Tracking #2008-00724
FA/P 9/5/08, eff. 11/1/08

I:/08061001.rtf
[I:/08061001.doc]

(9 CCR 2503-1)

[Note:  statement of basis and purpose has been incorporated with # 08-7-1-2 (Tracking#2008-00725)]

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3.751.1  DEFINITIONS [Rev. eff. 11/1/08]
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[Instructions:  replace lines 1414222 through 1414223.]
“Date of Application”: For purposes of the Low-Income Energy Assistance Programs, the date of application shall be the date an application form that contains a legible name and address is received by the county department. 
“Disabled or Handicapped”: For purposes of the Low-Income Energy Assistance Programs, the term disabled or handicapped means persons who receive vocational rehabilitation assistance; such as Social Security disability, SSI, AB, AND, or veterans disability payments or who provide a physician's statement which indicates incapacity to engage in gainful employment. This definition may be different for other public assistance programs. 
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“Emergency/Expedited Applicant”: This is a household which has had heat service discontinued or is threatened with discontinuance, or is out of fuel or will run out of fuel within fourteen calendar days. Applications for households in these situations shall be processed expeditiously and the emergency addressed within ten working days of notification of the emergency by the applicant to the county department. 
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“Household”: The term “household” shall mean any individual or group of individuals who are living together as one economic unit for whom primary heating fuel is customarily purchased in common or who make undesignated payments for heat in the form of rent. 
Any individual considered as part of an approved household cannot subsequently be considered as part of another household during the same eligibility period.   Eff  12/01/2007
Each person living at a residence must be counted as either a member of the applicant's household or a member of a separate household.   Eff  12/01/2007
The maximum number of household members shall be fifteen (15). The maximum number of separate households shall be nine (9).   Eff  12/01/2007
The following cannot be classified as separate households: 
A.  Husband and wife living together;   Eff  12/01/2007
B.  Unemancipated minor(s) under the age of 18 and living in the same dwelling as the parent or guardian.
C.  Supplemental Security Income (SSI) recipients in shared households receiving reduced benefits. 
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“Primary Heating Fuel”: The primary heating fuel is the main type of fuel used to provide heat within the dwelling. When heat (such as natural gas and/or electric) is included in the rent, this may be reflected as “utilities” included in rent. 

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3.751.43  Request for a State Level Fair Hearing  [Rev. eff. 11/1/08] 
County departments shall notify the State LEAP office in writing within seven (7) days upon receipt of a request for a State level fair hearing by an applicant on Basic Program and Crisis Intervention Program. See Sections 3.850.1 – 3.850.56 of this rule manual. 
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3.751.54  Establishment of Recovery [Rev. eff. 11/1/08] 
Recoveries shall be established for households that have received program benefits and are subsequently determined to be ineligible or which received benefit amounts greater than the household was entitled to for the eligibility period. 
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3.751.61  Reporting [Rev. eff. 11/1/08] 
All recoveries shall be reported to the State Department at the conclusion of the program year. 
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3.752.1  APPLICATION PERIOD [Rev. eff. 11/1/08]
To determine eligibility, households shall submit a written State prescribed application form (IML-4) during the period of November 1st through April 30th. If April 30th for a particular calendar year ends on a holiday or weekend, then the eligibility periods shall be extended until the next business day. These programs are contingent upon the continued availability of funds in accordance with Sections 3.750.15 and 3.758.48. All application forms that are received or postmarked during the application period shall be accepted by the county department. Facsimile copies of completed application forms shall be accepted as valid. Application forms received from public assistance households (Colorado Works, OAP, AND, AB, and NCRA) prior to November 1st shall be accepted and may be processed; however, eligibility shall not be effective until November 1st (see Section 3.759.31 for application mailing dates). Application forms received or postmarked after the closing date shall be denied. Eligibility will be determined based on the applicant's circumstances as of the date the application is received. Although applications may be accepted and processed earlier, the effective date of application shall not be before November 1.
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3.752.22  Income and Household Size Criteria  [Rev. eff. 11/1/08]
A.  For purposes of determining a household's eligibility, income shall be the countable gross income in any four (4) weeks of the eight (8) weeks prior to application, which best represents the applicant’s current income situation.   Eff  12/01/2007
[instructional note: 2nd paragraph deleted]

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C.  All applicant households whose countable income for the eligibility period is equal to or less than 185% of the poverty level, shall meet the income requirements for the Basic Program.   Eff  12/01/2007
The amounts shown below indicate the maximum gross income limits as adjusted by family size. 

