COMMENT DUE DATE:
February 16, 2012
DATE:
January 11, 2012
Laura Brown FSSD (405) 521-4396
Dena Thayer OIRP Programs Administrator (405) 521-4326
Pat Mccracken OIRP ($)%) 522-1017
RE:
APA WF 11-09
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 340:20-1-4 [AMENDED]
OAC 340:20-1-10 through 340:20-1-11 [AMENDED]
OAC 340:20-1-17 [AMENDED]
OAC 340:20-1-20 [AMENDED]
SUMMARY: The proposed revisions to Subchapter 1 of Chapter 20 amend the rules to:(1) clarify, correct, update, and rearrange rules regarding the Oklahoma Department of Human Services (OKDHS) relationship with tribal Low Income Home Energy Assistance Program (LIHEAP), the definition of household, when subsidized households are not considered vulnerable, how income is treated for ineligible aliens, and rules regarding the Energy Crisis Assistance Program (ECAP) component of LIHEAP; (2) better align LIHEAP cooling assistance rules with winter heating rules regarding preauthorization criteria and types of cooling equipment that may be purchased; and (3) remove outdated language.
340:20-1-4 is amended to: (1) clarify Native American households who receive LIHEAP assistance through their tribe cannot also receive LIHEAP payments from OKDHS; and (2) update rules to current practice regarding how OKDHS and tribal LIHEAP programs coordinate to avoid duplication of assistance.
340:20-1-10 is amended to: (1) add clarifying language to the definition of household regarding consideration of income and resources and procedures when the household includes tribal members; (2) add clarifying language regarding whensubsidized households are not considered vulnerable; (3) rearrange rules to make them more easily understood; and (4) remove outdated language.
340:20-1-11 is amended to: (1) clarify that income of ineligible aliens is treated the same whether they are in the United States legally or are undocumented aliens; and (2) update language.
340:20-1-17 is amended to better reflect that the ECAP: (1) includes two components and when a household is applying for both components can only be approved for the maximum ECAP payment shown on the Appendix C-7-A, Estimated Low Income Home Energy Assistance Program (LIHEAP) Benefit Level for All Households; (2) payment for household’s experiencing a life-threatening medical situation must be made to the energy supplier that addresses the medical situation; and (3) better explain the time frame for approving ECAP.
340:20-1-20 is amended to better align LIHEAP cooling assistance rules with wintering heating rules regarding preauthorization criteria and types of cooling equipment that may be purchased.
PERMANENT RULEMAKING APPROVAL IS REQUESTED.
LEGAL AUTHORITY:Commission for Human Services, Article XXV, Sections 2 and 4 of the Oklahoma Constitution; Sections 2601 through 2605 of the Low-Income Home Energy Assistance Act of 1981 (Title XXVI of the Omnibus Budget Reconciliation Act of 1981 Public Law (P.L.) 97-35, as amended); Section 927 of the Housing and Community Development Act of 1992 (P.L. 102-550), as amended by P.L. 103-185; and Sections 96.30 and 96.42 of Title 45 of the Code of Federal Regulations.
Rule Impact Statement
To:Programs administrator
Office of Intergovernmental Relations and Policy
From:Mary Stalnaker, Division Director
Family Support Services Division
Date:January 11, 2012
Re:CHAPTER 20. LOW INCOME HOME ENERGY ASSISTANCE PROGRAM
Subchapter 1. Low Income Home Energy Assistance Program
OAC 340:20-1-4 [AMENDED]
OAC 340:20-1-10 through 340:20-1-11 [AMENDED]
OAC 340:20-1-17 [AMENDED]
OAC 340:20-1-20 [AMENDED]
(Reference APA WF 11-09)
Contact: Laura Brown, 504-521-4396
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) clarify, correct, update, and rearrange rules regarding the Oklahoma Department of Human Services (OKDHS) relationship with tribal Low Income Home Energy Assistance Program (LIHEAP), the definition of household, when subsidized households are not considered vulnerable, how income is treated for ineligible aliens, and rules regarding the Energy Crisis Assistance Program (ECAP) component of LIHEAP; (2) better align LIHEAP cooling assistance rules with winter heating rules regarding preauthorization criteria and types of cooling equipment that may be purchased; and (3) remove outdated language.
Strategic Plan impact. The proposed rules achieve OKDHS goals by continuously improving systems and processes to achieve OKDHS efficiency.
Substantive changes.
340:20-1-4 is amended to: (1) clarify Native American households who receive LIHEAP assistance through their tribe cannot also receive LIHEAP payments from OKDHS; and(2) update rules to current practice regarding how OKDHS and tribal LIHEAP programs coordinate to avoid duplication of assistance.
