COMMENT DUE DATE:
February 5, 2008
DATE:
January 23, 2008
Laura Brown FSSD (405) 521-4396
Dena Thayer PMU Manager (405) 521-4326
Pat McCracken PMU Specialist (405) 522-1017
RE:
APA WF 07-39
The proposed policy is Permanent . This proposal will go to the Commission meeting on
Chapter 20. Low Income Home Energy Assistance Program
Subchapter 1 Low Income Home Energy Assistance Program
OAC 340:20-1-3 through 340:20-1-4 [AMENDED]
OAC 340:20-1-7 [AMENDED]
OAC 340:20-1-11 [AMENDED]
OAC 340:20-1-13 [AMENDED]
OAC 340:20-1-15 [AMENDED[
OAC 340:20-1-17 [AMENDED]
SUMMARY:The proposed revisions to Subchapter 1 of Chapter 20 amend the rules to: (1) correct when Low Income Home Energy Assistance Payments (LIHEAP) are made; (2) clarify how income eligibility is determined; (3) remove resource standards for the program as they are shown on an Oklahoma Department of Human Services (OKDHS) appendix instead; (4) remove reference to an obsolete form (4) add clarifying language; (5) use current terminology; and (6) show current form names and numbers.
340:20-1-3 is amended to: (1) correct when payment is made; and (2) provide clarifying language.
340:20-1-4 is amended to update language to current terminology.
340:20-1-7 is amended to add clarifying and updated language to current terminology.
340:20-1-11 is amended to: (1) add clarifying language regarding how income eligibility is determined; (2) update language to current terminology; (3) show current form names and numbers; and (4) remove resource standards for the program as they are shown on an appendix instead.
340:20-1-13 is amended to: (1) add clarifying language; (2) update language to current terminology; and (3) remove reference to an obsolete form.
340:20-1-15 is amended to: (1) add clarifying language; and (2) update language to current terminology.
340:20-1-17 is amended to: (1) remove reference to expedited services since LIHEAP payments are now made weekly; (2) add clarifying language; (3) show current form names and numbers; and (4) update language to current terminology.
PERMANENT APPROVAL:Permanent rulemaking approval is requested.
LEGAL AUTHORITY:Commission for Human Services, Article XXV, Sections 2, 3, and 4 of the Oklahoma Constitution; Sections 96.80 through 96.89 of Title 45 of the Code of Federal Regulations and Public Law 97-35, as amended.
To:Dena Thayer, Programs Administrator
Policy Management Unit
From:Mary Stalnaker, Division Director
Family Support Services Division
Date:December 7, 2007
Re:Chapter 20.Low Income Home Energy Assistance Program
Subchapter 1 Low Income Home Energy Assistance Program
OAC 340:20-1-3 [AMENDED]
OAC 340:20-1-4 [AMENDED]
OAC 340:20-1-7 [AMENDED]
OAC 340:20-1-11 [AMENDED]
OAC 340:20-1-13 [AMENDED]
OAC 340:20-1-15 [AMENDED[
OAC 340:20-1-17 [AMENDED]
(Reference APA WF 07-39)
Contact:Laura Brown, 405-521-4396
A.Brief description of the purpose of the proposed rule:
Purpose.The proposed revisions to Subchapter 1 of Chapter 20 amend the rules to: (1) correct when Low Income Home Energy Assistance Payments (LIHEAP) are made; (2) clarify how income eligibility is determined; (3) remove resource standards for the program as they are shown on the appendix instead; (4) remove reference to an obsolete form (4) add clarifying language; (5) use current terminology; and (6) show current form names and numbers.
Strategic Plan impact.The proposed rules achieve OKDHS goals by continuously improving systems and processes to achieve OKDHS efficiency.
Substantive changes.
340:20-1-3 is amended to: (1) correct when payment is made and (2) provide clarifying language.
340:20-1-4 is amended to update language to current terminology.
340:20-1-7 is amended to add clarifying and updated language to current terminology .
340:20-1-11 is amended to: (1) add clarifying language regarding how income eligibility is determined; (2) update language to current terminology; (3) show current form names and numbers; and (4) remove resource standards for the program as they are shown on an appendix instead.
340:20-1-13 is amended to: (1) add clarifying language; (2) update language to current terminology; and (3) remove reference to an obsolete form.
