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Food Stamp Asset Test Questioned

AUGUSTA, Maine — Opponents of a plan to test the assets of Mainers seeking food stamp benefits turned out a public hearing in Augusta, urging the Department of Health and Human Services to either alter the plan or abandon it altogether.

The Supplemental Nutrition Assistance Program, or SNAP, is the formal name for the food stamp program that has long provided assistance to low-income Mainers. The state has proposed a new rule that would disqualify food stamp applicants who have more than $5,000 in a bank account or own that amount in assets such as snowmobiles, boats and ATVs.

The test would only apply only to childless adults, and will not take into account assets from a home or primary vehicle.

Prior to the hearing, Gov. Paul LePage told reporters that the rule is being proposed to stop abuse of the system.

"We have limited resources and I am trying to put them to the best use for the state in our safety net," he says. "And believe me there are a lot people who still aren't getting enough services, so those that abuse it shouldn't be getting it."

But Rep. Scott Hamann, a Democrat from South Portland, questions the governor's reasoning, since any money saved would not be the state's to spend on any other programs.

"Since SNAP benefits are paid for completely by the federal government, it begs the question: What state funding do we hope to prioritize?" he says. "There is none."

Hamann says the department should abandon the rule entirely. He put out a statement earlier in the week saying that if the rule does take effect, he will propose legislation to overturn it.

Advocates and social workers also testified against the proposed rule. Virginia Durr is a 76-year-old retired social worker from Bridgton who says it would affect very few people, but require a burdensome amount of paperwork.

"What I am trying to say is the $5,000 asset rule must be rescinded for those in need of food stamps or SNAP," she says. "Not only is it the morally right thing to do to rescind this rule, but less expensive in the long run to the taxpayer."

Jim Devine from Portland, a military veteran, says at one point in his life, when he was facing hard times, he turned to food stamps. He says it's important to allow the working poor to save for a better life, as he did.

"Removing people from food supplement benefits simply because they are doing exactly what they are supposed to be doing to lift themselves out of poverty is just plain wrong," he says. "Instead of implementing asset testing we recommend that DHHS focus on improving their efficiency and timeliness."

Others suggested that the rule should be modified to exempt some groups or set an increased asset limit. They point to the current test used by DHHS for the drugs for the elderly and disabled program, which is set at $50,000, and $75,000 for a couple.

As proposed, the SNAP rule would affect about 8,400 individuals. And several of those testifying were critical of published comments by the Department that the rule would take effect regardless of what was said at the hearing.

But Beth Hamm, director of the Office of Family Independence that conducted the rulemaking hearing, says she will consider making changes.

"When I opened up the hearing I mentioned that all comments will be revived through Oct. 16 and will be considered as we adopt the final rule, as outlined in the APA process," she says.

The Administrative Procedures Act requires an agency to not only consider all comments but to respond to them as well. Failure to follow the process could lead to a legal challenge to any rule that is ultimately issued.

Maine is one of 36 states that currently do not require an asset test to receive food stamps. States are authorized to apply the test under federal law, but Maine has waived that option it since 2010.

Journalist Mal Leary spearheads Maine Public's news coverage of politics and government and is based at the State House.