9 CCR 2503-7-3.758 - PAYMENT POLICIES

3.758.1 (NONE)

3.758.2 (NONE)

3.758.3 CHANGES IN HOUSEHOLD COMPOSITION AFFECTING ISSUANCE OF PAYMENT

3.758.31 Change in Household Circumstances [Rev. eff. 12/1/14]

If, prior to payment, an eligible household's circumstances change, which involves separation or divorce of a marriage or common law arrangement, and the household includes dependent children, the Heating Fuel Assistance Program payment(s) shall be provided to the parent or guardian who resides with and has the responsibility for the care of the dependent children.

If the household does not include dependent children, the Heating Fuel Assistance Program payment(s) shall be paid to the person listed as applicant.

3.758.32 Death of Payee Affecting Issuance of Payment [Rev. eff. 12/1/14]

When the payee for a Heating Fuel Assistance Program benefit dies, any payment to which the payee was entitled shall be kept available according to the following rules:

A. The surviving spouse or other household member shall be entitled to the Heating Fuel Assistance Program payee's benefit provided that the surviving spouse or other household member was included as part of the Heating Fuel Assistance Program payee's household upon Heating Fuel Assistance Program eligibility determination.

C. In the case of a single member household client payment the executor of the estate may claim the payment. If the client payment is not claimed the payment will expunge two hundred seventy-four (274) days. In the case of a single member household vendor payment, the vendor will follow the process outlined in the vendor agreement.

3.758.4 PAYMENT METHODS

3.758.41 Heating Fuel Assistance Program Payment [Rev. eff. 12/1/14]

For an approved household which pays home heating costs directly to a fuel vendor, payment shall be made as a vendor payment, provided a written vendor agreement has been secured. The State Department shall be required to provide vendors servicing their county with an opportunity to sign the state prescribed vendor agreement. County departments/Contractor shall provide vendors with applications, brochures, envelopes, and other outreach material. In cases where a written vendor agreement has not been secured, payment shall be issued directly to the eligible household.

For an approved household that pays home heating costs to a landlord, payment of the Heating Fuel Assistance Program payment shall be made directly to the eligible household. Under no circumstances shall a direct payment be made to a landlord.

3.758.42 - 3.758.45 (None)

3.758.46 Vendor Payment Procedures [Rev. eff. 12/1/14]

A. When a direct vendor payment is made, the county department/Contractor shall be required:

1. To notify each household of the amount and month such assistance is scheduled to be paid on its behalf,

2. To notify the household of the vendor to be paid on the household's behalf,

3. To contact the vendor to explain the vendor payment process, when applicable.

4. To notify each eligible household in writing of the eligible household's responsibilities to continue to pay toward the household's heating costs. Such notification shall advise the household that the Heating Fuel Assistance Program payment is not intended to totally pay a household's heating costs.

If the household has received a notice from the vendor to terminate services or has already had services terminated, the household is responsible to negotiate a payment arrangement with their vendor.

5. To notify the vendor in writing of each household's eligibility and projected payment amount.

B. Prior to any Heating Fuel Assistance Program payment being made directly to a fuel vendor on behalf of an eligible household, the following terms of agreement shall be obtained from the fuel vendor in writing and notice of the same shall be included with the Heating Fuel Assistance Program payment in accordance with a State prescribed form. Any revision or modification of the assurances below, necessitated by unique circumstances, shall be submitted in writing to the State Department for approval prior to execution of the vendor agreement.

C. Refer to the State approved vendor agreement for specific requirements, conditions and procedures. This agreement is available on the Colorado Department of Human Services web site at www.colorado.gov/CDHS/LEAP.

3.758.47 Methodology for Calculating Heating Fuel Assistance Program Benefits [Rev. eff. 11/1/15]

The payment amount for an eligible Heating Fuel Assistance Program household shall be determined in accordance with the following method:

Step A. Determine Estimated Home Heating Costs (EHHC)

The county department/Contractor shall determine estimated home heating costs for November 1st through April 30th for the household's current residence at the time of application. The methodology for calculating estimated home heating costs is outlined below.

The county department/Contractor shall determine the applicant household's estimated home heating costs as follows:

1. An applicant household's estimated home heating cost shall consist of the total actual home heating costs for the primary heating fuel for November 1st through April 30th, of the prior year's heating season. Vendors serving applicant households shall be required to supply actual home heating costs for November 1st through April 30th of the prior year's heating season.

2. For any applicant whose home heating costs for the prior year's heating season are not available or determined by the county department to be invalid, the county department shall use the flat rate amount. The State Department shall adjust the flat rate amounts annually, based on the average actual home heating costs found in the LEAP system by dwelling type for the prior year's heating season contained in the annual LEAP training manual.