340:20-1-15 is amended to: (1) add clarifying language and (2) update language to current terminology.
340:20-1-17 is amended to: (1) remove reference to expedited services since LIHEAP payments are now made weekly; (2) add clarifying language; (3) show current form names and numbers; and (4) update language to current terminology.
Reasons.These revisions are being proposed to provide staff with clear and concise rules to facilitate the accurate delivery of benefits and services to persons who are in need which includes updating terminology and forms and how LIHEAP payments are made.
Repercussions.The proposed rules will have no negative impact if they are not implemented.
Legal authority.Commission for Human Services, Article XXV, Sections 2, 3, and 4 of the Oklahoma Constitution; Sections 96.80 through 96.89 of Title 45 of the Code of Federal Regulations and Public Law 97-35, as amended.
Permanent approval.Permanent rulemaking approval is requested.
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 rules are OKDHS county staff and persons receiving LIHEAP. 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: The classes of persons who will benefit are LIHEAP households and OKDHS staff .
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:The revised rules do not have an economic impact on the affected entities. There are no fee changes associated with the revised rules.
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 OKDHS includes the cost of printing and distributing the rules, which is estimated to be less than $20, which is included in the OKDHS budget. The revised rules will result in enhanced delivery of services to LIHEAP households.
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 rules 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 rules.
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 non-regulatory methods or less intrusive methods for achieving the purpose of the proposed rule:There are no less costly or nonregulatory methods or less intrusive methods for achieving the purpose of the proposed rules.
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:Implementation of the proposed rules will have a positive impact on the health, safety, and well-being of LIHEAP households.
J.A determination of any detrimental effect on the public health, safety, and environment if the proposed rule is not implemented: If the proposed rules are not implemented, there will be no detrimental effect on the public health, safety, and environment if the proposed rule is not implemented.
K.The date the rule impact statement was prepared and, if modified, the date modified: Prepared December 7, 2007. Modified.
SUBCHAPTER 1. LOW INCOME HOME ENERGY ASSISTANCE PROGRAM
340:20-1-3. Scope
Revised 12-1-97 6-1-08
(a) The operation of the entire 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) Selected ABCDS cases households already approved for other benefits administered by the Family Support Services Division (FSSD) are normally pre-authorized during October.¢ 1All other households must complete an application.
(1) The Heating Assistance Program heating assistance part of LIHEAP normally begins the first working day in December, and applications are taken for a month or less.
(2) One After certification, one payment is made in February 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 which might may necessitate two or more payments. Examples of situations that might may necessitate two or more payments include a delay in federal funding, release of contingency funds by the President, and similar situations.
(3) Payments are made weekly for the duration of the program.
(c) The same payment schedule in (b) of this Section is used for unsubsidized renters and roomers with utilities included in their rent and for households whose energy source is wood, coal, heating oil, or kerosene, except that payments are made directly to approved households.
(d) Primary sources of home energy 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 households household's primary source of home energy.Reconnect If both the client and OKDHS paid reconnect charges or deposits, that have been paid with program funds must be reimbursed by the utility supplier to must reimburse the client for those charges.
(2) When other utilities 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 LIHEAP.
(e) 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, if they are identifiable.
INSTRUCTIONS TO STAFF 340:20-1-3
Issued 6-1-08
1.Households preapproved for the Low Income Home Energy Assistance Program (LIHEAP) are those who received benefits all 12 months of the previous year and met all the criteria shown in (1) through (4).
(1) The household received LIHEAP the previous year.
(2) The address remained the same.
(3) The household size remained the same.
(4) The income did not change during the year.
340:20-1-4. Coordination with Native American energy programs
Revised 12-1-97 6-1-08
Applications are accepted and processed from members of Native American tribes which have been approved to administer their own program (see DHS Appendix D-4-b).¢ 1Steps are taken The Oklahoma Department of Human Services (OKDHS) coordinates with the Oklahoma Indian Affairs Commission to prevent duplication of assistance.¢ 1 2
(1) Any Native American household that has applied for Low Income Home Energy Assistance Program (LIHEAP) payments through the tribal agency is not eligible for LIHEAP certification through DHS OKDHS regardless of whether they have expended their tribal LIHEAP maximum authorized amount.
