tenants applying for LIHEAP and the heat is included in their rent or someone just renting a room in a home that apply’s. This needs some guidelines clarified.
I agree, it sounds like they qualify for Rent/Tax Rebate not LIHEAP. And that it should be the for the people who pay the rent not the landlords or people who run the group homes.
Questions have been raised–they have simply been ignored, Jim…
As the article states, if utilities (including heat) are included in the rent, the rent is higher. A resident who receives LIHEAP, is offsetting the additional cost. If they pay the heat on their own, the LIHEAP funds are given to the oil company on behalf of the recipient. So if a resident’s rent includes utilities, turning over their LIHEAP funds is paying for the heat twice. If the home is having issues covering costs, they can always choose to look at their budget and make changes or see what additional monies are available to help cover those costs. If a resident only has $70/month discretionary income, how can they cover clothing needs? Seems usary to me.
The program is ‘LIHEAP’ with a ‘P’. And it’s not a given that all or any Maine group home managers are doing anything but using the funds that have been entrusted and assigned to them, through court recognized guardians, to support their residents. I’m sure we’d have hear about it before.
First, it’s LIHEAP, not LIHEAT.
Second, this money is given to these people for heat, not to do as they please. That’s one reason this country is in so much debt. The CAP agencies are just as much to blame, as they should not be giving away tax payers money for heat to people that don’t pay for their heating. What am I missing???
If their rent includes heat, they are already paying for it, and yes the check is for them to do what they please….it is about offsetting the cost of heat.
When a person is given LIHEAP and it goes to the oil dealer, then that may free up some of their cash to do something else with right? What is the difference?
To me is sounds like this persons guardian was never informed about the LIHEAP payments and the client was unable to make decisions on her own….so couldn’t tell the company that ran the group homes she was in what she wanted done with the money. That, to me, sounds like theft.
Except that the consumers would NOT be displaced as their payments include almost all of their monthly benefit checks as well as 100k-175k for their care under the group home and PNMI provider programs…:) Quite a chunk of change, no??? Uh–and they most often do not understand as they are cognitively disabled and that is why they are in a group home…
Thank you for pointing out that many of those who have fall prey to this con are cognitively impaired. So when the home managers say they explain the situation to their charges and they are happy to turn over the checks, it becomes even more despicable. That, in my opinion is not only abuse of the disabled but committing out and out fraud agains the government as well.
I 100% agree with you!!
I don’t understand what you mean be displacement? The LIHEAP funds are meant to be spent by the client for items to keep them warm. The state normally pays for the clients room, board, and any other costs connected to their living arrangements which would include heat.
Liheap funds can actually be much higher than this. I applied a few years back and not only did they pay for 4 cord of firewood, they also paid for an inspector to come out and check my chimney before they would deliver it.
Here is a novel idea…if you don’t have a heating system you don’t get L.I.H.E.A.P. funds period. Telling these folks to keep the money? It sounds criminal to me.
Low Income Home Energy Assistance Program (LIHEAP)’Home Energy’ is more than just an oil tank in a basement some house.
And ‘Low Income’ is, well, low income. Get it?
What part of the concept of “HOME ENERGY” seems difficult for you? Not money to blow at the mall shopping!
I don’t necessarily disagree with that. The issues here seems to be how eligibility is determined and also whether the programs are double-dipping in an effort to make up for budget cuts. It seems fraudulent all around to me.
Perhaps the AG should look into this issue as it appears to be fraud. I also wish the reporter would include the monhly reimbursement these agencies receive and where the money comes from. It also does not appear that these clients should receive food stamps as the agencies are already reimbursed for both the room and food according to the article.
Charlotte White Center is a non-profit organisation with 30 years in the State of Maine. That said. There needs to be more guidelines as to the group home setting. Why should one person be allowed to keep the money and another in the same group home chooses not too. Their all under one roof and the money is for heating assistance.
If heat is included in the cost of their rent, why are they allowed to apply for heating assistance?
section 8 people that have heat included in thier rent also HAVE to apply for liheap too.
why are people with section 8 allowed to apply and recieve Maine Stae Rent/Property Rebate also?? But they do and they can!!
the money was NOT asked for by the Charlotte White Center to liheap it was asked by each person!
So publicly funded agencies are essentially stealing from those they serve, taking advantage of their disability. Nice.
