SUBCHAPTER 71v - LOW INCOME ENERGY ASSISTANCE PROGRAM

 

10A NCAC 71V .0101 FUNDING

 

History Note: Authority G.S. 143B-153;

Eff. November 19, 1980;

Repealed Eff. July 1, 2012.

10A NCAC 71V .0102 GROUPS COVERED

The state will make payments to households if they make an application and meet the eligibility requirements for this program.

 

History Note: Authority G.S. 143B‑153;

Eff. November 19, 1980;

Amended Eff. October 19, 1981.

 

10A NCAC 71V .0103 ELIGIBILITY REQUIREMENTS

A household must meet the following requirements to be eligible for the Low Income Energy Assistance Program:

(1) Income: A household's income for the base period used to establish eligibility cannot exceed 110 percent of the current non‑farm poverty level. Income will be defined as gross income less the standard medical deduction for household members with only unearned income; actual child or dependent care costs up to the maximum allowed in the Food Stamp Program per child or dependent; and a standard deduction for work related expenses (a table shall be used to determine the appropriate amount to deduct). Earned and unearned income shall be counted or excluded as mandated by federal laws, federal regulations, and Administrative Procedure Act rules in 10A NCAC 71U that govern the Food Stamp Program. 7 CFR 273.9 is hereby adopted by reference under G.S. 150B‑14(c).

(2) Assets: A household shall not have assets exceeding two thousand, two hundred dollars ($2,200). All assets will be counted with the exception of:

(a) Household or personal belongings (includes essential and non‑essential personal property);

(b) Cars;

(c) Primary residence (including mobile home) and all contiguous property;

(d) Income producing real property;

(e) Insurance (including burial, term and whole life cash values);

(f) Value of prepaid burial contracts;

(g) Value of burial plots;

(h) Savings of a student under age 18 who is saving his money for school expenses;

(i) Relocation assistance payments;

(j) That portion of monthly income deposited in a checking account to meet monthly needs;

(k) Non‑salable life estate or remainder interests;

(l) Heir property;

(m) HUD community development block grants;

(n) Any of a lump sum payment for the month received or the following month.

(3) Vulnerability: A household must be vulnerable to rising costs of energy. A household that is vulnerable to energy cost increases is one that is not protected against such increases under any other program.

(4) Citizenship: Individuals who are illegal aliens are not eligible for the Low Income Energy Assistance Program.

 

History Note: Authority G.S. 108A‑25; 143B‑153; 42 U.S.C. 8621(a); 8622(2); 8624(b); 7 C.F.R. 273.9;

Eff. November 19, 1980;

Amended Eff. September 1, 1991; October 1, 1990; March 1, 1990; August 1, 1985.

 

10A NCAC 71V .0104 BENEFIT LEVELS

Benefits will be determined based on:

(1) household size;

(2) income;

(3) heating region, the regional boundaries to be determined by differences in heating degree days; and

(4) fuel type, the categories to be determined by differences in cost per BTU; the state will pay benefits based upon the primary fuel type.

 

History Note: Authority G.S. 143B‑153;

Eff. November 19, 1980;

Amended Eff. September 1, 1982; October 19, 1981.

 

10A NCAC 71V .0105 METHOD OF PAYMENT

Energy assistance checks will be mailed directly to recipients.

 

History Note: Authority G.S. 143B‑153;

Eff. November 19, 1980.

 

10A NCAC 71V .0106 DUPLICATE PAYMENTS

There can be no duplicate payments to a household.

 

History Note: Authority G.S. 143B‑153;

Eff. November 19, 1980.

 

10A NCAC 71V .0107 OVERPAYMENTS AND SUSPECTED FRAUD

The rules in 10A NCAC 71W .0604 and 71W .0606 will govern for overpayments and suspected fraud.

 

History Note: Authority G.S. 143B‑153;

Eff. November 19, 1980;

Amended Eff. August 1, 1985.

 

10A NCAC 71V .0108 APPEALS

The rules in 10A NCAC 67A .0200 will govern for appeals with the following exceptions:

(1) Advance notice requirements do not apply;

(2) The appellant must request a state appeal within five calendar days from the date of the local hearing decision;

(3) The state will have 15 days to conduct a state hearing and render a decision.