(2) If the When a Native American household applies first through DHS OKDHS for LIHEAP or is a member of a tribe that does not have its own LIHEAP program, they are given the same consideration as any other household.If a tribal member is approved for the DHS OKDHS LIHEAP and later wants to apply for a tribal LIHEAP, the DHS OKDHS certification is canceled, as long as payment has not already been made.
INSTRUCTIONS TO STAFF 340:20-1-4
Revised 12-1-97 6-1-08
1.See Oklahoma Department of Human Services (OKDHS) Appendix 08AX033E, Oklahoma Indian Tribes Administering Their Own LIHEAP Program.
12.The DHS State Office will provide OKDHS Family Support Services Division Low Income Home Energy Assistance Program Section staff provides the Oklahoma Indian Affairs Commission a cumulative list by county and tribe of the Native American households that have been certified for LIHEAP.To prevent Native American households from receiving duplicate payments, the county local human services center staff must verify with the tribal agency that the Native American household is not receiving LIHEAP assistance through the tribe, either through current lists provided by the tribal agency or by telephone arrangement.
340:20-1-7. Outreach
Issued 12-15-92 6-1-08
It is the responsibility of the County Administrator coordinate outreach by providing The Oklahoma Department of Human Services (OKDHS) provides information and presenting programs presentations regarding the Low Income Home Energy Assistance Program (LIHEAP) to interested individuals and community agencies such as Community Action Agencies and the local service providers, public and private organizations serving and representing elderly and handicapped persons, federal government offices, home energy suppliers, the public education system, local law enforcement agencies, community-based organizations and the mass media.The outreach efforts are to continue for the duration of the program for the duration of the program.¢ 1
INSTRUCTIONS TO STAFF 340:20-1-7
Issued 6-1-08
1.It is the responsibility of the county director in each human services center to coordinate outreach to interested individuals and community agencies.Examples of agencies include:
(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.
340:20-1-11. Income and liquid resources
Revised 10-1-03 6-1-08
(a) Income.Gross All gross earned and unearned income received by the household is considered in determining financial eligibility except for those income sources shown at (b) of this Section.Eligible households must meet the income standard less exclusions are considered in determining financial eligibility the earned income deduction as shown on Oklahoma Department of Human Services (OKDHS) Appendix 08AX039E, Low Income Home Energy Assistance Program Income and Resource Level by Household Size.
(1) Income which is received on an annual basis is prorated over 12 months to arrive at the average monthly income.
(2) If the income is not received on a regular monthly basis, refer to OAC 340:10-3-31.
(3) Total income is rounded to the nearest dollar.
(4) When an individual's income is reduced due to recoupment of an overpayment or garnishment, the gross amount before the recoupment or garnishment is considered.
(5) When an illegal alien is part of an eligible household, the countable portion of earned and unearned income of an illegal adult alien countable for household his or her income is computed as outlined in (1) - (4) (A) through (E) of this subsection.
(1)(A) Deduct $120 for each employed household member from the gross earned income.For each employed household member, subtract the earned income deduction as shown on Appendix 08AX039E.
(2)(B)Add the unearned income of the illegal alien.
(3)(C) Subtract the need standard on Oklahoma Department of Human Services OKDHS Appendix C-1 08AX001E, Schedule of Maximum Income, Resource, and Payment Standards Schedule IX, for the appropriate number of persons.Persons counted for the need standard are the illegal alien and his or her illegal alien dependents who:
(A)(i) are claimable for federal personal income taxes;
(B)(ii) live in the same household; and
(C)(iii) are not included in determining the Low Income Home Energy Assistance Program (LIHEAP) benefit level because they are illegal aliens.
(4)(D) Subtract the actual amounts paid by the illegal alien to dependents not living in the household as well as actual child support and alimony payments to non-household members.
(E) This The remaining amount is the amount considered available to the household members eligible for LIHEAP household.
(b) Income disregards.In determining income, disregard:
(1) the food stamp benefit amount under the Food Stamp Act of 1977;
(2) any payment received under Title II of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970;
(3) educational grants, including work study, or scholarships, that are contingent upon the student regularly attending school.The student's classification, whether graduate or undergraduate, is not a factor;
(4) loans, regardless of use, if 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 an individual or financial institution in the loan business.