HOUSEHOLD SIZE	MONTHLY INCOME (185%)	
1	$1,604	
2	2,159	
3	2,714	
4	3,269	
5	3,824	
6	4,379	
7	4,934	
8	5,489	
Each Extra Person	555	

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3.752.23  Income Exclusions [Rev. eff. 11/1/08] 
The following exclusions and income calculation procedures shall be applied to household gross income:   Eff  12/01/2007
A.  Payments or benefits excluded as defined in the General Resource and Income Exemption Section of the “Resources and Income”  chapter in this staff manual, except that the following sections do not apply: 3.240.16, B-F; 3.240.41; 3.250.14; 3.250.15.   Eff  12/01/2007
B.  Financial aid from educational loans and grants as defined in Section 3.250.4 in this staff manual. 
C.  Earned income of children under the age of 18 who are residing with a parent or guardian. 
D.  Reimbursement received for expenses incurred in connection with employment from an employer.
E.  Reimbursement for past or future expenses, to the extent they do not exceed actual expenses, and do not represent gain or benefit to the household.
F.  Payments made on behalf of the household directly to others. 
G.  Payment received as foster care income. Foster children are not considered household members. 
H.  Home care allowance, if paid to a non-household member. 
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3.754.1  FACTORS FOR DENIAL [Rev. eff. 11/1/08]
Any of the following factors shall be the basis for the denial of an applicant household:*   Eff  12/01/2007
A.  Excess income; 3.752.22(04).   Eff  12/01/2007
B.  Not vulnerable to rising home heating costs; 3.752.25 (03).   Eff  12/01/2007
C.  A household not meeting citizenship/alien status requirements; 3.752.27 (13).   Eff  12/01/2007
D.  A household is a duplicate household or was previously approved as part of another household; 3.751.1, “Household” (06). 
E.  The household has voluntarily withdrawn its application; 3.756.18 (09).   Eff  12/01/2007
F.  The household has received Basic Program benefits from another county; 3.756.17 (10).   Eff  12/01/2007
G.  The household has failed to provide complete application information or required verification; 3.756.12 (11).   Eff  12/01/2007
H.  The household is not a resident of Colorado; 3.752.26 (07).   Eff  12/01/2007
I.  The household failed to sign the application form; 3.751.1, “Completed Application”, C (21). 
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3.755.13  [Rev. eff. 11/1/08]
The case record shall contain at a minimum: 
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G.  Copies of all written notices, including hand-written letters and system generated notices, sent to the applicant household requesting missing information and/or verification necessary to determine eligibility and/or payment level. 
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3.755.21  Adequate Verification of Income  [Rev. eff. 11/1/08]
The case record shall contain adequate verification of income. Adequate verification is defined as any of the following:   Eff  12/01/2007
A.  Unearned income, such as pensions or retirement income, veteran's benefits, workman's compensation, unemployment or supplemental security income shall be verified in writing, such as an award letter or cost of living adjustment (COLA) letter, issued after the last general increase for that type of assistance, which shows the gross amount before any deductions. Copies of bank deposits or checks shall not be adequate verification of gross income. 
B.  Verification of child support income shall include at a minimum:   Eff  12/01/2007
1.  Verification through the Automated Child Support Enforcement System (ACSES); or,   Eff  12/01/2007
2.  Verification through the Family Support Registry (FSR); or,   Eff  12/01/2007
3.  Copies of checks, money orders or other document(s) including written statements or affidavits from the non-custodial parent which documents the income paid directly to the custodial parent.   Eff  12/01/2007
C.  Social security income may be verified by an award letter, issued by the social security administration, after the last general increase. Gross social security income includes income before any deductions for Medicare or other medical insurance. Copies of bank deposit or checks shall not be adequate verification of gross social security income. 
D.  Earned income shall be verified for at least four (4) weeks of the 8 weeks prior to application and shall consist of pay stubs or statements from employers which state the period worked and the actual gross income earned, as long as that income is reflective of income at the time of application.   Eff  12/01/2007
E.  Public assistance income shall be verified through the most current active county records. The Low-Income Energy Assistance Program case record must specifically reference the source document of the income information via federal and/or state system inquiries (i.e., a copy of applicable CBMS screens). 
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I.  Verification of self-employment income shall include, at a minimum: 
1.  Profit and loss statements, i.e., self-employment ledger; and,   Eff  12/01/2007
2.  Receipts for business-related expenses are required to be considered as deductions. 
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3.755.41  Evidence of Vulnerability  [Rev. eff. 11/1/08]
