PURPOSE: The department is amending this regulation by
updating the language to ensure consistency with updates in the LIHEAP Policy
and Procedures Manual. The amendment adds section (1), defining the scope of
the amendment, section (2) adds new terms and definitions to the regulation,
and section (3) establishes funding for LIHEAP by adding clarifying language.
Section (6) updates the language of the general eligibility requirements for
LIHEAP, while the addition of sections (7) and (8) reorganizes and clarifies
conditions that will render households ineligible for LIHEAP and individuals
ineligible for consideration in a LIHEAP household. The new sections (9), (
10), ( 11), (12), and (13) establish the procedures for how LIHEAP is
implemented and clarifies how funds may be used. Section (14) provides the
payment amounts for Energy Assistance (EA) as well as a chart for the payment
ranges based on household size, income range, and fuel source.
PURPOSE: This rule establishes the basic policies and
procedures to determine eligibility and amount of benefits to be paid under
Missouri's Utilicare and Low Income Home Energy Assistance Program
(collectively known as "LIHEAP"). This program is designed to assist certain
eligible, low income partial payment of their winter home heating costs
individuals, particularly those with the lowest income who pay a high
proportion of household income for home energy, in meeting their immediate
energy needs.
(1) Scope: This rule
establishes procedures for the implementation of the Low Income Home Energy
Assistance Program and Utilicare, collectively referred to in this rule as
"LIHEAP". This rule establishes the requirements governing the eligibility of
households under the program, pursuant to 42 U.S.C. sections
8621-
8630 and
sections 660.100-660.136, RSMo.
(1)
(2) Definitions:
(A) Available resources will be
defined as cash holdings in banks, savings and loan companies, credit unions,
mutual funds, stocks and bonds, money market accounts, annuities, individual
retirement accounts, Keogh accounts and deferred compensation
plans.
(A) "Applicant" shall
be defined as the individual whose signature, or whose signature as written by
the individual's guardian/conservator or power of attorney, is on the
application.
(B) "Crisis" shall be
defined as any of the following:
1. The
receipt of a termination or disconnect notice indicating a specific disconnect
date;
2. The issuance of a final
billing statement advising the account has been terminated;
3. A situation in which a propane tank is
filled at less than twenty-percent (20%) capacity;
4. A situation in which the customer is a
cash on delivery (COD) customer; or
5. A situation in which a pre-paid electric
customer indicates their pre-paid usage is about to run out.
(B)
(C) "Disabled" shall be defined as an individual who
is totally and permanently disabled or blind and is receiving one (1) or more
of the following: Civil Service Disability, Medical Assistance, Railroad
Retirement Disability Benefits, Social Security Disability Benefits, State Aid
to the Blind, State Blind Pension, State Supplemental Payments, Supplemental
Security Income Program, or Veterans Administration Disability Benefits.
(C) Head of household will be
defined as the individual whose name appears on the fuel bill and who is
financially responsible for payment of the home heating costs.
(D) Home energy heat will be
defined as electricity, fuel oil, natural gas, propane (tank or cylinder), wood
or coal used as the source for heating a residential home.
(D) "Elderly" shall be defined as
sixty-five (65) years of age or older to receive the LIHEAP income deduction,
as established in section (3) of this rule, and sixty (60) years of age or
older for federal reporting purposes, as required under
45 CFR section
96.82.
(E) "Fuel source" shall be defined as the
fuel consumed in the operation of an appliance manufactured and used for the
purpose of heating or cooling a household.
(E)
(F) "Home energy
supplier" shall be defined as a public or private business engaged in the
retail sale of home heating and cooling fuel , including public or private
investor owned utilities, municipally owned utilities, rural electric
cooperatives, and privately owned distributorships.
(F)
(G) "Household" shall
be defined as an individual(s) living in private living quarters (a space with
a private entrance) for which residential heat is purchased in
common.
(H) "Income" shall be
defined as monthly revenue obtained that is either earned or
unearned.
