9 CCR 2503-7
DEPARTMENT OF HUMAN SERVICES OTHER ASSISTANCE PROGRAMS 9 CCR 2503-7 [Editor’s Notes follow the text of the rules at the end of this CCR Document.] _________________________________________________________________________
3.700 OTHER ASSISTANCE PROGRAMS (APPLICABLE TO LOW INCOME ENERGY ASSISTANCE
3.705 NONCITIZEN EMERGENCY ASSISTANCE PROGRAM
3.705.1 GENERAL DEFINITIONS
“Legal Immigrant” means an individual who is not a citizen or national of the United States and who was lawfully admitted to the United States by the Immigration and Naturalization Services (INS) as an actual or prospective permanent resident or whose physical presence is known and allowed by U.S. Citizenship and Immigration Services (USCIS), and:
A. Is a resident of Colorado, B. Meets the requirements for public assistance or Food Stamps other than citizenship, C. Is not eligible for or receiving any other public assistance and/or Food Stamps.
3.705.11 EMERGENCY ASSISTANCE
A. Emergency Assistance may be available to legal immigrants, as defined above. To receive emergency assistance the applicant/recipient must:
B. Emergency Assistance may include, but is not limited to:
C. Requests for funding to counties under this program shall be subject to approval by the State Department.
D. Assistance under this program is limited by funding as appropriated and assistance will cease when such funds are exhausted.
E. Applicants and recipients whose benefits have been denied, reduced, or discontinued shall receive adequate and timely notice, and have the right to appeal such actions in accordance with state rules.
3.705.2 SPONSOR RESPONSIBILITY
Sponsors shall be expected to meet their commitments to the immigrants whom they sponsor and for whom they sign affidavits of support.
3.705.21 RECOVERIES
Public assistance that was improperly paid may be recovered from the immigrant or the sponsor, as described under Sponsor Responsibility. These recoveries may include, but no limited to, the following:
A. Income assignments;
B. State income tax refund offset;
C. State lottery winnings offset; and, D. Administrative lien and attachment.
Enforcement of duties under an affidavit of support shall be the responsibility of the sponsored immigrant.
3.710 (NONE) [Recodified as 9 CCR 2503-3 eff. 09/01/2016]
3.711 (NONE) [Recodified as 9 CCR 2503-3 eff. 09/01/2016]
3.720 through 3.746 (None) [Eff. 3/2/14]
3.750 LOW-INCOME ENERGY ASSISTANCE PROGRAMS
3.750.1 AUTHORITY
3.750.11 Low-Income Home Energy Assistance Act [Rev. eff. 12/1/14]
Programs authorized under the Low-Income Home Energy Assistance Act include a Heating Fuel Assistance Program and a Crisis Intervention Program.
3.750.12 Intent of the Heating Fuel Assistance Program [Rev. eff. 12/1/14]
The Heating Fuel Assistance Program is intended to help meet winter home heating costs of households composed of low-income families and individuals.
3.750.13 Intent of the Crisis Intervention Program [Rev. eff. 12/1/14]
The Crisis Intervention Program (CIP) is intended to assist with the repair or replacement of the non- working primary heating system of approved Heating Fuel Assistance Program applicants.
3.750.14 (None) [Rev. eff. 2/1/12]
3.750.15 Funding [Rev. eff. 9/1/11]
This program is federally and privately funded and is subject to availability of funds. If funds are increased, decreased or become unavailable, the services provided herein shall be increased, decreased or terminated accordingly.
3.751 GENERAL PROVISIONS
3.751.1 DEFINITIONS [Rev. eff. 12/1/14]
“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. “Approved Vendor” means a vendor that has signed a state specified agreement as it is prescribed in Section 3.758.46.
“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.
“Collateral Contact means a verbal or written confirmation of a household’s circumstances by a person outside the household who has first-hand knowledge of the information. The name/title of the collateral contact, as well as the information provided must be documented in the report of contact (ROC). “Completed Application”: A basic LEAP application shall be considered to be a completed application when:
A. The applicant has provided an adequate response to all application questions which are necessary to determine eligibility and payment level;
B. The applicant has provided all required verification. A Social Security Number (SSN) for each household member or proof of application for a SSN must be provided. A SSN is required to determine eligibility. If no SSN is provided for a household member, that member will not be included in the household, but the member’s income will be counted;
C. The application is signed;
D. The applicant has provided proof of lawful presence in the United States (see Section 3.753). “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; Social Security disability, SSI, AB, AND, veterans disability payments, or who provide a physician's statement which indicates incapacity to engage in substantial gainful employment. This definition may be different for other public assistance programs.
“Elderly”: For the purposes of these rules, the term elderly means aged 60 or over. “Eligibility Period”: There shall be one eligibility period for the Basic Low-Income Energy Assistance Programs from November 1st through April 30th. If April 30th for a particular calendar year falls on a holiday or weekend, then the eligibility period shall be extended until midnight the next business day. This program is contingent upon the continued availability of funds in accordance with Sections 3.750.15 and 3.758.48.
“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 eligibility determined within fourteen calendar days of notification of the emergency by the applicant to the county department. “Estimated Home Heating Costs (EHHC)”: The amount of the heating costs incurred during the previous heating season for the applicant's address at the 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. An EHHC can only be obtained from approved vendors, for all other vendors use flat rates. “Heat Related Arrearage”: Any past due amounts for the primary heating fuel and/or supportive fuel. “Home Heating Costs”: Charges related directly to the primary heating fuel used in a residential dwelling. “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. “Income Verification Period”: The income verification 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 Section 3.752.22, B. “Life Threatening Crisis” means a household whose members’ health and/or well-being would likely be endangered if energy assistance or repair or replacement of the primary heating system is not provided. “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. “Program Year”: means from November 1st through April 30th for the Heating Fuel Assistance Program. 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. This program is contingent upon the continued availability of funds in accordance with Sections 3.750.15 and 3.758.48. “Propane Bottles are small propane containers that hold less than one hundred (100) gallons. “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:
A. Colorado Works;
B. OAP (Old Age Pension, both the SSI-supplement and State-only groups);
C. AND (Aid to the Needy Disabled, both the SSI-supplement and State-only groups);
D. AB (Aid to the Blind, both the SSI-supplement and State-only groups);
E. NCRA (Non-Categorical Refugee Assistance);
F. SSDI (Social Security Disability Insurance) for clients on another state program, such as a Medicaid waiver or buy in program.
