COMMENT DUE DATE:  

February 15, 2018

DATE: 

January 16, 2018

Laura Brown Adult and Family Services 405-521-4396

Dena Thayer, Programs Administrator 405-521-4326

RE:  

APA WF 18-20

It is very important that you provide your comments regarding the DRAFT COPY of policy by the comment due date. Comments are directed to *STO.LegalServices.Policy@okdhs.org. 

The proposed policy is  Permanent .  This proposal is subject to Administrative Procedures Act

It is important that you provide your comments regarding the draft copy of policy by the comment due date.Comments are directed to STO.LegalServices.Policy@okdhs.org.The proposed policy is permanent.

A public hearing is scheduled for 10:00 a.m. on February 21, 2018, at DHS, Sequoyah Memorial Office Building, 2400 N. Lincoln Boulevard, Oklahoma City, Oklahoma 73105, Room C-48.Anyone who wants to speak must sign in at the door by 10:05 a.m.

SUBJECT:CHAPTER 20. LOW INCOME HOME ENERGY ASSISTANCE PROGRAM (LIHEAP)

Subchapter 1. Low Income Home Energy Assistance Program

340:20-1-1 [AMENDED]

340:20-1-2.1 [NEW]

340:20-1-3 through 20-1-7 [AMENDED]

340:20-1-9 through 20-1-13 [AMENDED]

340:20-1-15 [AMENDED]

340:20-1-17 [AMENDED]

340:20-1-19 through 20-1-20 [AMENDED]

(Reference WF 17-13 and 18-03)

SUMMARY:The proposed amendments to Chapter 20, Subchapter 1 amend the rules to:(1) update:(a) terminology; (b) information regarding how the Oklahoma Department of Human Services (DHS) coordinates with utility suppliers; (c) information regarding how DHS collaborates with Community Action Agencies and utility suppliers to lower client energy costs; (d) how DHS facilitates the application process for individuals who are 60 years of age and older, blind, or disabled; (e) language regarding income exclusions to better align with Supplemental Nutrition Assistance Program (SNAP) and Temporary Assistance for Needy Families (TANF) rules; (f) LIHEAP, including Energy Crisis Application Program (ECAP) application methods; (g) procedures regarding weatherization services, fair hearings, overpayments, and vendor fraud referrals since LIHEAP is now centralized; (2) change:(a) the ECAP application period from March to intermittent periods throughout the year; (b) a Section title name; (c) the income standard for LIHEAP from net to gross income; (d) how self-employment income and business expenses are computed; (e) payment procedures and verification requirements when other utilities are included with the fuel bill; (3) add: (a) policy and legal citations; (b) non-discrimination provisions; (c) taglines; (d) appendices used to determine financial eligibility and benefit amounts; (e) clarifying information regarding when income must be calculated and how to calculate earned income and income of an ineligible alien; (f) child care copayments to allowable income deductions; (g) LIHEAP benefit amount information; (h) additional notice information; (i) clarifying information regarding the household's responsibility to report moving to another location within 10-calendar days; (j) what utility information is needed when submitting a LIHEAP application; (k) information to ECAP eligibility criteria to clarify that an energy crisis must be from a temporary or short-term situation and how ECAP payments are limited per fiscal year; (l) information to ECAP payment requirements regarding when DHS does not make direct payments to the energy supplier and how ECAP payments are limited or denied when other utilities are included with the heating or cooling bill; (m) add a requirement that household members must not change from the previous year to be pre-approved for LIHEAP; and (n) information regarding what charges are paid by LIHEAP funds; (4) clarify:(a) information regarding what is considered acceptable verification that the household is assessed an energy surcharge, (b) how eligibility is determined when an undocumented or ineligible alienis present in the home or a household member does not provide a Social Security number (SSN); (c) that LIHEAP eligibility is based on gross income; (d) gross income and liquid resources must be verified for household members not receiving other benefits; (e) what constitutes a life-threatening energy crisis; and (f) how payment is made to the household when direct payment cannot be made to the energy supplier; (5) change a Section title and payment procedures and verification requirements when other utilities are included with the fuel bill; (6) reorder information and add taglines within a Section for greater clarity; (7) define unearned income and the household's primary energy source for heating and cooling; (8) exempt all educational assistance income; (9) exclude money deposited into or withdrawn from a qualified Achieving a Better Life Experience (ABLE) Program account from income and resource consideration per State Statute and federal regulations;(10) describe which households are pre-authorized for winter heating and summer cooling; (11) include Child Care Subsidy and SoonerCare (Medicaid) for the aged, blind, and disabled as programs from which staff may use the most recent income and resource information; (12) remove obsolete application procedures and licensed practitioners of the healing arts and county directors as authorities for designating a crisis situation as life-threatening; and (13) reference the appendix that contains estimated benefit amounts and on what factors the benefit amount is based.

PERMANENT APPROVAL:Permanent rulemaking is requested.

LEGAL AUTHORITY:Director of Human Services; Section 162 and 4001.1 through 4001.5 of Title 56 of the Oklahoma Statutes; Sections 529A and 2503 of Title 26 of the United States Code (26 U.S.C. §529A); and U.S.C. 42 §§ 8621 through 8625.

Rule Impact Statement

To:Programs administrator

Legal Services - Policy

From:Patrick Klein,Director

Adult and Family Services

Date:December 18, 2017

Re:CHAPTER 20 Low Income Home Energy Assistance Program (LIHEAP)

Subchapter 1. Low Income Home Energy Assistance Program

340:20-1-1 [AMENDED]

340:20-1-2.1 [NEW]

340:20-1-3 through 20-1-7 [AMENDED]

340:20-1-9 through 20-1-13 [AMENDED]

340:20-1-15 [AMENDED]

340:20-1-17 [AMENDED]

340:20-1-19 through 20-1-20 [AMENDED]

(Reference WFs 18-03 and 17-13)

Contact:Laura Brown 405-521-4396

A.Brief description of the purpose of the proposed rule:

Purpose:The proposed amendments to Chapter 20, Subchapter 1 amend the rules to:(1) update: (a) terminology; (b) information regarding how the Oklahoma Department of Human Services (DHS) coordinates with utility suppliers; (c) information regarding how DHS collaborates with Community Action Agencies and utility suppliers to lower client energy costs; (d) how DHS facilitates the application process for individuals who are 60 years of age and older, blind, or disabled; (e) language regarding income exclusions to better align with Supplemental Nutrition Assistance Program (SNAP) and Temporary Assistance for Needy Families (TANF) rules; (f) LIHEAP, including Energy Crisis Application Program (ECAP) application methods; (g) procedures regarding weatherization services, fair hearings, overpayments, and vendor fraud referrals since LIHEAP is now centralized; (2) change: (a) the ECAP application period from March to intermittent periods throughout the year; (b) a Section title name; (c) the income standard for LIHEAP from net to gross income; (d) how self-employment income and business expenses are computed; (e) payment procedures and verification requirements when other utilities are included with the fuel bill; (3) add: (a) policy and legal citations; (b) non-discrimination provisions; (c) taglines; (d) appendices used to determine financial eligibility and benefit amounts; (e) clarifying information regarding when income must be calculated and how to calculate earned income and income of an ineligible alien; (f) child care copayments to allowable income deductions; (g) LIHEAP benefit amount information; (h) additional notice information; (i) clarifying information regarding the household's responsibility to report moving to another location within 10-calendar days; (j) what utility information is needed when submitting a LIHEAP application; (k) information to ECAP eligibility criteria to clarify that an energy crisis must be from a temporary or short-term situation and how ECAP payments are limited per fiscal year; (l) information to ECAP payment requirements regarding when DHS does not make direct payments to the energy supplier and how ECAP payments are limited or denied when other utilities are included with the heating or cooling bill; (m) add a requirement that household members must not change from the previous year to be pre-approved for LIHEAP; and (n) information regarding what charges are paid by LIHEAP funds; (4) clarify:(a) information regarding what is considered acceptable verification that the household is assessed an energy surcharge, (b) how eligibility is determined when an undocumented or ineligible alienis present in the home or a household member does not provide a Social Security number (SSN); (c) that LIHEAP eligibility is based on gross income; (d) gross income and liquid resources must be verified for household members not receiving other benefits; (e) what constitutes a life-threatening energy crisis; and (f) how payment is made to the household when direct payment cannot be made to the energy supplier; (5) reorder information and add taglines within a Section for greater clarity; (6) define the household's primary energy source for heating and cooling; (7) exempt all educational assistance income; (8) exclude money deposited into or withdrawn from a qualified Achieving a Better Life Experience (ABLE) Program account from income and resource consideration per State Statute and federal regulations; (9) describe which households are pre-authorized for winter heating and summer cooling; (10) include Child Care Subsidy and SoonerCare (Medicaid) for the aged, blind, and disabled as programs from which staff may use the most recent income and resource information; (11) remove obsolete application procedures and licensed practitioners of the healing arts and county directors as authorities for designating a crisis situation as life-threatening; and (12) reference the appendix that contains estimated benefit amounts and on what factors the benefit amount is based.

Strategic Plan Impact.

The proposed amendments achieve DHS goals by continuously improving systems and processes and improving communication with DHS clients and staff.

Substantive changes.

Subchapter 1. Low Income Home Energy Assistance Program

Oklahoma Administrative Code (OAC) 340:20-1-1 is amended to:(1) add the federal legal cite regarding the LIHEAP purpose; (2) add clarifying language; and (3) update terminology.

OAC 340:20-1-2.1 is issued to add non-discrimination provisions.

OAC 340:20-1-3 is amended to: (1) change the ECAP application period from March to intermittent periods throughout the year; (2) update terminology; and (3) add clarifying information.

OAC 340:20-1-4 is amended to: (1) update terminology; and (2) add clarifying information.

OAC 340:20-1-5 is amended to:(1) change the Section Title name; (2) reorder information for greater clarity; (3) add State Supplemental Payment as an income support program; and (3) remove diversion assistance as it is no longer funded.

OAC 340:20-1-6 is amended to update information regarding how DHS coordinates with utility suppliers regarding LIHEAP.

OAC 340:20-1-7 is amended to: (1) update collaboration efforts between DHS, Community Action Agencies, and utility suppliers to lower clients' energy costs.

OAC 340:20-1-9 is amended to update how DHS facilitates the application process for individuals who are 60 years of age and older, blind, or disabled.