All households shall be required to provide evidence of vulnerability for the primary heating fuel for the residence at the time of application. Evidence shall consist of items, such as a copy of the current or most recent fuel bill which the household is responsible for paying or a copy of the current or previous month’s rent receipt if heat is included in rent. In instances where a rent receipt is used to provide proof of vulnerability, the rent receipt must specifically notate that heat and/or utilities are included in rent. A lease or rent statement from the applicant's landlord is required if the rent receipt is not specific. The county may use prior year's fuel bill if the information supplied matches the current application/information. If historical information is being used to verify vulnerability, a notation must be made in the case record. If the fuel bill that is submitted as evidence of vulnerability is in the name of a person other than the applicant household, the case record shall contain a notation that explains the discrepancy in names. A disconnect notice from the heating fuel provider, that does not show a primary heating source, is not adequate evidence of vulnerability. 
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3.756.12  Application Processing [Rev. eff. 12/1/07] 
The county department shall be required to date stamp all application forms, verification, and information upon receipt. Beginning November 1st, all applications must be entered into the LEAP database in a pending status within fifteen (15) business days from the date the applications received in the county LEAP office. All applications received within the eligibility period must be added and either approved or denied no later than June 19th. The county department shall be required to review for duplicate applications. The county department shall determine if an application is complete as defined in the “Definitions”  section of these rules. If an application is not complete, the county department shall notify the applicant household, in writing through a LEAP system-generated letter, of information or verification necessary to determine eligibility and/or payment level. The applicant household shall be provided two (2) calendar weeks from the date the notice is postmarked to provide the requested information and/or verification. Clients who fail to submit the required verification shall be denied. However, the county department shall extend the period upon a showing of good cause for the applicant's failure to provide the necessary information or verification within the two (2) week period. The term "good cause" as used above is defined as conditions outside the control of the individual such as sudden illness, hospitalization, fire, theft, acts of God, and natural disasters. 
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3.756.16  County of Residence [Rev. eff. 11/1/08]
The county of residence for applicant households shall be the county where the applicant household is residing as of the date of application. An application received from a non-resident of the county shall be forwarded to the county of residence within three (3) working days. Processing time begins upon receipt of the application by the county of residence. The county forwarding the application shall, simultaneously, notify the applicant household, in writing, of the name, address, and phone number of the county to which the application was forwarded. 
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3.756.18  Withdrawn Application [Rev. eff. 11/1/08] 
An applicant who voluntarily withdraws his/her application in writing prior to eligibility being determined shall be denied. The applicant must notify the county in writing that they are voluntarily withdrawing their application. 
3.756.19  Unlocated Applicant [Rev. eff. 11/1/08]
An applicant who cannot be located prior to eligibility being determined shall be denied. The county must attempt to locate the applicant by mailing a forwardable letter to the last known address. If the applicant does not respond within 15 business days, the application shall be denied. 
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3.756.2  ADVANCE PAYMENT OF THE BASIC PROGRAM BENEFIT (APPLICABLE ONLY WHEN A SIGNED VENDOR AGREEMENT HAS NOT BEEN SECURED) [Eff. 11/1/08]
When a request for an advance of the Basic Program benefit(s) has been filed with the county department, it shall notify the appropriate fuel vendor the same day or next working day to attempt to forestall a termination of service or to restore service. The need for an advance payment due to an emergency shall be documented by: 
A.  A shut-off notice or other documentation of intent to terminate heating services by the heating supplier or landlord or that termination of service has occurred; or,   Eff  12/01/2007
B.  A written declaration by the household that the fuel supply has been or will be depleted within the next two weeks.   Eff  12/01/2007
C.  Eviction notice that clearly states heat is included in the rent. 
For purposes of advance payment, notices of denial shall advise the applicants of the reason for denial, appeal rights and procedures including, but not limited to, a hearing.   Eff  12/01/2007
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3.758.42 - 3.758.45  (None) [Rev. eff. 11/1/08]