“Reapplication” means a household who has been denied for the current program year and is reapplying for a LEAP benefit. The application is to be treated as a new application whose point in time is reset to the date of the new application.
“Report of Contact (ROC)” means the electronic chronological history of the case which contains both system generated entries and manual entries.
“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.
“Traditional Dwelling”: Traditional dwelling means a structure that provides a housing or residential environment that is affixed to a permanent physical address. “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 HOUSEHOLDS [Eff. 12/1/14]
A. Any individual considered as part of an approved household cannot subsequently be considered as part of another household during the same eligibility period.
B. Each person living at a dwelling must be counted as either a member of the applicant's household or a member of a separate household.
C. The maximum number of household members shall be fifteen (15). The maximum number of separate households shall be nine (9).
D. The following cannot be classified as separate households:
E. A parent with his or her children may be listed as a separate household when residing in the same dwelling with his or her ex-spouse in cases of legal separation or divorce.
3.751.21 Permanent Separation [Eff. 12/1/14]
A married couple is considered to be permanently separated when:
A. They are divorced or legally separated; or, B. Both physical and financial ties have been dissolved and a relationship as spouses no longer exists.
3.751.22 Presumption of Marriage [Eff. 12/1/14]
Unless there has been a divorce or legal separation, the presumption is made that the couple is still married. Such presumption must be refuted by persons, other than the spouses, who can establish that they are in a position to know and assert that a complete and permanent separation does, in fact, exist.
3.751.3 NON DISCRIMINATION POLICIES/RIGHT AND OPPORTUNITY TO APPLY
3.751.31 Non-Discrimination [Rev. eff. 12/1/14]
Non-discrimination policies as outlined in this rule manual shall apply to all households applying for the Heating Fuel Assistance Program.
3.751.32 Opportunity to Apply [Rev. eff. 11/1/84]
All persons shall be provided an opportunity to file an application form on the date of initial contact with the county department during the application period.
3.751.33 Interpreters [Rev. eff. 9/1/11]
An interpreter shall be available to assist persons known to the Department to be non-English speaking in completing application forms and to provide information between the applicant and the county department.
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.
3.751.35 Authorized Signature by Mark [Rev. eff. 12/1/14]
Applicants who are partially or totally illiterate and who cannot write their names shall make a mark, and such mark shall be witnessed by the signature of at least one witness. The address of such witness shall follow the signature. County/Contractor workers may act as witnesses if not related to the applicant.
3.751.4 NOTICE AND HEARINGS
3.751.41 Timely and Adequate Notice [Rev. eff. 12/1/14]
The requirements for providing timely and adequate notice of proposed actions and opportunity for hearings and appeals are as provided in the chapter on “Administrative Procedures” in Section 3.830 (9 CCR 2503-8), except as specifically provided in the rules governing the Heating Fuel Assistance Program.
3.751.42 Denials [Rev. eff. 12/1/14]
Notices of denial shall advise the applicant of the reason for the denial; the regulation citation relied on by the county department, and appeal rights and procedures. For advance payments of the Heating Fuel Assistance Program, notices of denial shall advise the applicants of their right to a forthwith hearing.
3.751.43 Request for a State Level Fair Hearing [Rev. eff. 12/1/14]
County departments/Contractor 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 Heating Fuel Assistance Program. See Sections 3.850.1 – 3.850.56 (9 CCR 2503-8).
3.751.44 Notice of Appropriate Use of Electronic Benefit Transfer (EBT) Card [Rev. eff. 11/1/15] An explanation shall be provided regarding the process of utilizing the Electronic Benefit Transfer (EBT) card. This explanation shall include:
A. Identification of the following establishments in which clients shall not be allowed to access cash benefits through the electronic benefits transfer service from automated teller machines:
B. An explanation that the cash portion issued on the EBT card may be suspended with identified misuse.
3.751.45 ELECTRONIC BENEFIT TRANSFER AND POINT OF SALE RESTRICTION
Participants are prohibited from using his/her EBT card at automated teller machines and point of sale (POS) devices located in establishments as described in Section 3.751.44 A 1-8. Individuals’ transactions shall be monitored monthly. Individuals who use prohibited ATMs or POS devices shall be contacted by the State Department. Inappropriate usage shall result in:
3.751.5 RECOVERY AND FRAUD PROCEDURES
3.751.51. Recoveries [Eff. 12/1/14] County departments/Contractor must institute recoveries to ensure that Heating Fuel Assistance Program benefits do not exceed the maximum amounts described in these rules. Recovery procedures shall be the same as in adult program rules as described in the “Administrative Procedures” Chapter or as otherwise specified in these rules. Note: Sections 3.810.13, 3.810.14, and 3.810.32 (9 CCR 2503-8) do not apply to LEAP.
3.751.52 Determination of Recovery of Overpayment [Rev. eff. 10/1/01]
When overpayments, made directly to the client, have been verified by the county department/Contractor, a determination as to whether recovery is appropriate shall be made within fifteen (15) calendar days after receipt of reports issued by the State Department designed to assist county departments in identifying and correcting such payments.
3.751.53 Definition of Overpayment [Rev. Eff. 12/1/14]
Overpayment of Heating Fuel Assistance Program benefits shall mean a household has received benefits in excess of the amount due that household based on eligibility and payment determination in accordance with these rules.
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.
3.751.55 Recovery Procedures [Rev. eff. 12/1/07]
Recovery proceedings shall be handled in accordance with the procedures described in the “Administrative Procedures” chapter of this rule manual when applicable. (Note: Sections 3.810.73 through 3.810.75 do not apply to LEAP.)
3.751.56 Penalties for Individuals Who Are Found Guilty of Committing Fraud [Rev.11/1/15] Individuals who are found guilty of committing fraud, pursuant to Section 26-1-127, C.R.S., in a prior program year shall be ineligible to participate in LEAP in the subsequent program year for the first violation, two program years for the second violation, and permanently for the third violation.
3.751.6 REPORTING AND MONITORING
3.751.61 Reporting
All recoveries shall be reported to the State Department at the conclusion of the program year.
3.751.62 Reports and Fiscal Information [Rev. eff. 11/1/98]
County departments/Contractor shall provide the State Department with reports and fiscal information as deemed necessary by the State Department.