OAC 340:20-1-10 is amended to: (1) define the household's primary energy source as electricity for the cooling application period; (2) add clarifying information regarding: (a) what is considered acceptable verification when the household is assessed an energy surcharge; (b) how eligibility is determined when an undocumented or ineligible alien is present in the home or a household member does not provide a Social Security number (SSN); and (c) how LIHEAP eligibility is based on gross income; and (3) add appendices used to determine financial eligibility and benefit amounts.

OAC 340:20-1-11 is amended to :(1) change the income standard for LIHEAP from net to gross income; (2) reorder information and add additional taglines; (3) add clarifying information regarding when income must be calculated and how to calculate earned income and income of an ineligible alien; (4) define unearned income; (5) change how self-employment income and business expenses are computed; (6) exempt all educational assistance income; (7) update language regarding income exclusions to better align with Supplemental Nutrition Assistance Program (SNAP) and Temporary Assistance for Needy Families (TANF) rules; (8) exclude money from income and resource consideration deposited into or withdrawn from a qualified ABLE Program account per State Statute and federal regulations; (9) add child care copayments to allowable income deductions; and (10) add LIHEAP benefit amount information.

OAC 340:20-1-12 is amended to: (1) update how LIHEAP applications are submitted to DHS; (2) describe which households are pre-authorized for winter heating and summer cooling; (3) add additional notice information; (4) add clarifying information regarding the household's responsibility to report moving to another location within 10-calendar days and what utility information is needed when submitting a LIHEAP application; and (5) remove obsolete application procedures.

OAC 340:20-1-13 is amended to: (1) include Child Care Subsidy and SoonerCare (Medicaid) for the aged, blind, and disabled as programs from which staff may use the most recent income and resource information; and (2) clarify that gross income and liquid resources must be verified for household members not receiving other benefits, how eligibility is determined for household members who do not provide a SSN, and what is considered acceptable verification that the household is assessed an energy surcharge.

OAC 340:20-1-15 is amended to update terminology and procedures regarding weatherization services, fair hearings, overpayments, and vendor fraud referrals because LIHEAP is now centralized.

OAC 340:20-1-17 is amended to: (1) add taglines; (2) change the ECAP application period from March to intermittent periods throughout the year; (3) update terminology and ECAP application methods; (4) clarify which energy source is considered the primary energy source for heating or cooling; (5) add:(a) information to ECAP eligibility criteria to clarify that an energy crisis must be from a temporary or short-term situation; (b) how ECAP payments are limited per fiscal year; (c) information to ECAP payment requirements regarding when DHS does not make direct payments to the energy supplier; (d) how ECAP payments are limited or denied when other utilities are included with the heating or cooling bill; and (e) what constitutes a life-threatening energy crisis; and (6) remove licensed practitioners of the healing arts and county directors as authorities for designating a crisis situation as life-threatening.

OAC 340:20-1-19 is amended to: (1) add a requirement that household members must not change from the previous year to be pre-approved for LIHEAP; (2) reference the appendix that contains estimated benefit amounts and what factors the benefit amount is based on; (3) clarify what is considered acceptable verification when the household is assessed an energy surcharge; (4) change payment procedures and verification requirements when other utilities are included with the fuel bill; (5) add rule citations; and (6) clarify how payment is made to the household when direct payment cannot be made to the energy supplier.

OAC 20-1-20 is amended to: (1) add a requirement that household members must not change from the previous year to be pre-approved for LIHEAP; (2) reference the appendix that contains estimated benefit amounts and what factors the benefit amount is based on; (3) clarify what is considered acceptable verification when the household is assessed an energy surcharge; (4) add information regarding what charges are paid by LIHEAP funds; (5) change payment procedures and verification requirements when other utilities are included with the fuel bill; (6) add rule citations; and (7) clarify how payment is made to the household when direct payment cannot be made to the energy supplier.

Reasons. The proposed amendments throughout the Subchapter are amended to:(1) update staff responsible for LIHEAP because program responsibilities were centralized last year due to staff reductions; (2) make policy easier to understand for clients, AFS staff, and the public, and less error prone for staff by reordering and renaming information, adding taglines, updating procedures to current processes, and clarifying and simplifying language; and (3) remove confusing information that is no longer applicable.

The proposed amendment to application methods is made to include online and phone submissions and remove the use of a computer-generated application because LIHEAP was added to OKDHSLive! December, 2016.

The proposed amendment to base LIHEAP eligibility on gross income, change how self-employment income and business expenses are computed, exempt all education assistance income, and update other income exemptions is made to align with other AFS benefits.

The proposed amendment to exclude money from income and resource consideration deposited into or withdrawn from a qualified ABLE Program account is made to comply with legislation effective January 1, 2017.

The proposed amendment to allow income to be verified using available income included in Child Care Subsidy and SoonerCare (Medicaid) records helps streamline eligibility and improve timeliness because LIHEAP is centralized and using fewer staff.

The proposed amendment to add child care copayments to allowable income deductions is made after receipt of federal guidance.

The proposed amendment to change the ECAP application period from March to intermittently throughout the year is made to better manage application timeliness now that fewer staff process LIHEAP applications and to better serve clients throughout the year when they experience energy crises.

The proposed amendment to better define what constitutes a life-threatening energy crisis is made based on federal guidance.

The proposed amendments to require that electricity be the primary energy source for cooling, not allow LIHEAP funds to be used to pay non-energy related utility costs when utilities are combined into one bill, and to not allow the county director to designate an energy crisis are made based on federal and/or state audit findings.

The proposed amendment to require households participate in budgeting, counseling, and home energy conservation before they are eligible for more than one ECAP payment, per fiscal year is made to comply with Section 8624(b)(16) of Title 42 of the United States Code (U.S.C. 42 § 8624(b)(16)).

Repercussions.

If the proposed amendments are not implemented, rules will not reflect current procedures due to centralization and okdhslive.org availability and DHS will be out-of-compliance with federal guidelines and audit results.

If the proposed revision regarding Oklahoma ABLE accounts is not implemented, rules will not be in compliance with new legislation and may result in staff considering funds deposited into or withdrawn from qualified ABLE accounts as countable income in error.

If the proposed amendment to reorder and update information, align income rules with SNAP and TANF rules, and add clarifying language is not implemented, it may result in employees not processing LIHEAP benefits correctly.

Legal authority.Director of Human Services; Section 162 and 4001.1 through 4001.5 of Title 56 of the Oklahoma Statutes; Sections 529A and 2503 of Title 26 of the United States Code (26 U.S.C. §529A); and U.S.C. 42 §§ 8621 through 8625.

Permanent rulemaking approval is requested.OAC 340:20-1-11 was submitted as an emergency rule on March 2, 2017 and was approved by the Governor on March 7, 2017. The rule was revised as an emergency to comply with new legislation effective January 1, 2017 regarding Oklahoma ABLE accounts.Additional revisions were made for permanent rulemaking.

B.A description of the classes of persons who most likely will be affected by the proposed rule, including classes that will bear the costs of the proposed rule, and any information on cost impacts received by the Agency from any private or public entities:The classes of persons most likely to be affected by the proposed amendments are clients applying for LIHEAP and employees.The affected classes of persons will bear no costs associated with implementation of the rules.

C.A description of the classes of persons who will benefit from the proposed rule:Future applicants will benefit from accurate determination that will preserve limited LIHEAP funds for eligible families.

D.A description of the probable economic impact of the proposed rule upon the affected classes of persons or political subdivisions, including a listing of all fee changes and, whenever possible, a separate justification for each fee change:The revised amendments do not have an economic impact on the affected entities.There are no fee changes associated with the revised amendments.

E.The probable costs and benefits to the Agency and to any other agency of the implementation and enforcement of the proposed rule, the source of revenue to be used for implementation and enforcement of the proposed rule and any anticipated effect on state revenues, including a projected net loss or gain in such revenues if it can be projected by the Agency:The probable cost to DHS includes the cost of printing and distributing the rules estimated to be less than $20.The revised amendments will result in enhanced delivery of services for clients.

F.A determination whether implementation of the proposed rule will have an impact on any political subdivisions or require their cooperation in implementing or enforcing the rule:The proposed amendments do not have an economic impact on any political subdivision, nor will the cooperation of any political subdivisions be required in implementation or enforcement of the amendments.

G.A determination whether implementation of the proposed rule will have an adverse economic effect on small business as provided by the Oklahoma Small Business Regulatory Flexibility Act:There are no anticipated adverse effects on small business as provided by the Oklahoma Small Business Regulatory Flexibility Act.

H.An explanation of the measures the Agency has taken to minimize compliance costs and a determination whether there are less costly or nonregulatory methods or less intrusive methods for achieving the purpose of the proposed rule:There are no less costly or non-regulatory methods or less intrusive methods.

I.A determination of the effect of the proposed rule on the public health, safety, and environment and, if the proposed rule is designed to reduce significant risks to the public health, safety, and environment, an explanation of the nature of the risk and to what extent the proposed rule will reduce the risk:The proposed amendments to allow applicants to submit a LIHEAP application online or by phone reduces health and safety risks by making the process of applying for LIHEAP easier and less time intensive for applicants and staff.The proposed amendments may also reduce health risks for families with qualified ABLE accounts and facilitate the delivery of benefits and services to persons who are in need.Changing the ECAP application period from March to intermittently throughout the year will better serve clients, when they experience energy crises, which also reduces health and safety risks.

J.A determination of any detrimental effect on the public health, safety, and environment if the proposed rule is not implemented:If the proposed amendments to ECAP application periods are not implemented, health and safety risks that occur when clients experience energy crises in months other than March will not be mitigated and health risks may not be reduced for persons with qualified ABLE accounts.

K.The date the rule impact statement was prepared and, if modified, the date modified:Prepared April 21, 2017; revised July 6, 2017; amended December 18, 2017.

SUBCHAPTER 1. LOW INCOME HOME ENERGY ASSISTANCE PROGRAM

340:20-1-1. Purpose

Revised 6-1-109-1-18

The purpose of this Chapter is to outline the rules governing the Oklahoma Department of Human Services (OKDHS)(DHS) Low Income Home Energy Assistance Program (LIHEAP).The intent of the program is to provide assistance to eligiblelow-income households, to meet the costs of particularly those with the lowest incomes, that pay a high proportion of household income to meet their home energy that are excessive in relation to household incomeneeds per Section 8621 through 8629 of Title 42 of the United State Code.As administered by OKDHSDHS, thosethe households most affected by thesehigh energy costs are the elderly, disabled, homebound, young children 5 years of age and younger, low-income families, migrants, and those who are isolated from service programs by geographical conditions or language barriers.