(B) If 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 payments including judgment 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.Also, disregard 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.Any per capita payments, for example, headrights of Osage tribe, income from mineral leases, or other tribal business ventures, are disregarded as long as they meet the distribution requirements as stated in this paragraph.However, any Any interest or income derived from the principal or produced by purchases made with the funds after distribution is considered as any other income;
(6) special allowance for school expenses made available upon petition in writing from trust funds of the student;
(7) benefits from State and Community Programs on Aging [Title III].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 income;
(8) unearned income received by a child receiving Temporary Assistance for Needy Families (TANF), such as a needs based payment, cash assistance, compensation in lieu of wages, or allowance, from a program funded by the Workforce Investment Act (WIA) including Job Corps income, and WIA earned income received as wages, not to exceed six months in any calendar year;
(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 1973, 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;
(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, 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 disregarded if the uniform is uniquely identified with company name or logo;
(17) advance payments of Earned Income Tax Credit (EITC) or 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 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) Medicare buy-in premium;
(22) work related expenses that are applicable under the TANF Program;
(23) payments made by others on the household's behalf;
(24) in-kind benefits received by an employee from an employer in lieu of wages or in conjunction with wages;
(25) payments made under the Radiation Exposure Compensation Act (P.L. 101-426) enacted October 15, 1990;
(26) federal major disaster and emergency assistance provided under the Disaster Relief Act of 1974, and comparable disaster assistance provided by states, local governments, and disaster assistance organizations;
(27) interests of individual Native Americans in trust or restricted lands;
(28) income up to $2,000 per year received by individual Native Americans, which is derived from leases or other uses of individually-owned trust or restricted lands.Any remaining disbursements from the trust or the restricted lands are considered as income;
(29) payments made to individuals because of their status as victims of Nazi persecution; and
(30) monetary allowances as described in United States Code (USC) Section 1823(c) of Title 38 of the United States Code (USC) provided to certain individuals who are children of Vietnam War veterans.
(c) Resources.Liquid resources, such as cash on hand, checking or savings accounts, certificates of deposits, stocks or bonds, cannot exceed the allowable resource level as shown on OKDHS Appendix 08AX039E.For households that are not categorically eligible, liquid resources cannot exceed $2,000 for one person, $3,000 for two persons and $50 for each additional person in the household.The applicant's statement is accepted as verification unless the information received is inconsistent or questionable.
340:20-1-13. Verification
Revised 12-31-98 6-1-08
(a) Income and resources eligibility.Income is verified for the Low Income Home Energy Assistance Program (LIHEAP) using the same procedures as for Temporary Assistance for Needy Families (TANF) at OAC 340:10-3.The client's statement regarding liquid resources is acceptable unless questionable.Determination may be made by case record, SDX, award letters, and similar documents.
(1) If all members of the household are included in the categorical case TANF, State Supplemental Payment, or food benefits, verification of income and resources is established by the that case record.
(2) All other applications have eligibility determination based on current month's income and resources of the total household.In those cases where an individual does odd jobs and it is not possible to verify income, Form LIHEAP-2, Declaration of Income, is used.¢ 1
(b) Vulnerability determination. To determine vulnerability, a household must show that it is subject to the expense of home energy.
(1) A household which pays energy costs directly to suppliers establishes vulnerability by billing information on the utility statement.
(2) Authorization for an eligible renter or roomer A household whose energy cost is included in the shelter payment must contain verification of this arrangement provide proof it is subject to the expense of home energy.The case file may be used for verification of categorical authorizations, if the file contains the required information.For those cases not verifying the arrangement and all non-categorical cases, proof, such as Proof may include a statement from the landlord or a rent receipt designating inclusion of fuel cost, is required.¢ 2
(3) Subsidized households whose heating costs are included in their rent but are assessed an "energy surcharge" must provide documentation of the assessed surcharge.These households are then considered partially vulnerable and are eligible for LIHEAP, if they meet other eligibility criteria.
INSTRUCTIONS TO STAFF 340:20-1-13
Revised 12-31-98 6-1-08
1.The client's statement regarding income and liquid resources is acceptable unless questionable.When the client's statement is questionable, verification is Income determination may be made by:
(1) case record,;
(2) SDX,;
(3) award letters,; and
(4) similar data.
