SECTION 340:20-1-10. Program factors

(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)).

(b)   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) 340:20-1-11 procedures 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 LIHEAP.

(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 arrangements include:

(1)   congregate or domiciliary facilities, such as a nursing facility, college or university dormitory, or fraternity or sorority housing;

(2)   households whose primary energy source is totally paid by someone other than a household member; and

(3)   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 payment.

(f)   Subsidized 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.

(2)   When 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.

(1)   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 known. DHS 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.

[Source: Amended at 9 Ok Reg 191, eff 10-17-91 (emergency); Amended at 9 Ok Reg 2455, eff 6-25-92; Amended at 10 Ok Reg 637, eff 12-14-92 (emergency); Amended at 10 Ok Reg 2259, eff 6-11-93; Amended at 11 Ok Reg 483, eff 11-15-93 (emergency); Amended at 11 Ok Reg 1671, eff 5-12-94; Amended at 12 Ok Reg 377, eff 11-17-94 (emergency); Amended at 12 Ok Reg 1713, eff 6-12-95; Amended at 14 Ok Reg 577, eff 12-12-96 (emergency); Amended at 14 Ok Reg 1336, eff 5-12-97; Amended at 15 Ok Reg 152, eff 12-1-97 (emergency); Amended at 15 Ok Reg 1604, eff 5-11-98; Amended at 20 Ok Reg 2912, eff 10-1-03 (emergency); Amended at 21 Ok Reg 837, eff 4-26-04; Amended at 26 Ok Reg 816, eff 6-1-09; Amended at 27 Ok Reg 1195, eff 6-1-10; Amended at 28 Ok Reg 805, eff 6-1-11; Amended at 29 Ok Reg 760, eff 7-1-12; Amended at 35 Ok Reg 1620, eff 9-17-18]