340:20-1-2.1 Non-discrimination provisions

Issued 9-1-18

Per Section 8625 of Title 42 of the United States Code, no person is excluded from participation in, denied, or subjected to discrimination under any program or activity funded in whole or in part with Low Income Home Energy Assistance Program funds on the grounds of race, color, national origin, or sex.Any prohibition against discrimination on the basis of age under the Age Discrimination Act of 1975 or with respect to an otherwise qualified handicapped individual as provided in Section 504 of the Rehabilitation Act of 1973 also applies to any such program or activity.

340:20-1-3. Scope

Revised 6-1-109-1-18

(a) The operation of the Low Income Home Energy Assistance Program (LIHEAP) is contingent upon the receipt of federal funds.Delay in federal funding can cause changes in planned time frames for the program.

(b) LIHEAP consists of four components per Section 8624 of Title 42 of the United States Code:

(1) heating assistance, which is the benefits paid to vendors and clients beginning in December each year as approved;

(2) Energy Crisis Assistance Program (ECAP),beginning in March each yearwhich has intermittent application periods each year and any time there is a medical crisis;

(3) summer cooling assistance beginning in July each year; and

(4) weatherization assistance, which is administered year round by the Oklahoma Department of Commerce (ODOC) with LIHEAP funds allocated to them by OKDHSthe Oklahoma Department of Human Services. VariousODOC distributes weatherization funds to local Community Action Agencies to provide actual weatherization services.

340:20-1-4.Coordination with tribal Low Income Home Energy Assistance Program (LIHEAP) to prevent duplication of assistance

Revised 7-1-129-1-18

Some, but not all, Oklahoma Indian tribes receive federal funds to operate their own Low Income Home Energy Assistance Program (LIHEAP) per Section 8623 of Title 42 of the United States Code.Tribes may choose to use their funds for one assistance payment per household or through multiple application periods throughout the federal fiscal year that runs from October through September each year.¢ 1

(1) The Oklahoma Department of Human Services (OKDHS)(DHS) and participating tribes share information regarding tribal member's receipt of LIHEAP to prevent duplication of assistance.¢ 2

(2) Tribal members are not eligible to receive energy assistance from their tribe and OKDHSDHS for the same federal fiscal year.

(3) When a tribal member applies for LIHEAP through OKDHSDHS, the workertreat's the person's eligibility is treated in the same manner as any other household ifwhen the person is a member of a tribe that:

(A) does not operate its own LIHEAP; or

(B) operates its own LIHEAP, but the person has not applied to the tribe for energy assistance.

(4) When a tribal member applies for DHS LIHEAP at ahuman services center (HSC) and the worker determinesit is determined that a household member of the person's household received energy assistance from a tribal LIHEAP program for the same federal fiscal year, the worker denies the LIHEAP application is denied.

(5) When a tribal member approved for OKDHSDHS LIHEAP later applies for tribal LIHEAP for the same federal fiscal year, the OKDHS certification can be canceled, if requested, as long as payment has not already been made.If a payment has already been made, the tribal LIHEAPthe tribe denies its application unless the tribal member requests DHS cancel its certification before payment is made.

INSTRUCTIONS TO STAFF 340:20-1-4

Revised 7-1-129-1-18

1.When a member of the household applying for Low Income Home Energy Assistance Program (LIHEAP) indicates one or more household members is a includes a tribal member, the workercentralized Low Income Home Energy Assistance Program (LIHEAP) staff refers to the Oklahoma Department of Human Services (OKDHS)(DHS) Appendix D-4-B, Oklahoma Indian Tribes Administering Their Own Low Income Home Energy Assistance Program (LIHEAP), to determine whetherif the person's tribe operates its own LIHEAP program.

2.(a) Per (OAC) 340:65-1-2(3), OKDHS has a memorandum of understanding with tribes operating LIHEAP that allow information sharing.

(b) When contacted directly by a tribe regarding certain tribal members, Family Support Services Division (FSSD) Low Income Home Energy Assistance Program (LIHEAP) Section or human services center (HSC) staff share Centralized LIHEAP and county staff share LIHEAP approval information with tribes when contacted.

(c) When the person'sa household member's tribe operates its own LIHEAP program, the worker must verifystaff verifies with the appropriate tribal agency whether a member of the applicant's household has been approved for tribalif the household received LIHEAP assistance during the same federal fiscal year before approving the household for DHS LIHEAP.

340:20-1-5. Coordination with Family SupportAdult and Family Services (AFS) income support programs

Revised 6-1-099-1-18

Low Income Home Energy Assistance Program (LIHEAP) payments are disregarded in all Oklahoma Department of Human Services programs.The Low Income Home Energy Assistance Program (LIHEAP) is coordinatedcoordinates with other AFS income support programs, such as Diversion Assistance, Temporary Assistance tofor Needy Families (TANF), and TANF flex funds, and State Supplemental Payment (SSP).IfWhen the household's need is for primary home energy, it is met through LIHEAP when LIHEAP funds are available.Diversion Assistance and TANF flex funds are used for emergency needs that are not covered under LIHEAP does not cover.Payments made throughLIHEAP are disregarded in all Oklahoma Department of Human Services (OKDHS) programs.

340:20-1-6. Coordination with utility suppliers

Revised 12-1-939-1-18

It is the responsibility of the County Director or designeeLow Income Home Energy Assistance Program (LIHEAP) program field representative staff to familiarize utility suppliers with the programLIHEAP per 8624 of Title 42 of the United States Code.This will require a contact with each of the county's suppliers to explain the program prior to its implementation.The supplier should be instructed by the countyCounty office tostaffnotify the State Officeemail Adult and Family Services LIHEAP Section via the authorization form or authorization tape ifprogram field representative staff when a utility supplier or a client reports an account name or number requires a correction.During the Energy Crisis Assistance Program, centralized LIHEAP staff must coordinate with utility suppliers to pledge payment and ensure fuel is delivered in a timely manner to settle the energy crisis.

340:20-1-7. Outreach

Revised 6-1-089-1-18

The Oklahoma Department of Human Services (OKDHS)(DHS) provides information and presentations regarding the Low Income Home Energy Assistance Program (LIHEAP) to interested individuals and community agencies for the duration of the program per Section 8624 of Title 42 of the United States Code.DHS collaborates with local Community Action Agencies to offer energy efficient workshops and coordinate energy assessments on clients' homes to evaluate what can be done to lower energy costs.Some utility suppliers enroll LIHEAP clients in discount rates for their main heating and cooling energy sources.¢ 1

INSTRUCTIONS TO STAFF 340:20-1-7

Issued 6-1-08 Revised 9-1-18

1.It is the responsibility of the county director in each human services center to coordinate The Oklahoma Department of Human Services coordinates outreach to interested individuals and community agencies.Examples of agencies includesuch as:

(1) Community Action Agencies;

(2) other the local service providers;

(3) public and private organizations serving and representing elderly and disabled persons;

(4) federal government offices;

(5) home energy suppliers;

(6) the public education system;

(7) local law enforcement agencies;

(8) community-based organizations; and

(9) the mass media.

340:20-1-9. Priorities¢ 1

Revised 11-15-939-1-18

Special consideration is given to facilitating the application process on behalf of individuals who are 60 oryears of age and older,or blind, or disabled per Section 8624 of Title 42 of the United States Code.Applications will be taken outside the state or county offices at such locations as senior citizens centers, congregate meal sites, and other locations designated by the county director.During the open enrollment period, applications may be completed online at www.okdhslive.org or by phone at 405-487-5483.For individuals who lack transportation,or who are physically or mentally unable to come to the county office, an application may be taken in theor have no access to a phone or the Internet, Form 08LH002E, Low Income Home Energy Assistance Program (LIHEAP) Application is mailed to the home.Applications for energy services may be made bycompleted by the spouse, natural guardian,or legal guardian, or someone else on behalf of the applicant.

INSTRUCTIONS TO STAFF 340:20-1-9

Revised 11-15-939-1-18

1.Applicants for LIHEAP should also be informed by the county staff of When the Low Income Home Energy Assistance Program is not available, applicants are referred to other organizations assisting low-income households with meeting energy needs.Such organizations include, but are not limited to:

(A) Locallocal churches.;

(B) Lend-a-Hand, Share-the-Warmth, or Light-A-Life programs administered through the Salvation Army.;

(C) Communitycommunity or neighborhood organizations; and

(D) Community Action Agencies for weatherization.

At various locations around the state, the Area Agencies on Aging (AAA) provide non-welfare LIHEAP application sites as an alternative to completing an application at a DHS office.DHS county directors have the current list of AAA application sites.

340:20-1-10. Program factors

Revised 7-1-129-1-18

(a) Home energy.HomeFor the Low Income Home Energy Assistance Program (LIHEAP), home energy means a household's source of energy used to heat or cool a residential dwelling per Section 8622(6) of Title 42 of the United States Code (42 U.S.C. § 8622(6)).

(b) Primary energy source.

(1) The primary energy source during the winter monthsheating application period is fuel used to heat the home.

(2) The primary energy source during the summer monthscooling application period is fuel usedelectricity to cool the home.

(3) During thean Energy Crisis Assistance Program (ECAP) application period, the household may choose heating or cooling as the primary energy source.

(c) Household.Household means any person or group of persons who are living together as one economic unit and for whom residential energy is customarily purchased in common, or who make undesignated payments for energy in the form of rent per 42 U.S.C. § 8622(5).

(1) The worker considers theThe income and resources of all household members is considered per Oklahoma Administrative Code (OAC) 340:20-1-11 procedures even ifwhen one or more household members is not eligible to be included in the benefit per OAC 340:20-1-8 or (g)(5) of this Section.

(2) Refer to OAC 340:20-1-4 when one or more household members is a member of a tribe operating its own Low Income Home Energy Assistance Program (LIHEAP).

(3) There is one authorization per household for each heating and/or cooling application assistance per householdperiod.

(d) Vulnerability.A household is vulnerable ifwhen it is totally or partially responsible, either totally or partially, for the cost of home energy.A vulnerable household includes households whose primary energy source has beenis temporarily discontinued.

(e) Non-vulnerability.Non-vulnerable households are those that do not bear any of thehome energy expense of home energy. Examples of non-vulnerable living arrangements include:

(1) congregate or domiciliary facilities, such as a nursing facility, college or university dormitory, or fraternity or sorority housing;

(2) households whose primary energy source is totally paid by someone other than a household member; and

(3) subsidized households whose heating and/or cooling costs are included in theirthe rent.Subsidized households assessed an energy surcharge during the operation of LIHEAP may be eligible for assistance ifwhen they provide proofverification of the surcharge.Acceptable surcharge verification may be established by an itemized statement from the landlord, a legally-binding lease agreement showing the surcharge, or a rent receipt designating that the fuel cost is separate from the total shelter payment.

