Fla. Admin. Code Ann. R. 73C-26.023 - Client Eligibility and Appeals Process
(1) Client eligibility will be determined
based on the requirements of the Act and rule chapter 73C-26, F.A.C.
(2) The household must reside in Florida at
the time of application.
(3) A
household must apply for assistance from the LIHEAP Subrecipient which is
designated to provide services in the county in which the household is located
at the time of application.
(4) The
applicant is not eligible for assistance if home energy costs are totally
included in the rent and the applicant has no obligation to pay any portion of
the energy costs.
(5) The following
income factors shall be used to calculate client eligibility:
(a) The gross income of all household members
is added together to determine eligibility and the level of
assistance;
(b) Medicare premiums
paid or deducted from Social Security and Railroad Retirement benefits are
included in the gross income;
(c)
All income received during the twelve-month period prior to the month of
application must be verified. If verified income is not available for the
entire twelve month period before the month of application, then a shorter
period may be used to project estimated annual income. The income amount used
must reflect the current economic status of the applicant;
(d) Annual income limits by household size
shall be 150 percent of the federally established poverty income guidelines
adjusted annually as published in the Federal Register;
(e) Within 30 days of the publication of the
federal poverty income guidelines, DEO will send notice of the revised income
limits and their effective date to all Subrecipients;
(f) Any applicant who reports income of less
than 50 percent of the current poverty income guidelines and does not receive
food stamps must explain how basic living expenses are being
provided;
(g) If an applicant fails
to provide a reasonable explanation of how the household's basic needs are or
were met during the two months prior to application, the applicant will be
denied services; and,
(h) If an
applicant cannot document household income and does not receive food stamps,
the Subrecipient shall accept a signed self-declaration of income statement
that adequately explains exceptional circumstances and gives the amount of
their income.
(6)
Priority will be given to those applicants with the "highest home energy needs
and lowest household income." This will be determined by taking into account
both the energy burden as defined in 42
U.S.C. 8622(2) and the
unique situation of a household that results from having members of vulnerable
populations, including children 5 years and younger, the disabled, and frail
older individuals.
(7) The
following types of households/individuals will not be eligible to receive
assistance from this program:
(a) A student
living in a dormitory; and,
(b) A
resident of a group living facility or a member of a private home whose cost of
residence is at least partially paid through any foster care or residential
program administered by the State.
(8) Determination of eligibility will be made
without discrimination as to race, color, sex, age, handicap, religion,
national origin or political belief.
(9) Notice of whether an applicant is
eligible to receive assistance must be sent to the applicant by first class
mail or hand delivery.
(a) If the applicant is
eligible, the notice will state the amount of the LIHEAP benefit payment and
name of the utility vendor.
(b) Any
Applicant denied LIHEAP services must be provided a written notice of the
denial. At a minimum, the written Notice of Denial and Appeals shall contain
the reason for the denial; under what circumstances the client may reapply;
what information or documentation is needed for the person to reapply; and the
name, telephone number and address to whom the re-application or appeal must be
sent.
(10) Subgrantees
are required to have written applicant appeal procedures which satisfy the
requirements of 42 U.S.C. ยง
8624(b)(13). Appeal
provisions must be posted in a prominent place in the office visible to all
applicants.
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