Tracking# 2013-00792
FA/P 9/6/13, eff. 11/1/13 

I:/13061701.rtf 
(I:/13061701.doc) 

(9 CCR 2503-7)

[Note: Statement of Basis and Purpose has been incorporated with TN# 2013-00793 (Rule-Making# 13-6-11-1)] 

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[Instructions: replace lines 2326531 through 2326532.] 
3.751.1  DEFINITIONS [Rev. eff. 11/1/13]
"Applicant": The person who completes and signs the basic LEAP application form. This is also the only household member who is required to provide proof of lawful presence as defined in these rules. 
“Application Period for the Purpose of Income Verification”: The application period is from the date of application to the same date of the prior month (approximately thirty (30) calendar days prior to date of application) when used to verify income except for earned ongoing income in accordance with 3.752.22, A. 

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[Instructions: replace line 2326543 with both paragraphs.] 
"Emergency 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 or the client is responsible for heating costs that are included in rent and has received an eviction notice to vacate the premises within thirty (30) calendar days. 
Applications for households in these situations shall be processed expeditiously and the emergency addressed within fourteen calendar days of notification of the emergency by the applicant to the county department.

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[Instructions: replace lines 2326547 through 2326560.] 
"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.
●  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: 
A.  Husband and wife living together;
B.  Children under eighteen (18) years of age and living in the same dwelling as the parent or guardian, unless emancipated.
C.  Supplemental Security Income (SSI) recipients in shared households receiving reduced benefits.
"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.
"Non-Traditional Dwelling": A non-traditional dwelling means a structure that provides housing that is not affixed to a permanent physical address or is enumerated as such in this rule (see Section 3.752.25), including, but not limited to, cars, vans, buses, tents and lean-tos.
"Point in Time": Point in time indicates that eligibility is determined by accounting for the circumstances of the household on the date of the application, regardless of any changes thereafter.
"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.
"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.
"Primary Heating Source": The primary heating system that provides heat to the dwelling such as a furnace, wood burning stove or boiler. Temporary or portable heating sources are not considered a primary heating source and, therefore, are not eligible for LEAP assistance.

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[Instructions: replace lines 2326569 through 2326570.] 
"Subsidized Housing": Subsidized housing means housing in which a tenant receives an ongoing 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.
"Supportive Fuel": Supportive fuel is an energy source needed to operate the primary heating system in a residential setting.  For example, electricity is a supportive fuel required to operate a natural gas furnace. Supportive fuels are not eligible for LEAP assistance. 

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[Instructions: replace lines 2326581 through 2326582] 
3.751.34  Authorized Representative [Rev. eff. 11/1/13]
A formal, legal authorized representative may apply on behalf of an applicant household when the applicant household is unable to apply on its own behalf. Proper legal documentation of guardianship and/or durable power of attorney must be presented. 

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[Instructions: replace lines 2326616 through 2326642.] 
3.752.1  APPLICATION PERIOD [Rev. eff. 11/1/13]
To apply for LEAP, the general public 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 falls on a holiday or weekend, then the eligibility periods shall be extended until midnight 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. The county department shall accept all application forms that are received or postmarked during the application period. Facsimile copies of completed application forms shall be accepted as valid. Preference shall be given to application forms received from public assistance households (such as Colorado Works, Old Age Pension (OAP), Aid to the Needy Disabled (AND), Aid to the Blind (AB), and Food Assistance). Such applications received prior to November 1st shall be accepted and may be processed; however, eligibility shall not be effective until November 1st. Application forms received or postmarked after the closing date shall be denied. Eligibility will be determined based on the applicant's circumstances on the date the application is received by the county department. Although applications may be accepted and processed earlier, the effective date of application shall not be before November 1st.
3.752.2  PROGRAM ELIGIBILITY REQUIREMENTS
3.752.21  [Rev. eff. 11/1/13]
To be determined eligible for a Basic Program payment, households must, at time of application, be vulnerable to the rising costs of home heating, and meet income and other requirements of the program as defined in these regulations.
The following factors shall be considered as of the date of application: Colorado state residency, U.S. citizenship/alien status, lawful presence, income, vulnerability, fuel type, household composition, shared living arrangements, dwelling type, and estimated home heating costs.
3.752.22  Income and Household Size Criteria [Rev. eff. 11/1/13]
A.  For purposes of determining a household's eligibility, earned ongoing income shall be the countable gross income in any four (4) weeks of the eight (8) weeks prior to the application date.
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
Adding four gross weekly income amounts to obtain total monthly income.
b.  Bi-Weekly Income
Adding two gross bi-weekly income amounts to obtain total monthly income.
2.  Semi-Monthly Income
Adding two gross semi-monthly income amounts to obtain total monthly income.
3.  Partial Month Income
a.  Terminated Income
If a household member's income is terminated as of the application date, use actual income received for the application period (3.751.1 “Application Period for the Purpose of Income Verification”). 
b.  Earned New Income
If a household member has a new source of earned income as of the application date, use income received for the application period (3.751.1 “Application Period for the Purpose of Income Verification”).
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 period, 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 period, use actual income for the application period (3.751.1 “Application Period for the Purpose of Income Verification”).
C.  All applicant households whose countable income for the eligibility period is 150% of the poverty level, shall meet the income requirements for the Basic Program. The State Department shall adjust the income limits annually based on funds available and the federal poverty guidelines published in the Federal Register applicable at the time of application; no later editions or amendments are included. The following table contains the income standards: 