(G)
(I) A "landlord household" shall be defined as a
household in which the landlord sends the household a separate bill to cover
the heating and cooling costs. Landlord households may receive both Energy
Assistance (EA) and Energy Crisis Intervention Program (ECIP)
benefits.
(J) "LIHEAP fiscal year"
shall be defined as the federal fiscal year, October 1-September 30.
(K) "Live-in-attendant" shall be defined as
an individual living in the household who receives wages to provide
medical/child care and who is not responsible for any household expenses. A
relative, as defined in this rule, cannot be considered a
live-in-attendant.
(L)
"Roomer/boarder" shall be defined as an individual who pays a household for
lodging and/or food expenses only, and who is not responsible for any other
household expenses. A relative, as defined in this rule, cannot be considered a
roomer/boarder.
(H)
(M) A "renter household" shall be defined as a
household in which heating and/or cooling costs are included in the rent.
Renter households may receive EA benefits, but cannot receive ECIP
benefits.
(N) "Resources" shall be
defined as any assets that are available to an individual, including, but not
limited to, annuities, bonds, certificates of deposit, deposits in banks,
savings and loan companies, credit unions, and other financial institutions,
individual retirement accounts, Keogh's and deferred compensation plans, money
markets, mutual funds, and stocks. Resources will be considered available
unless documented by the institution holding the resources that they are
restricted or inaccessible.
(O)
"Participating home energy suppliers" shall be defined as suppliers that sign
an agreement with the department.
(P) "Account" shall be defined as a customer
account established with a home energy supplier for residential heating and
cooling.
(Q) "Relative" shall be
defined as an individual who is related to the household member as father,
mother, son, daughter, brother, sister, uncle, aunt, first cousin, nephew,
niece, husband, wife, father-in-law, daughter-in-law, brother-in-law,
sister-in-law, stepfather, stepson, stepdaughter, stepbrother, half-brother, or
half-sister.
(R) "Address of
record" shall be defined as the most recent mailing address that the
applicant/participant provided to the division.
(2)
(3)
Federal funds, pursuant to 42 U.S.C. sections
8621-
8630, and state funds,
pursuant to RSMo 660.100-660.136, may be expended for-
(A) Energy Assistance (EA), which provides a
direct one (1) time lump sum payment of utility costs incurred for home heating
by qualified Missouri residents continuing so long as funds remain available
for this purpose. EA may include additional supplemental payments as determined
necessary by the department; or
(B)
The Energy Crisis Intervention Program (ECIP), which provides direct payment of
utility costs incurred for home heating and cooling by qualified Missouri
residents experiencing a crisis, as defined in this rule, so long as funds
remain available for this purpose.
(3) Primary eligibility
requirements for this program are as follows:
(A) Each household member must be
a citizen of the United States or an alien admitted to the United States for
permanent resident status and a current resident of Missouri;
(B) Each household's available
resources may not exceed three thousand dollars ($3,000). Households determined
ineligible due to excess resources will remain ineligible for the remainder of
that program year;
(C) Each head of household or
spouse must establish that s/he has a fuel account in his/her name or meet the
definition of a renter or landlord situation and is incurring costs from a home
energy heat source; and
(D) Each household must have a
monthly income no greater than the specific amounts based on household size as
set forth in the Low Income Home Energy Assistance Program (LIHEAP) Income
Ranges Chart. If the household size and composition of a LIHEAP applicant
household can be matched against an active food stamp case reflecting the same
household size and composition, monthly income for LIHEAP will be established
by using the monthly income documented in the household's food stamp
file.
