PURPOSE: This rule establishes the basic policies and procedures to determine eligibility and amount of benefits to be paid under Missouri’s Low Income Home Energy Assistance Program. This program will assist certain low income households with partial payment of their winter home heating costs.

1. (1) Definitions.

   1. (A) Available resources will be defined as cash holdings in banks, savings and loan companies, credit unions, mutual funds, stocks and bonds, money market accounts, annuities, individual retirement accounts, Keogh accounts and deferred compensation plans.
   2. (B) Disabled will be defined as totally and permanently disabled or blind and receiving federal Social Security disability benefits, civil service disability benefits or federal Supplemental Security Income (SSI) benefits based on blindness or disability, Veterans Administration disability benefits, State Blind Pension, State Aid to the Blind (AB), state supplemental payments, based on blindness or disability under the SSI Program or Medical Assistance (MA), based on blindness or disability.
   3. (C) Head of household will be defined as the individual whose name appears on the fuel bill and who is financially responsible for payment of the home heating costs.
   4. (D) Home energy heat will be defined as electricity, fuel oil, natural gas, propane (tank or cylinder), wood or coal used as the source for heating a residential home.
   5. (E) Home energy supplier will be defined as a public or private business (public or private investor-owned utilities, municipallyowned utilities, rural electric cooperatives and privately-owned distributorships) engaged primarily in the retail sale of home heating fuel to the general public within a given geographic area.
   6. (F) Household will be defined as an individual(s) living in private living quarters (a space with a private entrance) for which residential heat is purchased in common.
   7. (G) Landlord applicant will be defined as a household who rents residential property and who pays a heat bill in addition to rent.
   8. (H) Renter applicants will be defined as a household with heating costs included in their rental charge.
2. (2) Federal funds will be used for partial payment of winter home heating costs incurred by eligible households during the months of October, November, December, January, February and March of each calendar year beginning in November 1986 and continuing so long as federal funds are available for this purpose.

3. (3) Primary eligibility requirements for this program are as follows:

   1. (A) Each household member must be a citizen of the United States or an alien admitted to the United States for permanent resident status and a current resident of Missouri;
   2. (B) Each household’s available resources may not exceed three thousand dollars ($3,000). Households determined ineligible due to excess resources will remain ineligible for the remainder of that program year;
   3. (C) Each head of household or spouse must establish that s/he has a fuel account in his/her name or meet the definition of a renter or landlord situation and is incurring costs from a home energy heat source; and
   4. (D) Each household must have a monthly income no greater than the specific amounts based on household size as set forth in the Low Income Home Energy Assistance Program (LIHEAP) Income Ranges Chart. If the household size and composition of a LIHEAP applicant household can be matched against an active food stamp case reflecting the same household size and composition, monthly income for LIHEAP will be established by using the monthly income documented in the household’s food stamp file. Household Size Income Range LIHEAP INCOME RANGES CHART

$0–187 $0–253 $0–318 $0–383 $0–449 $0–514 $0–580 $0–645 $0–710 $0–776 $0–841 $0–907 $0–972 $0–1,038 $0–1,103 $0–1,168 $0–1,234 $0–1,299 $0–1,365 $0–1,430 Monthly Income Amounts

Income Range $188–375 $254–507 $319–637 $384–767 $450–899 $515–1,029 $581–1,161 $646–1,291 $711–1,421 $777–1,553 $842–1,683 $908–1,815 $973–1,945 $1,039–2,077 $1,104–2,207 $1,169–2,337 $1,235–2,469 $1,300–2,599 $1,366–2,731 $1,431–2,861 Income Range $376–563 $508–761 $638–956 $768–1,151 $900–1,349 $1,030–1,544 $1,162–1,742 $1,292–1,937 $1,422–2,132 $1,554–2,330 $1,684–2,525 $1,816–2,723 $1,946–2,918 $2,078–3,116 $2,208–3,311 $2,338–3,506 $2,470–3,704 $2,600–3,899 $2,732–4,097 $2,862–4,292 13 CSR 40-19