HOUSEHOLD SIZE	MONTHLY GROSS
INCOME
150% of Poverty	
1	$1,436	
2	 1,939	
3	 2,441	
4	 2,944	
5	 3,446	
6	 3,949	
7	 4,451	
8	 4,954	
Each Additional Person	   503	

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.  Households which have been denied basic benefits and have had changes in circumstances may reapply.

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[Instructions: replace lines 2326660 through 2326674.] 
3.752.25  Vulnerability [Rev. eff. 11/1/13]
A.  A household shall be vulnerable in order to qualify for Basic Program benefits. Vulnerability shall mean the household must be affected by the rising costs of home heating as defined below:
1.  The household is paying home heating costs directly to a vendor and is subject to home heating cost increases; or,
2.  The household is living in non-subsidized housing and is paying home heating costs either in the form of rent or as a separate charge in addition to rent; or,
3.  The household resides in subsidized housing as defined in the "Definitions" Section of these rules; and, 1) the unit has an individual meter which identifies specific heating usage of that unit and the household is subject to increased cost for home heating, or 2) the tenant is subject to a heating surcharge assessed by means other than an individual meter. Such surcharges may include percentage fees assessed to the tenant for home heating. Under no circumstances shall rental costs be assumed to be subject to change due to an increase in home heating costs unless otherwise verified in writing by the county department.
4.  The applicant household in a residence where more than one household resides shall be considered vulnerable if the applicant household contributes toward the total expenses of the residence. These expenses include, but are not limited to, shelter and utilities.
5.  The applicant household must live in a traditional dwelling.
B.  Households in the following living arrangements shall not be considered to be vulnerable:
1.  Institutional group care facilities, public or private, such as nursing homes, foster care homes, group homes, alcoholic treatment centers, or other such living arrangements where the provider is liable for the costs of shelter and home heating, in part or in full, on behalf of such individuals;
2.  Room and board, bed and breakfast; 
3.  Correctional facilities;
4.  Dormitory, fraternity or sorority house;
5.  Subsidized housing as defined in the "Definitions" section of these rules which does not have an individual check meter for heat for each unit or which cannot provide other evidence of responsibility for paying home heating surcharges.
6.  Any applicant, or applicant household who is considered homeless or resides in non-traditional dwellings.
Landlords or other providers of shelter shall not be considered to be vulnerable unless they meet the definition of household and the eligibility requirements of the Basic Program.
Vulnerability shall be verified for all applicant households as defined in these rules.

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[Instructions: replace line 2326697.] 
3.754.1  FACTORS FOR DENIAL [Rev. eff. 11/1/13]

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[Instructions: replace line 2326709.] 
K.  Unable to locate the applicant; 3.756.19 (25).