3.751.63 Monitoring [Rev. Eff. 11/1/98]
The State Department shall have responsibility for monitoring programs administered by the county departments/Contractor based on a monitoring plan developed by the State Department. Such plan shall include provisions for programmatic and local reviews and methods for corrective actions.
3.751.64 County Case File Review [Eff. 12/1/14]
County department/Contractor supervisory personnel shall review eligibility determinations monthly, from October 1st to May 30th, and submit the results of those reviews when requested by the state. At minimum the supervisor shall:
A. Pull a random sample of two determinations per technician;
B. Determine the correctness of eligibility determinations accomplished.
C. Ensure timely correction of any determination errors; and, D. Maintain a record of the cases reviewed for audit purposes.
3.751.7 REIMBURSEMENT AND SANCTIONS
3.751.71 Reimbursements [Rev. eff. 12/1/14]
Subject to allocations as determined by the State Department, county departments shall be reimbursed up to 100% for all allowable costs incurred for the operation of the Heating Fuel Assistance Program, outreach, and other administrative costs.
3.751.72 Sanctions [Rev. eff. 12/1/14]
County departments/Contractor, which fail to follow the rules of the Heating Fuel Assistance Program shall be subject to administrative sanctions as determined by the State Department (see 11 CCR 2508-1).
3.752 LOW-INCOME ENERGY ASSISTANCE PROGRAM: HEATING FUEL ASSISTANCE
3.752.1 APPLICATION PERIOD [Rev. eff. 11/1/13]
To apply for LEAP, the general public shall submit a 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 [Rev. eff. 12/1/14]
To be determined eligible for a Heating Fuel Assistance 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.
3.752.21 Countable Unearned Income [Rev. eff. 12/1/14]
Countable unearned income includes but is not limited to the following, as well as payments from any other source, which is considered to be a gain or benefit to the applicant or recipient:
A. Inheritance, gifts, and prizes;
B. Dividends and interest received on savings bonds, leases, etc.;
C. Income from rental property;
D. Proceeds of a life insurance policy to the extent that they exceed the amount expended by the beneficiary for the purpose of the insured recipient's last illness or burial that are not covered by other benefits;
E. Proceeds of a health insurance policy or personal injury lawsuit to the extent that they exceed the amount to be expended or required to be expended for medical care;
F. Strike benefits;
G. Income from jointly owned property: - in a percentage at least equal to the percentage of ownership or, if receiving more than percentage of ownership, the actual amount received;
H. Lease bonuses (oil or mineral) received by the lessor as an inducement to lease land for exploration are income in the month received;
I. Oil or mineral royalties received by the lessor are income in the month received;
J. Supplemental Security Income (SSI) benefits received by an applicant or recipient shall be considered income in the month received. When determining income, do not consider cents in the gross benefit amount.
K. Income derived from monies (or other property acquired with such monies) received pursuant to the “Civil Liberties Act of 1988”, P.L. 100-383;
L. Amounts withheld from unearned income because of a garnishment are countable as unearned income.
M. Public Assistance Income as defined in 3.751.1: Colorado Works, Old Age Pension (OAP); Aid To The Needy Disabled (AND); Aid To The Blind (AB); Non-Categorical Refugee Assistance (NCRA); Social Security Disability Insurance (SSDI).
3.752.211 Periodic Payments [Eff. 12/1/14]
The following types of periodic payments are among those included in countable unearned income:
A. Annuities - payments calculated on an annual basis which are in the nature of returns on prior payments or services; they may be received from any source;
B. Pension or retirement payments - payments to an applicant or recipient following retirement from employment; such payments may be made by a former employer or from any insurance or other public or private fund;
C. Disability or survivor's benefits - payment to an applicant or recipient who has suffered injury or impairment, or, to such applicant's or recipient's dependents or survivors; such payments may be made by an employer or from any insurance or other public or private fund;
D. Worker's compensation payments - payments awarded under federal and state law to an injured employee or to such employee's dependents; amounts included in such awards for medical, legal, or related expenses incurred by an applicant or recipient in connection with such claim are deducted in determining the amount of countable unearned income;
E. Veteran compensation and pension - payments based on service in the armed forces; such payments may be made by the U.S. Veterans Administration, another country, a state or local government, or other organization. Any portion of a VA pension that is paid to a veteran for support of a dependent shall be considered countable unearned income to the dependent rather than the veteran.
F. Unemployment compensation - payments in the nature of insurance for which one qualifies by reason of having been employed and which are financed by contributions made to a fund during periods of employment;
G. Railroad retirement payments - payments, such as sick pay, annuities, pensions, and unemployment insurance benefits, which are paid by the Railroad Retirement Board (RRB) to an applicant or recipient who is or was a railroad worker, or to such worker's dependents or survivors;
H. Social Security Benefits - Old Age (or Retirement), Survivors and Disability Insurance payments (OASDI or RSDI) made by the Social Security Administration; also included are special payments at age seventy-two (72) (Prouty benefits) and black lung benefits. When determining income, do not consider cents in the gross income amount.
I. Supplemental Security Income (SSI) - public assistance payments made by the Social Security Administration to an applicant or recipient sixty five (65) years of age or older, or who is blind or disabled; such payments are considered in accordance with requirements specified in the applicable assistance program chapter. When determining income, do not consider cents in the gross benefit amount.
3.752.212 Military Allotment [Eff. 12/1/14]
A military allotment received on behalf of an applicant or recipient for those individuals included in the budget unit shall be considered as income in the month received.
3.752.22 Income and Household Size Criteria [Rev. eff. 11/1/15]
A. All countable unearned income shall be the countable gross unearned income received in the income verification period, not to exceed one month’s income.
B. 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.
C. Determining Monthly Income If a household member is paid less than monthly, the county department shall determine gross monthly income by:
D. All applicant households whose countable income for the eligibility period is one hundred sixty five percent (165%) of the federal poverty level shall meet the income requirements for the Heating Fuel Assistance Program. The State Department shall adjust the income limits annually based on funds available and the federal poverty guidelines published in the Federal Register effective January 25, 2016, no later editions or amendments are included. The following table contains the income standards:
E. Households which have been denied basic benefits and have had changes in circumstances may reapply.
3.752.23 Income Exclusions [Rev. eff. 11/1/15]
To determine eligibility for financial assistance and the amount of the assistance payment, the following shall be exempt from consideration as either resources or income. Verification is not required in the case file but must be notated in the Report of Contact (ROC).
