Tracking #2006-00471

#06-5-26-1
I:/06052601.doc
[I:/06052601.rtf]

(9 CCR 2503-1)

[Note: Statement of Basis and Purpose has been incorporated w/#06-5-25-1 (Tracking #2006-00470).]

[Instructions:  replace lines 1117734 through 1117786.]
3.751.1  DEFINITIONS [Rev. eff. 11/1/06]
A.  “Bulk Fuel”
Bulk fuel is an energy source for home heating which may be purchased in quantity from a fuel supplier and stored by the household to be used as needed. Normally, bulk fuel includes wood, propane, kerosene, coal and fuel oil.
B.  “Completed Application” 
An application shall be considered to be a completed application when:
1.  The applicant has provided an adequate response to all application questions which are necessary to determine eligibility and payment level;
2.  The applicant has provided all required verification;
3.  The application is signed;
4.  The applicant has provided proof of lawful presence in the United States (see Section 3.140.11). 
C.  “Date of Application” 
For purposes of the Low-Income Energy Assistance Programs, the date of application shall be the date a signed application form that contains a legible name and address is received by the county department.
D.  “Disabled or Handicapped”
The term disabled or handicapped means persons who receive vocational rehabilitation assistance, Social Security disability, SSI, AB, AND, or veterans 100% disability payments or who provide a physician's statement which indicates incapacity to engage in gainful employment.
E.  “Elderly” 
For the purposes of these rules, the term elderly means aged 60 or over.
F.  “Eligibility Period” 
There shall be one eligibility period for the Basic Low-Income Energy Assistance Programs from November 1st through April 30th. The furnace repair/replacement component of the Crisis Intervention Program shall operate year round. All other components of the Crisis Intervention Program shall operate from November 1 through April 30. These programs are contingent upon the continued availability of funds.
G.  "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 ten 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.
H.  “Estimated Home Heating Costs” 
The amount of the heating costs incurred during the previous heating season for address at time of application to be used as an estimate, or projection, of the anticipated heating costs for the current heating season (November 1st through April 30th). Such estimated heating costs shall not include payment arrearages, investigative charges, reconnection fees, or other such charges not related to residential fuel prices and consumption levels.
I.  "Heat Related Arrearage"
Any past due amounts for the primary heating fuel and/or supportive fuel.
J.  “Home Heating Costs” 
Charges related directly to the primary heating fuel used in a residential dwelling.
K.  “Household” 
The term “household”   shall mean any individual or group of individuals who are living together as one economic unit for whom residential energy is customarily purchased in common or who make undesignated payments for energy 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.
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.
The maximum number of household members shall be fifteen (15). The maximum number of separate households shall be nine (9).
The following cannot be classified as separate households:
1.  Husband and wife living together;
2.  Supplemental Security Income (SSI) recipients in shared households receiving reduced benefits.
L.  “Non-Bulk Fuel” 
Non-bulk or metered fuel is an energy source for home heating which is provided by a utility company and is regulated and metered by the utility company. Normally, non bulk fuel includes natural gas and electricity.
M.  “Poverty Level” 
The term poverty level as used in these rules describes federal guidelines updated annually by the U.S. Department of Health and Human Services. The guidelines, printed in the Federal Register, establish minimum subsistence income levels by household size.
N.  “Primary Heating Fuel” 
The primary heating fuel is the main type of fuel used to operate the primary heating source of the dwelling.
O.  “Primary Heating Source” 
The primary heating system that provides heat to the dwelling such as a furnace, wood burning stove or boiler.
P.  “Program Year” 
The term program year means from November 1st through April 30th for the Basic Program. The furnace repair/replacement component of the Crisis Intervention Program shall operate year round. All other components of the Basic and Crisis Intervention Program shall operate November 1st through April 30th.
Q.  “Public Assistance Income” 
For purposes of verifying income under the Low-Income Energy Assistance Programs, the term public assistance income shall mean income received from the following types of Department of Human Services programs:
1.  Colorado Works;
2.  OAP (Old Age Pension, both the SSI-supplement and State-only groups);
3.  AND (Aid to the Needy Disabled, both the SSI-supplement and State-only groups);
4.  AB (Aid to the Blind, both the SSI-supplement and State-only groups);
5.  NCRA (Non-Categorical Refugee Assistance).
R.  "Safe Indoor Temperature"
A temperature that is maintained by the dwelling's primary heating system to prevent endangering the life, health, or safety of the household members. A LEAP contractor shall make an on-site determination as to whether the above conditions exist and make a recommendation to LEAP to remedy the situation. LEAP will make the final determination as to the level of repairs to be authorized under these conditions.
S.  “Subsidized Housing” 
Subsidized housing means housing in which a tenant receives a governmental or other subsidy (e.g., assistance provided by a church) and the amount of rent paid is based on the amount of the tenant's income.
T.  "Supportive Fuel"
Supportive fuel is an energy source needed to operate the primary heating system in a residential setting, such as electricity as a supportive fuel required to operate a natural gas furnace.
U.  “Vendor” 
A vendor is an individual, a group of individuals, or a company who is regularly in the business of selling fuel (bulk or non bulk) to customers for residential home heating purposes.
3.751.2  (None)

