(a) Home energy. For the Low Income Home Energy Assistance
Program (LIHEAP), home energy means a household's source of energy used to heat
or cool a residential dwelling per Section 8622(6) of Title 42 of the United
States Code (42 U.S.C. § 8622(6)).
Primary energy source.
(1) The primary energy source
during the winter heating application period is fuel used to heat the home.
(2) The primary energy source
during the summer cooling application period is electricity to cool the home.
(3) During an Energy Crisis
Assistance Program (ECAP) application period, the household may choose heating
or cooling as the primary energy source.
(c) Household. Household means any person or group of
persons who are living together as one economic unit and for whom residential
energy is customarily purchased in common, or who make undesignated payments
for energy in the form of rent per 42 U.S.C. § 8622(5).
(1) The income and resources of
all household members is considered per Oklahoma Administrative Code (OAC) 340:20-1-11procedures even when one or more household members is not eligible
to be included in the benefit per OAC 340:20-1-8 or (g)(5) of this Section.
(2) Refer to OAC 340:20-1-4
when one or more household members is a member of a tribe operating its own
(3) There is one authorization
per household for each heating and/or cooling application assistance period.
(d) Vulnerability. A household is vulnerable when it is totally
or partially responsible for the cost of home energy. A vulnerable household includes households
whose primary energy source is temporarily discontinued.
(e) Non-vulnerability. Non-vulnerable
households are those that do not bear any home energy expense. Examples of non-vulnerable living
congregate or domiciliary facilities, such as a nursing facility, college or
university dormitory, or fraternity or sorority housing;
households whose primary energy source is totally paid by someone other than a
household member; and
subsidized households whose heating and/or cooling costs are included in the
rent. Subsidized households assessed an
energy surcharge during the operation of LIHEAP may be eligible for assistance
when they provide verification of the surcharge. Acceptable
surcharge verification may be established by an itemized statement from the
landlord, a legally-binding lease agreement showing the surcharge, or a rent
receipt designating that the fuel cost is separate from the total shelter
household. Subsidized households are households that
receive a utility allowance to cover all or part of their energy cost, and/or
receive assistance in paying their rent or house payment on a regular
basis. Subsidized households are not
vulnerable when an agency or person pays the entire utility bill every month
even when the utility bill is in the name of a household member or the payment
is a loan.
(1) Assistance may be from a
government agency, such as a local housing authority, or a private person,
usually a relative or friend, who helps the household pay their utility bills,
rent or house payment, or allows the household to live rent free.
apartment rental rates in college or university-owned apartment complexes are
set lower than other apartments in the community to help the student, the
household is considered a subsidized household.
(3) Eligible subsidized
households with out-of-pocket utility expenses receive the same assistance
benefit as unsubsidized households.
(g) Eligible households. All eligible households must meet criteria in
(1) through (5) of this subsection or the application is denied.
Households must be totally or partially responsible for the cost of home
energy. • 2
Households must not exceed the gross income and resource standards per Oklahoma
Department of Human Services (DHS) Appendix C-7, Low Income Home Energy
Assistance Program Income and Resource Level by Household Size.
(3) Households must include at least
one citizen or eligible alien per OAC 340:20-1-8. An undocumented or ineligible alien may be
present in the home, but is not included in household size when determining the
household's financial eligibility or the benefit amount. The undocumented or ineligible alien's income
is considered per OAC 340:20-1-11(a)(4).
(4) The person making the application
must provide proof of identity per OAC 340:20-1-13(4).
(5) Each household member included in
household size for income and benefit determination must provide his or her
Social Security number (SSN) per OAC 340:20-1-13(3) and 340:65-3-1(f). When the household does not provide a SSN for
a household member, the person's income is counted but the person is not
included in determining the household's financial eligibility per DHS Appendix
C-7 or benefit amount per Appendix C-7-A.
(h) Benefit amount. LIHEAP
funding is contingent on the receipt of federal funds and authorized amounts
vary from year-to-year. Benefit amounts
are estimated and reserved for winter heating, summer cooling, and ECAP on a
yearly basis after the funding amount for the federal fiscal year is
Appendix C-7-A provides estimated benefit amounts for each program. Adjustments may be made to the estimated
benefit amount during the fiscal year because of changes in available funding
or anticipated need. The household
benefit amount is based upon the household's size, income, and primary energy
source. • 3