A. The value of food assistance and USDA donated foods;
B. Benefits received under Title III, Nutrition Program for the Elderly, of the Older Americans Act;
C. The value of supplemental food assistance received under the special food services program for children provided for in the National School Lunch Act and under the Child Nutrition Act, including benefits received from the special supplemental food program for Women, Infants and Children (WIC);
D. Home produce utilized for personal consumption;
E. The value of any assistance paid with respect to a dwelling unit under:
F. Payments to volunteers serving as foster grandparents, senior health aides, or senior companions, and to persons serving in the Service Corps of Retired Executives (score) and Active Corps of Executives (ace) and any other program under Title I (Vista) when the value of all such payments adjusted to reflect the number of hours such volunteers are serving is not equivalent to or greater than the minimum wage, and Title II and III of the Domestic Volunteer Services Act;
G. Compensation received by the applicant or recipient pursuant to the Colorado Crime Victims Compensation Act shall not be considered as income, property, or support available to the applicant or recipient. This is compensation paid to innocent victims or dependents of victims of criminal acts who suffer bodily injury;
H. Monies received pursuant to the Civil Liberties Act of 1988;
I. Any payment made from the Agent Orange Settlement Fund;
J. The value of any commercial transportation ticket, for travel by an applicant or recipient (or spouse) among the fifty (50) states, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa, and the northern Mariana Islands, which is received as a gift by such applicant or recipient (or such spouse) and is not converted to cash;
K. Reparation payments made under Germany's law for compensation of national socialist persecution (German Restitution Act);
L. Any money received from the Radiation Exposure Compensation Trust Fund;
M. Reparation payments made under Sections 500 through 506 of the Austrian General Social Insurance Act;
N. Payments to applicants or recipients because of their status as victims of Nazi persecution;
O. Income paid to children of Vietnam veterans who were born with spina bifida;
P. All financial aid monies, including educational loans, scholarships, and grants, including work study;
Q. Earned income of children under the age of eighteen (18) who are residing with a parent or guardian;
R. Reimbursement received for expenses incurred in connection with employment from an employer;
S. 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;
T. Payments made on behalf of the household directly to others;
U. Payment received as foster care income; foster care individuals are not considered LEAP household members;
V. Home care allowance or Attendant Support Allowance Care, if paid to a non-household member;
W. State/county diversion payments;
X. Reverse mortgages;
Y. Subsidized housing utility allowances;
Z. G.I. Bill educational allowances, including housing and food allowances;
AA. A one-time resettlement grant received under the refugee admissions program.
BB. A bona fide loan is a debt that the borrower has an obligation to repay and expresses his or her intention to repay, as documented in a written agreement;
CC. Funds received by persons fifty five (55) years of age and older under the Senior Community Service Employment Program (SCSEP) under Title V of the Older Americans Act;
DD. Income that is deemed necessary for the fulfillment of a Plan for Achieving Self-Support (PASS) under Title XVI of the Social Security Act.
EE. Money received in the form of non-recurring lump sum payments for income tax refunds, rebates, or credits; retroactive lump-sum social security, SSI, and public assistance payments.
FF. Supportive Services income received under the Colorado Works Program.
3.752.24 Resources [Rev. eff. 10/1/01]
There are no resource criteria for the Low-Income Energy Assistance Program. The value of the household’s resources shall not be considered for the purpose of determining eligibility for assistance.
3.752.25 Vulnerability [Rev. eff. 11/1/15]
A. A household shall be vulnerable in order to qualify for Heating Fuel Assistance Program benefits. Vulnerability shall mean the household must be responsible for the costs of home heating as defined below:
B. Households in the following living arrangements shall not be considered to be vulnerable:
C. 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 Heating Fuel Assistance Program.
D. Vulnerability shall be verified for all applicant households as defined in these rules.
3.752.26 Mandatory Weatherization [Rev. eff. 12/1/14]
Households approved to receive a LEAP benefit must agree to have their dwelling weatherized if contacted by a state-authorized weatherization agency. Failure to permit or complete weatherization may result in denial of LEAP benefits for the following year.
A. Exemptions
B. Households Who Refuse Weatherization
C. State Weatherization Office Responsibilities
3.752.27 Mandatory Crisis Intervention Program (CIP) Inspection [Eff. 12/1/14]
Households that received assistance from the Crisis Intervention Program (CIP) must agree to have an inspection of the work performed, to ensure that the equipment is safe, when contacted by a state- authorized agency. Failure to permit the inspection may result in denial of leap benefits for the following year.
A. Exemptions
B. Households Who Refuse CIP Inspection
C. State CIP Contractor’s Responsibilities The state contractor will:
3.753 GENERAL REQUIREMENTS FOR CITIZENSHIP AND LAWFUL PRESENCE [Eff. 12/1/14]
3.753.1 CITIZENSHIP AND ALIEN STATUS [Eff. 12/1/14]
The following are citizens of the United States and are generally eligible to receive social services and public assistance.
A. Persons born in the United States, Puerto Rico, Guam, Virgin Islands (U.S.), American Samoa, or Swain's Island;
B. Persons who have become citizens through the naturalization process;
C. Persons born to U.S. citizens outside the United States with appropriate documentation.
3.753.11 Verification of Citizenship in the United States [Eff. 12/1/14]
Documents that are acceptable as verification of citizenship can be found at 1 CCR 204-30, Appendix A.
3.753.111 Verification of Questionable Citizenship Information [Eff. 12/1/14]
The following shall be used in considering questionable statement(s) of citizenship from applicant:
A. The claim of citizenship is inconsistent with statements made by the applicant, or with other information on the application, or on previous applications.
B. The claim of citizenship is inconsistent with information received from another reliable source. Application of the above criteria by the eligibility worker must not result in discrimination based on race, religion, ethnic background or national origin, and groups such as migrant farm workers or Native Americans shall not be targeted for special verification. The eligibility worker shall not rely on a surname, accent, or appearance that seems foreign to find a claim to citizenship questionable. Nor shall the eligibility worker rely on a lack of English speaking, reading or writing ability as grounds to question a claim to citizenship.
3.753.12 Verification of Lawful Presence in the United States [Eff. 12/1/14]
Pursuant to Section 24-76.5-103, Colorado Revised Statutes (C.R.S.), verification of lawful presence in the United States is required for applicants of state or local benefits, and federal benefits provided by the Colorado Department of Human Services or by the county departments of human/social services/Contractor under the supervision of the State Department.