340:20-1-10 is amended to: (1) add clarifying language to the definition of household regarding consideration of income and resources and procedures when the household includes tribal members; (2) add clarifying language regarding whensubsidized households are not considered vulnerable; (3) rearrange rules to make them more easily understood; and (4) remove outdated language.
340:20-1-11 is amended to: (1) clarify that income of ineligible aliens is treated the same whether they are in the United States legally or are undocumented aliens; and (2) update language.
340:20-1-17 is amended to better reflect that the ECAP: (1) includes two components and when a household is applying for both components can only be approved for the maximum ECAP payment shown on the Appendix C-7-A, Estimated Low Income Home Energy Assistance Program (LIHEAP) Benefit Level for All Households; (2) payment for household’s experiencing a life-threatening medical situation must be made to the energy supplier that addresses the medical situation; and (3) better explain the time frame for approving ECAP.
340:20-1-20 is amended to better align LIHEAP cooling assistance rules with wintering heating rules regarding preauthorization criteria and types of cooling equipment that may be purchased.
Reasons. The proposed revisions will provide staff with clearer and more concise rules to facilitate the accurate delivery of benefits and services to persons who are in need to help avoid agency caused overpayments to these households.
Repercussions. The proposed rules will make policy easier to understand for both staff and the public. If the proposed revisions are not implemented, staff may not properly process LIHEAP applications which could cause clients to receive incorrect benefits and may cause errors if cases are audited.
Legal authority. Commission for Human Services, Article XXV, Sections 2 and 4 of the Oklahoma Constitution; Sections 2601 through 2605 of the Low-Income Home Energy Assistance Act of 1981 (Title XXVI of the Omnibus Budget Reconciliation Act of 1981 Public Law (P.L.) 97-35, as amended); Section 927 of the Housing and Community Development Act of 1992 (P.L. 102-550), as amended by P.L. 103-185; and Sections 96.30 and 96.42 of Title 45 of the Code of Federal Regulations.
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 households applying for 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 households applying for LIEHAP 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 fee change: 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.
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 nonregulatory 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 rule.
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 rule revisions will facilitate the accurate delivery of benefits and services to persons who are in need which may positively impact the health, safety, and well-being of households applying for LIHEAP.
J.A determination of any detrimental effect on the public health, safety, and environment if the proposed rule is not implemented: If the proposed rule revisions are not implemented, staff my not process benefits correctly which could lead to a detrimental effect on the public health, safety, and environment.
K.The date the rule impact statement was prepared and, if modified, the date modified: Prepared November 14, 2011. Modified December 28, 2011.
SUBCHAPTER 1. LOW INCOME HOME ENERGY ASSISTANCE PROGRAM
340:20-1-4.Coordination with Native American energy programs tribal Low Income Home Energy Assistance Program (LIHEAP) to prevent duplication of assistance
Revised 6-1-08 6-1-12
Applications are accepted and processed from members of Native American tribes which have been approved to administer their own program. Some, but not all, Oklahoma Indian tribes receive federal funds to operate their own Low Income Home Energy Assistance Program (LIHEAP).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) coordinates with each and participating tribe tribes share information regarding tribal member's receipt of LIHEAP to prevent duplication of assistance.¢ 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 OKDHS regardless of whether they have expended their tribal LIHEAP maximum authorized amount.
(2) Tribal members are not eligible to receive energy assistance from their tribe and OKDHS for the same federal fiscal year.
(2)(3) When a Native American household tribal member applies first for LIHEAP through OKDHS for LIHEAP or is a member of a tribe that does not have its own LIHEAP, they are given the same consideration the worker treat's the person's eligibility in the same manner as any other household, if 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 LIHEAP at a human services center (HSC) and the worker determines that a 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.
(5) If When a tribal member is approved for OKDHS LIHEAP and later wants to apply applies for a tribal LIHEAP for the same federal fiscal year, the OKDHS certification is can be canceled, if requested, as long as payment has not already been made.If a payment has already been made, the tribal LIHEAP denies its application.
INSTRUCTIONS TO STAFF 340:20-1-4
Revised 6-1-08 6-1-12
1.See When a member of the household applying for Low Income Home Energy Assistance Program (LIHEAP) indicates one or more household members is a tribal member, the worker refers to the Oklahoma Department of Human Services (OKDHS) Appendix D-4-B, Oklahoma Indian Tribes Administering Their Own Low Income Home Energy Assistance Program (LIHEAP) Program, to determine whether the person's tribe operates its own LIHEAP.
2.(a) Per OAC 340:65-1-2(3), OKDHS has a memorandums of understanding with tribes operating LIHEAP that allow information sharing.