2.A household which pays energy costs directly to suppliers establishes vulnerability by billing information on the utility statement.Authorization for an eligible renter or roomer whose energy cost is included in the shelter payment must contain verification of this arrangement.The case file may be used for verification of categorical authorizations if the file contains the required information.For those cases not verifying the arrangement and all non-categorical cases, proof, such as a statement from the landlord or a rent receipt designating inclusion of fuel cost, is required.Subsidized households whose heating costs are included in their rent but are assessed an "energy surcharge" must provide documentation of the assessed surcharge.These households are considered partially vulnerable and are eligible for LIHEAP if they meet other eligibility criteria.If the required verification is already included in the case record, the worker uses that verification to determine vulnerability.
340:20-1-15. Other procedures
Revised 12-1-97 6-1-08
(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 DHS Oklahoma Department of Human Services (OKDHS) allocates to the Oklahoma Department of Commerce (ODOC) for the weatherization assistance program.Renters are not eligible for LIHEAP weatherization services.The actual weatherization services are provided locally through Community Action Agencies pursuant to approval from ODOC.Renters are not eligible for LIHEAP weatherization services.
(1) The State Office Family Support Services Division (FSSD) LIHEAP Section staff provides ODOC with a listing list of clients approved for LIHEAP clients.The list is then transmitted by ODOC to the local community action offices Community Action Agencies for use in selecting identifying homeowner households eligible for LIHEAP weatherization assistance.
(2) The DHS county office local OKDHS human services center (HSC) staff responds to direct inquiries from the local Community Action Agency or local weatherization contractors contractor concerning the eligibility for LIHEAP of households not appearing on the listing list.
(3) The county office HSC accepts LIHEAP referrals from local contractors and expedite expedites the processing of the LIHEAP application.The county identifies homebound potential clients included in such referrals.
(4) The HSC county director sends representatives to projects and meetings of local contractors for intake and certification of potentially eligible individuals whenever when, in the sole discretion of the County Director HSC county director, this outreach can effectively and efficiently be accomplished.The county 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) Appeals Fair hearing.Appeals Fair hearing rules at OAC 340:2-5 that apply to the Temporary Assistance for Needy Families (TANF) category also apply to the Low Income Home Energy Assistance Program LIHEAP except that immediate adverse action may be taken on open cases without an advance notice.Because of the emergency situation that may exist for Expedited Services and ECAP, requests a request for hearings in these categories are a hearing is expedited.¢ 1County directors review cases appealed on the basis of an alleged administrative error and either direct needed corrections or refer for a fair hearing.
(c) Overpayments.When the county HSC staff determines an overpayment exists, the worker submits a memo explaining the overpayment is sent to the State Office, Family Support Services Division, Special Programs/LIHEAP FSSD LIHEAP Section.¢ 12All overpayments are used as part of the LIHEAP monitoring process rather than in a collection process.
(d) Referral for vendor fraud.If When the county HSC staff becomes aware of situations where a vendor accepts payment from DHS OKDHS on behalf of a household, but fails to provide service, either wholly or in part, as legally required, the State Office HSC staff contacts the FSSD LIHEAP Unit is contacted Section for potential referral to the DHS Audit Unit OKDHS Office of Inspector General (OIG).
(e) Transfers.Cases being transferred do not normally need to be closed.¢ 23
INSTRUCTIONS TO STAFF 20-1-15
Revised 12-1-97 6-1-08
1.The county director reviews cases appealed on the basis of an alleged administrative error and either directs needed corrections or refers for a fair hearing.
12.When the county worker determines an overpayment exists, the worker writes a brief report explaining the reason for the overpayment and sends the report to the State Office, Family Support Services Division, Special Programs/ Low Income Home Energy Assistance Program (LIHEAP) Section.
23.The same procedures are used for transferring LIHEAP cases as are used in other assistance categories.
340:20-1-17. Energy Crisis Assistance crisis assistance ¢ 1
Revised 10-1-03 6-1-08
(a) Energy Crisis Assistance crisis assistance.Energy crisis situations are handled through Expedited Services (ES) during the regular heating assistance program, and through the Energy Crisis Assistance Program (ECAP) in March.All applications for Energy Crisis Assistance Clients in a crisis situation must be made make application by contacting the local Oklahoma Department of Human Services (OKDHS) office human services center (HSC).¢ 1The procedures and eligibility conditions in (1) through (8) of this subsection apply to both ES and ECAP.