(4) Household members meeting any
of the following conditions will not be eligible to receive LIHEAP
benefits:
(A) Individuals residing in adult
boarding facilities, intermediate care facilities, residential care facilities
or skilled nursing facilities who do not pay a home energy supplier directly
for their heating costs;
(B) Individuals residing in
hotels, motels, dormitories or temporary shelters who do not pay a home energy
supplier directly for their heating costs;
(C) Individuals not considered as
household members. This will include roomers, boarders, live-in attendants and
students or military personnel that are not actually residing in the
home;
(D) Individuals living in
government subsidized housing, unless they are paying a home energy supplier
directly for their home heating costs or are billed for any out-of-pocket
heating costs by the landlord or housing authority;
(E) Individuals that have been
approved in a prior energy assistance case or individuals moving into a
household that has previously received energy assistance in the current year at
the same address;
(F) Individuals that use kerosene
or cut their own wood for the purpose of heating their home;
(G) Individuals not living in the
home for which they are applying for energy assistance benefits, but do
continue to pay a home energy supplier for heating that home, will not be
eligible to receive energy assistance benefits on the unoccupied
residence;
(H) Individuals that reside
outside Missouri. This does not include a household that has a mailing address
of a surrounding state but actually resides in Missouri;
(I) Individuals in transitional
living situations;
(J) Individuals that are not
citizens of the United States or permanent resident aliens; and
(K) Individuals who have a credit
balance with their fuel supplier in excess of five hundred dollars
($500).
(5) LIHEAP payments will be made
in either one (1)-time line-of-credit payments to a participating home energy
supplier or a one (1)-time direct cash payment to the eligible household based
on their household size, income, heat source and geographic location as set
forth in the Payment Levels Chart for Northern and Southern Missouri. If the
household meets the definition of a renter household, they will receive a one
(1)-time direct cash payment equal to eight percent (8%) of their annual rent
not to exceed the maximum payment level for their particular heat source,
household size and income.
(6) The Division of Family
Services will recover outstanding energy assistance overpayments made in prior
years' programs by deducting the overpayment from the current year's energy
assistance benefit payment.
(7) One (1) energy assistance card
will be sent to each household applying for benefits under LIHEAP which will
notify the individual of his/her eligibility status and the right to request a
fair hearing.
(8) No funds for services included
in this program shall be expended until a specific appropriation for this
purpose has been made.
(4) Not more than one (1) LIHEAP qualified EA
benefit will be paid for each qualified individual eligible household, with the
exception of a possible additional supplemental payment, during any LIHEAP
fiscal year.
(A) Only one (1) individual on a
multiple named fuel bill account will be eligible to receive LIHEAP
benefits.
(B) If the fuel bill
account is in the name of an individual under the age of eighteen (18) and
there is another household member that is age eighteen (18) or older, the
account name must be changed to an adult household member's name. If the oldest
individual in the household is under the age of eighteen (18), that individual
may be considered the account holder only with division approval.
(5) ECIP benefits must not exceed
the amount needed to resolve the energy crisis, up to the maximum amount of
eight hundred dollars ($800) for winter assistance for the months of November
through May, and three hundred dollars ($300) for summer assistance for the
months of June through September, so long as funds remain available for this
purpose.
(6) LIHEAP qualified
households must meet all of the following criteria to be eligible for benefits
under the program:
(A) All household members
must be a citizen of the United States or be a legal permanent resident
admitted to the United States for permanent residence status and a current
resident of Missouri;
(B) Each
household's resources may not exceed three thousand dollars ($3,000);
(C) Each household must establish that they
have an account in their name or meet the definition of a renter/landlord
household, pursuant to this rule, and are incurring heating/cooling costs;
and
(D) Each household must meet
the specified income guidelines based on their household size, as established
in section (14) of this rule.
1. Households
with applicants or their spouses who are elderly or disabled shall be entitled
to a one hundred dollar-($100-) deduction for medical expenses when determining
income eligibility;
(E)
All ineligible and eligible LIHEAP applicants will receive written notification
by mail to the address of record. Applicants may choose to receive notification
by electronic mail or text message, if the division has established a policy
that gives applicants and/or participants this option. The notification shall
advise them of their right to request a fair hearing regarding the decision
made on their application. LIHEAP applicants can request a hearing for denial
of their application, a lack of timeliness, or as otherwise provided for in
section
208.080,
RSMo.