Sadly I wish I knew less about this pactice, but unfortunately as I have a relative in a situation like this I have way too much knowledge. It is another way of ripping off the elderly and those unfortunate enough not be be able to take care of themselves any longer. The greed factor is there. Lots of money in Group homes, elderly centers (not for profit) and the such. Many people who own/run them are doing very nicely indeed. NOT speaking for those out there who are truly working in best interest of their tenants/clients, you know who you are. Speaking of the low-lifes, slumlords, etc. We know who you are also!
Congratulations go to Charles Shaffer, Sharon Gilley and the reporter Christopher Cousins for bringing this matter to our attention. No one wants people to be taken advantage of and it is very clear that at least some of these monies have been redirected. This is not in the best interests of either the LIHEAP client or the taxpayers.
I presumed that LIHEAP was only for people who lived in their own homes. It seems to me that if a person is not using the funds to heat their own home, they wouldn’t be eligible for the program.
my thoughts exactly. the individuals listed in this article shouldn’t qualify for the program in the first place.
I’ve been hearing rumors about inadequacies with reference to the agency mentioned in this article for several years, so this really doesn’t surprise me. When utilities are included, the client is paying for the heat, albeit secondarily. As is mentioned above, when living in housing that provides utilities of any kind, the rent is higher than if the client were paying for heat themselves. The persons involved in this case as challenged, so the question arises: who is assisting them in making application for HEAP? It is doubtful that the challenger client takes it upon themselves to make application, and if the caretakers at the facility are making application for them, it suggests to me that it’s a bit like collecting welfare monies for a child and using those monies to pay for the Android phone.
This said, this question also arises: if the client’s needs are met through state and federal funding (board and room), I agree that there is no need for HEAP assistance for the individual, and that the agency should be applying for assistance if needed. Groups homes receive payment from government agencies to cover expenses of their clientele. People in subsidized housing receive payment from government agencies to assist them in covering expenses; it’s the rare case that those monies cover all expenses in these cases, consequently, the HEAP monies received help to offset cost of living expenses. People living in group homes are issued (from my understanding) an allowance but do not contribute anything of their own earnings to their livelihood, thus, have nothing to offset.
Many residents of group homes, through a guardian if one is appointed, sign over their entire monthly Social Security benefits, yearly, and out of that the home provides them with a small monthly allowance, essentially. They take care of everything else, supposedly. Of course, there will be one or two who take advantage or cut a corner. But eventually, what goes round comes around and they do get found out.
In my experience, the state took care of handling the clients Social Security checks, paying the group homes and also the clients monthly allowance. In some instances a family member was guardian, and handled the payments for the client.
Usually the person applying for the LIHEAP funds for a client, would be their case worker or guardian, or some other person who manages their care, not the group home workers. These mentally challenged people are given $50 to $75 a month to buy clothing, personal care items, and any other needs they have which keeps them way below the income level needed to qualify for LIHEAP. In Maine a winter coat and warm boots are costly and needed to get through a cold winter, that’s what the money is used for, and any other things needed to keep them warm.
Hmm, this seems to run parallel to another situation that bugs me. We give families that qualify EBT cards that are supposed to feed their children and themselves (food stamps). Yet when these same children go to school they also qualify for free breakfast, lunch and often after school snacks.
Now accirding to this story we are paying several times for heat to the same buildings.
How is it that recipients are given LIHEAP funds directly? Has the program changed? When I worked for a heating oil company, they did the accounting on how much was delivered to those who received LIHEAP. In other words the customer was allotted a dollar amount in oil, wood, coal, etc. delivered. The customer never saw any cash.
These clients that receive funds directly are mentally challenged, disabled, and a lot of them live in Group Homes that are fully staffed 24/7. They receive a small amount of spending money a month. The money allows them to buy clothing and other items to keep them warm in winter.
I realize that. The question is why they are issued a LIHEAP check on top of that. I would think that if the home they are living in is in need of LIHEAP they would apply for it on their own. Not that I object to them having spending money. It’s just that LIHEAP is for heating assistence, not spending money. Just like food stamps are supposed to be just that, ‘Food Stamps’, not spending money for cigarettes and booze.
I don’t know why they are allowed to spend their check on winter items to keep warm. The owner of the home would probably have too much income to qualify for LIHEAP assistance. There is a strict income limit for qualifying.
It’s just that – ‘a story’. What runs parallel are rumored opinion and speculation, mostly.
They are separate programs and essentially haven’t changed from what you remember. Not everybody gets personal oil delivery.
The one constant is that different criteria are applied to different individual qualifying circumstances and out of those are many.