A. For purposes of this section:
B. In order to verify his or her lawful presence in the United States, an applicant must:
3.753.13 Legal Immigrant [Eff. 12/1/14]
“Legal immigrant” means an individual who is not a citizen or national of the United States and who was lawfully admitted to the United States by the Citizenship and Immigration Services (CIS) as an actual or prospective permanent resident or whose physical presence is known and allowed by the CIS.
3.753.14 Documentation of Legal Immigrant [Eff. 12/1/14]
An alien considered a legal immigrant will normally possess one of the following forms provided by the Citizenship and Immigration Services (CIS) as verification:
A. I-94 arrival/departure record.
B. I-551: resident alien card I-551).
C. Forms I-688b or I-766 employment authorization document.
D. A letter from CIS indicating a person’s status.
E. Letter from the U.S. Dept. of Health and Human Services (HHS) certifying a person’s status as a victim of a severe form of trafficking.
F. Iraqi and afghan individuals who worked as translators for the U.S. military, or on behalf of the U.S. government, or families of such individuals; and have been admitted under a Special Immigrant Visa (SIV) with specific Visa categories of SI1, SI2, SI3, SI6, SI7, SI9, SQ1, SQ2, SQ3, SQ6, SQ7, or SQ9. Eligibility limitations are outlined in Section 3.710.31, I.
G. Any of the documents permitted by the Colorado Department of Revenue rules for evidence of lawful presence 1 CCR 204-30, APPENDIX B).
3.753.15 Verification with Systematic Alien Verification of Entitlement (SAVE) Program [Eff. 12/1/14] Legal immigrants applying for public assistance must present documentation from CIS showing the applicant's status. All documents must be verified through SAVE (Systematic Alien Verification for Entitlements) to determine the validity of the document.
3.753.16 Qualified Alien [Eff. 12/1/14]
A “qualified alien” is defined as follows:
A. An alien lawfully admitted for permanent residence;
B. An alien paroled into the United States under the Immigration and Naturalization Act (INA) for a period of at least one year;
C. An alien granted conditional entry pursuant to Section 203(a) (7) of the INA prior to April 1, 1980;
D. A refugee;
E. An asylee;
F. An alien whose deportation is being withheld;
G. A Cuban or Haitian entrant;
H. A victim of severe form of trafficking who has been certified as such by the U.S. Department of health and Human Services (HHS);
I. Iraqis and Afghans granted Special Immigrant Visa status;
J. An alien who has been battered or subjected to extreme cruelty in the U.S. by a family member;
K. An alien admitted to the U.S. as an Amerasian immigrant;
L. An individual who was born in Canada and possesses at least fifty percent (50%) American Indian blood or is a member of an Indian tribe;
3.753.17 Aliens and Temporary Residents Not Eligible for Assistance [Eff. 12/1/14] The following individuals are not eligible for public assistance or social services programs:
A. An alien with no status verification from the U.S. Citizenship and Immigration Service;
B. An alien granted a specific voluntary departure date;
C. An alien applying for a status; or, D. A citizen of foreign nations residing temporarily in the United States on the basis of Visas issued to permit employment, education, or a visit.
3.753.18 Citizenship - Lawful Presence Requirements [Eff. 12/1/14]
An applicant who does not meet lawful presence requirements or a household member who does not meet citizenship 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. The household’s application shall not be denied due to lack of documentation regarding citizenship or lawful presence requirements if there are other household members who meet the citizenship requirements (i.e., minors born in the United States).
3.753.19 Alternate Verification Identification to Establish Lawful Presence [Eff. 12/1/14] In order to verify the applicants lawful presence in the United States, a county department/Contractor can use a print out from the Department of Motor Vehicle’s database, or applicable Colorado Benefits Management System (CBMS) Interface Screens documenting a valid status of the applicant’s Colorado driver’s license or identification as verification, if it indicates that the applicant is lawfully present.
3.753.2 Residence [Eff. 12/1/14]
3.753.21 Colorado Residency [Eff. 12/1/14]
To be eligible for assistance, an applicant shall be a resident of Colorado at the time application is made. There shall be no durational residence requirement. An applicant or recipient who establishes intent to remain in Colorado shall, for public assistance purposes, is considered a current resident. “Intent to remain” may be established by any or all of the following:
A. Acquiring by purchase, rental, or other arrangements housing facilities used as a home;
B. Household effects, equipment, and personal belongings being located in the home or being in transit;
C. Securing employment or engaging in other self-supporting activity based in Colorado;
D. Parents entering children in local schools;
E. Completing the affidavit of intent – residence form; and/or;
F. Entering Colorado with a job commitment or in search of employment in Colorado.
3.753.22 Residency Requirements [Eff. 12/1/14]
Applicant households must meet the state residency requirements as contained in these rules. The household must reside at the address for which it applied to receive LEAP benefits.
3.754 REASONS FOR DENIAL OF ASSISTANCE [Eff. 12/1/14]
“Denial” means that an application shall be denied when the applicant fails to meet the eligibility requirements of the program. A denial also may be assessed on the basis of such factors as, but not limited to:
A. Refusal of the applicant to furnish information necessary to determine eligibility;
B. Applicant unwilling to have the county department/Contractor contact a collateral source to secure information and refusal of the applicant to sign the state-approved authorization for release of information form;
C. Applicant does not supply information or otherwise fails to cooperate with the county department within the standards of promptness time limits and after having received notification of the reason for delay;
D. Applicant moves to an unknown address before determination of eligibility has been completed;
E. Refusal of a third party to provide documentation of essential verifications.
3.754.1 FACTORS FOR DENIAL [Rev. eff. 11/1/15]
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. Not a U.S. citizen or a qualified alien; 3.753.16 (13).
D. A household is a duplicate household or was previously approved as part of another household; 3.751.2.A (06).
E. The household has voluntarily withdrawn its application; 3.756.18 (09).
F. The household has received Heating Fuel Assistance Program benefits from another county;
G. The household has failed to provide complete application information or required verification; 3.751.1, “Completed Application” (11).