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3.758.47  Methodology for Calculating Basic Program Benefits [Rev. eff. 11/1/08]
The payment amount for an eligible basic program household shall be determined in accordance with the following method: 
Step A.  Determine Estimated Home Heating Costs (EHHC)
The county department shall determine estimated home heating costs for November 1st through April 30th for the household's current residence at the time of application.  The methodology for calculating estimated home heating costs is outlined below. 
The county department shall determine the applicant household's estimated home heating costs as follows: 
1.  An applicant household's estimated home heating cost shall consist of the total actual home heating costs for the primary heating fuel for November 1st through April 30th, of the prior year's heating season. Vendors serving applicant households shall be required to supply actual home heating costs for November 1st through April 30th of the prior year's heating season.
2.  For any applicant whose home heating costs for the prior year's heating season are not available or determined by the county department to be invalid, the following flat rate amounts, based on the household's primary heating fuel, shall be used as the amount of estimated home heating costs: 

FLAT RATES 2008-2009

TYPE OF DWELLING			FLAT RATE AMOUNTS						 
	Nat'l Gas	Propane/
Fuel Oil	Electric	Wood	Coal	Other	
House/mobile home
	$745	$1,091	$1,015	$911	$695	$695	
Duplex, triplex, fourplex, townhouse	$610	$  890	$  808	$482	$482	$482	
Apartment/condominium, rooming/boarding house, hotel	$506	$  810	$  631	$482	$482	$482	
Cabin, RV, 5th wheel, camper	$432	$  432	$  432	$432	$432	$432	
Other fuels may include wood pellets and corn or corn products.
3.  For any applicant whose home heating costs are included as part of the rental costs, the following standard rate amounts shall be used as the estimated home heating costs.  The standard amounts for heat in rent are based on a percentage of the flat rate chart. 

STANDARD RATE FOR HEAT IN RENT 2008-2009

TYPE OF DWELLING			STANDARD RATE AMOUNTS				
	NAT'L GAS	PROPANE/
FUEL OIL	ELECTRIC	WOOD	COAL	
House/mobile home
	$298	$436	$406	--	--	
Duplex, triplex, fourplex, townhouse	$244	$356	$324	--	--	
Apartment/condominium, rooming/boarding house, hotel	$202	$324	$250	--	--	
Cabin, RV, 5th wheel, camper
	$250	$250	$250	$250	$250	

Step B.  Initial Statewide Adjustment
The state LEAP office will adjust benefit levels at the beginning of each LEAP program year based upon the projected number of leap applications to be received and the estimated level of funding. Annually, this calculation determines the percentage of the estimated home heating costs (EHHC) of the applicant household to be adjusted.
Step C.  Adjustment for electric heat
Households using electric heat will have their electric usage costs reduced to the percentage amounts listed below. 

HEAT PORTION OF TOTAL ELECTRIC EHHC
House/mobile home
	62% for heat	
Townhouse/duplex/
triplex/fourplex	48% for heat	
Apartment, condominium, hotel, 
rooming house	43% for heat	
Cabin, RV, 5th wheel, camper
	50% for heat	
Step D. Adjustment for Shared Living Arrangements
The estimated home heating costs shall be adjusted if the household shares living arrangements with other households but is determined to be a separate household as defined in the "Definitions" section of these rules. If the household shares living arrangements with other households, the estimated home heating cost shall be divided by the number of separate households sharing the living arrangements, whether or not all households sharing the living arrangements are eligible for the basic program.
Step E. Adjustment for Subsidized Housing Home Heating Allowance
The State Department shall adjust the amount of estimated home heating cost remaining after Step B if the household resides in subsidized housing (as defined in the "Definitions" section of these rules). A flat rate rental cost allowance for heating ($30 per month or $180 per heating season) shall be deducted from the remaining amount of estimated home heating costs. If the household does not live in subsidized housing, the amount remaining after Step B shall be the estimated home heating cost.  
Step F.  Determine Income Contribution
The amount of an eligible household's income contribution towards payment of home heating costs shall be determined according to the household's level of poverty. To determine poverty level, the total income for a household shall be divided by the applicable poverty level index for the appropriate family size. Once poverty level has been determined, the eligible household's income contribution will be calculated as follows: 

LEVEL OF POVERTY		HOUSEHOLD CONTRIBUTION		 
0-75%
	0% 	
76-100%	1% of countable income	
101-150%	2% of countable income	
151-185%	3% of countable income	
Step G.  Determine Basic Program Amount
The State Department shall determine a benefit amount for each eligible household by subtracting the applicable adjustments listed above, in Steps B-F from the household’s estimated home heating costs (EHHC) determined in Step A, 1-3. Any eligible household will receive at least the minimum, up to and including, the maximum benefit amount established by the Department for the program year. 
3.758.48  Adjustments [Rev. eff. 11/1/08]
The State Department will provide the county departments advance written notice of any statewide benefit level adjustments. 
Any statewide adjustment to the LEAP benefit level cannot be appealed.   Eff  12/01/2007
The benefit amount in a prior LEAP season is not indicative of a current LEAP season benefit amount and benefit levels may vary from season to season depending on funding and the applicant pool.   Eff  12/01/2007
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3.760.11  Federal Funds [Rev. eff. 11/1/08] 
The State Department shall reserve a reasonable amount of federal funds based on data from prior years authorized to the Department of Human Services under the Low-Income Home Energy Assistance Act for the Crisis Intervention Program. Crisis Intervention Program funds shall be available from November 1 through April 30th for full benefit coverage and May 1st through October 31st exclusively for the repair or replacement of the primary heating system for households who received Low-income Energy Assistance Program (LEAP) benefits during the preceding November 1 through April 30. The program dates may be modified by the State Department if circumstances occur requiring LEAP intervention. Impacted counties shall be authorized to provide emergency assistance to eligible households. 
3.760.12  Purpose of CIP [Rev. eff. 11/1/08] 
The Crisis Intervention Program is intended to assist households composed of low-income families and individuals. The program is for eligible households up to 185% of the poverty level to address non-fuel related emergencies and is primarily intended to assist eligible households with heating system repairs or replacements for the primary heating source only. The Crisis Intervention Program does not provide heating system maintenance of any kind including, but not limited to, heating system filter cleaning or routine maintenance. 