The country wouldn’t be so broke if there were more checks and balances to ensure people who need help get it – and that those who don’t aren’t scamming or manipulating the system. That and every other person has an entitlement mentality in Maine. You can be poor and make with very little government help if you BUDGET and let go of your stupid pride. My family is doing it and so are many others in Maine – many people on food stamps (or applying for them) are lazy or incompetent when it comes to personal finances. You don’t need to eat out twice a day, buy an Iphone, new car loan, then whine and cry because the government won’t buy your groceries. Plenty on welfare are doing just that – spending money into oblivion and crying because of no more free checks. Buy food in bulk, burn firewood, shop at thrift stores – stop being foolish with your money – it makes life so much easier. Restore your self respect by working hard and living within your means. Living a lie will just lead to debt or bankruptcy. There is no shame in being poor – but there is much in being stupid.
Easy now – stupidity isn’t always voluntary.
“The country wouldn’t be so broke if there were more checks and balances
to ensure people who need help get it – and that those who don’t aren’t
scamming or manipulating the system.”
I have to agree with your first sentence, Jonathan, however…you knew that was coming, right? The only way to have more checks and balances is to hire more people to monitor the problem. And since most Republicans want to shrink the government, then what can you offer as an alternative solution?
The only way to have more checks and balances is to hire more people to monitor the problem. And since most Republicans want to shrink the government, then what can you offer as an alternative solution?
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…get the government OUT of supporting those who don’t/can’t support themselves. Turn it back over to the churches, synagogues, temples, individual families… The smaller the group is that has to be monitored, the easier it is to weed out any scammers. It is the ultimate in ‘local control’.
There’s a GAO report on this same issue and it points out lots of fraud and abuse. It’s all Federal dollars for most States, but the rules of each State can be different. No SSN verification/ no income verification / some don’t count assets/ i.e. million dollar home getting LIHEAP, Federal employees receiving aid, people in prison ,dead people and some households get two or three LIHEAP under different names. The report is a good read.
Why wouldn’t a Federal Employee who met the eligibility requirements due to family size and income limits NOT be allowed to recieve Energy Assistance? If they earn an income and report it honestly then they should not be judged any differantly than anyone else.
I have an elderly aunt who lives in subsidized housing. She pays $210 per month with heat, electricity and basic cable all included. Yet she still receives a check from LIHEAP each year. In my opinion, LIHEAP shouldn’t be given to anyone who has their rent subsidized and already has heat included. They will never have to worry about running out of oil or pipes freezing in the dead of the winter. With rising fuel costs and reduced LIHEAP funding, we need to be vigilant and help out the most needy and vulnerable amongst us.
You’re absolutely correct; it’s a ripoff.
And listen to this: people who get general assistance to pay their rent turn around and file and get rent rebates from the the state of Maine! They pay NO rent out of their own pockets but get $300 to $500 back from the state. How’s that for a taxpayer ripoff?
I, too, have a relative living in subsidized senior housing…get this: it’s owned and run by the Diocese of Portland. They run many senior development homes throughout the state.
My relative, too, gets a refund check from LIHEAP every year, which he is able to keep for himself.
Time for this to stop, especially when the Catholic Church plays such a big part in this deceit.
Your aunt’s income must be low and she would use the LIHeAP for winter clothing, blankets, things to keep warm. Does she also have to pay for medicines?
I am sure you are mistaken on at least a couple of items. Applications occur once every five years for people in subsidized housing. She may have gotten one sizable check at the very beginning of her subsidy for the previous year and may a bump in food stamps, in he past but no longer, if enrolled in that program.
And I must say, I bet your aunt just LOVES you! Wow!
Why should anyone whose living situation includes heat apply for LIHEAP and why should he/she be allowed to keep the LIHEAP money they receive? They aren’t heating anything so why is the LIHEAP check treated as a windfall?
There are plenty of possible scenarios. Some people have built-in supplemental electric heat registers that aren’t included in the rent which covers oil or gas fueled heat for the entire building, which shows up a tenant’s electric bill, for instance.
I wonder how many years and how many lawmakers have had their fingers in this pie? Once again the haves or insiders step on the little people to pad there pocket.Just one more case of the fox watching the henhouse.
Any organization that has a position of “operations and social enterprise team leader” needs to be looked at very closely! Nice work on the part of the reporters.
Why isn’t that place o the gas line?