(f) Subsidized household.Subsidized household means a householdhouseholds are households that receives assistance throughreceive a utility allowance to cover all or part of their energy cost, and/or receivesreceive assistance in paying their rent or house payment on a regular basis.A subsidized household isSubsidized households are not vulnerable when an agency or person pays the entire utility bill every month even ifwhen the utility bill is in the name of a household member or the payment is a loan.

(1) Assistance may be from a government agency, such as a local housing authority, or a private person, usually a relative or friend, who helps a person or familythe household pay their utility bills, rent or house payment, or allows themthe household to live rent free.

(2) IfWhen apartment rental rates in college or university-owned apartment complexes are deliberately set lower than other apartments in the community in order to help the student, the household is considered a subsidized household.¢ 1

(3) Eligible subsidized households with out-of-pocket utility expenses receive the same assistance benefit as unsubsidized households.

(g) Eligible households.All eligible households must meet criteria in (1) through (4)(5) of this subsection or the worker must deny the application is denied.

(1) Households must be vulnerable by being totally or partially responsible for the cost of home energy.¢ 2

(2) Households must not exceed the gross income and resource standards as shown onper Oklahoma Department of Human Services (OKDHS)(DHS) Appendix C-7, Low Income Home Energy Assistance Program Income and Resource Level by Household Size.

(3) Households must include at least one citizen or legaleligible alien per OAC 340:20-1-8 and may include an illegal alien.An undocumented or ineligible alien may be present in the home, but is not included in household size when determining the household's financial eligibility or the benefit amount.The undocumented or ineligible alien's income is considered per OAC 340:20-1-11(a)(4).

(4) The person making the application must provide proof of identity per OAC 340:20-1-13(4).

(5) Each household member included in household size for income and benefit determination must provide his or her Social Security number (SSN) per OAC 340:20-1-13(3) and 340:65-3-1(f).When the household does not provide a SSN for a household member, the workercountsthatthe person's income is counted but does not include him or her in household sizethe person is not included in determining the household's financial eligibility per DHS Appendix C-7 or benefit amount per Appendix C-7-A.

(h) Benefit amount. Funding for LIHEAP funding is contingent on the receipt of federal funds and authorized amounts vary from year-to-year.Benefit amounts are estimated and reserved for winter heating, summer cooling, and ECAP on a yearly basis after the funding amount of available fundingfor the federal fiscal year is known.OKDHS DHS Appendix C-7-A, Estimated LIHEAP Benefit Level For All Households, provides estimated benefit amounts for each program.Adjustments, as needed, may be made to thisthe estimated benefit amount throughoutduring the fiscal year because of changes in available funding or anticipated need.The household benefit amount is based upon the household's size, income, and primary energy source.¢ 3

INSTRUCTIONS TO STAFF 340:20-1-10

Revised 7-1-129-1-18

1.The workerCentralized Low Income Home Energy Assistance Program (LIHEAP) staff may need to contact the campus housing office(s) to determine whetherif rental rates are set lower for college or university-owned apartments.

2.Subsidized households whose heating costs are included in their rent are not vulnerable unless assessed a surcharge.Refer toper Oklahoma Administrative Code (OAC) 340:20-1-10(e)(2)(3).

3.(a) If the worker When centralized LIHEAP staff discovers that an incorrect benefit levelamount was approved prior to the benefit being issuedbenefit issuance, the workerhe or she must contact the Supplemental Nutrition Assistance Program (SNAP)/ Low Income Home Energy Assistance Program (LIHEAP) Section in Family Support Services Division (FSSD)Adult and Family Services (AFS) LIHEAP program field representative staff to provide the corrected information.The worker may contact the FSSD SNAP/LIHEAP Section by:

(1) email atto LIHEAP2@okdhs.org;

(2) telephonephone; or

(3) memo.

(b) When the workercentralized LIHEAP staff discovers after payment has been made that the household received a higher benefit levelamount than it was eligible to receive after payment was made, the workerhe or she must write a memo explaining the reason for the overpayment, and submit it to the SNAP/LIHEAP SectionAFS LIHEAP program field representative staff.

Highlights indicates 2017 emergency rule changes

340:20-1-11. Income and liquid resources

Revised 7-1-124-15-179-1-18

(a) Income.All gross earned and unearned income received by the household, except for those income sources shown in exclusions per (b) of this Section, received by the household is considered in determining financial eligibility per Section 8624 of Title 42 of the United States Code.When the household receives income more than once per month, income is converted to a monthly amount and rounded to the nearest dollar.¢ 1When a household member's income is reduced due to recoupment of an overpayment or garnishment, the gross amount before the recoupment or garnishment is considered.

(1) Gross income standard.EligibleThe income of eligible households must meet not exceed the gross income standard less the earned income deductionas shown on per Oklahoma Department of Human Services (OKDHS) (DHS) Appendix C-7, Low Income Home Energy Assistance Program Income and Resource Level by Household Size.

(1) Income received on an annual basis is prorated over 12 months to determine the average monthly income.

(A) When the household includes one or more ineligible aliens, part of the ineligible alien(s)' income is considered in determining gross income for the other household members.Refer to (4) of this subsection to determine the countable portion of the ineligible alien(s)' income.The ineligible alien(s) is not considered in household size when determining the gross income standard for the other household members.

(B) When all household members and their income are included in Supplemental Nutrition Assistance Program food benefits, Temporary Assistance for Needy Families or State Supplemental Payment cash assistance, or Child Care Subsidy benefits, the gross income used to establish eligibility for the other program is used to determine eligibility for Low Income Home Energy Assistance Program benefits.When some, but not all, household members are included in other benefits, the gross income of the household member(s) whose income was not verified must be determined for the application month per (2) and (3) of this subsection.

(C) When the household does not receive other benefits, the household's gross income for the application month is calculated to determine income eligibility per (2) and (3) of this subsection.

(2) If the income is not received on a regular monthly basis, refer to OAC 340:10‑3‑31.Earned income.Earned income is income a household member receives in the form of wages, commission, self-employment, or training allowances, and for which he or she puts forth labor.  When all household members' earned income is not established for another program and a household member works for an employer, gross earned income is calculated for the application month.When a household member is self-employed or a contract employee, the household member's income is averaged over 12 months to determine the average gross monthly income.

(A) When the household member receives an hourly wage, has not received all earned income for the month by the application date, and his or her income fluctuates, the last 30-calendar days of income is used to anticipate income for the pay periods not yet received.When the household member:

(i) receives an extra paycheck in the application month due to a third or fifth week and the income is ongoing, the last 30-calendar days of income is used to determine countable monthly income instead of counting the extra paycheck; or

(ii) started a new job and the amount of the first paycheck is not known, the earnings are not considered.

(B) When the household member's income does not fluctuate, income received during the month prior to the application month may be used.

(C) When the household member derives his or her annual income by contract or self-employment in a period of time shorter than one year or receives an annual salary, the income is divided over a 12-month period to determine countable monthly income.

(D) To arrive at the monthly gross earned income when the household member is self-employed and:

(i) filed an income tax return on the self-employment income for the most recent tax year, the gross self-employment income, including capital gains, shown on the income tax return is divided by 12 or the number of months the business was in operation when the business operated less than 12 months; or

(ii) did not file an income tax return for the most recent tax year, the gross self-employment income, including capital gains, shown on the household member's business records is divided by 12 or the number of months the business was in operation when the business operated less than 12 months.

(3) Total income is rounded to the nearest dollar.Unearned income.Unearnedincome is income a household receives that is not in the form of wages, self-employment, or training allowances, and for which a person does not put forth labor.Unearned income received or expected to be received during the month of application is considered unless it is excluded per (b) of this Section.

(4) When a person's income is reduced due to recoupment of an overpayment or garnishment, the gross amount before the recoupment or garnishment is considered.

(5) Countable income is computed as outlined in (A) through (D) of this paragraph.

(A) For each employed household member, subtract the earned income deduction as shown on OKDHS Appendix C-7 (.pdf, 1 pp, 52 KB).If the employed household member is self-employed, business expenses are allowed as described at (a)(6) of this Section.

(B) Add the unearned income of all household members.

(C) Subtract all applicable deductions as shown in (c) of this Section.

(D) The remaining amount is the amount considered available to the household members eligible for the Low Income Home Energy Assistance Program (LIHEAP).

(6) When a household member is self-employed, the net income as shown on the tax return is used as the income for this person.

(A) When the household did not file an income tax return on its self-employment income for the most recent year, the worker uses (i) through (iii) of this subparagraph to determine the net monthly self-employment income.

(i) The gross self-employment income, including capital gains, is computed using the client's self-employment business records.

(ii) If the client declares they incurred business expenses, the worker then subtracts 50% of the gross self-employment income as business expenses.If the household did not incur business expenses, a business expense deduction is not given.

(B) The monthly net self-employment income is added to all other earned income received by the household.Income calculation for an ineligible alien.An ineligible alien is a person who does not meet the eligibility criteria described in Oklahoma Administrative Code (OAC) 340:20-1-8.When an ineligible alien is part of an eligible household, the earned and unearned gross income of the ineligible alien and his or her ineligible dependents are not included when determining the LIHEAP benefit levelis calculated in the same manner as it is for other household members.The countable portion of his or her the ineligible alien's income is computed as outlined in per (A) through (E) of this paragraph and added to household income for the eligible members before determining if the household meets the gross income standard per Appendix C-7.An ineligible alien is a person who does not meet the eligibility criteria described in OAC 340:20-1-8.

(A) For each employed household member, subtractSubtract the earned income deduction as shown on OKDHS per Appendix C-7 for each employed ineligible alien.

(B) Add the unearned income of the ineligible alien.

(C) Subtract the need standard on OKDHS per DHS Appendix C-1, Schedule of Maximum Income, Resource, and Payment Standards Schedule IX, for the appropriate number of persons.Persons counted for the need standard are the ineligible alien and his or her ineligible alien dependents who:

(i) are claimable for federal personal income taxes;

(ii) live in the same household; and

(iii) are not included in the household size when determining the gross income standard or the LIHEAP benefit level because they are ineligible aliens for the eligible household members.

(D) Subtract all applicable deductions as shown inper (c) of this Section for the ineligible alien(s).

(E) The remaining amount is the amount considered available to added to the countable income of the household members eligible for LIHEAP.