(b) The OKDHS 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 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 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 share LIHEAP approval information.
(c) When the person's tribe operates its own LIHEAP, the worker must verify with the appropriate tribal agency whether a member of the applicant's household has been approved for tribal LIHEAP.
340:20-1-10. Program factors
Revised 6-1-11 6-1-12
(a) Home energy.Home energy means a household's source of energy used to heat or cool a residential dwelling.
(b) Primary energy source.
(1) The primary energy source during winter months is fuel used to heat the home.
(2) The primary energy source during summer months is fuel used to cool the home.
(3) During the 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.
(1) The worker considers the income and resources of all household members per OAC 340:20-1-11 even if 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 for heating or cooling assistance per household.
(d) Vulnerability.A household is vulnerable if it is responsible, either totally or partially, for the cost of home energy.A vulnerable household includes households whose primary energy source has been temporarily discontinued.
(e) Non-vulnerability.Non-vulnerable households are those that do not bear any of the 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 costs are included in their rent.Subsidized households assessed an energy surcharge during the operation of LIHEAP may be eligible for assistance if they provide proof of the surcharge.
(d)(f) Subsidized household.Subsidized household means a household that receives assistance through a utility allowance to cover all or part of their energy cost, and/or receives assistance in paying their rent or house payment on a regular basis.A subsidized household is not vulnerable when an agency or person pays the entire utility bill every month even if 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, who helps a person or family pay their utility bills, rent or house payment, or allows them to live rent free.
(2) If 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.
(e) Vulnerability.A household is vulnerable if it is responsible, either totally or partially, for the cost of home energy.A vulnerable household includes households whose primary energy source has been temporarily discontinued.
(f) Non-vulnerability.Non-vulnerable households are those that do not bear any of the expense of home energy.
(1) Examples of non-vulnerable living arrangements include:
(A) congregate or domiciliary facilities, such as nursing facilities and college or university dormitory, fraternity, or sorority housing;
(B) households whose primary energy source is totally paid by someone other than a household member; and
(C) subsidized households whose heating costs are included in their rent.
(2) Some subsidized households may be assessed an energy surcharge during the operation of the Low Income Home Energy Assistance Program (LIHEAP).These households may be eligible for assistance if they can document assessment of the surcharge.
(g) Eligible households.All eligible households must meet criteria in (1) through (4) or the worker must deny the application.
(1) Households must be vulnerable by being totally or partially responsible for the cost of home energy.¢ 2
(2) Households must not exceed the income and resource standards as shown on Oklahoma Department of Human Services (OKDHS) 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 legal alien per OAC 340:20-1-8 and may include an illegal alien.
(4) The person making the application must provide proof of identity per OAC 340:20-1-13(4).
(5) Each household member 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 worker counts that person's income but does not include him or her in household size.
(h) Benefit amount. Funding for LIHEAP 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 amount of available funding is known.OKDHS 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 this estimated benefit amount throughout 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.The benefit amount does not change during the program year due to changes in household composition, income, or primary energy source.¢ 3
INSTRUCTIONS TO STAFF 340:20-1-10
Revised 6-1-116-1-12
1.The worker may need to contact the campus housing office(s) to determine whether 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 to OAC 340:20-1-10(e)(2).
3.(a) If the worker discovers that an incorrect benefit level was approved prior to the benefit being issued, the worker must contact the Supplemental Nutrition Assistance Program (SNAP)/Low Income Home Energy Assistance Program (LIHEAP) Section in Family Support Services Division (FSSD) to provide the corrected information.The worker may contact the FSSD SNAP/LIHEAP Section by:
(1) e-mail email at LIHEAP2@okdhs.org;
(2) telephone; or
(3) memo.
(b) When the worker discovers after payment has been made that the household received a higher benefit level than it was eligible to receive, the worker must write a memo explaining the reason for the overpayment, and submit it to the SNAP/LIHEAP Section.
340:20-1-11. Income and liquid resources
Revised 6-1-11 6-1-12
(a) Income.All gross earned and unearned income, except for those income sources shown in (b) of this Section, received by the household is considered in determining financial eligibility.Eligible households must meet the income standard less the earned income deduction as shown on Oklahoma Department of Human Services (OKDHS) 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.
(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 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.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.
(iii) The worker divides the net self-employment income by the number of months to be averaged per OAC 340:50-7-30.
(B) The monthly net self-employment income is added to all other earned income received by the household.
(7) When an undocumented ineligible alien is part of an eligible household, the countable portion of his or her income is computed as outlined in (A) through (E) of this paragraph.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, subtract the earned income deduction as shown on OKDHS Appendix C-7.