I contacted DHHS repeatedly a few years ago on this matter, and was told this practice was “basically supported”. I was informed that the person for whom I serve as legal guardian was going to be taken to apply for funds and I first questioned why she needed them since her home provider was already paid for her heat and was told she “qualified” for them. I attended the appointment, then discovered that home providers had been using the common practice of taking these funds to use for “heat” that they are already paid for. I voiced my opinion (quite firmly) and she kept the few hundred she got to use along with the ten dollars a week she gets to cover all her personal needs. Some home providers–the one I chose for the person I act as Guardian for is one of these– are very good at “getting the extras” needed for those they serve–others buy nothing extra–either the consumer has the money or they go without until thier 40.00 per month comes in for “personal needs”. The fact is that in addition to the very generous state stipend, the homes also get the bulk of the person’s benefit checks–or about 600.00 extra per month. After being able to extract only ambiguous answers from DHHS and Penquis CAP over a period of more than a month, I simply stopped having her apply out of principle. With elderly people keeping their homes at 60 degrees because they cannot afford heat, the heinous double dip here is simply disgusting, and this practice has gone on for years. Look a bit deeper into this–the homes who say their “budgets have been cut to the bone” receive (depending on the individual) as much as $175,000 a year PER PERSON to provide care/room and board–yes, that was 175K, and there are cases where this is even more. That can total over 300K per home annually with 2 residents PLUS the resident’s 600.00 monthly payment gets added to this. In fairness, on average, the reimbursement rate is probably around 100-125K per person PLUS the resident’s payment, but still MORE than sufficient to provide heat. I do not and have never bought into the “need” issue here. The payment received by agencies providing residential services under the group home structure is MORE than enough to cover expenses without taking LiHeap and food stamps benefits–this has been sanctioned “double dipping” at its most blatant. This “dirty little secret” is pure greed, wrong, and I am happy it has finally been exposed.
And now you know why Maine is a solid Democrat state. So many people, businesses (like Charlotte White Center) are dependent on the Federal funds coming into this state that , voting for Romney/Ryan might jeprodise there livelyhood.
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I have a friend who is employed by one of these agencies in the Bangor area. Her shift begins around 2:00 p.m. and ends at 10:00 p.m. (Friday thru Sunday) Her employer does not pay her from 8:00 p.m. thru 6:00 a.m. because the consumer(s) are sleeping. If a person has to stay in the household with consumer(s) during these hours, how can agencies get away with not paying an employee for being there and being responsible for consumer(s). Although these are the normal bedtime/sleeptime hours I feel as though a person should get paid if they have to stay on premises and be responsible. The agency is getting a total of 20 hours of free labor over a three day period. Surely the consumer(s) are not getting discounted on the cost of living in these homes because they are sleeping. I am wondering if this is even legal. I know this may sound off track but, just another example of how these agencies make the big bucks!
Your friend might wish to make an inquiry with the State Department of Labor. Seems a little strange, but maybe in the particular fact situation you describe the practice is permitted. Best thing to do is ask.
Maine has a minimum salary law and a minimum hourly wage law. I don’t think employers are allowed to mix the two together for the same employee. I worked as the live-in caregiver for an elderly couple in another state that probably didn’t even have such laws. The family paid me a salary and they hired hourly employees so I could have time off. It was a no brainer for a family of grain farmers so I think this agency your friend works for should be able to figure out what’s right and fair.
IF the person has to get up to support, they do get paid, I believe if it is a certain amount of time, they would also get paid the time they slept. I am against a lot of the practices of these “non-profits”, but there are a lot of businesses that do not pay sleep time, if you are away from home on business.
Perhaps you meant 2pm – 10am? Everybody has to be someplace.
Your friend has agreed to work under those terms. If they have to pay here for the time she’s not really doing anything, they would find something for her to do that would justify the extra expense. And she’d be working a lot harder and/or making less per hour, believe me.
if the person is there and can not leave to go somewhere then they should be paid. Contact Maine state labor
It is sanctioned, Tom–sad, but true…
Try working with behavior impaired or total physical care individuals–then say that…:)
I think that Maine Ag should be reading this article and what people are writing and look into these facts.
Can the employee leave durning the hours the consumer is asleep, If not then it should be concidered work time.. Here is another question. if the employee gets hurt while the so called consumer is asleep is it covered by workers comp?
My question to you is why the double dipping? Several people here have very aptly pointed out that if someone is living in a place where heat is included because their landlords are being subsidised with LIHEAP funds, why should the tenant also be eligible for LIHEAP funds? That is double dipping in my view and I believe poor folk who are trying to keep up with heating costs and can’t pay the price for the dipping because funds are being cut. Of course the money shouldn’t be redirected. The tenant shouldn’t be eligible for it in the first place. Use that money where it is really needed.
