To be determined eligible for a Heating Fuel Assistance
Program payment, households must, at time of application, be vulnerable to the
rising costs of home heating, and meet income and other requirements of the
program as defined in these regulations.
The following factors shall be considered as of the date of
application: Colorado state residency, U.S. citizenship/alien status, income,
vulnerability, fuel type, household composition, shared living arrangements,
dwelling type, and estimated home heating costs.
3.752.21
Countable Unearned Income
[Rev. eff. 12/1/14]
Countable unearned income includes but is not limited to the
following, as well as payments from any other source, which is considered to be
a gain or benefit to the applicant or recipient:
A. Inheritance, gifts, and prizes;
B. Dividends and interest paid out or
withdrawn on savings bonds, leases, bank accounts;
C. Proceeds of a life insurance policy to the
extent that they exceed the amount expended by the beneficiary for the purpose
of the insured recipient's last illness or burial that are not covered by other
benefits;
D. Proceeds of a health
insurance policy or personal injury lawsuit to the extent that they exceed the
amount to be expended or required to be expended for medical care;
E. Strike benefits;
F. Income from jointly owned property: - in a
percentage at least equal to the percentage of ownership or, if receiving more
than percentage of ownership, the actual amount received;
G. Lease bonuses (oil or mineral) received by
the lessor as an inducement to lease land for exploration are income in the
month received;
H. Oil or mineral
royalties received by the lessor are income in the month received;
I Supplemental Security Income (SSI) benefits
received by an applicant or recipient shall be considered income in the month
received. When determining income, do not consider cents in the gross benefit
amount.
J. Income derived from
monies (or other property acquired with such monies) received pursuant to the
"Civil Liberties Act of 1988",
P.L.
100-383;
K. Amounts withheld from unearned income
because of a garnishment are countable as unearned income.
L. Public Assistance Income as defined in
3.751.1: Colorado Works, Old Age Pension (OAP); Aid To The Needy Disabled
(AND); Aid To The Blind (AB); Non-Categorical Refugee Assistance (NCRA); Social
Security Disability Insurance (SSDI).
N. Income received from child support and
spousal maintenance payments
3.752.211
Periodic Payments [Eff.
12/1/14]
The following types of periodic payments are among those
included in countable unearned income:
A. Annuities - payments calculated on an
annual basis which are in the nature of returns on prior payments or services;
they may be received from any source;
B. Pension or retirement payments - payments
to an applicant or recipient following retirement from employment; such
payments may be made by a former employer or from any insurance or other public
or private fund;
C. Disability or
survivor's benefits - payment to an applicant or recipient who has suffered
injury or impairment, or, to such applicant's or recipient's dependents or
survivors; such payments may be made by an employer or from any insurance or
other public or private fund;
D.
Worker's compensation payments - payments awarded under federal and state law
to an injured employee or to such employee's dependents; amounts included in
such awards for medical, legal, or related expenses incurred by an applicant or
recipient in connection with such claim are deducted in determining the amount
of countable unearned income.
E.
Veteran compensation and pension - payments based on service in the armed
forces; such payments may be made by the U.S. Veterans Administration, another
country, a state or local government, or other organization. Any portion of a
VA pension that is paid to a veteran for support of a dependent shall be
considered countable unearned income to the dependent rather than the
veteran.
F. Unemployment
compensation - payments in the nature of insurance for which one qualifies by
reason of having been employed and which are financed by contributions made to
a fund during periods of employment;
G. Railroad retirement payments - payments,
such as sick pay, annuities, pensions, and unemployment insurance benefits,
which are paid by the Railroad Retirement Board (RRB) to an applicant or
recipient who is or was a railroad worker, or to such worker's dependents or
survivors;
H. Social Security
Benefits - Old Age (or Retirement), Survivors and Disability Insurance payments
(OASDI or RSDI) made by the Social Security Administration; also included are
special payments at age seventy-two (72) (Prouty benefits) and black lung
benefits. When determining income, do not consider cents in the gross income
amount.
I. Supplemental Security
Income (SSI) - public assistance payments made by the Social Security
Administration to an applicant or recipient sixty five (65) years of age or
older, or who is blind or disabled; such payments are considered in accordance
with requirements specified in the applicable assistance program chapter. When
determining income, do not consider cents in the gross benefit
amount.
K. Trusts - any interest or
trust payments received in the income verification period.