 

History Note: Authority G.S. 108A‑25; 143B‑153;

Eff. November 19, 1980;

Amended Eff. October 1, 1983; October 19, 1981.

 

section .0200 crisis intervention program

 

10A NCAC 71V .0201 ELIGIBILITY REQUIREMENTS

A household must meet the following requirements to be eligible for the Crisis Intervention Program:

(1) Income: A household must have income at or below 150 percent of the federal poverty income guidelines. The rules in 10A NCAC 71V .0103 will govern for the definition and computation of income.

(2) Crisis: A household must be in a heating or cooling related crisis. A household is in a crisis if it is experiencing or is in danger of experiencing a life threatening or health-related emergency and sufficient, timely and appropriate assistance is not available from any other source.

(3) Citizenship: Individuals who are illegal aliens are not eligible for the Crisis intervention Program.

 

History Note: Filed as a Temporary Regulation Eff. November 24, 1981, for a period of 38 Days to Expire on January 1, 1982;

Authority G.S. 108A-25; 143B-153; 42 U.S.C. 82621(a); 8622(2); 8624(b); P.L. 93-66; P.L. 93-233; P.L. 96265;

Eff. January 1, 1982;

Amended Eff. October 1, 1990; August 1, 1985;

Temporary Amendment Eff. March 13, 2000;

Amended Eff. April 1, 2001.

 

10A NCAC 71V .0202 BENEFIT LEVELS

Payments to a household shall not exceed six hundred dollars ($600.00) in a state fiscal year. Counties may set lower maximums in their annual business plans for operating Low Income Home Energy Assistance Programs. Assistance shall be based upon the needs of the community, the severity of the crisis and the services needed.

 

History Note: Authority G.S. 108A-25; 143B-153;

Temporary Regulation Eff. November 24, 1981, for a period of 38 Days to Expire on January 1, 1982;

Eff. January 1, 1982;

Amended Eff. March 1, 1992; August 1, 1985;

Temporary Amendment Eff. March 13, 2000; August 24, 1998;

Amended Eff. November 1, 2007; April 1, 2001; July 1, 2000.

 

10A NCAC 71V .0203 METHOD OF PAYMENT

Methods of payment include direct payments to recipients, fuel payments on behalf of recipients, provision of in‑kind services or temporary shelter and minor home repairs.

 

History Note: Filed as a Temporary Regulation Eff. November 24, 1981, for a period of 38 Days to Expire on January 1, 1982;

Authority G.S. 143B‑153; 150B‑13;

Eff. January 1, 1982.

 

10A NCAC 71V .0204 OVERPAYMENTS AND SUSPECTED FRAUD

The rules in 10A NCAC 71W .0604 and 71W .0606 will govern for overpayments and suspected fraud.

 

History Note: Filed as a Temporary Regulation Eff. November 24, 1981, for a period of 38 Days to Expire on January 1, 1982;

Authority G.S. 143B‑153; 150B‑13;

Eff. January 1, 1982;

Amended Eff. August 1, 1985.

 

10A NCAC 71V .0205 APPEALS

The rules in 10A NCAC 71V .0108 will govern for appeals.

 

History Note: Filed as a Temporary Regulation Eff. November 24, 1981, for a period of 38 Days to Expire on January 1, 1982;

Authority G.S. 143B‑153; 150B‑13;

Eff. January 1, 1982.

 

10A NCAC 71V .0301 GROUPS COVERED

10A NCAC 71V .0302 ELIGIBILITY REQUIREMENTS

10A NCAC 71V .0303 BENEFIT LEVELS

10A NCAC 71V .0304 METHOD OF PAYMENT

10A NCAC 71V .0305 OVERPAYMENTS AND SUSPECTED FRAUD

10A NCAC 71V .0306 APPEALS

 

History Note: Authority G.S. 108A-25; 143B‑153;

Emergency Adoption Eff. October 9, 2003;

Temporary Adoption Eff. February 17, 2004;

Temporary Adoption Expired February 28, 2004.