Income Range $564–751 $762–1,015 $957–1,275 $1,152–1,535 $1,350–1,799 $1,545–2,059 $1,743–2,323 $1,938–2,583 $2,133–2,843 $2,331–3,107 $2,526–3,367 $2,724–3,631 $2,919–3,891 $3,117–4,155 $3,312–4,415 $3,507–4,675 $3,705–4,939 $3,900–5,199 $4,098–5,463 $4,293–5,723 Income Range $752–935 $1,016–1,263 $1,276–1,590 $1,536–1,917 $1,800–2,244 $2,060–2,571 $2,324–2,898 $2,584–3,225 $2,844–3,552 $3,108–3,879 $3,368–4,206 $3,632–4,533 $3,892–4,860 $4,156–5,188 $4,416–5,515 $4,676–5,842 $4,940–6,169 $5,200–6,496 $5,464–6,823 $5,724–7,150 (4) Household members meeting any of the following conditions will not be eligible to receive LIHEAP benefits:

1. (A) Individuals residing in adult boarding facilities, intermediate care facilities, residential care facilities or skilled nursing facilities who do not pay a home energy supplier directly for their heating costs;
2. (B) Individuals residing in hotels, motels, dormitories or temporary shelters who do not pay a home energy supplier directly for their heating costs;
3. (C) Individuals not considered as household members. This will include roomers, boarders, live-in attendants and students or military personnel that are not actually residing in the home;
4. (D) Individuals living in government subsidized housing, unless they are paying a home energy supplier directly for their home heating costs or are billed for any out-of-pocket heating costs by the landlord or housing authority;
5. (E) Individuals that have been approved in a prior energy assistance case or individuals moving into a household that has previously received energy assistance in the current year at the same address;
6. (F) Individuals that use kerosene or cut their own wood for the purpose of heating their home;
7. (G) Individuals not living in the home for which they are applying for energy assistance benefits, but do continue to pay a home energy supplier for heating that home, will not be eligible to receive energy assistance benefits on the unoccupied residence;
8. (H) Individuals that reside outside Missouri. This does not include a household that has a mailing address of a surrounding state but actually resides in Missouri;
9. (I) Individuals in transitional living situations;
10. (J) Individuals that are not citizens of the United States or permanent resident aliens; and
11. (K) Individuals who have a credit balance with their fuel supplier in excess of five hundred dollars ($500).

1. (5) LIHEAP payments will be made in either one (1)-time line-of-credit payments to a participating home energy supplier or a one (1)- time direct cash payment to the eligible household based on their household size, income, heat source and geographic location as set forth in the Payment Levels Chart for Northern and Southern Missouri. If the household meets the definition of a renter household, they will receive a one (1)-time direct cash payment equal to eight percent (8%) of their annual rent not to exceed the maximum payment level for their particular heat source, household size and income. Payment Levels For Northern Missouri Primary Fuel Types A Fuel Oil $292 Tank Propane $274 Natural Gas $257 Electric $252 Wood $184 Cylinder Propane $138 Coal $116 Payment Levels For Southern Missouri Primary Fuel Types F Fuel Oil $265 Tank Propane $253 Natural Gas $237 Electric $232 Wood $169 Cylinder Propane $127 Coal $ 93
2. (6) The Division of Family Services will recover outstanding energy assistance overpayments made in prior years’ programs by deducting the overpayment from the current year’s energy assistance benefit payment.
3. (7) One (1) energy assistance card will be sent to each household applying for benefits under LIHEAP which will notify the individual of his/her eligibility status and the right to request a fair hearing.
4. (8) No funds for services included in this program shall be expended until a specific appropriation for this purpose has been made.