(7) A household
meeting any of the following conditions will not be eligible to receive LIHEAP
benefits:
(A) A household that is located
outside the State of Missouri. This does not include a household that has a
mailing address of another state, but that is physically located in
Missouri;
(B) A household which
resides in a professional, practical, or domiciliary nursing or boarding home
and does not pay a home energy supplier or landlord directly for
heating/cooling costs;
(C) A
household which resides in a hotel, motel, dormitory, or temporary shelter, and
does not pay a home energy supplier or landlord directly for heating/cooling
costs;
(D) A household which
resides in government subsidized housing, unless they are paying a home energy
supplier or are billed by the landlord/housing authority for any out-of-pocket
heating/cooling costs;
(E) A
household in a transitional living situation that has its heating/cooling paid
for by the Department of Mental Health;
(F) A household that has a credit balance
with its fuel supplier that is in excess of five-hundred dollars ($500), with
the exception of households who pre-pay for their fuel;
(G) A household that cuts its own wood, when
wood is the household's primary source of heating; and
(H) A household residing in a recreational
vehicle (RV), travel trailer, tent, shed, or other dwelling residing at the
same address as, and sharing the same meter or source of power with, a
household that has already received EA in the current LIHEAP fiscal year. (One
(1) Meter + One (1) Bill= One (1) Household).
(8) Individuals meeting any of the following
conditions shall not be included in a LIHEAP household:
(A) Individuals that are not citizens of the
United States or a legal permanent resident;
(B) Individuals that are not living in the
home at the time of application, unless the individual(s) was temporarily out
of their home due to service termination;
(C) Individuals that are
incarcerated;
(D) Individuals
defined as roomers, boarders, or live-in-atten-dants;
(E) Deceased individuals, unless determined
eligible prior to their date of death, and surviving household members exist;
and
(F) Individuals that have been
approved in a Missouri EA case or individuals moving into a household that has
previously received EA in the current LIHEAP fiscal year at the same address.
Eligibility will not be affected for individuals who have received LIHEAP
benefits from another state in the same program year. Individuals that have
been approved for EA in another household but require a new application due to
change in address or supplier, may be eligible for ECIP only benefits as long
as all other LIHEAP eligibility requirements have been met.
(9) Applicants shall use form EA-1
to apply for LIHEAP benefits. General application procedures for programs
administered by the division are found in
13 CSR
40-2.010. For anything in this rule conflicting with
the general application procedures in
13 CSR
40-2.010, this regulation controls for the application
procedures for LIHEAP.
(A) The application
form for LIHEAP benefits may be obtained by contacting the division or by
accessing the department website (
www.dss.mo.gov).
(B) The applicant shall provide and attest to
the following information when making an application for LIHEAP benefits:
1. Applicant's contact information, including
a home address and a mailing address, if different from the home
address;
2. Applicant's and all
other household member's identifying information, including name, Social
Security number, date of birth, relationship to applicant, and citizenship
status;
3. Utility and household
information, including whether or not the applicant owns or plans on buying
his/her home, whether or not the home has been weatherized by the local
weatherization program, whether or not the home is all electric, the
primary/main form of energy and secondary/other form of energy, if any, used to
heat the home, and energy supplier information including supplier name, city,
name on the account, and account number;
4. Landlord information, if applicable,
including whether the applicant has an account with an energy supplier in
his/her landlord's name and is billed by the landlord, whether or not the
applicant lives in subsidized housing and the heating and cooling costs are
included in the rent, and the landlord's name, address, and phone
number;
5. For each household
member that received income from a job in the calendar month preceding the
month in which the application is submitted to the division, include the
member's name, employer name and address, how often the individual is paid,
gross pay, current employment status, and provide all income documentation for
that month on everyone in the household that works. This documentation
includes, but is not limited to, wages (regular pay), vacation, sick leave,
bonuses, and tips;
6. If anyone in
the household receives income from self-employment, the applicant must provide
a copy of the most recent Federal Income Tax Form 1040, and any accompanying
schedules and other relevant forms, for each household member who is
self-employed;
7. If anyone in the
household pays court ordered Child Support, provide the amount paid in the last
month and the eight- (8-) digit Child Support Case Number;
8. Any and all income received by any
household member from sources other than a job or business, including the
amount received and how often; and
9. Any and all resources, as defined in this
rule.
(C) By submitting
information to the division, an applicant or household member is certifying
that the information is true, accurate, and complete.