Ms. Gilley is to be commended for coming forward with this clear abuse, not only of the LIHEAP program, but also of an incapacitated recipient. Mr. Willey, however, is full of it if he expects people to believe that residents “…make their own decisions.” How does one do that if one is incapacitated? The Charlotte White Center does a great service, but Willey is a prime example of what happens when big business gets involved. With them, it’s always about the money, isn’t it?
I would like emphasize the fact that these are incapable of making their own decisions let alone are aware of what they are signing. Furthermore, I am reasonable sure that information provided on the applications is not accurate. If there are more than one individual in the household it should be reported as such.
This is outrageous. So the owners of these homes can make a profit on cheap heat. Heat payments meant for the old and disabled.
So, it seems LIHEAP funds are not only meant to help buy heat, as was my understanding, it can be used for absolutely anything. It seems the LIHEAP applications should include living situations to me. It also doesn’t make sense that the checks are made out to the applicant, rather than the company providing the fuel. And, I trust the Charlotte White Center is fine with the fact that their cashing of those checks causes other children and elderly to be cold. It is hardly an unlimited source of funding.
So logic would dictate that the facility that houses these people should be able to apply for LIHEAP money because every gallon of oil used produces heat for all the eligible residents collectively. A group home could actually be a money saver for the government because only one building is being heated for a number of people.
Having worked for agency serving individuals with develomental disabilies, there needs to be more transparency with regards their living situation. The practice of double dipping doesn’t provide extra resources to client. Most of the clients I served only had 20 to 40 dollars a month extra to purchase toiletries and paper products. How are these individuals able to clothe themselves? Fortunately there charitible resources to assist in dyer needs such as this. Be that as it may, if a person with developmental disabilies qualify for heat assistance, it should go to the client. Another major concern should be whether an individual with DD has the capacity to understand the concept, the application process, or understand what they are signing, such as the application or the refund check to the agency. I for one am glad this injustice perpetrated against those who cannot advocate for themselves has been brought to the forefront.
As I just pointed out to someone else, so called ‘double-dipping’ is not allowed. If someone lies on an application and benefits in some way, that is a punishable offense. People on assistance generally don’t dare do it, because their lives depend on those programs.
It’s simply not true that there is as much fraud coming from the populations that desperately need help, as some would have us believe – namely the Teapublicans.
They need to stop lying. They are the frauds.
Obama 2012
I am sorry–I am a strong Liberal, but there IS fraud and there are punishments when the people are pursued…
ABSOLUTELY true and accurate…
Basically another FRAUD courtesy of the ‘compassion professionals’.
It is not everyone–it is the system that needs to change. The people who work in the fields are just that–workers who wish to keep their jobs…
People living in section 8 have done this since the conception of the program… most are liberal and vote for liberals.. So why do you think nobody ever complained before.. In their heads it’s OK to use fraud to get money for heating when it is included in the rent… Here is the logic, if heat wasn’t encluded the rent would be less, so it has become a rent subsidy.., The governor has been cleaning up 40 years of liberalism.
Wrong. And you should retract your statement.
Your premise would be considered ‘double dipping’ and it is simply not allowed. Period.
The ‘gubnah’ has nothing to say about it. It’s the way the program was already designed.
I have a tenant whose has always gotten a check for heating expense, Every years for the last 7 years… The funny part is She does’t pay for any utilities, none whatsoever.. yet she is getting heating funds from penquis.. and you approve… Why not give me money to feed my horse, I don’t own one yet I could use the extra bucks.. Please edit you statement.
I don’t ‘approve’ of any such thing. and I’m not editing one word. What I stated is that you have to be lying because it’s not allowed and they do check.
How would you even know what she gets OR why? Maybe she has to supplement her heat electrically, for medical reasons, because you are too cheap to insulate/weatherproof
or to allow her to adjust it above 60.
Section 8 people with heat included have to apply for Liheap, if they DO NOT thier food stamps are cut back a lot each and every month until they do apply!!
Dwneast–you are wrong on many points. I have worked jobs in Maine services for decades and as sad as it might be, there are no “rose-colored” glasses necessary here…
Nope I have been very good to this tenant and I pay all the utilities.. and I know because she has told me she gets heating assistance.. She uses the money for herself… Sometimes when I’m down at the slots parlor I see her there.