AUTHORITY: section 207.020, RSMo 2000.* Emergency rule filed Nov. 26, 1980, effective Dec. 6, 1980, expired March 11, 1981. Original rule filed Nov. 26, 1980, effective March 12, 1981. Emergency amendment filed Nov. 19, 1981, effective Dec. 1, 1981, expired March 10, 1982. Amended: Filed Nov. 19, 1981, effective March 11, 1982. Emergency amendment filed Oct. 29, 1982, effective Nov. 15, 1982, expired Feb. 10, 1983. Amended: Filed Oct. 29, 1982, effective Feb. 11, 1983. Emergency amendment filed Oct. 5, 1983, effective Nov. 1, 1983, expired Jan. 12, 1984. Amended: Filed Oct. 5, 1983, effective Jan. 13, 1984. Emergency amendment filed Sept. 7, 1984, effective Oct. 15, 1984, expired Jan. 15, 1985. Emergency amendment filed Oct. 4, 1985, effective Oct. 15, 1985, expired Feb. 1, 1986. Amended: Filed Oct. 4, 1985, effective Feb. 14, 1986. Emergency rescission and rule filed Sept. 16, 1986, effective Sept. 26, 1986, expired Jan. B C D E $256 $225 $193 $162 $244 $214 $184 $154 $226 $206 $178 $158 $224 $199 $167 $139 $164 $143 $123 $103 $123 $107 $ 91 $ 76 $104 $ 91 $ 78 $ 65 G H I J $211 $184 $162 $135 $201 $175 $154 $129 $198 $178 $158 $139 $199 $179 $150 $122 $136 $119 $102 $ 92 $102 $ 89 $ 76 $ 64 $ 74 $ 65 $ 54 $ 46 14, 1987. Rescinded and readopted: Filed Sept. 16, 1986, effective Jan. 12, 1987. Emergency amendment filed Sept. 1, 1987, effective Sept. 11, 1987, expired Jan. 9, 1988. Amended: Filed Sept. 1, 1987, effective Nov. 23, 1987. Emergency amendment filed Sept. 28, 1988, effective Nov. 1, 1988, expired March 1, 1989. Amended: Filed Sept. 28, 1988, effective Dec. 29, 1988. Emergency amendment filed Sept. 27, 1989, effective Nov. 1, 1989, expired Feb. 28, 1990. Amended: Filed Sept. 27, 1989, effective Jan. 12, 1990. Emergency amendment filed Aug. 30, 1990, effective Nov. 1, 1990, expired March 1, 1991. Amended: Filed Aug. 30, 1990, effective Feb. 14, 1991. Emergency amendment filed Aug. 30, 1991, effective Nov. 1, 1991, expired Feb. 28, 1992. Amended: Filed Aug. 30, 1991, effective Jan. 13, 1992. Emergency amendment filed Oct. 8, 1992, effective Nov. 1, 1992, expired Feb. 28, 1993. Emergency amendment filed Dec. 2, 1992, effective Feb. 28, 1993, expired June 27, 1993. Amended: Filed Oct. 8, 1992, effective April 8, 1993. Emergency amendment filed Oct. 15, 1993, effective Nov. 1, 1993, expired Feb. 28, 1994. Emergency amendment filed Feb. 4, 1994, effective March 1, 1994, expired June 28, 1994. Amended: Filed Oct. 15, 1993, effective April 9, 1994. Emergency amendment filed Oct. 13, 1994, effective Nov. 1, 1994, expired Feb. 9, 1995. Emergency amendment filed Jan. 17, 1995, effective Feb. 10, 1995, expired June 9, 1995. Amended: Filed Oct. 13, 1994, effective March 30, 1995. Emergency amendment filed Sept. 20, 1995, effective Oct. 1, 1995, expired March 28, 1996. Amended: Filed Sept. 20, 1995, effective Feb. 25, 1996. Emergency amendment filed Sept. 10, 1996, effective Oct. 1, 1996, expired March 29, 1997. Emergency amendment filed Sept. 23, 1997, effective Oct. 3, 1997, expired March 31, 1998. Amended: Filed Sept. 23, 1997, effective March 30, 1998. Emergency amendment filed Sept. 4, 1998, effective Oct. 1, 1998, expired March 29, 1999. Amended: Filed Sept. 4, 1998, effective March 30, 1999. Emergency amendment filed Sept. 2, 1999, effective Oct. 1, 1999, expired March 28, 2000. Amended: Filed Sept. 2, 1999, effective April 30, 2000. Emergency amendment filed Aug. 31, 2000, effective Oct. 1, 2000, expired March 28, 2001. Amended: Filed Aug. 31, 2000, effective Feb. 28, 2001. Emergency amendment filed Sept. 21, 2001, effective Oct. 1, 2001, expired March 29, 2002. Amended: Filed Sept. 21, 2001, effective April 30, 2002. Emergency amendment filed Sept. 19, 2002, effective Oct. 3, 2002, expired March 31, 2003. Amended: Filed Sept. 19, 2002, effective March 30, 2003. Emergency amendment filed Sept. 19, 2003, effective Oct. 1, 2003, expired March 28, 2004. Amended: Filed Sept. 19, 2003, effective May 30, 2004. *Original authority: 207.020, RSMo 1945, amended 1961, 1965, 1977, 1981, 1982, 1986, 1993.