Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 332 - MAINECARE ELIGIBILITY MANUAL › Appendix 144-332-J - Computation of Utility Standard

Current through 2024-29, July 17, 2024
Standard Utility Allowances are approved through the
				  Food and Nutrition Service of the United States Department of Agriculture and
				  are included in the rules for Maine's Food Supplement Program at 10-144 CMR
				  Chapter 301. Standard Utility Allowance values can also be found at
www.maine.gov/dhhs/ofi/fs-standards.shtml
or by consulting
www.fns.usda.gov/snap
and search for Standard Utility
				  Allowance Charts for the current values.
Utility Expenses
The community spouse has the option of using the full
				  standard utility allowance (FSUA or actual utility expenses as deductions. They
				  must incur expenses for heating or air conditioning bills which are separate
				  and apart from rent/mortgage or receive assistance from HEAP or ECIP in order
				  to qualify for the FSUA. At the time of redetermination, and one additional
				  time during each twelve month period, the community spouse may change the
				  option between actual expenses and the FSUA.
Standard Utility Allowance
When expenses are incurred on an irregular basis, use the
				  FSUA between billing periods. The FSUA cannot be used for a community spouse
				  who lives in a public or private rental unit, which has central utility meters
				  and charges the residents only for excess heating or air conditioning costs. If
				  someone outside of the household is paying the entire cost of heating/cooling,
				  and the payment is excluded as a vendor payment, the utility allowance is not
				  allowed.
Note:
Assistance from HEAP or ECIP automatically
				  entitles the community spouse to the FSUA.
The FSUA is not allowed when utility expenses are included in
				  the rent unless the community spouse receives assistance from HEAP or ECIP, the
				  residence is metered separately, or the community spouse can otherwise provide
				  verification that there are separate charges for heat and/or air
				  conditioning.
Actual Utility Costs
If the community spouse resides in public housing, which has
				  central utility meters and is charged only for excess utility costs, the excess
				  amount incurred is allowed.
Whenever the FSUA is not permitted, the community spouse may
				  claim the actual expenses or elect to use the individual standard:
Shared Residence
To determine the utility allowance when the residence is
				  shared by the community spouse and other persons, divide the appropriate
				  utility allowance equally among the parties who pay for the cost. This prorated
				  share is the utility allowance.
I.
Home Temporarily Vacated
Shelter expenses can be allowed if the principle residence is
				  temporarily vacated due to employment or training, illness, natural disaster or
				  casualty loss only if:
A. the community spouse intends to return
B. the home is not leased or rented while the community
				  spouse is absent.
Note:
Verification of actual utility cost for an
				  unoccupied home is required if a deduction will be used. The SUA is not allowed
				  for unoccupied homes.
II.
Handling of Expenses Other Than Mortgage, Residence
				  Insurance
A. Except when an expense is averaged, a deduction is allowed
				  only in the month the expense is billed or otherwise becomes due, regardless
				  when the community spouse expects to pay the expense. Amounts from past billing
				  periods are not deductible.
B. For an expense to be deductible, it must be payable to
				  someone outside the household.
C. Fluctuating expenses may be averaged. Expenses, which are
				  billed less often then monthly, may be averaged forward over the interval
				  between scheduled billings or if there is no schedule, over the period the
				  expense is intended to cover. Interest, carrying charges, insurance, or
				  penalties are not allowance expenses. Interest portions on mortgage payments
				  are allowable.
D. That portion of the household shelter expenses associated
				  with a business or trade is not considered as a deductible shelter
				  expense.
E. That portion of the shelter expenses paid by an excluded
				  vendor payment shall not be allowed as a deduction. Shelter expenses paid via a
				  countable vendor payment shall be allowed.
F. Shelter expenses shall be computed based upon expected
				  expenses to be billed. Anticipation of the expense shall be based upon the most
				  recent month's bills unless it is reasonably certain that a change will
				  occur.
G. Expenses billed weekly are converted by multiplying by
				  4.333 and those billed biweekly by 2.167 to obtain monthly figures.
III.
Verification
Utility expenses must be verified if the amounts claimed are
				  in excess of the SUA and a deduction would result.
A move to a new residence requires reassessment of all
				  shelter expenses.