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[Instructions: replace lines 2326725 through 2326759.] 
3.755.13  [Rev. eff. 11/1/13]
The case record shall contain at a minimum:
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.  Written explanation on the report of contact of any discrepancy between information contained on the application and information in the LEAP system;
D.  Calculations used to compute income, documentation of the source of estimated home heating costs and any other written notations on the report of contact necessary to provide a clear and adequate record of action taken on the case. The eligibility workers shall date and initial each entry.
E.  Documentation of all written notices sent to the applicant household requesting missing information and/or verification necessary to determine eligibility and/or payment level.
F.  Complete documentation in emergency or expedited cases including when, to whom, and how a vendor and/or client contact is made.
3.755.2  VERIFYING INCOME
3.755.21  Adequate Verification of Income [Rev. eff. 11/1/13]
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, 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. Acceptable verification includes documentation from federal/state/system inquiries (i.e., a copy of applicable CBMS screens). 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:
1.  Verification through the Automated Child Support Enforcement System (ACSES); or,
2.  Verification through the Family Support Registry (FSR); or,
3.  Copies of checks, money orders or other document(s) including written statements or affidavits from the non-custodial parent that documents the income paid directly to the custodial parent.
4.  An exception shall be made in cases of domestic violence defined in Section 3.602.1 of this manual. Client declaration shall be sufficient in such cases.
C.  Social Security income may be verified by an award letter, issued by the social security administration, after the last general increase. Acceptable verification includes documentation from federal/state/system inquiries (i.e., a copy of applicable CBMS screens). 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 ongoing income shall be verified for at least four (4) weeks of the 8 weeks prior to the application date and shall consist of pay stubs or statements from employers which state the period worked, pay frequency and the actual gross income earned.
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).
F.  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).
G.  Verification may be obtained by collateral contact, 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).
I.  Verification of self-employment income shall include, at a minimum:
1.  Profit and loss statements, i.e., self-employment ledger; and,
2.  Receipts for business-related expenses are required in order to be considered as deductions.
3.755.3  (None)
3.755.4  VULNERABILITY
3.755.41  Evidence of Vulnerability [Rev. eff. 11/1/13]
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 that 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. 
3.755.42  Subsidized Housing Rent Documentation [Rev. eff. 11/1/13]
Applicant households living in subsidized housing units shall be required to provide documentation specifying that the household is subject to heating surcharges when home heating usage exceeds the amount of the household's heating allowance, within the current LEAP program year, or evidence of a separate heating bill. 

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[Instructions: replace lines 2326772 through 2326775.] 
3.756.12  Application Processing [Rev. eff. 11/1/13]
A.  The county department shall be required to date stamp all application forms, verification, and information upon receipt. 
B.  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. 
C.  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. 
D.  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 may extend the period for submission by the applicant of the information requested by the county department to complete the application 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 extended period shall not exceed two weeks. 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.
3.756.13  Lost Applications [Rev. 11/1/13]
If a household reports to the county that it has mailed or otherwise made application for basic benefits and the county department cannot locate the application for the household, such application shall be deemed "lost". The procedures for handling "lost" applications shall be prescribed by the State Department. The client must notify the county of the lost application no later than thirty (30) calendar days from the submission date.

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[Instructions: replace lines 2326788 through 2326792.] 
3.756.2  ADVANCE PAYMENT OF THE BASIC PROGRAM BENEFIT (applicable only when a signed Vendor Agreement has not been secured) [Rev. eff. 11/1/13]
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,
B.  For households that use bulk fuel, a written declaration by the household that the fuel supply has been or will be depleted within the next two weeks and the specific amount needed to maintain heat in the home until payroll runs.
C.  For households where heat is included in rent, an eviction notice and a written statement from the landlord that the client will not be evicted for thirty (30) days if request for advance of the payment is accepted.
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. 

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[Instructions: replace lines 2326798 through 2326806.] 
3.758  PAYMENT POLICIES
3.758.1  (NONE)

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[Instructions: replace lines 2326831 through 2326838.] 
3.758.47  Methodology for Calculating Basic Program Benefits [Rev. eff. 11/1/13]
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 county department shall use the flat rate amount. The State Department shall adjust the flat rate amounts annually based on the average actual home heating costs found in the LEAP system by dwelling type for the prior year’s heating season contained in the following table:

	NAT GAS	PROPANE
FUEL OIL	ELECTRIC	WOOD	COAL	WOOD GATHERING	
House, Mobile Home 	$ 492	$1,282	$1,227	$ 594	$ 482	$200	
Duplex, Triplex, Fourplex, Townhouse	$ 403	$1,051	$ 942	$ 482 	$ 482	$200	
Apartment, Condominium, Hotel	$ 316	$  967	$ 845	$ 482	$ 482	$200	
Cabin, Camper, 5th Wheel	$ 492	$1,011	$ 647	$ 460	$ 432	$200	

3.  The State Department shall adjust the standard rates for heating costs that are included in rent annually based on the flat rate amounts adjustment contained in the following table: 

	NAT GAS	PROPANE
FUEL OIL	ELECTRIC	WOOD	COAL	
House, Mobile Home	$ 197	$ 513	$ 491	$ 238	$ 193	
Duplex, Triplex, Fourplex, Townhouse	$ 161	$ 420	$ 377	$ 193	$ 193	
Apartment, Condominium, Hotel,	$ 126	$ 387	$ 339	$ 193	$ 193	
Cabin, Camper, 5th Wheel, RV	$ 197	$ 404	$ 259	$ 184	$ 173	

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