(b) Income exclusions.In determining income, exclude Exclude from countable income:

(1) the food benefit amount under the Food and Nutrition Act of 2008;

(2) any payment received under Title II of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970;

(3) educational assistance including grants, work study, scholarships, fellowships, educational loans on which payment is deferred, veteran's education benefits, and the like are exempt if receipt is contingent upon the student regularly attending school and the money received is intended to offset the costs of education and expenses as identified by the institution, school, program, or other grantor. ¢ 1If the money is not intended to be a reimbursement and is a gain to the client, it is considered income.¢ 2The student's classification, whether graduate or undergraduate, is not a factor;

(4) loans, regardless of use, if when a bona fide debt or obligation to pay can be established.

(A) Criteria to establish a loan as bona fide includes an acknowledgment of obligation to repay or evidence that the loan is from a person or financial institution in the loan business.

(B) If When the loan is from a person(s) not in the loan business, the borrower's acknowledgment of obligation to repay, with or without interest, is required to indicate that the loan is bona fide;

(5) Indian per capita payments including distributed from judgment awards or trust funds or funds held in trust and distributed per capita by the Secretary of the Interior Bureau of Indian Affairs (BIA) or distributed by the tribe subject to approval by the Secretary of the Interior made pursuant to Public Law (P.L.) 98-64.

(A) Exclude any interest or investment income accrued on such funds while held in trust or any purchases made with judgment funds, trust funds, interest, or investment income accrued on such funds.

(B) Exclude per capita payments, for example, such as Osage tribe headrights of Osage tribe, income from mineral leases, or other tribal business ventures, as long as when they meet the distribution requirements as stated in this paragraph.¢ 2

(C) Consider as income, interest or income derived from the principal or produced by purchases made with the funds after distribution.

(D) The per capita exclusion applies per person rather than per family;

(6) special allowance for school expenses made available upon petition in writing from trust funds of the student;

(7) benefits from State state and Community Programs community programs on Aging [aging from Title III]and Title V.Income from the Older American Community Service Employment Act [Title V], including American Association of Retired Persons (AARP) and Green Thumb organizations as well as employment positions allocated at the discretion of the Governor of Oklahoma, is counted as earned incomeTitle III and Title V are under the Older Americans Act (OAA) of 1965, amended by P.L. 100‑175 to become the OAA, as amended in 2000.Each state and various organizations receive Title V funds.These organizations include:

(A) Experience Works;

(B) National Council on Aging;

(C) National Council of Senior Citizens;

(D) American Association of Retired Persons (AARP);

(E) U.S. Forest Service;

(F) National Association for Spanish Speaking Elderly;

(G) National Urban League;

(H) National Council on Black Aging; and

(I) National Council on Indian Aging;

(8) unearned income received by a child receiving Temporary Assistance for Needy Families (TANF), such as a needs based payment, cash assistance,allowances, stipends, earnings,compensation in lieu of wages, or allowance, from a program funded by thegrants, and other payments made for participation inWorkforce InvestmentInnovation and Opportunity Act (WIA) including Job Corps income, and WIA earned income received as wages, not to exceed six months in any calendar year(WIOA) of 2014, or other federally-funded workforce training program to persons of all ages and student status with the exception of income paid to persons 19 years of age and older for on-the-job training.This income is treated as any other earned income;¢ 3

(9) payments for supportive services or reimbursement for out-of-pocket expenses made to individual 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);

(10) payments, to volunteers under the Domestic Volunteer Service Act of 1973allowances, or earnings to persons participating in programs under Title I of the National and Community Service Act, such as University Year for Action (UYA), Senior Companion Program, AmeriCorps Volunteers in Service to America (VISTA),unless the gross amount of VISTA payments equals or exceeds the state or federal minimum wage, whichever is greater and other AmeriCorps Programs;

(11) the value of supplemental food assistance received under the Child Nutrition Act or the special food service program for children under the National School Lunch Act;

(12) any portion of payments, made under the Alaska Native Claims Settlement Act to an Alaska native, which are exempt from taxation under the Settlement Act;

(13) Experimental Housing Allowance Program (EHAP) payments made under Annual Contributions Contracts entered into prior to January 1, 1975, under Section 23 of the U.S. Housing Act of 1937, as amended;

(14) earnings of a minor dependent child who is a full-time student;

(15) rental or housing subsidies by governmental agencies, for example,such as the United States Department of Housing and Urban Development (HUD), received in-kind or in cash for rent, mortgage payments, or utilities;

(16) reimbursements from an employer for out-of-pocket expenditures and allowances for travel or training to the extent the funds are used for expenses directly related to such travel or training.Uniform allowances are excluded ifwhen the uniform is uniquely identified with the company name or logo.Any amount the employer adds to the employee's gross income as a benefit allowance to pay for a reimbursable expense, such as insurance or dependent care is excluded.When the monthly benefit allowance exceeds the monthly expense and the employer includes the excess in the employee's pay each month, the worker counts the excess benefit allowance as earned income;

(17) advance payments of Earned Income Tax Credit (EITC) received as part of a paycheck or EITC refunds of EITC as a result of filing a federal income tax return;

(18) refunds of state EITC as a result of filing a state income tax return;

(19) payments made from the Agent Orange Settlement Fund or any other fund established pursuant to the settlement in the IN RE In Re Agent Orange Product Liability Litigation, M.D.L. No. 381 (E.D.N.Y.) are not considered as income or as a resource in determining eligibility for or the amount of the benefit;

(20) payments received for Emergency Assistance to Needy Families with Children;

(21) payments made by others on the household's behalf;

(22) in-kind benefits received by an employee from an employer in lieu of wages or in conjunction with wages;

(23) payments made under the Radiation Exposure Compensation Act (P.L. 101-426) enacted October 15, 1990;

(24) federal majorfunds distributed by Federal Emergency Management Assistance (FEMA) due to a disaster and or emergency assistance provided under the Disaster Relief Act of 1974, and to persons directly affected by the event.This exclusion also applies to comparable disaster assistance provided by states, local governments, and disaster assistance organizations.For payments to be excluded, the disaster or emergency must be declared by the President of the United States;

(25) interests of individual Native Americans in trust or restricted lands;

(26) income up to $2,000 per calendar year received by individual Native Americans, which that is derived from leases or other uses of an individually-owned trust or restricted lands.Any remaining disbursements from the trust or the restricted lands are considered as unearned income; ¢ 4

(27) payments made to persons because of their status as victims of Nazi persecution;

(28) monetary allowances as described in per Section 1823(c) of Title 38 of the United States Code (USC)(U.S.C.) provided to certain persons who are children of Vietnam War veterans; and

(29) Family Support Assistance Payment Program payments paid to persons by theOKDHS DHS Developmental Disabilities Services Division (DDSD); and

(30) money deposited into or withdrawn from a qualified Oklahoma Achieving a Better Life Experience (ABLE) Program account per Sections 4001.1 through 4001.5 of Title 56 of the Oklahoma Statutes or a qualified ABLE Program account set up in any other state per the ABLE Act of 2014, 26 U.S.C. §529A, is excluded as income when the client:¢ 5

(A) provides documents to verify the account meets exemption criteria;

(B) verifies money deposited in the account does not exceed the annual federal gift tax exclusion amount per 26 U.S.C. § 2503(b).Any money deposited in the account in the calendar year in excess of the annual federal gift tax exclusion amount is considered as countable income in the amount deposited;and

(C) verifies withdrawals from the account are used to pay qualified disability expenses.Money withdrawn for reasons other than to pay qualified disability expenses is considered as income for the month of withdrawal.

(c) Income deductions.Certain When applicable, subtract deductible expenses per (1) through (3)(4) of this paragraph from the gross income may be applied when applicable, such as.Deductible expenses may include:

(1) out-of-pocket verified non-reimbursed medical expenses paid by persons age 60 and years of age or older or persons considered disabled per OAC 340:50-5-4 and 340:50‑7‑31(b)(3);¢ 6

(2) legally binding child support paid by a household member to or for a non-household member when verified, including payments made to a third party on behalf of the non-household member; and

(3) the earned income deduction as shown on OKDHS per DHS Appendix C-7 for each employed household member.In addition, if when a household member is self-employed, see (a)(6) of this Section for deduct 50 percent of the household member's gross self-employment deductionsincome for incurred business expenses.When the household member did not incur business expenses, he or she is not eligible for a business expense deduction; and

(4) child care copayment when the household receives Child Care Subsidy benefits through DHS.

(d) Benefit amount.Refer to Appendix C-7-A, Estimated Low Income Home Energy Assistance Program (LIHEAP) Benefit Level for all Households, to determine the LIHEAP benefit amount.The LIHEAP benefit amount is based on household size, excluding ineligible aliens, the household's net income after applicable deductions are subtracted per (c) of this Section, and the primary energy source.

(e) Resources.Liquid resources, such as cash on hand, checking or savings accounts, certificates of deposits, and or stocks or bonds, cannot exceed the allowable resource level as shown on OKDHS per Appendix C-7.The applicant's statement is accepted as verification unless the information received is inconsistent or questionable.

INSTRUCTIONS TO STAFF 340:20-1-11

Revised 3-7-17

1.When income is received on a:

(1) daily basis, there is consistency in the days worked each week, and a regularity of pay dates, it is converted to a weekly amount and multiplied by 4.3 to arrive at a monthly amount.When there is no consistency in the work offered or when pay is received, all income received in the calendar month is added together to arrive at a monthly amount.When more than one month of irregular income is available, the worker totals the income and divides it by the number of months used;

(2) weekly basis, add together the most recent consecutive pay checks, divide by the number of pay checks used, and multiply the income by 4.3 to arrive at the monthly amount;

(3) biweekly basis, add together the most recent consecutive pay checks, divide by the number of pay checks used, and multiply the income by 2.15 to arrive at the monthly amount; or

(4) twice per month, add together the most recent consecutive pay checks, divide by the number of pay checks used, and multiply the income by 2 to arrive at the monthly amount.

2.Per capita payments or income from tribal business ventures, such as some of the tribal gaming payments do not always have to meet the distribution requirements to be exempt.When it is not known if the payments meet the distribution requirements of Public Law 98-64, the tribe must be contacted to verify if the payment meets the requirements.

3.(a) There are numerous programs for which income is excluded.Some of the more common examples include income received from Youthbuild, Summer Youth, Job Corps, and paid classroom training.For less common examples, the worker must determine if the program is a federally-funded workforce training program.