(B) Add the unearned income of the undocumented ineligible alien.
(C) Subtract the need standard on OKDHS 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 undocumented ineligible alien and his or her undocumented ineligible alien dependents who:
(i) are claimable for federal personal income taxes;
(ii) live in the same household; and
(iii) are not included in determining the LIHEAP benefit level because they are undocumented ineligible aliens.
(D) Subtract all applicable deductions as shown in (c) of this Section.
(E) The remaining amount is the amount considered available to the household members eligible for LIHEAP.
(b) Income disregards exclusions.In determining income, disregard exclude:
(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 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 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.
(A) Disregard 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) Disregard Exclude per capita payments, for example, headrights of Osage tribe, income from mineral leases, or other tribal business ventures, as long as they meet the distribution requirements as stated in this paragraph.
(C) Consider as income interest or income derived from the principal or produced by purchases made with the funds after distribution;
(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 excluded 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) 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 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;
(25) interests of individual Native Americans in trust or restricted lands;
(26) 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;
(27) payments made to persons because of their status as victims of Nazi persecution;
(28) monetary allowances as described in Section 1823(c) of Title 38 of the United States Code (USC) provided to certain persons who are children of Vietnam War veterans; and
(29) Family Support Assistance Payment Program payments paid to persons by the OKDHS Developmental Disabilities Services Division (DDSD).
(c) Income deductions.Certain deductible expenses from income may be applied when applicable, such as:
(1) out-of-pocket non-reimbursed medical expenses paid by persons age 60 and older or persons considered disabled per OAC 340:50-5-4 and 340:50‑7‑31(b)(3);
(2) legally binding child support paid by a household member to or for a non-household member, including payments made to a third party on behalf of the non-household member; and
(3) the earned income deduction as shown on OKDHS Appendix C-7 for each employed household member.In addition, if a household member is self-employed, see (a)(6) of this Section for self-employment deductions.
(d) Resources.Liquid resources, such as cash on hand, checking or savings accounts, certificates of deposits, and stocks or bonds, cannot exceed the allowable resource level as shown on OKDHS 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
Issued 6-1-10
1.Exempt student income includes:
(1) any money from Title IV of the Higher Education Act including federal or state work study;
(2) educational assistance funded through the Veterans Administration (VA) such as the Montgomery GI Bill;
(3) grants;
(4) scholarships;
(5) subsidized and unsubsidized Stafford loans;
(6) federal PLUS loans;
(7) TRIO grants;
(8) Robert C. Byrd Honors Scholarship Program;
(9) Bureau of Indian Affairs (BIA) student assistance;
(10) money from the Carl D. Perkins Vocational Education Act; and
(11) Workforce Investment Act (WIA).
2.Student income that is not exempt includes:
(1) money that is paid directly to the student and not sent through the bursar’s account other than funds listed in Instructions to Staff #1 of these Instructions;
(2) institutional work study; or
(3) money intended as an incentive for school attendance or grades rather than the school expenses.
340:20-1-17. Energy crisis assistance Crisis Assistance Program (ECAP)
Revised 6-1-11 6-1-12
(a) Energy crisis assistance.Energy crisis situations are handled year round on a case-by-case basis for households with a 72-hour cut-off notice and a verified life-threatening medical situation.Clients in a crisis situation must make application by contacting the local human services center (HSC).Family Support Services Division (FSSD) Low Income Home Energy Assistance (LIHEAP) Section staff approves applications for life threatening situations outside the normal application period for Energy Crisis Assistance Program (ECAP) and when the heating or cooling program cannot be used to pay the bill.¢ 1
(1) If a household is approved for assistance to resolve the crisis situation, the application is processed within 48 hours from the time the HSC receives the application.¢ 2
(2) 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.¢ 2Authority 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) HSC county director.
(b) Energy Crisis Assistance Program.
(a) 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. ¢ 1ECAP consists of two components:
(1) a scheduled period in March of 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) When the household applies for ECAP in March and outside of a regularly scheduled Low Income Home Energy Assistance Program (LIHEAP) application period, the maximum benefit for both applications combined cannot exceed the amount shown for ECAP on Appendix C-7-A, Estimated Low Income Home Energy Assistance Program (LIHEAP) Benefit Level For All Households.
(c) All ECAP applications must be made on Form 08LH002E, Low Income Home Energy Assistance Program (LIHEAP) – Walk-In Application.Applications are approved or denied by:
(1) human services center (HSC) staff when applications are made during the ECAP application period in March for energy crises only and energy crises that involve a life-threatening medical situation; and
(2) Family Support Services Division (FSSD) LIHEAP Section staff for energy crises that involve a life-threatening medical situation that occur outside of the regularly scheduled LIHEAP application periods in March, July, and December.
