Kentucky Administrative Regulations › Title 921 - CABINET FOR HEALTH AND FAMILY SERVICES - DEPARTMENT FOR COMMUNITY-BASED SERVICES - FAMILY SUPPORT › Chapter 4 - Energy Assistance Program/Weatherization › Section 921 KAR 4:116 - Low Income Home Energy Assistance Program or ''LIHEAP''

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				45.357,
				194A.010,
				194A.060,
				194A.070,
				45 C.F.R. Part 96 Subpart H, 42 U.S.C. 8621 - 8627, 42 U.S.C. 9902(2)
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				194A.050(1) requires the
				secretary to promulgate administrative regulations necessary to implement
				programs mandated by federal law or to qualify for the receipt of federal funds
				and necessary to cooperate with other state and federal agencies for the proper
				administration of the cabinet and its programs. The Cabinet for Health and
				Family Services has the responsibility under
				42 U.S.C. 8621
				to administer the Low Income Home Energy Assistance Program to help low-income
				households meet the cost of home energy. This administrative regulation
				establishes the eligibility and benefits criteria for heating and cooling
				assistance. This administrative regulation imposes a stricter requirement than
				the federal mandate because additional reporting requirements are necessary to
				comply with
				KRS
				45.357. The imposition of additional
				requirements and responsibilities is to ensure necessary compliance with
				applicable state laws.
Section 1.
			 Definitions.
(1) "Agency" means Community
			 Action Kentucky (CAK), or a local community action agency contracted to provide
			 LIHEAP.
(2) "Annual low income home
			 energy assistance program state plan" means an application prepared in
			 accordance with
			 42 U.S.C.
			 8624(c) and 45 C.F.R. Part
			 96 , Subpart H, sections 96.83 to 96.87.
(3) "Authorized representative" means the
			 person who presents to an agency a written statement signed by the head of the
			 household, or spouse of the head of the household, authorizing that person to
			 apply on the household's behalf.
(4) "Crisis component" means the component
			 that provides assistance to households that are experiencing a home heating or
			 cooling crisis.
(5) "Economic unit"
			 means one (1) or more persons sharing common living arrangements.
(6) "Emergency" means, at the time of
			 application, the household:
(a) Is without
			 heat;
(b) Will be disconnected from
			 a utility service within forty-eight (48) hours;
(c) Will be without bulk fuel within four (4)
			 days; or
(d) Will be without
			 cooling as specified in Section 3 of this administrative regulation.
(7) "Energy" means electricity,
			 gas, and other fuel that is used to sustain reasonable living
			 conditions.
(8) "Gross household
			 income" means all earned and unearned income, including lump sum payments
			 received by a household during the calendar month preceding the month of
			 application.
(9) "Heating season"
			 means the period from October through April.
(10) "Household" means an individual or group
			 of individuals who are living together in the principal residence as one (1)
			 economic unit and who purchase energy in common.
(11) "Household demographics" means an
			 applicant's:
(a) Address;
(b) Household composition that includes:
1. Size;
2. Age group;
3. Relationship to applicant;
4. Sources of income;
5. Liquid assets; and
6. Type of housing; and
(c) Heat source.
(12) "Level of poverty" or "poverty level"
			 means the degree to which a household's gross income matches the official
			 poverty income guidelines published annually in the Federal Register by the
			 U.S. Department of Health and Human Services, under authority of
			 42
			 U.S.C. 9902(2).
(13) "Life-threatening situation" means, at
			 the time of application, a household is or will be without heat or cooling
			 within eighteen (18) hours and temperatures are at a dangerous level as
			 determined by the National Weather Service.
(14) "Principal residence" means the place:
(a) Where a person is living voluntarily and
			 not on a temporary basis;
(b) An
			 individual considers home;
(c) To
			 which, when absent, an individual intends to return; and
(d) Is identifiable from another residence,
			 commercial establishment, or institution.
(15) "Subsidy component" means the heating or
			 cooling component that provides an eligible household with:
(a) A payment to the household's energy
			 provider; or
(b) A payment to a
			 landlord, if utilities are included in the rent.