3.752.212
Military Allotment [Eff.
12/1/14]
A military allotment received on behalf of an applicant or
recipient for those individuals included in the budget unit shall be considered
as income in the month received.
3.752.22
Income and Household Size
Criteria [Rev. eff. 11/1/15]
A. All
countable unearned income shall be the countable gross unearned income received
in the income verification period, not to exceed one month's income.
B. For purposes of determining a household's
eligibility, earned ongoing income shall be the countable gross income in any
four (4) weeks of the eight (8) weeks prior to the application date.
C. Determining Monthly Income
If a household member is paid less than monthly, the county
department shall determine gross monthly income by:
1. Weekly/Bi-Weekly Income
a. Weekly Income
Adding four gross weekly income amounts to obtain total
monthly income.
b. Bi-Weekly
Income
Adding two gross bi-weekly income amounts to obtain total
monthly income.
2.
Semi-Monthly Income
Adding two gross semi-monthly income amounts to obtain total
monthly income.
3. Partial
Month Income
a. Terminated Income
If a household member's income is terminated as of the
application date, use actual income received in the income verification
period.
b. Earned New Income
If a household member has a new source of earned income as of
the application date, use income received in the income verification
period.
c.
Unemployment/Other Unearned Income
If a household member has not received his/her first check
from this source of income as of the income verification period, do not count
any income from this source. If the household member has received the income as
of the income verification period, use actual income for the income
verification period.
4. In-kind income is income received in
exchange for employment and shall be considered as earned income whose value is
based on the services rendered. The amount considered as earned income when a
recipient is paid in lieu of cash is the declared value of the item or service
provided.
D. All
applicant households whose countable income for the eligibility period is up to
and including 60 percent (60%) of the state median income level released by the
U.S Department of Health and Human Services for federal fiscal year 2023 shall
meet the income requirements for the heating fuel assistance program. The state
department shall adjust the income limits annually based on funds available and
the state median income guidelines.
The state median income level means the income level for a
household as set forth in 45
C.F.R. §
96.85 (2023) and the Low Income
Home Energy Assistance Program information memorandum-2023-02 (2023), herein
incorporated by reference. This rule does not contain any later amendments or
editions. The regulation and memorandum are from the U.S. Department of Health
and Human Services. The federal regulation is available for no cost at
HTTPS://WWW.ECFR.GOV/. The
memorandum is available for no cost AT
HTTPS://WWW.ACF.HHS.GOV/OCS/POLICY-GUIDANCE/LIHEAP-IM-2023-02-STATE-MEDIAN-INCOME-ESTIMATES-OPTIONAL-USE-FFY-2023-AND.
The federal regulation and memorandum are also available for public inspection
and copying at the Colorado Department of Human Services, Director of the Food
and Energy Assistance Division,1575 Sherman Street, Denver, Colorado, 80203, or
at any state publications library during regular business
hours.
E. Households which
have been denied basic benefits and have had changes in circumstances may
reapply.
3.752.23
Income Exclusions [Rev. eff. 11/1/15]
To determine eligibility for financial assistance and the
amount of the assistance payment, the following shall be exempt from
consideration as either resources or income. Verification is not required in
the case file but must be notated in the Report of Contact (ROC).
A. The value of food assistance and USDA
donated foods;
B. Benefits received
under Title III, Nutrition Program for the Elderly, of the Older Americans
Act;
C. The value of supplemental
food assistance received under the special food services program for children
provided for in the National School Lunch Act and under the Child Nutrition
Act, including benefits received from the special supplemental food program for
Women, Infants and Children (WIC);
D. Home produce utilized for personal
consumption;
E. The value of any
assistance paid with respect to a dwelling unit under:
1. The United States Housing Act of
1937;
2. The National Housing
Act;
3. Section 101 of the Housing
and Urban Development Act of 1965;
4. Title V of the Housing Act of 1949;
or,
5. Section 202(h) of the
Housing Act of 1959.
F.
Payments to volunteers serving as foster grandparents, senior health aides, or
senior companions, and to persons serving in the Service Corps of Retired
Executives (score) and Active Corps of Executives (ace), AmeriCorps and any
other program under Title I (Vista) when the value of all such payments
adjusted to reflect the number of hours such volunteers are serving is not
equivalent to or greater than the minimum wage, and Title II and III of the
Domestic Volunteer Services Act;
G.