(1) Eligibility criteria.
(d) Households may choose heating or cooling as the primary energy source unless ECAP is being approved to meet a life-threatening medical situation.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.
(e) Eligibility criteria are detailed in (1) through (5) of this paragraph.
(A)(1) Households with an energy crisis must not exceed the income and liquid resource standards on Oklahoma Department of Human Services (OKDHS) Appendix C-7, 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 and cooling assistance per OAC 340:20-1-11.
(B)(2) Household service was discontinued or terminated by the seasonal primary energy supplier, or the household received:
(i)(A) notice of a scheduled cut-off within 72 hours;
(ii)(B) notice of a refusal to provide additional energy needs by the supplier when supply of fuel will be depleted within 72 hours or less; or
(iii)(C) information regarding fee for a new connection.
(C)(3) The worker must ascertain why the energy bill has not been paid.There must be The household must have experienced a precipitating factor that caused the household to choose between paying the energy bill and another vital household need.¢ 32Acceptable 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:
(i)(A) purchasing sufficient food for the household;
(ii)(B) paying for emergency situations such as medical expenses or disaster recovery; or
(iii)(C) providing clothing for children in the household.
(D)(4) 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)(5) If the energy supplier refuses to establish or restore service for ECAP is authorized only when the amount of the ECAP payment, combined with whatever other resource is resources are available or can be developed, the ECAP payment cannot be authorized are sufficient to establish, restore, or prevent the cut-off of the energy service for the household.
(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 If a feasible plan for maintaining or restoring service before an cannot be developed, the worker denies the ECAP payment can be authorized application.¢ 3
(2) Administrative procedures.
(f) Additional procedural criteria the worker must follow are included in (1) through (3) of this paragraph.
(A)(1) The authorized 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.¢ 4
(B)(2) OKDHS makes payments for crisis assistance directly to energy suppliers with rare exceptions.¢ 5
(C)(3) The authorized benefit cannot include the cost of propane or butane tank delivery.
(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.
(g) OKDHS staff must approve or deny an ECAP application for an energy crisis that: ¢ 6
(1) involves a life-threatening medical situation within 18 hours of receipt of the application. ¢ 7Authority 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) HSC county director; and
(2) does not involve a life-threatening situation within 48 hours of receipt of the application.
INSTRUCTIONS TO STAFF 340:20-1-17
Revised 6-1-11 6-1-12
1.Verification of crisis situations is recorded in the case record.All Low Income Home Energy Assistance Program (LIHEAP) forms are filed in chronological order in the LIHEAP section of the case record.
2.The worker must document why the energy bill has not been paid in the case record.The Family Support Services Division (FSSD) Low Income Home Energy Assistance Program (LIHEAP) Section is available for consultation when staff need assistance in determining whether the reason given is acceptable.
3.The worker must document the plan in the case record.
4.The worker advises the household and the energy supplier this is the only payment OKDHS will make for this household.
5.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 occurs, the worker approves payment to the household by entering the client's name and Social Security number as that of the vendor.
26.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 Oklahoma Department of Human Services (OKDHS) Appendix C-7-A, Estimated LIHEAP Benefit Level For All Households;
(3) e-mails emails 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 an acceptable reason for a household not paying the utility bill.The Family Support Services Division (FSSD) Low Income Home Energy Assistance Program (LIHEAP) Section is available for consultation when HSC staff need assistance in determining whether the reason given is acceptable.
4.The worker advises the client and the energy supplier this is the only payment OKDHS will make for this household for heating assistance.
5.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 occurs, the worker approves payment to the household by entering the client's name and Social Security number as that of the vendor.
7.The worker must document in detail why a crisis is considered life-threatening.
340:20-1-20. Summer cooling
Issued 6-1-10 6-1-12
(a) Selected households already approved for other benefits administered by the 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).
(1) The household received LIHEAP the previous year.
(2) The address remained the same.
(3) The income did not exceed eligibility guidelines for household size remained the same during the year.
(b) All other households Households not meeting preauthorization criteria must complete an application.
(c) The cooling assistance part of the Low Income Home Energy Assistance Program (LIHEAP) normally begins mid-July, and applications are taken until allocated funds are expended.¢ 1
(d) The same payment schedule is used for unsubsidized renters and roomers with utilities included in their rent except that payments are made directly to approved households.)
(e) Payments may be made to purchase cooling equipment such as fans and window air conditioning units or to repair existing cooling equipment.
INSTRUCTIONS TO STAFF 340:20-1-20
Issued 6-1-10
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 which 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.