H. The household is not a resident of Colorado; 3.753.21 (07).
I. The household failed to sign the application form; 3.751.1, “Completed Application”, (21).
J. The household filed an application outside of the application period; 3.752.1 (14).
K. Unable to locate the applicant; 3.756.19 (25).
L. Refused weatherization services from a state weatherization agency; 3.752.26 (26).
M. The applicant failed to provide valid identification; 3.753.11 (05).
N. The applicant failed to provide an affidavit; 3.753.12.B.2 (08).
O. The applicant failed to provide valid identification; 3.753.11, and the applicant failed to provide an affidavit; 3.753.12.B.2 (18).
P. Non-traditional dwelling; 3.751.1, (23).
Q. The household does not reside at the address for which it applied to receive benefits; 3.753.22 (24).
R. LEAP can only assist with the primary heating fuel for the primary heating source; 3.751.1, (22).
S. The applicant household refused a bulk fuel delivery, thereby relinquishing the benefit; 3.758.46.C (28).
T. The household refused inspection of the Crisis Intervention Program work; 3.752.27 (27).
U. The applicant has been convicted of fraud; 3.751.56 (29).
V. THE household failed to provide necessary verification of income; 3.752.22 (02) (*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.)
3.754.11 Appropriate Reason for Denial [Eff. 12/1/14]
The county department shall use the most appropriate reason for denial; if the county department is unclear as to the most appropriate reason for denial, it shall consult the State Department.
3.754.12 Notice of Denial [Eff. 12/1/14]
A notice of denial shall be provided to the applicant within seven (7) calendar days of the decision; the state will provide the notices to the county department/Contractor for distribution.
3.755 VERIFICATION POLICIES AND CASE RECORD DOCUMENTATION
3.755.1 GENERAL
3.755.11 Verification in Determining Initial Eligibility and Payment Amount [Rev. eff. 12/1/14] Income, estimated home heating costs, and vulnerability shall be verified in determining initial eligibility and/or payment amount. If a household applied during the prior LEAP program year and there are no changes in the applicant, address and fuel provider, vulnerability and lawful presence (provided that IDs are valid in accordance with Section 3.753) may be copied from the prior year case file and provided in the current case file.
3.755.12 Conflicting Information [Rev. eff. 12/1/14]
If the county/Contractor obtains information which would affect the initial determination of an applicant household's eligibility or payment level and which is different than information provided by the applicant, the county shall inform the applicant and provide an opportunity for response or explanation. Eligibility shall be determined by using the correct information. In these cases, an applicant who meets eligibility criteria shall not be denied because the applicant provided information that was different than information subsequently obtained by the county. Information used to determine eligibility and benefit level shall be documented in the system. However, in appropriate cases, the counties may institute fraud proceedings.
3.755.13 Case Record [Rev. eff. 12/1/14]
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.
G. All historical data used must be present in the file and documented in the Report of Contact (ROC).
3.755.14 Written Policy [Eff. 12/1/14]
Each county department/Contractor shall develop a written policy stipulating the order of the case record, and the content of all records in that county department shall be filed according to that county department policy. The county department must stipulate that case record material must be fastened to the file folder in order to secure the information and maintain the filing order.
3.755.15 County Storage of Records [Eff. 12/1/14]
The county department shall be responsible for the provision of a safe place for storage of case records and confidential material. If a county department/Contractor shares building space with other county offices, locked files to store case material shall be used. Janitors and other maintenance personnel shall be instructed concerning the confidential nature of information.
3.755.16 State Authority Required for Removal of Case Records [Eff. 12/1/14]
Case records are the property of and shall be restricted to use by the State Department and county department or Contractor. Only on authority of the State Department may case records be removed from the office of the county department or Contractor.
3.755.17 Archiving Case Files [Eff. 12/1/14]
The county department/Contractor shall archive three (3) program years plus the current program year files and make them available to the State upon request.
3.755.2 VERIFYING INCOME
3.755.21 Adequate Verification of Income [Rev. eff. 11/1/15]
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, worker'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:
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 eight (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 using the Department of Labor and Employment (DOLE) verification system and one or more of the following methods:
I. Verification of self-employment income shall include, at a minimum:
J. Owners of LLC’s or S-Corps are considered employees of the corporation and therefore cannot be considered self-employed. Because they are not considered self-employed, they are not entitled to the exclusion of allowable costs of producing self-employment income. The income from these types of corporations should be counted as regular earned income, not self- employment income.
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 of vulnerability may be shown by one of the following:
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.
3.755.43 Wood Permits [Rev. eff. 6/1/09]
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 applicants must provide a written and signed statement that they cut their own wood, plus documented proof that they cut it on their own land or that they have permission from the landowner.
3.755.44 Wood Purchase [Eff. 12/1/14]
Applicants who use wood as their primary heating fuel must provide a receipt from a wood vendor. Receipts must include the vendor’s name, address, telephone number, date and the name and address of the buyer; it must also contain the amount of wood purchased, the date of the purchase and the cost. If the required information is not provided on the receipt, the county must document in ROC and provide further explanation.
3.755.45 Propane Purchase/Other Bulk Fuels [Eff. 11/1/15]
Applicants who use propane or other bulk fuels, referred to in definitions in these rules, as their primary heating fuel must provide a receipt or statement from their vendor. Receipts must include the vendor’s name, address, telephone number, date, and the name and address of the buyer, amount of fuel purchased, the date of the purchase, and the cost.
Applicants, who utilize propane bottles, as described in definitions in these rules, are required to provide a copy of a receipt of purchase only from a retail store or other propane provider.
3.755.5 ESTIMATED HOME HEATING COSTS
3.755.51 Verification [Rev. eff. 11/1/15]
County departments/Contractor shall obtain verification of estimated home heating costs. Verification shall consist of evidence provided by the approved LEAP fuel vendor for the residence at the time of application.
If the county/Contractor changes the Estimated Home Heating Costs (EHHC) originally provided by the fuel vendor, the county/Contractor 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. 9/1/11] Other factors affecting eligibility and payment amounts of an applicant household may be verified if determined necessary.
3.756 PROCEDURES FOR PROCESSING APPLICATIONS AND NOTIFYING APPLICANT
3.756.1 PROCEDURES
3.756.11 Application [Rev. eff. 12/1/14]
Heating Fuel Assistance Program applicants shall submit a completed application form as defined in the “Definitions” section 3.751.1 of these rules to the county department in order to be considered for Heating Fuel Assistance Program benefits. The county department/Contractor shall not require office interviews for purposes of determining eligibility.
3.756.12 Application Processing [Rev. eff. 11/1/13]
A. The county department/Contractor shall be required to date stamp all application forms, verification, and information upon receipt.
