2005 Maine Code - §505 — Aid to veterans and their dependents


      1. Financial assistance.[2001, c. 439, Pt. QQ, §1 (rp).]
      1-A. Financial assistance. Financial assistance may be granted as follows.
   
A. The bureau may provide a grant of temporary assistance not to exceed $200 per month and not to exceed $600 in any 12-month period to a veteran in this State who has filed a valid claim for a veteran's pension, pending notification of the award of such a pension, if that veteran is not incarcerated and requests such assistance. For purposes of this paragraph, "claim for a veteran's pension" means a claim filed with the federal Veterans' Administration pursuant to 38 United States Code, Chapter 15. [2001, c. 439, Pt. QQ, §2 (new).]    
B. The bureau may provide a grant of emergency assistance not to exceed $500 to a veteran who suffers an emergency, such as the loss of that veteran's home to fire, flood or hurricane, that is not fully compensable by insurance; illness or the illness of an immediate family member; or a similar emergency. No more than $1,000 in emergency assistance may be provided to a veteran in any 12-month period. For the purposes of this paragraph, "veteran" has the same meaning as "eligible veteran" in section 504, subsection 4, paragraph A-1. [2001, c. 439, Pt. QQ, §2 (new).]    
C. A veteran who requests either temporary assistance under paragraph A or emergency assistance under paragraph B and is denied such assistance may request a reconsideration and review of this decision by the director. The decision of the director is final and may not be appealed to a court. [2001, c. 439, Pt. QQ, §2 (new).]    
D. The department may adopt rules to implement this subsection. Rules adopted pursuant to this paragraph are major substantive rules as defined in Title 5, chapter 375, subchapter II-A. [2001, c. 439, Pt. QQ, §2 (new).] [2001, c. 439, Pt. QQ, §2 (new).]
      2. Educational benefits. Educational benefits are granted as follows.
   
A. As used in this subsection, unless the context otherwise indicates, the following terms have the following meanings.    
(1) "Child" means a child whose mother or father is or was a veteran and the child:  
(a) Is at least 16 years of age;  
(b) Has graduated from high school; and  
(c) Enrolled in a degree program prior to turning 22 years of age and is not over 25 years of age at the time of application for a benefit under this subsection. If the child is unable to enroll in a degree program prior to turning 22 years of age due to service in the United States Armed Forces, then the child may apply to begin this benefit until reaching 26 years of age. Other requirements must be met as described in paragraph F.
"Child" also means a stepchild who is a member of a veteran's household either at the time of application or, in the event of the veteran's death, at the time of death, and who continues as a member of the household after the death of the veteran.  
(2) "Spouse" means the person currently legally married to a living veteran or the widow or widower of a deceased veteran, not previously divorced from that veteran.  
(3) "Veteran" means any person who served in the military or naval forces of the United States and entered the service from this State or resided in this State for 5 years immediately preceding application for aid and, if living, continues to reside in this State and who:  
(a) Has a total permanent disability resulting from a service-connected disability as a result of service;  
(b) Was killed in action;  
(c) Died from a service-connected disability as a result of service;  
(d) At the time of death was totally and permanently disabled due to service-connected disability, but whose death was not related to the service-connected disability; or  
(e) Is a member of the Armed Forces on active duty who has been listed for more than 90 days as missing in action, captured or forcibly detained or interned in the line of duty by a foreign government or power.
The continuous residency requirement of this subparagraph does not apply to a person who is receiving educational benefits under this chapter on or before January 1, 2006. [2005, c. 273, §2 (amd).]    
B. [2001, c. 662, §66 (rp).]    
C. [2001, c. 662, §66 (rp).]    
D. [2001, c. 662, §66 (rp).]    
E. Spouses of veterans who are attending state-supported postsecondary vocational schools or institutions of collegiate grade must be admitted free of tuition including mandatory fees and lab fees for associate's, bachelor's and master's degree programs. Room and board may not be waived. [2001, c. 662, §66 (new).]    
F. A child of a veteran who is attending state-supported postsecondary vocational schools or institutions of collegiate grade must be admitted free of tuition including mandatory fees and lab fees for associate's and bachelor's programs. The tuition waiver provided under this paragraph may be reduced by an amount necessary to ensure that the value of this waiver, combined with all other grants and benefits received by the student, does not exceed the total cost of education. Room and board may not be waived. A child of a veteran has 6 academic years from the date of first entrance to complete 8 semesters. The director may waive the limit of 6 consecutive academic years when the recipient's education has been interrupted by severe medical disability or illness making continued attendance impossible. [2001, c. 662, §66 (new).]    
G. The director shall estimate the number of students anticipated that will use this program and provide the estimate to state institutions upon request. [2001, c. 662, §66 (new).] [2005, c. 273, §2 (amd).]
      3. Fraud. Whoever knowingly makes a false statement, oral or written, relating to a material fact in support of application for aid under this section is guilty of a violation of Title 17-A, section 353.[1983, c. 460, §3 (new).]
      4. Vietnam and atomic veterans.[2001, c. 662, §67 (rp).]
      5. Public assistance designation. Assistance granted to veterans or their dependents pursuant to this section is designated public assistance for the purposes of providing public assistance within the meaning of Title 22, section 9-A. The department retains administrative responsibility for assistance granted under this section.[2001, c. 439, Pt. UU, §2 (new).]

Section History:

PL 1983,  Ch. 460,   §3 (NEW).
PL 1989,  Ch. 502,   §A140 (AMD).
PL 1989,  Ch. 547,   §2 (AMD).
PL 1991,  Ch. 555,   §1 (AMD).
PL 1991,  Ch. 626,   §16-18 (AMD).
PL 1993,  Ch. 273,   §2 (AMD).
PL 1993,  Ch. 427,   §9 (AMD).
PL 1993,  Ch. 694,   §8 (AMD).
PL 1997,  Ch. 455,   §25-27 (AMD).
PL 2001,  Ch. 439,   §QQ1,2,UU2 (AMD).
PL 2001,  Ch. 662,   §66,67 (AMD).
PL 2005,  Ch. 273,   §2 (AMD).

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