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[Instructions:  replace lines 1117812 through 1117813.]
3.752.1  APPLICATION PERIOD [Rev. eff. 11/1/06]
To determine eligibility, households shall submit a written State prescribed application form (IML-4) during the period of November 1st through April 30th.  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 determined 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.

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[Instructions:  replace lines 1117816 through 1117843.]
3.752.22  Income and Household Size Criteria [Rev. eff. 11/1/06]
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.
Although applications may be accepted and processed earlier, the official date of application shall not be before November 1.
B.  Determining Monthly Income
If a household member is paid less than monthly, the county department shall determine gross monthly income by:
1.  Weekly/Bi-Weekly Income
a.  Weekly Income
Calculate an average weekly income by adding the gross earnings for 4 weeks and divide by 4. Multiply the average weekly income by 4.3333 to compute the gross monthly income.
b.  Bi-Weekly Income
To calculate an average weekly income using bi-weekly income, add 2 pay stubs to get 4 weeks of income. Divide by 4 to get weekly average and multiply by 4.3333 to compute the gross monthly income. If there are 3 pay periods during a given month, add all three and divide by 6, then multiply by 4.3333.
2.  Semi-Monthly Income
Adding gross semi-monthly amounts to obtain total monthly income.
3.  Partial Month Income
a.  Terminated Income
If a household member's income is terminated during the month of application, as of the application date, use actual income received/expected for the month (do not use 4.3333 calculation).
b.  Earned Income
If a household member has a new source of earned income, beginning during the application month as of the application date, use projected income for the month (do not use 4.3333 calculation).
c.  Unemployment/Other Unearned Income
If a household member has not received his/her first check from this source of income as of the application date, do not count any income from this source. If the household member has received the first check from this source of income as of the application date, use projected income for the month (do not use 4.3333 calculation).
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.
The amounts shown below indicate the maximum gross income limits as adjusted by family size.

HOUSEHOLD SIZE	MONTHLY INCOME (185%)	
1	$1,511	
2	2,035	
3	2,559	
4	3,083	
5	3,608	
6	4,132	
7	4,656	
8	5,180	
Each Extra Person	524	

D.  Income shall be treated in accordance with the rules as contained in the Resources and Income chapter of this staff manual pertaining to the adult programs.
E.  The following factors shall be considered as of the date of application: income, vulnerability, fuel type, Colorado state residency, U.S. citizenship/alien status, household composition, shared living arrangements and estimated home heating costs.
F.  Households which have been denied basic benefits and have had changes in circumstances may reapply.
G.  At each county's option, the county department may approve or deny shared household residents who move into a residence after a household(s) currently residing at the same residence that has been approved for 100% of the LEAP benefit. County departments shall consider whether the new resident has an actual home heating paying liability when determining that household's LEAP eligibility.
The county department may deny an applicant if that applicant is a new resident of a shared household and a full LEAP benefit has already been approved; or, the county department may approve an applicant if that applicant is a new resident of a shared household and the full basic LEAP benefit has already been approved. The applicant must meet all other eligibility criteria and will have the benefit based on the number of shared households residing at the residence at time of application.