(b) Income, aid, services, or incentives received by households participating in programs funded by Health Profession Opportunity Grants (HPOG) per Section 5507 of the Affordable Care Act (ACA) are exempt.HPOG may be granted to state agencies, workforce investment boards, community-based organizations, or institutions of higher learning.

4.(a) The client must provide proof of total disbursements received for the previous calendar year to determine how much, if any, of the income counts.When the client received more than $2,000, the amount over $2,000 is divided by 12 to determine monthly countable income.For example, when total disbursements equaled $2,100, the calculation is $2,100 minus $2,000 equals $100.The $100 is then divided by 12 to determine monthly countable income.

(b) When other household members also receive disbursements, the first $2000 is disregarded for each household member before any income is counted.

5.(a) The Oklahoma State Treasurer is responsible for certifying an achieving a better life experience (ABLE) account.Rules regarding an ABLE account include:

(1) only persons whose disability was established before 26 years of age can set up ABLE Act accounts and only one account is allowed per person;

(2) no limit to the number of persons who can contribute to the ABLE account; and

(3)upon the death of an ABLE Act participant, every dollar remaining in the account must be paid to the state Medicaid agency to repay costs of care received by the participant during life.

(b) At application and renewal, the client must provide proof from the financial institution of the dates and amounts of money deposited into and withdrawn from the ABLE account in the last 12 months.Any amount in excess of the annual federal gift tax exclusion amount is countable income.The current gift tax exclusion amount is $14,000 per calendar year.The client must verify, preferably from the financial institution that any funds withdrawn were used for qualified disability expenses.Funds withdrawn and not used for qualified disability expenses are considered as income for the month of withdrawal.

(c) Qualified disability expenses means any expenses related to the eligible individual's blindness or disability and approved per Section 529A of Title 26 of the United States Code made for the benefit of an eligible individual, who is the designated beneficiary including, but not limited to, expenses for:

(1) education;

(2) housing;

(3) transportation;

(4) employment, training, and support;

(5) assistive technology and personal support services;

(6) health, prevention and wellness, financial management, and administrative expenses;

(7) legal fees;

(8) oversight and monitoring; and

(9) funeral and burial expenses.

6.Refer to Oklahoma Administrative Code 340:50-7-31 for a list of allowable medical expenses.

340:20-1-12. Applications

Revised 6-1-119-1-18

Households apply for the Low Income Home Energy Assistance Program (LIHEAP) using computer-generated Application for Low Income Home Energy Assistanceby submitting an online application via www.okdhslive.org or calling 405-487-5483 to apply by phone or to request Form 08LH002E, Application for Low Income Home Energy Assistance Program (LIHEAP) – Walk-In Application with the exception of households that have been pre-authorizedbe mailed.When Form 08LH002E is mailed to the household with a postage paid envelope, the application must be completed and returned to the email or fax number on the form or mailed to the return address on the postage paid envelope.¢ 1

(1) Households pre-authorized for the LIHEAP winter heating or summer cooling programs are approved without filing an application.Households pre-authorized for LIHEAP are households who received State Supplemental Payment (SSP), Temporary Assistance for Needy Families (TANF), or Supplemental Nutrition Assistance Program (SNAP) benefits all 12 months of the previous year and met criteria in (A) through (D) of this paragraph.The household:

(A) received LIHEAP the previous year;

(B) address remains the same;

(C) income did not change or exceed eligibility guidelines for household size during the year; and

(D) members remain the same from the previous year.

(1)(2) TheA computer-generated applicationnotice is automatically mailed in November of each year for winter heating and June of each year for summer cooling to households receivingSupplemental Nutrition Assistance Program (not selected for preauthorization that receive SNAP) benefits, Temporary Assistance for Needy Families (TANF), and State Supplemental Payment (SSP) at the time of the mailing.The household must complete, sign, and return the application prior to approval or denial.The notice informs the household it may apply online at www.okdhslive.org or by calling 405-487-5483 to apply by phone or request Form 08LH002E, Low Income Home Energy Assistance Program (LIHEAP) Application, be mailed.¢ 1

(2) Households making an initial application for LIHEAP who are not receiving another benefit require an "N" number.Households requiring an "N" number must apply for LIHEAP through their local human services center (HSC) using Form 08LH002E.¢ 1

(3) Households applying for the Energy Crisis Assistance Program (ECAP), must complete, sign, and return Form 08LH002E regardless of other household benefits.

(4) Certain households may be pre-authorized for the LIHEAP winter heating or summer cooling programs without filing an application.Prior to pre-authorizing benefits, the system checks the household's eligibility using pre-authorization guidelines per OAC 340:20-1-19 and 340:20-1-20.When an application is denied, the household may request a fair hearing when it does not agree with the decision or submit a new application to reapply.

(5)(4) AWhen a household moves after applying for LIHEAP, a new application is not necessary.when a worker is notified of aHowever, the household must report the change of "service" address within 10-calendar days to the county office or by phoning okdhslive at 405-487-5483.The worker updates the address and vendor information on the case.

(6)(5) In order toTo ensure that payments are made to the correct energy supplier for gas and electricity, the household must provide the correct account name,andaccount number,for the appropriate utility billand energy supplier when submitting an application.For households using gas or electricity, it is necessary to see the household's most recent paid or unpaid bill or to obtain verification from the utility supplier.All households applying for Energy Crisis Assistance Program must also provide the most recent cut-off notice, notice of refusal to provide additional fuel, or verification of the fee to establish or re-establish service from an energy supplier.¢ 21

INSTRUCTIONS TO STAFF 340-20-1-12

Revised 6-1-119-1-18

1.The original or imaged copy of the computer-generated Application for Low Income Home Energy Assistance, or Form 08LH002E, Low Income Energy Assistance Program (LIHEAP) – Walk-In Application, is filed the case record and a copy is given to the applicant upon request.Applications and verification received in the county office must be scanned and/or imaged to the Oklahoma Department of Human Services Family Support Imaging 90L Inbox with the correct case number.Once the application is processed, centralized Low Income Home Energy Assistance Program staff sends the documentation to files.

2.A copy of the bill is filed or imaged in the case record, or verification from the energy supplier is recorded in the case record.

340:20-1-13. Verification

Revised 6-1-119-1-18

Prior to approving a household for the Low Income Home Energy Assistance Program (LIHEAP), program factors in (1) through (4) of this Section must be verified.When the applicant does not provide the verification at the time of application, the worker gives the applicant tenis given 10-calendar days to provide it.¢ 1

(1) Income and resources eligibility.The worker verifies incomeIncome and liquid resources are verified using the procedures per Oklahoma Administrative Code (OAC) 340:20-1-11.

(A) IfWhen all household members of the household are included in TANF Temporary Assistance for Needy Families, State Supplemental Payment, Child Care Subsidy benefits, SoonerCare (Medicaid) for the aged, blind, or disabled, or Supplemental Nutrition Assistance Paymentfood benefits, the most recent income and resource verification of income and resources is established by thatincluded in the case record for each household member is used.

(B) When some, but not all household members are included in other benefits, the household member(s) not included in other benefits must provide current verification of gross income and liquid resources.

(B)(C) All other applications have eligibility determination based on current month's income and resources of the total household.

(2) Vulnerability determination. To determine vulnerability, a household must show thatverify it is subject to the expense of home energy expenses.When a:

(A) A household payingpays energy costs directly to suppliers,establishes vulnerability is established by billing information on the utility statement.;

(B) A household whosehousehold's energy cost is included in the shelter payment and the household pays a surcharge for the utilities,must provide proof it is subject to the expense of home energy.Proofvulnerability may include abe established by an itemized statement from the landlord, a legally-binding lease agreement showing the surcharge, or a rent receipt designating inclusion ofthat the fuel cost is separate from the total shelter payment.; or¢ 2

(C) Subsidized households whosesubsidized household's heating and/or cooling costs are included in their rent but arethe shelter payment, the household isconsidered partially vulnerable when the household is assessed an energy surcharge must provideand provides documentation of the assessed surcharge.These households are considered partially vulnerable and eligible for LIHEAP, if they meet other eligibility criteria.

(3) Social Security numbers (SSN).AEach household member included in the benefit must provide a SSN for each household member when applying for LIHEAP including winter heating, energy crisis, and summer cooling.Household members for whom a SSN is not available must be referred to the appropriateor provide verification of a pending SSN application from the Social Security Administration (SSA) office for SSN enumeration per OAC 340:65-3-1(f).Household members who do not provide a SSN are not included in household size when determining the household's financial eligibility and benefit amount, but their gross income and resources are considered.

(4) Identity. The identity of the person making application must be verified.Identity may be verified through readily available documentary evidence, or ifwhen evidence is unavailable, through a collateral contact.Any documents whichthat reasonably establish the applicant's identity must be accepted and no requirement for a specific type of document, such as a birth certificate, may be imposed.Examples of acceptable documentary evidence that the applicant may provide include, but are not limited to:

(A) a driver license;

(B) a work or school identification (ID);

(C) an ID for health benefits, other assistance, or social service program;

(D) a voter registration card;

(E) wage stubspay checks; or

(F) a birth certificate.

INSTRUCTIONS TO STAFF 340:20-1-13

Revised 6-1-109-1-18

1.When verification is needed, the workercentralized Low Income Home Energy Assistance Program (LIHEAP) staff issues Form 08AD092E, Client Contact and Information Request, giving the household ten calendar days to provideto request necessary documentation.The tenis givenCentralized LIHEAP staff gives the applicant 10-calendar days is allowedto provide verification regardless of when staff are instructed to stop taking applications.When the applicant provides verification is provided within the ten10-calendar day period and the household is eligible for benefits, the workercentralized LIHEAP staff approves the application.Income determinationAcceptable income verification may be made byinclude, but is not limited to:

(1) income verification available in an active case record;

(2) pay checks or employer statements;

(3) the most recent federal income tax form or business records when self-employed;

(2)(4) SDX data exchange screens per Oklahoma Administrative Code 340:65-3-4;

(3)(5) award letters; and

(4)(6) similar datacourt orders.

2.Ifthe requiredWhen vulnerability verification is already included in the case record and the household has not moved, the worker uses that verification to determine vulnerabilitystaff does not request current verification.

340:20-1-15. OtherWeatherization assistance and other procedures

Revised 6-1-089-1-18

(a) Referral for low income weatherization assistance.Homeowner households who are eligible for Low Income Home Energy Assistance Program (LIHEAP) may be eligible for low income weatherization assistance through funds the Oklahoma Department of Human Services (OKDHS)(DHS) allocates to the Oklahoma Department of Commerce (ODOC) for the weatherization assistance program per Section 8623 of Title 42 of the United States Code.The actual weatherizationWeatherization services are provided locally through Community Action Agencies pursuant toper ODOC approval from ODOC.Renters are not eligible for LIHEAP weatherization services.