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3.760.14  Eligibility [Rev. eff. 11/1/08] 
To be determined eligible for the Crisis Intervention Program, households must meet eligibility requirements for the Basic Program and, in addition, meet the following requirements: 
A.  Households shall be in a home heating related crisis as defined in these rules in order to qualify for Crisis Intervention Program benefits.   Eff  12/01/2007
B.  Counties/state personnel must approve the CIP application and authorize the work before such work may begin. The county/state department shall deny any CIP non-fuel application where repair work begins prior to county authorization unless such work is essential to remedy a life-threatening situation.   Eff  12/01/2007
A life-threatening situation exists when the health and safety of an applicant household is in jeopardy as a result of a heating system failure or excessive loss of heat to a residence during periods of extreme cold weather. If a life-threatening situation occurs during non-business hours (i.e., nights, weekends, holidays) and emergency repair work is required, the county department may retroactively approve a CIP application if the application is submitted within 5 working days. This may be extended if the applicant provides proof of extenuating circumstances, including, but not limited to, acts of God, weather-related emergency, or family emergency. In addition, the emergency must be fully documented and the costs of the repair work justified.   Eff  12/01/2007
County departments shall provide some form of assistance to any eligible household in a heating crisis within forty-eight (48) hours of application. Such assistance will be provided to eligible households in energy related life threatening situations within eighteen (18) hours of application. Such form of assistance may include, but is not limited to, referrals to other human service agencies, fuel providers, or other individuals or agencies which are capable of remedying the crisis situation. 
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3.760.21  Home Heating Related Crisis [Rev. eff. 11/1/08]
A home heating related crisis is defined as follows:   Eff  12/01/2007
A.  Primary heating system failures that have resulted in no heat, such as, replacement of motor belt, thermostat or other emergency repairs. 
B.  Other situations where heat is escaping from the dwelling to such an extent that the primary heating system cannot maintain a safe indoor air temperature as defined in these rules.   Eff  12/01/2007
C.  Severe snowstorms that require emergency removal of snow. 
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3.760.43  Factors as Basis for Denial [Rev. eff. 11/1/08] 
Any of the following factors shall be the basis for the denial of an applicant household for Crisis Intervention Program benefits:   Eff  12/01/2007
A.  Work began on CIP Non-Fuel Emergency before approval and authorization, 3.760.14, B (12); 
B.  The household is a duplicate household, 3.751.1, “Household” (06); 
C.  The household has voluntarily withdrawn its application, 3.756.18 (09); 
D.  The household has failed to provide complete application information or required verification, 3.756.12 (11); 
E.  The household is not in a home heating related emergency situation when the household applies for Crisis Intervention Program assistance, 3.760.14, A (17); 
F.  The Crisis Intervention Program benefit will not remedy the emergency situation, 3.760.31 (19); 
G.  The household in life-threatening situation failed to apply for CIP non-fuel within 5 working days or as extended by the county, 3.760.14, B(20); 
H.  The household has received the maximum program benefits, 3.760.31(16); 
I.  The household filed an application after the program deadline, 3.752.1(14); 
J.  The household failed to sign the application, 3.751.1, “Completed Application”, C (21); 
K.  The household has moved to another county while the application was pending, 3.756.16 (24); 
L.  Unable to locate, 3.756.19 (25); 
M.  Does not meet eligibility requirements for Summer CIP, 3.760.11 (22); 
N.  Landlord, or authorized landlord representative, refused CIP, 3.760.14, C (15); 
O.  The applicant is not Basic Program eligible, 3.760.14 (28); 
P.  CIP does not cover routine maintenance, 3.760.12 (29); 
Q.  Someone other than LEAP paid for the CIP repair in its entirety, 3.760.31 (30).
(Note: The rule citation is shown followed by the denial reasons which are to be used when coding the worksheet and entering data into the computer system.)   Eff  12/01/2007
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