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[Instructions: replace lines 1117871 through 1117873.]
3.752.27  Citizenship - Alien Requirements [Rev. eff. 11/1/06]
Applicant households must meet the lawful presence in the United States requirements as contained in Section 3.140 of this staff manual, with the exception that there is no requirement for length of residency in the United States.
A household member who does not meet citizenship/alien requirements shall not be included as a household member; however, all countable income of this individual shall be counted as part of the household's total income.

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[Instructions: replace lines 1117891 through 1117907.]
3.754.1  FACTORS FOR DENIAL [Rev. eff. 11/1/06]
Any of the following factors shall be the basis for the denial of an applicant household:*
A.  Excess income;  3.752.22(04).
B.  Not vulnerable to rising home heating costs; 3.752.25 (03).
C.  A household not meeting citizenship/alien status requirements; 3.752.27 (13).
D.  A household is a duplicate household; 3.751.1, K (06).
E.  The household has voluntarily withdrawn its application; 3.756.18 (09).
F.  The household has received Basic Program benefits from another county; 3.756.17 (10).
G.  The household has failed to provide complete application information or required verification; 3.756.12 (11).
H.  The household is not a resident of Colorado; 3.752.26 (07).
I.  The household failed to sign the application form; 3.751.1, B, 3 (21).
J.  The household filed an application after the program deadline; 3.752.1 (14).
K.  The household has moved to another county while the application is pending, unless the 50 day timely processing period has expired, in which case the original county shall determine eligibility and payment level; 3.756.16 (24).
L.  Unable to locate; 3.756.19 (25).
M.  Refused weatherization services from a state weatherization agency; 3.752.28 (26).
N.  Household(s) currently residing at this residence has already received the full basic LEAP benefits; 3.752.22, G (27).
O.  The applicant failed to provide valid identification; 3.140.11, B, 1 (05).
P.  The applicant failed to provide an affidavit; 3.140.11, B, 2 (08).
Q.  The applicant failed to provide valid identification; 3.140.11, B, 1, and the applicant failed to provide an affidavit; 3.140.11, B, 2 (18).
(*Note: The rule citation is shown followed by the denial reasons which are to be used when coding the worksheet and data entering into the computer system.)