(1) If a household is approved for Energy Crisis Assistance, either ES or ECAP, assistance is provided to resolve the crisis situation, the application is processed within 48 hours from the time of the HSC receives the application.¢ 2
(2) If When the crisis situation is verified by a designated authority as life-threatening and the household qualifies for assistance, the application must be processed so that assistance is provided to resolve the crisis situation within 18 hours following receipt of the application provided, the household is eligible for crisis assistance benefits.¢ 2The life-threatening decision must be documented in detail in the case record.Authority for designating a crisis situation as life-threatening is limited to a:
(A) physician;
(B) public health official;
(C) licensed practitioner of the healing arts; or
(D) OKDHS HSC county director.
(3) Following verification of the crisis and determination of eligibility, the certifying worker contacts the fuel supplier as soon as possible to request delivery of fuel.Form LIHEAP-37-J, Notice of Eligibility For Energy Crisis Assistance, is then issued to the supplier or to the client to take to the supplier.
(4) ES and ECAP are utilized for households having an energy crisis who do not exceed the income and liquid resource standards.Income and resource criteria for Energy Crisis Assistance are the same as for heating assistance found in OAC 340:20-1-11 except if the energy crisis is due to garnishment or recoupmentof an overpayment, other than OKDHS, the garnishment or recoupment amount is subtracted to arrive at net income for ES or ECAP.
(5) A household that exceeds income and liquid resource standards is ineligible.Even if income and liquid resources are equal to or below the standard, the worker must verify that the energy crisis need cannot be met by available income and liquid resources.The household also must have had service discontinued or terminated by the seasonal primary energy supplier, or received:
(A) notice of a scheduled cut-off within 72 hours;
(B) notice of a refusal to provide additional energy needs by the supplier when supply of fuel willbe depleted within 72 hours or less; or
(C) information regarding fee for a new connection.
(6) The worker must ascertain why the energy bill has not been paid.For a household to be eligible for ES or ECAP, some precipitating factor must exist which caused the household's inability to pay their energy bill.Simply not paying the bill when there was no household crisis does not qualify a household for ES or ECAP.Factors preventing payment of the energy bill include, but are not limited to, situations causing the household to make a choice between paying the energy bill and:
(A) purchasing sufficient food for the household;
(B) paying for emergency situations such as medical expenses or disaster recovery; or
(C) providing clothing for children in the household.
(7) Counties must use discretion in determining what constitutes good cause for a household not paying the utility bill.Any practical reason is acceptable.If in doubt, the Family Support Services Division (FSSD), Low Income Home Energy Assistance Program (LIHEAP) Unit, is available for consultation.
(8) If the energy supplier will not establish or restore service for the amount of the ES or ECAP payment, combined with whatever other resource is available or can be developed, the crisis payment cannot be authorized.
(9) All payments for crisis assistance are made directly to energy suppliers with rare exceptions.¢ 2
(b) Expedited Services (ES).During the open application period in December, energy crisis situations are addressed by approving eligible households for ES.¢ 3
(1) A household approved for ES is not eligible for a heating assistance payment in February.¢ 4The ES benefit from the Estimated Benefit Level Matrix is the appropriate amount based on the best estimate by OKDHS of the total amount of federal funds that will be available in relation to the number of households expected to be approved.
(2) ES payments are made weekly after the heating assistance application period begins in December.The household benefit level for ES and heating assistance is the same unless it is necessary to adjust the heating assistance benefit, either up or down, before the February payment is made.
(cb) Energy Crisis Assistance Program (ECAP).¢ 5 Based upon previous years' program experience, reasonable funds are reserved until March 15 of each year for ECAP.All ECAP applications must be made on Form LIHEAP-1-B 08LH002E, Application for Low Income Home Energy Assistance.
(1) Eligibility criteria.
(A) Households with an energy crisis must not exceed the income and liquid resource standards on Oklahoma Department of Human Services (OKDHS) Appendix 08AX039E, Low Income Home Energy Assistance Program Income and Resource Level by Household Size.Income and resource criteria for ECAP are the same as for heating assistance found in OAC 340:20-1-11 with the exception of garnishment or recoupment of an overpayment.For ECAP, the garnishment or recoupment amount of income, other than OKDHS benefits, is subtracted to arrive at net income.
