Mississippi Administrative Code › Title 18 - HUMAN SERVICES › Part 20 - DIVISION OF COMMUNITY SERVICES › Chapter 1 - Bipartisan Infrastructure Law (BIL) Weatherization Assistance Program › Rule 18-20-1-1 - Weatherization Assistance Program (WAP) State Plan › Section 18-20-1-1-V - MASTER FILE › Section 18-20-1-1-V.1 - Eligibility › Section 18-20-1-1-V.1.1 - DOE WX BIL Approach to Determining Client Eligibility

Current through June 25, 2024
Per regulation
						  10 CFR
						  440.22(a) and stated per
						  10 CFR
						  440.14(c) (6) (xii), the
						  definition of "low income" for determining client eligibility for MS DOE BILWAP
						  has been established at or below 200% of the current federal poverty
						  guideline.
In accordance with 440.16 (a), MS DOE BIL WAP requires
						  each applicant household requesting WAP assistance complete an application
						  intake process to determine client eligibility. The process consists of
						  documenting household demographics, income verification, needs assessment,
						  identity verification and other documentations as required.
INCOME VERIFICATION Per
						  10 CFR
						  440.22
MS DOE BIL WAP will ensure that a dwelling unit is
						  eligible for assistance and is occupied by a family unit, whose income is at or
						  below 200% of the federal poverty guidelines and are in effect at the time of
						  submission of the application. Applicants applying for weatherization that are
						  on the waiting list or for other reasons must have their eligibility
						  documentation updated at least annually. Application Eligibility expires 12
						  months from certification date if work on dwelling unit (Energy Audit) has not
						  been initiated.
Priority is given to the elderly, persons with
						  disabilities and families with children. Live-in attendant's income can be
						  excluded if it is determined that (1) the live-in is essential to the care and
						  well-being of the person; and (2) would not be living in the unit except to
						  provide the necessary supportive services. All household members' status will
						  be documented and maintained in Virtual ROMA 2.0, and individual client files
						  for future references.
The following documents are acceptable when determining
						  eligibility:
INCOME(S)
Income means Cash Receipts earned and/or received by
						  the applicant before taxes during applicable tax year(s)
but not Income
						  Exclusions
listed below. Gross Income is to be used, not Net
						  Income.
Cash Receipts include the
						  following
:
1. Money, wages and
						salaries before any deductions;
2.
						Net receipts from non-farm or farm self-employment (receipts from a person's
						own business or from an owned or rented farm after deductions for business or
						farm expenses);
3. Regular payments
						from social security, railroad retirement, unemployment compensation, strike
						benefits from union funds, worker's compensation, veteran's payments, training
						stipends, alimony, and military family allotments;
4. Private pensions, government employee
						pensions (including military retirement pay), and regular insurance or annuity
						payments;
5. Dividends and/or
						interest;
6. Net rental income and
						net royalties;
7. Periodic receipts
						from estates or trusts; and
8. Net
						gambling or lottery winnings.
Income Exclusions
: The following Cash
						  Receipts
are not
considered sources of Income for the purposes of
						  determining applicant eligibility:
1.
						Capital gains;
2. Any assets drawn
						down as withdrawals from a bank;
3.
						Money received from the sale of a property, house, or car;
4. One-time payments from a welfare agency to
						a family or person who is in temporary financial difficulty;
5. Tax refunds;
6. Gifts, loans, or lump-sum
						inheritances;
7. College
						scholarships;
8. One-time insurance
						payments, or compensation for injury;
9. Non-cash benefits, such as the
						employer-paid or union-paid portion of health insurance;
10. Employee fringe benefits, food or housing
						received in lieu of wages;
11. The
						value of food and fuel produced and consumed on farms;
12. The imputed value of rent from
						owner-occupied non-farm or farm housing;
13. Depreciation for farm or business
						assets;
14. Federal non-cash
						benefit programs such as Medicare, Medicaid, Food Stamps, school lunches, and
						housing assistance;
15. Combat zone
						pay to the military;
16. Child
						support, as defined below
17.
						Reverse mortgages; and
18. Payments
						for care of Foster Children;
**Other documents may be necessary as required by
						  Agency**
CHILD SUPPORT
: Child Support payments,
						  whether received by the Payee or paid by the Payor,
are not
considered Sources of Income to be added to the payee income or
						  deducted from the payor income for the purposes of determining applicant
						  eligibility.
1.
Payee
:
						Where an applicant receives Child Support from any state program or individual
						during an applicable tax year, such assistance
is
						not
considered income for the purposes of determining
						eligibility (i.e., where an applicant receives Child Support, he or she
does not
add that amount to his or her
						calculation of income for purposes of determining eligibility).
2.
Payor
: Where an applicant
						pays Child Support through a state program and/or to an individual, such
						assistance
is not
considered a deduction to
						Income for the purposes of determining eligibility (i.e., where an applicant
						pays Child Support, he or she
may not
deduct said
						assistance from his or her calculation of Income for the purposes of
						determining eligibility).
WPN 22-5: Extended Categorical Income Eligibility
						  to HUD Means Tested Programs:
This WPN simplifies (and supersedes)
						  procedures previously outlined in WPN 17-4.
MS DOE BIL WAP understands that Subgrantees may certify
						  that applicants have met the income requirements of HUD means-tested programs
						  through mechanisms including, but not limited to:
1. Applicant documentation,
2. Interagency lists of recipients,
3. Shared system databases, etc.
Note
:
Method of verification of eligibility must be included in the client
						  file.
There are three types of multifamily properties
						  assisted by HUD:
(1) housing owned and
						operated by HUD Public Housing Agencies (PHAs),
(2) privately-owned multifamily buildings
						receiving project-based assistance, and
(3) privately-owned multifamily buildings
						that house residents who receive tenant-based (housing voucher) assistance.
* Housing owned and operated by PHAs: MS DOE BIL WAP
						  Subgrantees shall consider all such buildings managed by the PHAs referenced in
						  this HUD Web page (
https://www.hud.gov/program_offices/public_indian_housing/pha/contacts
)
						  to be 100 percent income eligible.
* Privately owned multifamily buildings receiving
						  project-based assistance: MS DOE BIL WAP Subgrantees should refer to WPN17-4
						  lists to determine the percentage of the units in each building that are income
						  eligible.
* Privately-owned multifamily buildings that house
						  residents receiving tenant-based assistance: MS DOE BIL WAP Subgrantees will
						  determine the percentage of income eligible residences by either contacting the
						  building owner/manager to obtain such Section 8 Housing Choice Voucher records
						  (from HUD's Tenant Based Rental Assistance Program [TBRA]) or by individually
						  verifying which residents hold such vouchers.