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[Instructions: replace lines 1117912 through 1117943.]
3.755.13  The case record shall contain at a minimum: [Rev. eff. 11/1/06]
A.  The application and any other supplemental forms the applicant is required to submit;
B.  Documentation of all verification as required in these rules;
C.  Copy(ies) of completed IML 3T worksheets. All actions (except case pending) must have a corresponding hand coded IML-3T (turn-around).
D.  Copy(ies) of the approval or denial notices to households;
E.  Written explanation on a report of contact sheet or other such document of any discrepancy between information contained on the application and information reported on the IML 3 worksheet;
F.  Calculations used to compute income, documentation of the source of estimated home heating costs and any other written notations on a report of contact sheet or other similar document necessary to provide a clear and adequate record of action taken on the case. The eligibility workers shall date and initial each entry.
G.  Verification of self-employment income shall include at a minimum: 
1.  Profit and loss statements.
2.  Receipts for business-related expenses used as tax deductions. 
H.  Copies of hand written notices sent to the applicant household requesting missing information and/or verification necessary to determine eligibility and/or payment level.
I.  Complete documentation in emergency or expedited cases including when, to whom, and how a vendor contact is made.
3.755.2  VERIFYING INCOME
3.755.21  Adequate Verification [Rev. eff. 11/1/06]
The case record shall contain adequate verification of income. Adequate verification is defined as any of the following:
A.  Unearned income, such as pensions or retirement income, veteran's benefits, workman's compensation or unemployment or supplemental security income shall be verified by an award 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.  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, by themselves, be adequate verification of gross social security income. Gross social security income may be determined from copies of bank deposits or checks which show the funds to be social security income, together with the information provided on the application, specifying the amount of deductions, such as Medicare premiums, from gross social security payments.
C.  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.
D.  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 (i.e., source document name and/or number and document date).
E.  Verification of income other than public assistance income of applicant households may be obtained through the most current active county records. The Low Income Energy Assistance Program case record must specifically reference the source document of the income verification (i.e., source document name and/or number and document date).
F.  In determining self employment income, income shall be verified for at least four (4) weeks of the 8 weeks prior to the date of application.
G.  Verification may be obtained by telephone, provided that the case record contains complete information on the name and title of the person contacted, the name of the employer or agency, the period of employment and the actual gross income received, earned or unearned.
H.  In verifying zero income, the county shall examine income of all adult members of the household by one or more of the following methods;
1.  Obtain a reasonable explanation in writing from the household on how they meet living expenses;
2.  Verify eligibility for unemployment benefits or verify final date of employment with last employer;
3.  Colorado Benefits Management System (CBMS).
3.755.3  (None)
3.755.4  VULNERABILITY
3.755.41  Evidence of Vulnerability [Rev. eff. 11/1/06]
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. 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 which explains the discrepancy in names.
3.755.42  Subsidized Housing Rent Documentation [Rev. eff. 11/1/93]
Applicant households, living in subsidized housing units, where home heating costs are paid as part of rent, shall be required to provide a copy of a rental agreement or other documentation specifying that the household is subject to rent increases or heating surcharges when home heating usage exceeds the amount of the household's heating allowance.
3.755.43  Wood Permits [Rev. eff. 11/1/92]
Applicants who cut their own wood shall be required to provide a copy of their wood cutting permit. If a permit is not available, the applicant must provide a written and signed statement that he cuts his own wood, plus documented proof that he cuts it on his own land or has permission of the landowner.
3.755.5  ESTIMATED HOME HEATING COSTS
3.755.51  Verification [Rev. eff. 11/1/06]
County departments shall obtain verification of estimated home heating costs. Verification shall consist of evidence provided by fuel vendor or applicant for the residence at the time of application.
If the county changes the estimated home heating costs (EHHC) originally provided by the fuel vendor, the county must obtain written verification of this change from the fuel vendor. The written verification from the vendor shall be placed in the case record.
3.755.6  OTHER FACTORS AFFECTING ELIGIBILITY AND PAYMENT AMOUNTS [Rev. eff. 11/1/06]
Other factors affecting eligibility and payment amounts of an applicant household may be verified if determined necessary by a county department.

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[Instructions:  replace line 1117972.]
3.758.14 [Rev. eff. 11/1/06]
The benefit will be disbursed in two payments. Initial payments will be issued beginning in November. Final payments will be issued beginning in February unless the program is shortened due to inadequate funding.

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[Instructions:  replace lines 1117974 through 1117979.]
3.758.16  Advance Payments [Rev. eff. 11/1/06]
Approved households which are in need of emergency assistance to address actual or potential shutoff or financial inability to purchase the primary heating fuel and who are served by vendors who have not signed vendor agreements shall be entitled to an advance of the basic program payment(s) up to the full benefit amount. Eligibility determination for such households shall be expedited within ten (10) working days. When an applications for an advance of the Basic Program payment(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. For purposes of advance payment, notices of denial shall advise the applicant of the reason for denial, appeal rights and procedures, including, but not limited to, a forthwith hearing. 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 services has occurred; or, 
B.  A written declaration by the household that the fuel supply has been or will be depleted within the next two weeks.
3.758.17 Electric Diversions [Rev. eff. 11/1/06]
A.  Counties may allow eligible households to divert up to one-half of the LEAP benefit to a vendor supplying electricity needed to operate their furnace. Counties may approve electric diversions when electricity is provided by a different vendor than the primary heating fuel and the eligible household has an electric shut-off notice or has had electric services discontinued.