(B) The household must have had service discontinued or terminated by the seasonal primary energy supplier, or received:
(i) notice of a scheduled cut-off within 72 hours;
(ii) notice of a refusal to provide additional energy needs by the supplier when supply of fuel willbe depleted within 72 hours or less; or
(iii) information regarding fee for a new connection.
(C) For a household to be eligible for ECAP, some precipitating factor must exist which caused the household's inability to pay their energy bill.The worker must ascertain why the energy bill has not been paid.¢ 3Factors preventing payment of the energy bill include, but are not limited to, situations causing the household to make a choice between paying the energy bill and:
(i) purchasing sufficient food for the household;
(ii) paying for emergency situations such as medical expenses or disaster recovery; or
(iii) providing clothing for children in the household.
(D) The worker must verify that the energy crisis need cannot be met by available income and liquid resources, even if income and liquid resources are equal to or below the standard.
(E) If the energy supplier refuses to establish or restore service for the amount of the ECAP payment, combined with whatever other resource is available or can be developed, the ECAP payment cannot be authorized.
(F) In instances where the maximum amount of ECAP and other available emergency programs do not meet the crisis, the case must be documented as having a feasible plan for maintaining or restoring service before an ECAP payment can be authorized.
(2) Administrative procedures.
(A) The authorized benefit for ECAP is limited to a one-time-only payment for the amount necessary to connect, restore, or maintain energy service to the household.¢ 4
(B) OKDHS makes payments for crisis assistance directly to energy suppliers with rare exceptions.¢ 5
(C) The authorized benefit cannot include the cost of propane or butane tank delivery.In instances where the maximum amount of ECAP and other available emergency programs do not meet the crisis, the case must be documented as having a feasible plan for maintaining or restoring service before an ECAP payment can be authorized.
(D) Payment may only be authorized for the seasonal primary source of energy, although it is possible for the primary energy source to change in some situations.If an interim period of ECAP assistance is implemented, the client may choose the primary energy source.
(E) If a cooling program is implemented, payment is only authorized for the primary energy source for cooling.[OAC 340:20-1-10(b)]
INSTRUCTIONS TO STAFF 340:20-1-17
Revised 10-1-03 6-1-08
1.Verification of crisis situations is recorded in the case record.All Low Income Home Energy Assistance (LIHEAP) forms pertaining to Energy Crisis Assistance are filed in chronological order in the LIHEAP section of the case record.
2.For example, if no reliable wood supplier is available, it is permissible to send the payment directly to the eligible household by entering the client's name and Social Security number as that of the vendor.Such situations occur infrequently.The worker must use judgment in determining whether the client is a more reliable payee than any supplier available.Following verification of the crisis and determination of eligibility, the certifying worker:
(1) contacts the fuel supplier as soon as possible to request delivery of fuel;
(2) completes Form 08LH003E, Notice of Eligibility For Energy Crisis Assistance, listing the appropriate benefit amount from the Estimated Benefit Level Matrix;
(3) e-mails or faxes the completed Form 08LH003E to the supplier; and
(4) documents in detail the life-threatening decision in the case record.
3.Human services center (HSC) staff must use discretion in determining what constitutes good cause for a household not paying the utility bill.Any practical reason is acceptable.The Family Support Services Division (FSSD) Low Income Home Energy Assistance Program (LIHEAP) Section is available for consultation when HSC staff need assistance regarding good cause.
34.The worker enters on Form LIHEAP-37-J, Notice of Eligibility For Energy Crisis Assistance, the appropriate amount from the Estimated Benefit Level Matrix, and advises the client and the energy supplier this is the only payment Oklahoma Department of Human Services (OKDHS) will make for this household for heating assistance; there will not be a second payment in February.If there is a Heating Assistance case already open for the household, the worker contacts Family Support Services Division to have the case closed, and then authorizes Expedited Services (ES) on the 105E screen.
4.If a household which has already been approved for heating assistance, either through pre-certification or regular assistance is approved for ES, the heating assistance authorization on the 105H screen must be closed.
5.Following verification of the crisis and determination of eligibility, the worker contacts the energy supplier as soon as possible to request delivery of fuel and issues Form LIHEAP-37-J.For example, if no reliable wood supplier is available, it is permissible to send the payment directly to the eligible household by entering the client's name and Social Security number as that of the vendor.Such situations occur infrequently.The worker must use judgment in determining whether the client is a more reliable payee than any supplier available.
