New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 150 - LOW INCOME HOME ENERGY ASSISTANCE PROGRAM › Part 100 - GENERAL PROVISIONS FOR THE LOW INCOME HOME ENERGY ASSISTANCE PROGRAM › Section 8.150.100.9 - SPECIFIC AUTHORITIES

Current through Register Vol. 35, No. 13, July 16, 2024
A. Assist
				eligible households: Section 2602(a) of the Low Income Home Energy Assistance
				Act states the purpose of LIHEAP is to assist eligible households in meeting
				the costs of home energy. HCA defines home energy as an energy expense that is
				incurred primarily for private residential heating or cooling.
B. Outreach: Section 2605(b)(3) of the
				administration for children and families (ACF) health and human services (HHS)
				office of the community services (OCS) LIHEAP statute requires the LIHEAP
				grantee to conduct outreach activities to ensure eligible households, and
				especially elderly and disabled households, are made aware of the LIHEAP
				program as well as similar energy-related assistance, utilizing nonprofit
				agencies as well as the grantee's own field offices in its outreach
				efforts.
C. Categorical
				eligibility: No household is categorically eligible to receive LIHEAP.
				Eligibility is determined during the application process.
D. Financial eligibility: Households must
				have income at or below one hundred fifty percent of the federal poverty
				guideline.
E. One hundred ten
				percent of state poverty level: Section 2605(b)(2)(B) of the ACF HHS OCS LIHEAP
				statute further states that no household may be excluded because of income if
				it has an income which is less than one hundred ten percent of the state
				poverty level.
F. Timely issuance
				of benefits: Section 2605(b)(5) of the ACF HHS OCS LIHEAP statute requires the
				LIHEAP grantee to provide energy assistance benefits in a timely manner as
				referenced in
				8.100.130.11 NMAC.
G. Crisis funding: Section 2604 (C)(1) of the
				ACF HHS OCS LIHEAP statute requires the LIHEAP grantee to reserve a reasonable
				amount of funds for a crisis intervention program and to provide assistance to
				eligible households within 48 hours, excluding weekends and holidays, of the
				household's application for benefits. Subsection (2) further requires the
				LIHEAP grantee to provide assistance within 18 hours, excluding weekends and
				holidays, to eligible households that apply for benefits in a life-threatening
				situation.
H. Energy need and
				vulnerable populations: Section 2605 (b)(5) of the ACF HHS OCS LIHEAP statute
				requires the LIHEAP grantee to take into account the energy needs of low income
				households, giving priority to those having members of vulnerable populations
				such as young children, older individuals and individuals with
				disabilities.
I. Owners and
				renters: Section 2605(b)(8) of the ACF HHS OCS LIHEAP statute requires owners
				and renters to be treated equitably under the program.
J. Tribal LIHEAP: Section 2604(d)(1) of the
				ACF HHS OCS LIHEAP statute requires that a portion of the grant award be set
				aside for any Indian tribe in the state requesting an allocation of LIHEAP
				funds for the purpose of administering its own energy assistance
				program.
K. Administering agency:
				Section 2605(b)(6) of the ACF HHS OCS LIHEAP statute allows the grantee to
				designate local administrative agencies to carry out the program and to give
				special consideration to nonprofit agencies receiving federal funds for other
				energy-related assistance programs.