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[Instructions:  replace lines 1118070 through 1118086.]
3.758.47  Methodology for Calculating Basic Program Benefits [Rev. eff. 11/1/06]
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 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 or the 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.  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	
OTHER	50% for heat	

3.  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  2006-2007
TYPE OF DWELLING  	     FLAT RATE AMOUNTS							
	Nat'l Gas	Propane/Fuel Oil	Electric	Wood	Coal	Other	
							
House/Mobile Home	$609	$885	$895	$703	$551	$547	
							
Duplex, Triplex, Fourplex, Townhouse	$487	$757	$668	$240	$240	$240	
							
Apartment, Rooming/Boarding House, Hotel	$377	$537	$505	$240	$240	$225	
							
Automobile, Camper/Van	$225	$403	$225	$225	$225	$225	
							
Non-Traditional (bus, tent, wagon, lean-to, etc.)	$225	$225	$225	$225	$225	$225	

4.  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:
STANDARD RATE FOR HEAT IN RENT 2006-2007
TYPE OF DWELLING	     STANDARD RATE AMOUNTS						
	Nat'l Gas	Propane/Fuel Oil	Electric	Wood	Coal	Other	
							
House/Mobile Home	$244	$354	$358	$281	$220	$217	
							
Duplex, Triplex, Fourplex, Townhouse	$193	$303	$267	$100	$100	$100	
							
Apartment, Rooming/Boarding House, Hotel	$151	$215	$100	$100	$100	$100	
							
Other (non-traditional dwelling)	$100	$100	$100	$100	$100	$100	

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[Instructions:  replace lines 1118128 through 1118147.]
3.760.11  Federal Funds [Rev. eff. 11/1/99]
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 a broken furnace 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. 11/1/06]
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.
3.760.13  Applications [Rev. eff. 11/1/99]
Applications for Crisis Intervention Program benefits shall be taken from November 1st through April 30th or until funds are exhausted, whichever occurs first, and in addition, applications exclusively for furnace repair or replacement shall be taken from May 1 through October 31 unless funds are exhausted. 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. All application forms which are received or postmarked during the application period shall be accepted by the county department. Crisis Intervention Program (CIP) applications, exclusively for furnace repair or replacement received from persons who were found eligible for LEAP during the preceding November 1 through April 30, shall be accepted from May 1 through October 31 and sent to the state LEAP office for eligibility and payment determination by State staff. Application forms received prior to November 1st shall be accepted; however, no applications received prior to November 1st shall be processed until November 1st. Application forms received or postmarked after the closing date shall not be approved by the county department unless the application period is extended. The type of assistance offered under these conditions shall be determined by the State Department and impacted counties.
3.760.14  Eligibility [Rev. eff. 11/1/05]
To be determined eligible for the Crisis Intervention Program, households must meet the same eligibility requirements outlined in the sections pertaining to 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.
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.
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.
C.  County or State personnel shall obtain permission from a landlord, or authorized landlord representative, before conducting Crisis Intervention Program repairs at a rental unit. Such permission may be acquired in written form or verbally. Verbal approval must be documented in the case file. Exceptions may be made in cases where renters provide proof of written authority (e.g., in a lease agreement) to approve work on the rental property.
County or State personnel shall provide some form of assistance to Crisis Intervention Program applicants, such as space heaters, for ten (10) working days from the date of application or until they can obtain landlord permission and complete permanent repairs, whichever comes first. County or State LEAP staff shall deny the Crisis Intervention Program application if they cannot secure landlord approval within ten (10) working days of the application filing.
If county/state eligibility personnel determine that the Crisis Intervention Program applicant remains in an unsafe or potentially unsafe situation, the staff shall refer the case to local public health, law enforcement, adult protection, child protection, social services, or other appropriate agency for immediate remedial action after no more than five (5) working days of unsuccessfully trying to obtain landlord approval.
3.760.15  Emergency Situations [Rev. eff. 11/1/93]
The procedures pertaining to eligibility determination as described in the rules of the Basic Program shall apply except that eligibility determination shall be expedited to handle the emergency situation. Documentation and verification of heat related emergencies shall be maintained in the case record.
3.760.16  CIP Application [Rev. eff. 10/1/01]
Crisis Intervention Program applicants shall submit a written application form (IML-4) and a state prescribed Crisis Intervention Program supplemental form (IML-4C) to the county department either in person or by mail in order to be considered for assistance. Applications for furnace repair or replacement received between May 1st and October 31st shall be submitted to the county office or to an authorized weatherization agent who will in turn transmit the CIP application to the state LEAP office for eligibility determination and payment processing. Neither the county department nor the state office shall require office interviews. These forms and all verification/information must be date stamped upon receipt. The Crisis Intervention Program application may be signed by any adult household member listed on the original LEAP application. CIP applications must be processed within four (4) working days. If a CIP application is denied, a written denial notice must be sent to the household within the above time frames.
3.760.2  BENEFIT COVERAGE
3.760.21  Heating Costs [Rev. eff. 11/1/06]
A home heating related crisis is defined as follows:
A.  Heating system failures which 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.
C.  Severe snowstorms which require emergency removal of snow.
D.  Funds for or actual provision of emergency clothing or blankets, emergency shelter and/or alternative fuel provisions in cases of severe cold, major heating systems failure, fire, flood, or fuel shortage where the heating system's failure cannot be corrected by minor repairs, the household is burned out or flooded out or the fuel supplier cannot deliver due to inability to maintain his supply for sale.
E.  Energy costs necessary to operate a life support system which is necessary for the health of an approved applicant or member of an approved household.
F.  Other crises which are directly related to home heating costs other than payment of the primary heating fuel or heating utility bills, except as defined in these rules, which are approved by the county director.

