Missouri Code of State Regulations › Title 13 - DEPARTMENT OF SOCIAL SERVICES › Division 40 - Family Support Division › Chapter 19 - Energy Assistance › Section 13 CSR 40-19.020 - Low Income Home Energy Assistance Program (LIHEAP) and Utilicare

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: The department is amending this regulation by
				  updating the language to ensure consistency with updates in the LIHEAP Policy
				  and Procedures Manual. The amendment adds section (1), defining the scope of
				  the amendment, section (2) adds new terms and definitions to the regulation,
				  and section (3) establishes funding for LIHEAP by adding clarifying language.
				  Section (6) updates the language of the general eligibility requirements for
				  LIHEAP, while the addition of sections (7) and (8) reorganizes and clarifies
				  conditions that will render households ineligible for LIHEAP and individuals
				  ineligible for consideration in a LIHEAP household. The new sections (9), (
				  10), ( 11), (12), and (13) establish the procedures for how LIHEAP is
				  implemented and clarifies how funds may be used. Section (14) provides the
				  payment amounts for Energy Assistance (EA) as well as a chart for the payment
				  ranges based on household size, income range, and fuel source.
PURPOSE: This rule establishes the basic policies and
				  procedures to determine eligibility and amount of benefits to be paid under
				  Missouri's Utilicare and Low Income Home Energy Assistance Program
				  (collectively known as "LIHEAP"). This program is designed to assist certain
				  eligible, low income partial payment of their winter home heating costs
				  individuals, particularly those with the lowest income who pay a high
				  proportion of household income for home energy, in meeting their immediate
				  energy needs.
(1) Scope: This rule
				establishes procedures for the implementation of the Low Income Home Energy
				Assistance Program and Utilicare, collectively referred to in this rule as
				"LIHEAP". This rule establishes the requirements governing the eligibility of
				households under the program, pursuant to 42 U.S.C. sections 8621-8630 and
				sections 660.100-660.136, RSMo.
(2) Definitions:
(A) "Applicant" shall
				be defined as the individual whose signature, or whose signature as written by
				the individual's guardian/conservator or power of attorney, is on the
				application.
(B) "Crisis" shall be
				defined as any of the following:
1. The
				receipt of a termination or disconnect notice indicating a specific disconnect
				date;
2. The issuance of a final
				billing statement advising the account has been terminated;
3. A situation in which a propane tank is
				filled at less than twenty-percent (20%) capacity;
4. A situation in which the customer is a
				cash on delivery (COD) customer; or
5. A situation in which a pre-paid electric
				customer indicates their pre-paid usage is about to run out.
(C) "Disabled" shall be defined as an individual who
				is totally and permanently disabled or blind and is receiving one (1) or more
				of the following: Civil Service Disability, Medical Assistance, Railroad
				Retirement Disability Benefits, Social Security Disability Benefits, State Aid
				to the Blind, State Blind Pension, State Supplemental Payments, Supplemental
				Security Income Program, or Veterans Administration Disability Benefits.
(D) "Elderly" shall be defined as
				sixty-five (65) years of age or older to receive the LIHEAP income deduction,
				as established in section (3) of this rule, and sixty (60) years of age or
				older for federal reporting purposes, as required under
				45 CFR section
				96.82.
(E) "Fuel source" shall be defined as the
				fuel consumed in the operation of an appliance manufactured and used for the
				purpose of heating or cooling a household.
(F) "Home energy
				supplier" shall be defined as a public or private business engaged in the
				retail sale of home heating and cooling fuel , including public or private
				investor owned utilities, municipally owned utilities, rural electric
				cooperatives, and privately owned distributorships.
(G) "Household" shall
				be defined as an individual(s) living in private living quarters (a space with
				a private entrance) for which residential heat is purchased in
				common.
(H) "Income" shall be
				defined as monthly revenue obtained that is either earned or
				unearned.
(I) A "landlord household" shall be defined as a
				household in which the landlord sends the household a separate bill to cover
				the heating and cooling costs. Landlord households may receive both Energy
				Assistance (EA) and Energy Crisis Intervention Program (ECIP)
				benefits.
(J) "LIHEAP fiscal year"
				shall be defined as the federal fiscal year, October 1-September 30.
(K) "Live-in-attendant" shall be defined as
				an individual living in the household who receives wages to provide
				medical/child care and who is not responsible for any household expenses. A
				relative, as defined in this rule, cannot be considered a
				live-in-attendant.
(L)
				"Roomer/boarder" shall be defined as an individual who pays a household for
				lodging and/or food expenses only, and who is not responsible for any other
				household expenses. A relative, as defined in this rule, cannot be considered a
				roomer/boarder.
(M) A "renter household" shall be defined as a
				household in which heating and/or cooling costs are included in the rent.
				Renter households may receive EA benefits, but cannot receive ECIP
				benefits.
(N) "Resources" shall be
				defined as any assets that are available to an individual, including, but not
				limited to, annuities, bonds, certificates of deposit, deposits in banks,
				savings and loan companies, credit unions, and other financial institutions,
				individual retirement accounts, Keogh's and deferred compensation plans, money
				markets, mutual funds, and stocks. Resources will be considered available
				unless documented by the institution holding the resources that they are
				restricted or inaccessible.
(O)
				"Participating home energy suppliers" shall be defined as suppliers that sign
				an agreement with the department.
(P) "Account" shall be defined as a customer
				account established with a home energy supplier for residential heating and
				cooling.
(Q) "Relative" shall be
				defined as an individual who is related to the household member as father,
				mother, son, daughter, brother, sister, uncle, aunt, first cousin, nephew,
				niece, husband, wife, father-in-law, daughter-in-law, brother-in-law,
				sister-in-law, stepfather, stepson, stepdaughter, stepbrother, half-brother, or
				half-sister.
(R) "Address of
				record" shall be defined as the most recent mailing address that the
				applicant/participant provided to the division.