(1) TheDHS Adult and Family Support Services Division (FSSD) LIHEAP Section program field representative staff provides ODOC with a list of clients approved for LIHEAP.TheODOC staff transmit the list is then transmitted by ODOC to local Community Action Agencies for use in identifying homeowner households eligible for LIHEAP weatherization assistance.

(2) The local OKDHS human services center (HSC)Local AFS county office staff responds to direct inquiries from the local Community Action Agency or local weatherization contractor concerning the LIHEAP eligibility for LIHEAP of households not appearing on the list.

(3) The HSC accepts LIHEAP referrals from local contractors and expedites the processing of the LIHEAP application.

(4) The HSC county director sends representatives to projects and meetings of local contractors for intake and certification of potentially eligible individuals when, in the sole discretion of the HSC county director, this outreach can effectively and efficiently be accomplished.The HSC staff inquires about the condition of the LIHEAP applicant's residence and refers LIHEAP homeowner clients in need of weatherization services, and who have not received weatherization services in a prior year, to the Community Action Agency or the local weatherization contractor.

(b) Fair hearing.Fair hearing rules atper Oklahoma Administrative Code (OAC) 340:2-5 that apply to the Temporary Assistance for Needy Families (TANF) categoryProgram also apply to LIHEAP, except that immediate adverse action may be taken on open casesLIHEAP benefits without an advance notice.Because of the emergency situation that may exist, a request for aLIHEAP fair hearing request is expedited.¢ 1

(c) Overpayments.When HSC staff determines an overpayment existsoccurs, the workercentralized AFS LIHEAP staff submits a memo explaining the overpayment to the FSSDAFS LIHEAP Sectionprogram field representative staff explaining the overpayment circumstances, including the date, amount, and reason the overpayment occurred.¢ 2

(d) Referral for vendor fraud.When HSCcentralized AFS LIHEAP or county staff becomes aware of situations where athat a vendor acceptsaccepted DHS payment from OKDHS on behalf of a household, but failsfailed to provide service, either wholly or in part, as legally required, HSC staff contacts the FSSDinforms AFS LIHEAP Sectionprogram field representative staff.or potential referral to the OKDHSAFS LIHEAP program field representative staff determines whether to make a referral to the DHS Office of Inspector General (OIG)for investigation.

(e) Transfers.Cases being transferredTransferred cases do not normally need to be closed.¢ 3

INSTRUCTIONS TO STAFF 20-1-15

Revised 11-1-139-1-18

1.The county directorAdult and Family Services (AFS) Low Income Home Energy Assistance Program (LIHEAP) program field representative staff reviews cases appealed based on an alleged administrative error and either directsmakes needed corrections or refersprepares for athe fair hearing.

2.(a) When the worker determines an overpayment exists, the worker sends a memo to the Adult and Family Services (AFS) Low Income Home Energy Assistance Program (LIHEAP) staff that includes the date, overpayment amount, and reason the overpayment occurred.

(b) AFS LIHEAP program field representativestaff evaluates the validity of the overpayment, and, when possible, contacts the utility vendor to recoup the overpayment.When it is not possible to recoup the overpayment from the utility vendor, AFS LIHEAP program field representative staff sends the memo to the AFS Benefit Integrity and Recovery Section to establish the overpayment against the client.

3.The same procedures for transferring LIHEAP cases are used as in other assistance categories.

340:20-1-17. Energy Crisis Assistance Program (ECAP)

Revised 7-1-129-1-18

(a) ECAP funds.Based upon previous years' program experience, reasonable funds are reserved until March 15 of each year for Energy Crisis Assistance Program (ECAP) to resolve energy crisis situations to prevent disconnect of service when the household has a 72-hour cut-off notice, restore or start service, or provide a minimum delivery of propane or other heating fuel per Section 8623(c) of Title 42 of the United States Code (42 U.S.C. § 8623(c)). ¢ 1ECAP consists of two components:

(1) a scheduled period in March of intermittent application periods each year; and

(2) year round assistance available on a case-by-case basis for households experiencing an energy crisis and a life-threatening medical situation.

(b) Maximum benefit amount.When the household applies for ECAP in March and outside of a regularly scheduled Low Income Home Energy Assistance Program (LIHEAP) application periodmore than once in the same fiscal year, the maximum benefit amount approved for bothall applications combined cannot exceed the amount shown per fiscal year for ECAP on Appendix C-7-A, Estimated Low Income Home Energy Assistance Program (LIHEAP) Benefit Level For All Households.

(c) ECAP application methods.AllHouseholds apply for ECAP applications must be made onby submitting an online application atwww.okdhslive.org or by calling 405-487-5483, to apply by phone or request Form 08LH002E, Low Income Home Energy Assistance Program (LIHEAP)Walk-In Application be mailed.When Form 08LH002E is mailed to the household with a postage paid envelope, the application must be completed and returned to the email or fax number on the form or mailed to the return address on the postage paid envelope.Applications are approved or denied by:

(1) human services center (HSC)centralized Adult and Family Services (AFS) LIHEAP staff when applications are made during thean intermittent ECAP application period in March for energy crises only and energy crises that do not involve a life-threatening medical situation; and

(2) Family Support Services Division (FSSD)AFS LIHEAP Sectionprogram field representative staff for energy crises that involveinvolving a life-threatening medical situation occur outside of the regularly scheduled LIHEAP application periods in March, July, and Decemberthrough out the year.

(d) Primary energy source.Households may choose heating or cooling as the primary energy source unlessfor ECAP is approved to meet a life-threatening medical situationwhen the household's main energy source meets criteria per (e)(2) of this Section.When a life-threatening medical situation is involved, the household must choose the energy source that resolves the energy crisis and the life-threatening medical situation.When the household chooses:

(1) heating, the heating energy source may be electric, natural gas, propane, kerosene, wood, coal, or heating oil; or

(2) cooling, the household must choose electricity as the primary cooling energy source.

(e) Eligibility criteria.EligibilityECAP eligibility criteria are detailed in (1) through (5) of this paragraphsubsection.

(1) Households with an energy crisis must not exceed the income and liquid resource standards onper Oklahoma Department of Human Services (OKDHS)(DHS) Appendix C-7, Low Income Home Energy Assistance Program Income and Resource Level by Household Size.Income and resourceHouseholds must meet the same income and resource criteria for ECAP are the same as for heating and cooling assistance per Oklahoma Administrative Code (OAC) 340:20-1-11.

(2) HouseholdHouseholds must have a verified energy crisis.¢1An energy crisis exists when:

(A) service was discontinued or terminateddisconnected by the energy supplier,or the householdreceived:;

(A)(B) the household received a notice of a scheduled cut-off within 72 hours;

(B)(C) the household received a notice of a refusal to provide additional energy needs by the supplier whenand the household's fuel supply of fuelis or will be depleted within 72 hours or less; or

(C)(D) the household provides information regarding a fee for a new connection.

(3) The household must have experienced a precipitating factor that caused the household to choose between paying the energy bill and another vital household need.¢ 2

(A) Acceptable factors preventing payment of the energy bill include, but are not limited to, temporary or short-term situations causingthat caused the household to make a choice between paying the energy bill and:

(A)(i) purchasing sufficient food for the household;

(B)(ii) paying for emergency situations, such as medical expenses or disaster recovery; or

(C)(iii) providing clothing for children in the household.

(B) When the household was approved for the maximum ECAP payment during the most recent fiscal year, no further ECAP payments are made during the same fiscal year.

(C) Households approved for less than the maximum ECAP payment, may be approved for another ECAP payment during the same fiscal year provided the total approved for all payments does not exceed the maximum ECAP payment per DHS Appendix C-7-A.Per 42 U.S.C. § 8624(b)(16),an additional ECAP payment is not approved for the same fiscal year when the household:

(i) refuses to participate in budget counseling and home energy conservation workshops provided by Community Action agencies;

(ii) has not shown any progress in improving its situation; or

(iii) has not made an effort to maintain current utility bills.

(4) The workerhousehold must verifyexplain why the energy crisis need cannot be met by available income and liquid resources, even ifwhen income and liquid resources are equal to or below the standard per Appendix C-7.¢ 3

(5) When the ECAP benefit amount is insufficient to establish, restore, or prevent the cut-off of the household's energy source,ECAP is authorized only when the amount of the ECAP payment, combined with whatever other resources that are available or can be developed, are sufficient to establish, restore, or prevent the cut-off of the energy service for the household to meet the energy crisis.IfWhen a feasible plan cannot be developed, the worker denies the ECAP application is denied.¢ 34

(f) ECAP payment requirements.Additional procedural criteria the worker must followECAP payment requirements are included in (1) through (3)(4) of this paragraphsubsection.

(1) The authorized ECAP benefit for ECAP is limited to the amount necessary to connect, restore, or maintain energy service to the household, up to the established maximum for the program year, per Appendix C-7-A.¢ 45

(2) OKDHSDHS makes payments for crisis assistance directly to energy suppliers with rare exceptionsunless the energy supplier is not designated to receive direct payments from DHS.¢ 56

(3) The authorized benefit cannot include the cost of propane or butane tank delivery.¢ 7

(4) When other utilities are included with the heating or cooling bill, such as water, sewer, or trash, the authorized benefit cannot include the other utility charges.In this situation, the applicant must provide a utility bill that itemizes the charges for each utility or this information must be obtained from the energy supplier.When the client is unable to pay the other utility costs and the provider is unwilling to continue heating or cooling service, the application is denied until the applicant provides verification that the other utilities were or can be paid.

(g) Timeliness requirement.OKDHS staff must approve or denyPer 42 U.S.C. § 8623(c), an ECAP application for an energy crisis thatis considered timely processed when it is approved or denied within:¢ 68

(1) 18 hours of receipt of a complete application when the energy crisis involves a life-threatening medical situation within 18 hours of receipt of the application.A complete application means the application is signed and submitted and all verification is provided.¢ 79

(A) To be considered a life-threatening emergency, the energy crisis must involve the energy source required:

(i) for life-saving medical equipment to be operational.¢ 79The medical equipment must be prescribed by a licensed health care professional and require electricity to operate.When the medical equipment has an available battery backup in case of an electricity outage, the situation is not considered life-threatening.The client must provide medical records or a health care professional statement dated within the last six months verifying that the medical equipment is prescribed and a battery backup is not available.Examples of life-saving medical equipment include, but are not limited to:¢ 10

(I) a kidney dialysis machine;

(II) an iron lung;

(III) an oxygen concentrator or other type of oxygen machine; or

(IV) a cardiac monitor; or

(ii) to power heating or air conditioning equipment when the temperature is predicted to be life-threatening when the energy source is not functioning.To be considered life threatening, the temperature on the disconnection date must be predicted to be:

(I) a heat index of at least 101 degrees in summer months; or

(II) 32 degrees or lower during day time hours and/or 20 degrees or lower during night time hours in winter months.

