A household must meet the following requirements to be eligible for the Low Income Energy Assistance Program:

(1) Income: A household's income for the base period used to establish eligibility cannot exceed 110 percent of the current non-farm poverty level. Income will be defined as gross income less the standard medical deduction for household members with only unearned income; actual child or dependent care costs up to the maximum allowed in the Food Stamp Program per child or dependent; and a standard deduction for work related expenses (a table shall be used to determine the appropriate amount to deduct). Earned and unearned income shall be counted or excluded as mandated by federal laws, federal regulations, and Administrative Procedure Act rules in 10A NCAC 71U that govern the Food Stamp Program. 7 CFR 273.9 is hereby adopted by reference under G.S. 150B-14(c).

(2) Assets: A household shall not have assets exceeding two thousand, two hundred dollars ($2,200). All assets will be counted with the exception of:

(a) Household or personal belongings (includes essential and non-essential personal property);

(b) Cars;

(c) Primary residence (including mobile home) and all contiguous property;

(d) Income producing real property;

(e) Insurance (including burial, term and whole life cash values);

(f) Value of prepaid burial contracts;

(g) Value of burial plots;

(h) Savings of a student under age 18 who is saving his money for school expenses;

(i) Relocation assistance payments;

(j) That portion of monthly income deposited in a checking account to meet monthly needs;

(k) Non-salable life estate or remainder interests;

(l) Heir property;

(m) HUD community development block grants;

(n) Any of a lump sum payment for the month received or the following month.

(3) Vulnerability: A household must be vulnerable to rising costs of energy. A household that is vulnerable to energy cost increases is one that is not protected against such increases under any other program.

(4) Citizenship: Individuals who are illegal aliens are not eligible for the Low Income Energy Assistance Program.

(Authority G.S. 108A-25; 143B-153; 42 U.S.C. 8621(a); 8622(2); 8624(b); 7 C.F.R. 273.9; Eff. November 19, 1980; Amended Eff. September 1, 1991; October 1, 1990; March 1, 1990; August 1, 1985.)

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