B. Beginning November 1st, all applications are to be screened upon receipt to determine if the application is in emergency status. All potential emergency applications are to be pended in two
C. The county department/Contractor shall be required to review for duplicate applications. The county department/Contractor 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/Contractor 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 on the following business day. However, the county department may extend the period for submission by the applicant of the information requested by the county department/Contractor 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/Contractor that it has mailed or otherwise made application for basic benefits and the county department/Contractor 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/Contractor of the lost application no later than thirty (30) calendar days from the submission date.
3.756.14 Determination of Eligibility [Rev. eff. 11/1/93]
A county department shall have up to thirty (30) calendar days from the date of application as defined in the “Definitions” section of these rules to determine eligibility.
3.756.15 Notification of Approval or Denial [Rev. eff. 10/1/01]
Upon determination of eligibility, the household shall be notified in writing of approval or denial in accordance with the notice requirements in these rules.
3.756.16 County of Residence [Rev. eff. 10/1/09]
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 five (5) 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.
3.756.17 Relocation [Rev. eff. 11/1/94]
If an approved household moves from one county to another within Colorado, the original county of residence in which eligibility was determined, shall remain responsible for processing that case throughout the program year. The new county of residence shall provide assistance to the case processing county as requested. If an applicant then applies in the new county of residence, the application shall be denied, and the applicant notified that benefits will be paid by the original county.
3.756.18 Withdrawn Application [Rev. eff. 11/1/08]
An applicant who voluntarily withdraws his/her application prior to eligibility being determined shall be denied. The applicant may notify the county either in writing or verbally that they are voluntarily withdrawing their application. Verbal notice must be documented in the report of contact (ROC).
3.756.19 Unlocated Applicant [Rev. eff. 10/1/09]
An applicant who cannot be located prior to eligibility being determined shall be denied. The county/Contractor must attempt to locate the applicant by mailing a forwardable letter to the last known address. If the applicant does not respond within fifteen (15) business days, the application shall be denied.
3.756.2 ADVANCE PAYMENT OF THE HEATING FUEL ASSISTANCE PROGRAM BENEFIT
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.
3.757 PROCEDURE FOR REPORTING ELIGIBILITY AND PAYMENT INFORMATION
3.757.11 [Rev. eff. 9/1/11]
The county/Contractor will be required to correct any inaccuracies as they may result in an erroneous payment amount and/or incorrect eligibility determination. Information reported on the household's income, family size, estimated home heating costs, subsidized housing heat allowance, and number of separate households is the basis for the amount of LEAP benefit.
3.757.12 [Rev. eff. 9/1/11]
County departments/Contractor shall enter completed applications into the LEAP automated system as eligibility is determined.
3.758 PAYMENT POLICIES
3.758.1 (NONE)
3.758.2 (NONE)
3.758.3 CHANGES IN HOUSEHOLD COMPOSITION AFFECTING ISSUANCE OF PAYMENT
3.758.31 Change in Household Circumstances [Rev. eff. 12/1/14]
If, prior to payment, an eligible household's circumstances change, which involves separation or divorce of a marriage or common law arrangement, and the household includes dependent children, the Heating Fuel Assistance Program payment(s) shall be provided to the parent or guardian who resides with and has the responsibility for the care of the dependent children. If the household does not include dependent children, the Heating Fuel Assistance Program payment(s) shall be paid to the person listed as applicant.
3.758.32 Death of Payee Affecting Issuance of Payment [Rev. eff. 12/1/14]
When the payee for a Heating Fuel Assistance Program benefit dies, any payment to which the payee was entitled shall be kept available according to the following rules:
A. The surviving spouse or other household member shall be entitled to the Heating Fuel Assistance Program payee's benefit provided that the surviving spouse or other household member was included as part of the Heating Fuel Assistance Program payee's household upon Heating Fuel Assistance Program eligibility determination.
B. In the case of a single member household client payment, the payment will expunge after three hundred sixty-five (365) days. In the case of a single member household vendor payment, the vendor will follow the process outlined in the vendor agreement.
3.758.4 PAYMENT METHODS
3.758.41 Heating Fuel Assistance Program Payment [Rev. eff. 12/1/14]
For an approved household which pays home heating costs directly to a fuel vendor, payment shall be made as a vendor payment, provided a written vendor agreement has been secured. The State Department shall be required to provide vendors servicing their county with an opportunity to sign the state prescribed vendor agreement. County departments/Contractor shall provide vendors with applications, brochures, envelopes, and other outreach material. In cases where a written vendor agreement has not been secured, payment shall be issued directly to the eligible household. For an approved household that pays home heating costs to a landlord, payment of the Heating Fuel Assistance Program payment shall be made directly to the eligible household. Under no circumstances shall a direct payment be made to a landlord.
3.758.42 - 3.758.45 (None)
3.758.46 Vendor Payment Procedures [Rev. eff. 12/1/14]
A. When a direct vendor payment is made, the county department/Contractor shall be required:
B. Prior to any Heating Fuel Assistance Program payment being made directly to a fuel vendor on behalf of an eligible household, the following terms of agreement shall be obtained from the fuel vendor in writing and notice of the same shall be included with the Heating Fuel Assistance Program payment in accordance with a State prescribed form. Any revision or modification of the assurances below, necessitated by unique circumstances, shall be submitted in writing to the State Department for approval prior to execution of the vendor agreement.
C. Refer to the State approved vendor agreement for specific requirements, conditions and procedures. This agreement is available on the Colorado Department of Human Services web site at www.colorado.gov/CDHS/LEAP.
3.758.47 Methodology for Calculating Heating Fuel Assistance Program Benefits [Rev. eff. 11/1/15] The payment amount for an eligible Heating Fuel Assistance Program household shall be determined in accordance with the following method:
Step A. Determine Estimated Home Heating Costs (EHHC)
Step F. Determine Heating Fuel Assistance Program Amount The State Department shall determine a benefit amount for each eligible household by subtracting the applicable adjustments listed above, in Steps B-E 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 LEAP program year.
3.758.48 Adjustments [Rev. eff. 9/1/11]
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. The benefit amount in a prior LEAP program year is not indicative of a current LEAP program year benefit amount and benefit levels may vary from program year to program year depending on funding and the applicant pool.
3.758.49 Forfeiture of Benefit [Eff. 11/1/98]
If the benefit is not properly claimed within the current federal fiscal year for the period of intended use, the household will forfeit the remaining benefit.