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[Instructions:  replace lines 1118150 through 1118152.]
3.760.31  Non-Fuel Related Payments [Rev. eff. 11/1/06]
Non fuel related payments to eligible households shall be the minimum amount required to avert or alleviate each crisis not to exceed $1,500 total during the entire program year. Households that share living arrangements shall not receive more than $1,500 in combined non-fuel benefits during the program year. If the maximum amount of non-fuel related payments available will not remedy the emergency, the application must be denied.
County/state departments shall require households to participate financially in alleviating or averting each emergency to the extent that such participation shall not deprive the household of income required for ordinary and necessary living expenses which include food, clothing, shelter, utilities, household supplies, insurance medical necessities, routine transportation and routine personal needs.
3.760.32  Non-Fuel Related Emergencies [Rev. eff. 11/1/97]
For non fuel related emergencies, the Crisis Intervention Program payment may be made directly to an eligible household or to a vendor/repair company. Payments shall not be made payable to a landlord or other provider of shelter except for emergency shelter as provided in the section on “Benefit Coverage”   in these rules.

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[Instructions:  replace lines 1118157 through 1118178.]
3.760.43  Factors as Basis for Denial [Rev. eff. 11/1/06]
Any of the following factors shall be the basis for the denial of an applicant household for Crisis Intervention Program benefits:
A.  Excess income, 3.752.22 (04);
B.  Not vulnerable to rising home heating costs, 3.752.25 (03);
C.  Work began on CIP Non-Fuel Emergency before approval and authorization, 3.760.14, B (12);
D.  The household does not meet U.S. citizenship/alien requirements, 3.752.27 (13);
E.  The household is a duplicate household, 3.751.1, K (06);
F.  The household has voluntarily withdrawn its application, 3.756.18 (09);
G.  The household has failed to provide complete application information or required verification, 3.756.12 (11);
H.  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);
I.  The Crisis Intervention Program benefit will not remedy the emergency situation, 3.760.31 (19);
J.  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);
K.  The household has received the maximum program benefits, 3.760.31(16);
L.  The household filed an application after the program deadline, 3.752.1(14);
M.  The household is not a resident of Colorado, 3.752.26(07);
N.  The household failed to sign the application, 3.751.1, B, 3 (21);
O.  The household has moved to another county while the application was pending, 3.756.16 (24);
P.  Unable to locate, 3.756.19 (25);
Q.  Refused weatherization services from a state weatherization agency; 3.752.28 (26).
R.  Does not meet eligibility requirements for Summer CIP, 3.760.11 (22);
S.  Landlord, or authorized landlord representative, refused CIP, 3.760.14, C (18).
(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.)