(D) Applicants must provide additional
application documentation as requested by the division, pursuant to Chapter
208, RSMo.
(E) The division will
begin accepting applications on October 1, and processing applications on
November 1, for households that include members who are elderly or disabled, as
defined in this rule. The division will begin accepting all other household
applications on November 1, and will begin processing those applications
starting on December 1. If an acceptance or processing date falls on a weekend
or holiday, the division will begin accepting/processing applications on the
following work day.
(F) The
applicant and anyone acting on their behalf have a continuing obligation to
notify the division if any information specified in the application changes
within ten (10) days of the change. Failure to do so may result in an adverse
effect on the account, including, but not limited to, termination of LIHEAP
benefits.
(G) Any notices will be
sent to the address of record, and service by first class mail to the last
known address of record in the department's system shall be good service for
all notices for all purposes.
(10) Amounts paid by the department above the
amount that the household was eligible to receive shall be an overpayment and
may be collected as a debt due the state.
(11) In addition to any remedies authorized
by law, the division may recover outstanding EA overpayments made in a prior
year's programs by deducting the overpayment from the current year's EA benefit
payment.
(12) Any LIHEAP eligible
household whose home energy supplier does not participate in the program, or
declines to provide service to the household, qualifies for a direct LIHEAP EA
payment, to be paid to the applicant in an amount as determined under section
(14) of this rule.
(13) A LIHEAP
eligible renter household whose home heating costs are included as a part of
their regular monthly rental charge will receive a one- (1-) time Energy
Assistance (EA) direct cash payment equal to no more than eight percent (8%) of
their annual rental charge not to exceed the maximum EA benefit
payment.
(14) EA payments are
determined by household size, income range, and fuel source, using metrics
established by the division. Monthly Income Federal Poverty ranges are A: 0-25%
of the Federal Poverty Level, as set by the U.S. Department of Health and Human
Services each year, B: 26-50%, C: 51-75%, D: 76-100%, E: 101-125% and F:
126-135%.
|
Payment Levels for Missouri
Primary Fuel
Monthly Income Federal Poverty Level
|
|
Fuel Type
|
A
|
B
|
C
|
D
|
E
|
F
|
|
Natural Gas
|
$296
|
$278
|
$259
|
$240
|
$221
|
$203
|
|
Tank Propane
|
$450
|
$413
|
$375
|
$338
|
$300
|
$263
|
|
Electric
|
$289
|
$270
|
$251
|
$233
|
$214
|
$195
|
|
Fuel Oil
|
$296
|
$278
|
$259
|
$240
|
$221
|
$203
|
|
Wood
|
$199
|
$180
|
$161
|
$143
|
$124
|
$105
|
|
Kerosene
|
$139
|
$120
|
$101
|
$ 83
|
$ 64
|
$ 45
|
|
Cylinder Propane
|
$161
|
$143
|
$124
|
$105
|
$ 86
|
$ 68
|
Notes
13 CSR
40-19.020
AUTHORITY: section
207.020,
RSMo 2000.* Emergency rule filed Nov. 26, 1980, effective Dec. 6, 1980, expired
March 11, 1981. Original rule filed Nov. 26, 1980, effective March 12, 1981.
Emergency amendment filed Nov. 19, 1981, effective Dec. 1, 1981, expired March
10, 1982. Amended: Filed Nov. 19, 1981, effective March 11, 1982. Emergency
amendment filed Oct. 29, 1982, effective Nov. 15, 1982, expired Feb. 10, 1983.
Amended: Filed Oct. 29, 1982, effective Feb. 11, 1983. Emergency amendment
filed Oct. 5, 1983, effective Nov. 1, 1983, expired Jan. 12, 1984, Amended:
Filed Oct. 5, 1983, effective Jan. 13, 1984. Emergency amendment filed Sept. 7,
1984, effective Oct. 15, 1984, expired Jan. 15, 1985. Emergency amendment filed
Oct. 4, 1985, effective Oct. 15, 1985, expired Feb. 1, 1986. Amended: Filed
Oct. 4, 1985, effective Feb. 14, 1986. Emergency rescission and rule filed
Sept. 16, 1986, effective Sept. 26, 1986, expired Jan. 14, 1987. Rescinded and
readopted: Filed Sept. 16, 1986, effective Jan. 12, 1987. Emergency amendment
filed Sept. 1, 1987, effective Sept. 11, 1987, expired Jan. 9, 1988. Amended:
Filed Sept. 1, 1987, effective Nov. 23, 1987. Emergency amendment filed Sept.