3.759 OUTREACH AND REFERRAL
3.759.1 COUNTY DEPARTMENTS
3.759.11 Operation [Rev. eff. 12/1/14]
The county department has responsibility for the operation of a county wide outreach program. The outreach program shall be operated in accordance with guidelines contained in this section. The county may opt to contract with other agencies to perform all or part of the required outreach activities. Counties must assure that outreach includes:
A. Coordination with other agencies, organizations, and groups to facilitate the participation of potentially eligible persons with emphasis on most vulnerable (e.g., elderly, disabled, home bound, non-English speaking);
B. Access to Heating Fuel Assistance Program information and application forms. Outreach staff must identify locations in the county, such as community action programs, Social Security offices, low income housing sites, etc., for distribution of information, taking of applications, etc., through these sites. In addition, the county must have sufficient telephone lines to ensure access to information without requiring office visits;
C. An effective county wide information and referral system involving local agencies and organizations;
D. A referral system to weatherization and other energy conservation programs in the county;
E. Special efforts to meet the needs of target groups (e.g., home visits for home bound, out stationing of outreach staff, etc.). County departments shall assist disabled and elderly (as defined in the “Definitions” section of these rules) applicants in completing applications and securing the required verification;
F. Regular communications with cooperating agencies to identify concerns, problems, etc.;
G. Encourage utility companies to refer their customers to the county departments.
3.759.12 Outreach Plan [Rev. eff. 11/1/03]
The county department shall develop an outreach plan which describes specific activities the county will perform to carry out the specific responsibilities outlined in 3.759.11, above. The plan shall be available for public inspection at the county department.
3.759.13 Reporting Requirements
County departments shall comply with outreach reporting requirements as prescribed by the State Department. Failure to comply may result in the recovery of outreach funds.
3.759.2 OUTREACH ACTIVITIES
3.759.21
Outreach materials shall be distributed to various community agencies targeting groups such as elderly, persons with disabilities, veterans, migrant seasonal workers, renters, Native Americans, and non-English or limited English speaking communities.
3.759.3 (None) [Rev. eff. 2/1/12]
3.759.4 WEATHERIZATION REFERRAL
3.759.41 [Rev. eff. 11/1/83]
Eligible households shall be referred for participation in weatherization, energy conservation and other related assistance upon the household's request.
3.760 (NONE) [Rev. eff. 9/15/12]
3.770 ALLOCATION FOR ADMINISTRATION AND OUTREACH [Rev. eff. 11/1/96]
The county may transfer funds from Program Code 4510 Administration to Program Code 4520 Outreach. The county may not transfer funds from Program Code 4520 Outreach to Program Code 4510 Administration.
The county is to budget its allocation of funds for Program Code 4510 Administration and Program Code 4520 Outreach to cover all expenditures which may be incurred from October 1 to the following September 30. The county department shall not be reimbursed for expenditures in excess of the county's allocation of Program Code 4510 and Program Code 4520 funds. The county's allocation of Program Code 4510 Administration funds will not be increased unless the State Department allocates additional funds to all counties or unless the county meets the following criteria:
A. The county submits a written letter of request which includes the county's original budget plan for expenditure of its allocation of administrative funds, a description of expenditures to date for administrative costs, a budget of anticipated costs for the remainder of the program, and a narrative justification of actual and anticipated expenditures for the program.
B. The request for additional funds must be justified on the basis of one or both of the following factors:
_________________________________________________________________________ Editor’s Notes Primary sections of 9 CCR 2503-1 have been recodified effective 09/15/2012. See list below. Versions and rule history prior to 09/15/2012 can be found in 9 CCR 2503-1. Prior versions can be accessed from the All Versions list on the current rule page.
Rule section 3.500, et seq. has been recodified as 9 CCR 2503-5, (Reserved for Future Use). Rule section 3.600, et seq. has been recodified as 9 CCR 2503-6, COLORADO WORKS PROGRAM.
Rule section 3.700, et seq. has been recodified as 9 CCR 2503-7, OTHER ASSISTANCE PROGRAMS.
Rule section 3.800, et seq. has been recodified as 9 CCR 2503-8, ADMINISTRATIVE PROCEDURES.
Rule section 3.900, et seq. has been recodified as 9 CCR 2503-9, COLORADO CHILD CARE ASSISTANCE PROGRAM.
History Sections 3.750.12-13, 3.751.1, 3.751.31, 3.751.41-43, 3.751.51, 3.751.53, 3.751.71-72, 3.752.1, 3.752.22-23, 3.754.1, 3.756.2 eff. 09/15/2012. Section 3.760-3.760.53 repealed eff. 09/15/2012. Sections 3.744.F-G, 3.746.A-F, emer. rules eff. 11/09/2012. Sections 3.720, 3.721.22, 3.744.A-B emer. rules eff. 02/01/2013. Sections 3.744.F-G, 3.746. A-F eff. 03/02/2013.
Sections 3.720-3.720.32, 3.721.22, 3.744.A-B eff. 05/01/2013. Sections 3.751.1, 3.751.34, 3.752.1-3.752.22.E, 3.752.25, 3.754.1, 3.754.1.K, 3.755.13-3.755.42, 3.756.12-3.756.13, 3.756.2, 3.758.1, 3.758.47 eff. 11/01/2013. Sections 3.700, 3.720-7.746 eff. 03/02/2014.
Sections 3.750-3.751.53, 7.751.6-3.756.11, 7.756.2-7.759.13 eff. 12/01/2014. Sections 3.751.44, 3.751.56, 3.752.22, 3.752.22.D, 3.752.23, 3.752.23.P-DD, 3.752.25, 3.754.1, 3.754.1.C, 3.755.21, 3.755.21.A, 3.755.21.B.4, 3.755.21.I.3, 3.755.45, 3.755.51, 3.758.47,
Section 3.751.56 eff. 04/01/2016.
Sections 3.710, 3.711 recodified as 9 CCR 2503-3 eff. 09/01/2016. Section 3.750 eff. 11/01/2016.
Entire rule eff. 11/01/2017.
Annotations Rule 3.751.44 (adopted 10/03/2014) was not extended by Senate Bill 15-100 and therefore expired 05/15/2015.
Rule 3.751.56 (adopted 09/09/2016) was not extended by Senate Bill 17-083 and therefore expired 05/15/2017.