Compensation received by the applicant or recipient pursuant to the Colorado
Crime Victims Compensation Act shall not be considered as income, property, or
support available to the applicant or recipient. This is compensation paid to
innocent victims or dependents of victims of criminal acts who suffer bodily
injury;
H. Monies received pursuant
to the Civil Liberties Act of 1988;
I. Any payment made from the Agent Orange
Settlement Fund;
J. The value of
any commercial transportation ticket, for travel by an applicant or recipient
(or spouse) among the fifty (50) states, the District of Columbia, the
Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa, and the
northern Mariana Islands, which is received as a gift by such applicant or
recipient (or such spouse) and is not converted to cash;
K. Reparation payments made under Germany's
law for compensation of national socialist persecution (German Restitution
Act);
L. Any money received from
the Radiation Exposure Compensation Trust Fund;
M. Reparation payments made under Sections
500 through 506 of the Austrian General Social Insurance Act;
N. Payments to applicants or recipients
because of their status as victims of Nazi persecution;
O. Income paid to children of Vietnam
veterans who were born with spina bifida;
P. All financial aid monies, including
educational loans, scholarships, and grants, including work study;
Q. Earned income of children under the age of
eighteen (18) who are residing with a parent or guardian;
R. Reimbursement received for expenses
incurred in connection with employment from an employer;
S. Reimbursement for past or future expenses,
to the extent they do not exceed actual expenses, and do not represent gain or
benefit to the household;
T.
Payments made on behalf of the household directly to others;
U. Payment received as foster care income;
foster care individuals are not considered LEAP household members;
V. Any home care allowance or Attendant
Support Allowance Care, if paid to a non-household member;
W. State/county diversion payments;
X. Reverse mortgages;
Y. Subsidized housing utility
allowances;
Z. G.I. Bill
educational allowances, including housing and food allowances;
AA. A one-time resettlement grant received
under the refugee admissions program.
BB. A bona fide loan is a debt that the
borrower has an obligation to repay and expresses his or her intention to
repay, as documented in a written agreement or by collateral contact from the
lender;
CC. Funds received by
persons fifty five (55) years of age and older under the Senior Community
Service Employment Program (SCSEP) under Title V of the Older Americans
Act;
DD. Income that is deemed
necessary for the fulfillment of a Plan for Achieving Self-Support (PASS) under
Title XVI of the Social Security Act.
EE. Money received in the form of
non-recurring lump sum payments for income tax refunds, rebates, or credits;
retroactive lump-sum social security, SSI, and public assistance
payments.
FF. Supportive Services
income received under the Colorado Works Program.
Gg. Money obtained from the liquidation of
personal resources.
HH. Any
recurring or non-recurring health insurance subsidies paid directly to an
employee by an employer to assist with the purchase of private health
insurance.
3.752.25
Vulnerability [Rev. eff. 11/1/15]
A. A household shall be vulnerable in order
to qualify for Heating Fuel Assistance Program benefits. Vulnerability shall
mean the household must be responsible for the costs of home heating as defined
below:
1. The household is paying home heating
costs directly to a vendor and is subject to home heating cost
increases.
2. The household is
living in non-subsidized housing and is paying home heating costs either in the
form of rent or as a separate charge in addition to rent.
3. The household resides in subsidized
housing as defined in the "Definitions" Section of these rules; and, 1) the
unit has an individual meter which identifies specific heating usage of that
unit and the household is subject to increased cost for home heating, or 2) the
tenant is subject to a heating surcharge assessed by means other than an
individual meter. Such surcharges may include percentage fees assessed to the
tenant for home heating. Excess utility charges are to be specific to home
heating and verified by the County Department/Contractor. Under no
circumstances shall rental costs be assumed to be subject to change due to an
increase in home heating costs unless otherwise verified by the county
department/Contractor.
4. The
applicant household in a residence where more than one household resides shall
be considered vulnerable if the applicant household contributes toward the
total expenses of the residence. These expenses include, but are not limited
to, shelter and utilities.
5. The
applicant household must live in a traditional dwelling.
6. Any applicant who shares a primary fuel,
such as a shared natural gas meter, electric meter or propane tank, will be
considered a shared household and the Estimated Home Heating Cost (EHHC) will
be divided by the number of parties responsible for paying the shared heat
expense.