3. The State Department shall adjust the standard rates for heating costs that are included in rent annually, based on the flat rate amounts adjustment contained in the annual LEAP training manual.

Step B Initial Statewide Adjustment

The State LEAP office will adjust benefit levels at the beginning of each LEAP program year based upon the projected number of leap applications to be received and the estimated level of funding. Annually, this calculation determines the percentage of the estimated home heating costs (EHHC) of the applicant household to be adjusted.

Step C. Adjustment for Electric Heat

Households using electric heat will have their electric usage costs reduced to the percentage amounts listed below.

HEAT PORTION OF TOTAL ELECTRIC EHHC
House/mobile home	62% for heat
Townhouse / duplex / triplex / fourplex	48% for heat
Apartment, condominium, hotel, Cabin, Tiny Home	43% for heat
RV, 5th wheel, camper	50% for heat

Step D. Adjustment Household Income Contribution

The state department shall reduce the amount the of estimated home heating costs (EHHC) based on the chart below to determine the household income contribution:

LEVEL OF FEDERAL POVERTY LEVEL	EHHC ADJUSTMENT
0 - 75% FPL	0%
76 - 125% FPL	10%
126 - 175% FPL	20%
176% +	30%

STEP D 1

2020 MONTHLY PERCENTAGE OF FEDERAL POVERTY LEVEL (FPL)

HOUSEHOLD SIZE	75% FPL (0% REDUCTION)	125% FPL (10% REDUCTION)	175% FPL (20% REDUCTION)	176% OR HIGHER (30% REDUCTION)
1	797	1,329	1,861
2	1,077	1,796	2,514
3	1,357	2,263	3,168
4	1,637	2,729	3,821
5	1,917	3,196	4,474
6	2,197	3,663	5,128
7	2,477	4,129	5,781
8	2,757	4,596	6,434
EACH ADDITIONAL PERSON	280	466	653

Step E. Adjustment for Shared Living Arrangements

The estimated home heating costs shall be adjusted if the household shares living arrangements with other households but is determined to be a separate household as defined in the "Definitions" section of these rules. If the household shares living arrangements with other households, the estimated home heating cost shall be divided by the number of separate households sharing the living arrangements, whether or not all households sharing the living arrangements are eligible for the Heating Fuel Assistance Program.

Step F. Adjustment for Subsidized Housing Home Heating Allowance

The State Department shall adjust the amount of estimated home heating cost remaining after Step B if the household resides in subsidized housing (as defined in the "Definitions" section of these rules). A flat rate rental cost allowance for heating ($30 per month or $180 per heating season) shall be deducted from the remaining amount of estimated home heating costs. If the household does not live in subsidized housing, the amount remaining after Step B shall be the estimated home heating cost.

Step G. Determine Heating Fuel Assistance Program Amount

The State Department shall determine a benefit amount for each eligible household by subtracting the applicable adjustments listed above, in Steps B-F from the household's estimated home heating costs (EHHC) determined in Step A, 1-3. Any eligible household will receive at least the minimum, up to and including, the maximum benefit amount established by the Department for the LEAP program year.

3.758.48 Adjustments [Rev. eff. 9/1/11]

The State Department will provide the county departments advance written notice of any statewide benefit level adjustments.

Any statewide adjustment to the LEAP benefit level cannot be appealed.

The benefit amount in a prior LEAP program year is not indicative of a current LEAP program year benefit amount and benefit levels may vary from program year to program year depending on funding and the applicant pool.

3.758.49 Forfeiture of Benefit [Eff. 11/1/98]

If the benefit is not properly claimed within the current federal fiscal year for the period of intended use, the household will forfeit the remaining benefit.

Notes

9 CCR 2503-7-3.758

37 CR 21, November 10,2014, effective 12/1/2014 38 CR 19, October 10, 2015, effective 11/1/2015 39 CR 05, March 10, 2016, effective 4/1/2016 39 CR 19, October 10, 2016, effective 11/1/2016 40 CR 19, October 10, 2017, effective 11/1/2017 41 CR 19, October 10, 2018, effective 11/1/2018 42 CR 23, December 10, 2019, effective 12/30/2019 43 CR 11, June 10, 2020, effective 7/1/2020 43 CR 19, October 10, 2020, effective 11/1/2020 44 CR 13, July 10, 2021, effective 7/30/2021 44 CR 19, October 10, 2021, effective 11/1/2021 45 CR 19, October 10, 2022, effective 11/1/2022