It is NOT allowed, but it is done–quite often and by many. No retraction needed on that point–:)
All the apts. I work on have all utillities include and the tenants joke about how they got 200-300 bucks for liheap while ol’e granny can’t get any hellp. What is this world coming to.
Make them pay leap money back
This is how rumors get started. As with most assistance programs there’s not a ‘one size fits all’ shoe.
Like most agencies, the applications are designed to identify what a persons individual situation is, which information then helps determine what types of assistance they may qualify. Homeowners are not weighed as tenants, and most ‘tenants’ don’t live in group homes. Some have electric, or oil, or gas, or wood, or some combination.
Applications are done every five years – not every year, as I understand it. After an initial application, one may receive a $300, and in subsequent intervals the most a recipient would receive is $5.
In years past, qualifying may also have meant a bump in food stamps, if enrolled in that program.
There’s different criteria being reviewed and just because you ‘know somebody’, doesn’t mean you know anything about how this benefit is being applied to their circumstances.
Some of the guardians don’t even know.
Uh–not true–the 5.00 is another whole story waiting to be told. Applications are done ANNUALLY, but you are correct on the food stamps going up. Trust me, I know this story well, and have emailed responses backing what I say that date back 3 years…LOL This story is 100% accurate JUST as reported.
I wonder if LIHEAP funds heat the Charlotte White Centers “non-profit” or “by donation only with suggested retail prices” greenhouse and Christmas tree projects? Talk about double-dipping!
I wonder if LIHEAP funds are used in heating Charlotte White’s “non-profit” or “by donation with suggested retail prices” greenhouse or Christmas tree project? Talk about double dipping.
Charlotte White and OHI should be investagated legaly and have State and Federal auditors going over thier books. This story is just like stealing from these people.
All these agencies need a full audit. Corrupt and fraud has been out of control for years and no one is watching. For a select few it has been very rewarding, financially. THE CITIZENS HAVE AND STILL ARE, PLEADING WITH THE STATE TO CLEAN UP…….IN THE PAST, IT HAS BEEN POLITICAL FAVORS AND THE GOOD OLE BOY NETWORK THAT HAS PROTECTED THESE PEOPLE AND IT NEEDS TO STOP BUT WILL IT ??????
This whole situation stinks. If she pays for heat in her rent, she shouldn’t get LIHEAP assistance at all. Charlotte White shouldn’t get it either. LIHEAP is just another failed social program that encourages people to not conserve and to not weatherize their homes and make necessary repairs. It survives only because the taxpayers don’t know how to kept the crooks–republicans and dems–from picking our pockets.
“Charles Shaffer, a regional advocate for the Department of Health and Human Services’ Office of Advocacy, said residents of small group homes can do whatever they want with their LIHEAP funds”
Why is anyone getting heating assistance that lives in a group that supplies the heat?
I have worked in a few of the Mom and Pop agencies. Mom and Pop are taking big fancy vacations, have more than one home, and are driving cars that cost $40 to $50 thousand. Yes, they feel justified in taking the clients money. Some of these agancies also send the clients to the food cupboard. I would go to work at noon on a Friday, stay there untill noon on Monday. No, I was not paid for sleeping, according to MOM and POP the state says that they do not have to pay unless you are awake. I have also seen Mom and Pop take the clients fuel assistance money. This is the biggest scam going on in our state. I am glad someone has finally spoken out about this and let the people know what is going on and where their tax dollars are going, Vegas, Mexice, Pota Rico! Anywhere they want to go.
I think this is theft plain and simple… you can say you use it for heat all you want, but collecting twice for one bill?? that’s straight out theft… these organizations should be made to pay back LIHEAP… and redistribute to families that need the assistance…
I did a lot of thinking on this one before commenting. If any landlord includes utilities in the rent, then it is already paid for as soon as the rent is handed over. Nobody would expect a landlord to pass along the heating bill to tenants when the oil or propane bill comes in. The same thing should apply to these tenants. They may have a contract to fork over their social security checks for rent and utilities. But where does their contract say they must also fork over any other income that lawfully comes to these group home tenants? If you or I had a relative in a group home and decided to supplement their monthly $70 pocket money, would we allow the landlord to claim it? Same analogy applies to the LIHEAP checks. I hope these people get back pay for every penny they wrongly were told to fork over. Someone took advantage of the neediest members of society. And that isn’t right.
If this story were not so boring, I would have a comment.