B. Households
in the following living arrangements shall not be considered to be vulnerable:
1. Institutional group care facilities,
public or private, such as nursing homes, foster care homes, group homes,
substance abuse treatment centers, or other such living arrangements where the
provider is liable for the costs of shelter and home heating, in part or in
full, on behalf of such individuals;
2. Room and board, bed and
breakfast;
3. Correctional
facilities;
4. Dormitory,
fraternity or sorority house;
5.
Subsidized housing as defined in the "Definitions" section of these rules which
does not have an individual check meter for heat for each unit or which cannot
provide other evidence of responsibility for paying home heating
surcharges;
6. Any applicant, or
applicant household who is considered homeless or resides in non-traditional
dwellings;
7. Commercial accounts
or commercial properties that also serve as the client's dwelling;
8. Hotels, unless proof that the household
has lived or will live in the hotel continuously for thirty (30) calendar days
at the time of application and that heat is included in rent. Proof may be
shown by providing a monthly statement, billing statement or receipt indicating
the monthly arrangement.
C. Landlords or other providers of shelter
shall not be considered to be vulnerable unless they meet the definition of
household and the eligibility requirements of the Heating Fuel Assistance
Program.
D. Vulnerability shall be
verified for all applicant households as defined in these rules.
3.752.26
Mandatory
Weatherization [Rev. eff. 12/1/14]
Households approved to receive a LEAP benefit must agree to
have their dwelling weatherized if contacted by a state-authorized
weatherization agency. Failure to permit or complete weatherization may result
in denial of LEAP benefits for the following year.
A. Exemptions
1. Households containing a member(s) whose
mental or physical health could be exacerbated by weatherization shall be
exempt.
2. A household whose
landlord refuses to allow weatherization shall not have benefits
denied.
3. The local weatherization
agency shall fully document the circumstances permitting the
exemption.
B. Households
Who Refuse Weatherization
1. Households who
refuse or terminate weatherization before completion shall not be approved for
LEAP benefits for the following year and a LEAP denial hold shall be placed on
the household at that address by the State LEAP office. The hold can only be
removed by the State LEAP office.
2. If the household has moved to another
address that has been weatherized, the household may be approved for a LEAP
benefit if otherwise eligible. If the new dwelling is not already weatherized,
weatherization must be completed before approved for LEAP.
3. If a denied household subsequently allows
the dwelling to be weatherized or weatherization completed, the household must
reapply and, as long as other eligibility criteria are met, may be approved for
LEAP benefits after notification from the local weatherization agency that the
weatherization is completed.
C. State Weatherization Office
Responsibilities
1. Assure that standards, as
delineated in Sections A and B above are applied uniformly and
equitably.
2. Notify the state LEAP
office by September 30th of all households who refuse weatherization.
3. Notify households who refuse
weatherization, by first-class mail that their refusal may result in denial of
LEAP benefits for the following year.
4. Weatherization shall be completed as soon
as possible on dwellings where the household previously refused or didn't
complete weatherization and subsequently allows the dwelling to be
weatherized.
3.752.27
Mandatory Crisis Intervention
Program (CIP) Inspection [Eff. 12/1/14]
Households that received assistance from the Crisis
Intervention Program (CIP) must agree to have an inspection of the work
performed, to ensure that the equipment is safe, when contacted by a
state-authorized agency. Failure to permit the inspection may result in denial
of leap benefits for the following year.
A. Exemptions
1. Households containing a member(s) whose
mental health concerns could be exacerbated by presence of the inspector shall
be exempt.
2. A household whose
landlord refuses to allow the inspector in the property shall not have benefits
denied.
B. Households Who
Refuse CIP Inspection
1. Households who refuse
to allow the inspection shall not be approved for LEAP benefits for the
following year and a LEAP denial hold shall be placed on the household at that
address by the state LEAP office. The hold can only be removed by the state
LEAP office.
2. If the household
has moved to another address, the household may be approved for a LEAP benefit
if otherwise eligible.
3. If a
denied household subsequently allows the dwelling to be inspected, the
household must reapply and, as long as other eligibility criteria are met, may
be approved for LEAP benefits after notification from the inspecting agency
that the inspection is completed.
C. State CIP Contractor's Responsibilities
The state contractor will:
1. Assure that
standards, as delineated in Sections A and B, above, are applied uniformly and
equitably.
2. Notify the state LEAP
office by September 30th of each year of all households that refuse
inspection.
3. Notify households
that refuse inspection that their refusal may result in denial of LEAP benefits
for the following year.