(B) Authority for designating a crisis situation as life-threatening is limited to a:

(A)(i) physicianlicensed health care professional; or

(B)(ii) public health official;

(C) licensed practitioner of the healing arts; or

(D) county director; and

(2) 48 hours of receipt of a complete application when the energy crisis does not involve a life-threatening situation within 48 hours of receipt of the application.

INSTRUCTIONS TO STAFF 340:20-1-17

Revised 7-1-129-1-18

1.Verification of crisis situations is recorded in the case record.AllCentralizedAdult and Family Services (AFS) Low Income Home Energy Assistance Program (LIHEAP) staff documents how the energy crisis was verified in Family Assistance/Client Services (FACS) case notes and images forms are filed in chronological order in the LIHEAP section ofand verification in the case record.

2.The workerCentralized AFS LIHEAP staff must document in FACS case notes:

(1) whythe reason the household gave for not payingthe energy bill; and

(2)has not been paid in the case record.The Family Support Services Division (FSSD) LIHEAP Section is available for consultation when staff need assistance in determining whetherif the reason given is acceptable.

3.Centralized LIHEAP staff documents the applicant's explanation in FACS case notes.

34.The workerWhen the energy crisis payment is insufficient to meet the household's energy crisis, centralized AFS LIHEAP staff must document the plan in the case recordhow the remainder of the energy bill will be met in FACS case notes.

45.The worker advises the household andCentralized AFS LIHEAP staff informs the energy supplier this is the onlyof the payment amount Oklahoma Department of Human Services (OKDHS)(DHS) will make for thisthe household.The household receives a computer-generated notice explaining the payment amount or reason for denial.

56.Examples of when it is acceptable to authorize payment directly to the eligible household include when there is no local supplier of the household's primary energy source or the household uses a supplier that does not accept payment from OKDHS.In the rare instances where this occursWhen direct payment cannot be made to the vendor, the worker approvesapproved payment may be made directly to the household by entering the client's name and Social Security number as that of the vendoron an Oklahoma MasterCard debit card or, when the household receives Temporary Assistance for Needy Families or State Supplemental Payment cash assistance by direct deposit, payment may be made through direct deposit in the same bank account per Oklahoma Administrative Code (OAC) 340:65-3-6 debit card and direct deposit procedures.

7.The household must work out a payment plan for the tank delivery fee with the utility supplier.

68.Following verification of the crisis and determination of eligibility, the certifying workercentralized AFS LIHEAP staff contacts the fuel supplier to:

(1) contacts the fuel supplier as soon as possible to request delivery of fuel; verify the amount necessary to connect, restore, or maintain energy service; and

(2) completes Form 08LH003E, Notice of Eligibility For Energy Crisis Assistance, listing and providespledge the appropriate benefit amount from the OKDHSrequired amount, up to the maximum benefit amount available to the household, per DHS Appendix C-7-A, Estimated LIHEAP Benefit Level For All Households; and

(3) emails or faxes the completed Form 08LH003E to the supplier.

79.The workerAFS LIHEAP program field representative staff must document in detail in FACS case notes or in the case record why a crisis is considered life-threatening.

10.Equipment not considered life-sustaining include, but is limited to a:

(1) hot water heater;

(2) refrigerator;

(3) stove;

(4) nebulizer that is battery-driven, hand-driven, or self-contained; or

(5) battery-driven apnea monitor; or

(6) battery-driven cardiac monitor.

340:20-1-19. Winter heating

Issued 6-1-109-1-18

(a) Selected households already approved for other benefits administered by theOklahoma Department of Human Services (DHS) Adult and Family Support Services Division (FSSD) are normally pre-authorized during October of each year without filing an application.Households pre-approved for the Low Income Home Energy Assistance Program (LIHEAP) are those who received a State Supplemental Payment (SSP), Temporary Assistance for Needy Families (TANF), or Supplemental Nutrition Assistance Program (SNAP) benefits all 12 months of the previous year and met all the criteria shown in (1) through (3)(4) of this subsection.The household:

(1) The household received LIHEAP the previous year.;

(2) The address remainedremains the same.;

(3) The income did not exceed eligibility guidelines for household size during the year.; and

(4) members remain the same from the previous year.

(b) Households who do not meet preauthorization criteria must complete an application per Oklahoma Administrative Code (OAC) 340:20-1-12.

(c) The heating assistance part of the LIHEAP normally begins the first working day in December, and applications are taken until allocated funds are expended per Section 8624 of Title 42 of the United States Code.¢ 1

(d) Refer to Appendix C-7-A, Estimated Low Income Home Energy Assistance Program,for estimated benefit amounts.The benefit amount is based on the household's income level, household size, heating source, and if the heating bill is included in the rent amount or paid separately.

(1) The same payment schedule is used for unsubsidized renters and roomers with utilities included in their rent andas for households whose energy source is wood, coal, heating oil, or kerosene, except thatpayments.Payments for unsubsidized renters and roomers who pay a surcharge for utilities included in their rent are made directly to approved households.

(2) Acceptable verification of the surcharge may be established by an itemized statement from the landlord, a legally-binding lease agreement showing the surcharge, or a rent receipt designating that the fuel cost is separate from the total shelter payment.

(e) Primary sources of home energy for heating include natural gas, electricity, propane, firewood, kerosene, coal, or butane.

(1) LIHEAP payments are made for utility expenses, deposits, and reconnect charges applicable to the household's primary source of home energy.If bothWhen the utility supplier receives payment from the client and Oklahoma Department of Human Services (OKDHS) paidDHS for reconnect charges or deposits, the utility supplier must reimburse the client for those charges.

(2) When other utilities, such as water, sewer, or trash, are included with the fuel bill and the amount for the primary source of home energy cannot be identified, or when the fuel vendor only accepts payment for the combined amount, the combined amount may be paid through LIHEAPthe authorized benefit cannot include the other utility charges.In this situation, the applicant must provide a utility bill that itemizes the charges for each utility or this information must be obtained from the energy supplier.

(f) Payments are not made for blankets, emergency repair on the home, new or additional heating equipment, or heating appliances.Propane tank rental and delivery charges are not covered, ifwhen they are identifiable.

(g) When direct payment cannot be made to the energy supplier, approved payment may be made directly to the household on a debit card or, when the household receives TANF or SSP cash assistance by direct deposit, payment may be made through direct deposit in the same bank account per OAC 340:65-3-6 debit card and direct deposit procedures.

Issued 6-1-10

1.(a)After certification, one payment is made directly to the designated supplier of the primary source of home heating on behalf of approved households responsible for their own utilities unless a situation arises whichthat may necessitate two or more payments. Examples of situations that may necessitate two or more payments include a delay in federal funding, release of contingency funds by the President of the United States, and similar situations.

(b) Payments are made weekly for the duration of the program.

340:20-1-20. Summer cooling

Revised 7-1-129-1-18

(a) Selected households already approved for other benefits administered by the Oklahoma Department of Human Services (DHS) Adult and Family Support Services Division (FSSD) are normally pre-authorized during June of each year.Households pre-approved for the Low Income Home Energy Assistance Program (LIHEAP) are those who received a State Supplemental Payment (SSP), Temporary Assistance for Needy Families (TANF), or Supplemental Nutrition Assistance Program (SNAP) benefits all 12 months of the previous year and met all the criteria shown in (1) through (3)(4) of this subsection.The household:

(1) The household received LIHEAP the previous year.;

(2) The address remainedremains the same.;

(3) The income did not exceed eligibility guidelines for household size during the year.; and

(4) members remain the same from the previous year.

(b) Households not meeting preauthorization criteria must complete an application per Oklahoma Administrative Code (OAC) 340:20-1-12.

(c) The cooling assistance part of the Low Income Home Energy Assistance Program (LIHEAP) normally begins mid- in July, and applications are taken until allocated funds are expended per Section 8624 of Title 42 of the United States Code.¢ 1

(d) Refer to Appendix C-7-A, Estimated Low Income Home Energy Assistance Program,for estimated benefit amounts.The benefit amount is based on the household's income level, household size, cooling source, and if the cooling bill is included in the rent amount or paid separately.

(d)(1) The same payment schedulebenefit amount is usedapproved for unsubsidized renters and roomers with utilities included in their rent andas for households whose energy source is wood, coal, heating oil, or kerosene. except that payments.Payments for unsubsidized renters and roomers who pay a utility surcharge included in the rent are made directly to approved households.

(2) Acceptable verification of the surcharge may be established by an itemized statement from the landlord, a legally-binding lease agreement showing the surcharge, or a rent receipt designating that the fuel cost is separate from the total shelter payment.

(e) The primary home energy source for cooling is electricity.

(1) LIHEAP payments are made for utility expenses, deposits, and reconnect charges applicable to the household's primary source of home energy.When the utility supplier receives payment from the client and DHS for reconnect charges or deposits, the utility supplier must reimburse the client for those charges.

(2) When other utilities are included with the fuel bill, such as water, sewer, or trash,the authorized benefit cannot include the other utility charges.In this situation, the applicant must provide a utility bill that itemizes the charges for each utility or this information must be obtained from the energy supplier.

(e)(f) Payments may be made to purchase cooling equipment such as fans and window air conditioning units or to repair existing cooling equipment.

(g) When direct payment cannot be made to the energy supplier, approved payment may be made directly to the household on a debit card or, when the household receives TANF or SSP cash assistance by direct deposit, payment may be made through direct deposit in the same bank account per OAC 340:65-3-6 debit card and direct deposit procedures.

INSTRUCTIONS TO STAFF 340:20-1-20

Issued 7-1-10

1.(a) After certification, one payment is made directly to the designated electricity supplier for the home on behalf of approved households responsible for their own utilities unless a situation arises whichthat may necessitate two or more payments. Examples of situations that may necessitate two or more payments include a delay in federal funding, release of contingency funds by the President of the United States, and similar situations.

(b) Payments are made weekly for the duration of the program.