28, 1988, effective Nov. 1, 1988, expired March 1, 1989. Amended: Filed Sept.
28, 1988, effective Dec. 29, 1988. Emergency amendment filed Sept. 27, 1989,
effective Nov. 1, 1989, expired Feb. 28, 1990. Amended: Filed Sept. 27, 1989,
effective Jan. 12, 1990. Emergency amendment filed Aug. 30, 1990, effective
Nov. 1, 1990, expired March 1, 1991. Amended: Filed Aug. 30, 1990, effective
Feb. 14, 1991. Emergency amendment filed Aug. 30, 1991, effective Nov. 1, 1991,
expired Feb. 28, 1992. Amended: Filed Aug. 30, 1991, effective Jan. 13, 1992.
Emergency amendment filed Oct. 8, 1992, effective Nov. 1, 1992, expired Feb.
28, 1993. Emergency amendment filed Dec. 2, 1992, effective Feb. 28, 1993,
expired June 27, 1993. Amended: Filed Oct. 8, 1992, effective April 8, 1993.
Emergency amendment filed Oct. 15, 1993, effective Nov. 1, 1993, expired Feb.
28, 1994. Emergency amendment filed Feb. 4, 1994, effective March 1, 1994,
expired June 28, 1994. Amended: Filed Oct. 15, 1993, effective April 9, 1994.
Emergency amendment filed Oct. 13, 1994, effective Nov. 1, 1994, expired Feb.
9, 1995. Emergency amendment filed Jan. 17, 1995, effective Feb. 10, 1995,
expired June 9, 1995. Amended: Filed Oct. 13, 1994, effective March 30, 1995.
Emergency amendment filed Sept. 20, 1995, effective Oct. 1, 1995, expired March
28, 1996. Amended: Filed Sept. 20, 1995, effective Feb. 25, 1996. Emergency
amendment filed Sept. 10, 1996, effective Oct. 1, 1996, expired March 29, 1997.
Emergency amendment filed Sept. 23, 1997, effective Oct. 3, 1997, expired March
31, 1998. Amended: Filed Sept. 23, 1997, effective March 30, 1998. Emergency
amendment filed Sept. 4, 1998, effective Oct. 1, 1998, expired March 29, 1999.
Amended: Filed Sept. 4, 1998, effective March 30, 1999, Emergency amendment
filed Sept. 2, 1999, effective Oct. 1, 1999, expired March 28, 2000. Amended:
Filed Sept. 2, 1999, effective April 30, 2000. Emergency amendment filed Aug.
31, 2000, effective Oct. 1, 2000, expired March 28, 2001. Amended: Filed Aug.
31, 2000, effective Feb. 28, 2001. Emergency amendment filed Sept. 21, 2001,
effective Oct. 1, 2001, expired March 29, 2002. Amended: Filed Sept. 21, 2001,
effective April 30, 2002. Emergency amendment filed Sept. 19, 2002, effective
Oct. 3, 2002, expired March 31, 2003. Amended: Filed Sept. 19, 2002, effective
March 30, 2003. Emergency amendment filed Sept. 19, 2003, effective Oct. 1,
2003, expired March 28, 2004. Emergency amendment filed Sept. 24, 2004,
effective Oct. 4, 2004, expired April 1, 2005. Amended: Filed Sept. 19, 2003,
effective May 30, 2004.
Amended by
Missouri
Register April 3, 2017/Volume 42, Number 07, effective
5/31/2017
*Original authority: 207.020, RSMo 1945, amended 1961,
1965, 1977, 1981, 1982, 1986, 1993.
