1. (1) The following nonbusiness resources are counted in determining a household's eligibility:

   1. (a) cash on hand;
   2. (b) certificate of deposits;
   3. (c) checking and savings accounts;
   4. (d) market value of stocks or bonds and/or other negotiable resources; and
   5. (e) the equity value of real property which is not the family home.
2. (2) The equity value of the household's business assets is counted in determining eligibility. The household may have business assets the equity value of which does not exceed $25,000.
3. (3) The value of a primary residence and the proceeds from the sale of a primary residence are not included as a resource for 12 months from the date of sale.
4. (4) The department adopts and incorporates by reference the department's LIHEAP Table of Resource Standards, for the 2025-2026 heating season. The LIHEAP table of resource standards is located at https://dphhs.mt.gov/hcsd/energyassistance/ or a copy may be obtained from the Department of Public Health and Human Services, Human and Community Services Division, P.O. Box 202956, Helena, MT 59620-2956.

5. (5) The dollar limitations on nonbusiness resources listed elsewhere in this rule will be adjusted annually by the department on July 1 by increasing each limitation by an amount equal to the limitation amount for the previous year, multiplied by the lesser of:

   1. (a) the percentage increase in the consumer price index, all items, United States city average, for the most recent calendar year completed before the beginning of the year for which the determination is being made; or
   2. (b) five percent.

Authorizing statute(s): 53-2-201, MCA

Implementing statute(s): 53-2-201, MCA

History: NEW, 1982 MAR p. 732, Eff. 4/16/82; AMD, 1982 MAR p. 1771, Eff. 10/1/82; AMD, 1983 MAR p. 1362, Eff. 9/30/83; AMD, 1984 MAR p. 1481, Eff. 10/12/84; AMD, 1985 MAR p. 1412, Eff. 9/27/85; AMD, 1991 MAR p. 1857, Eff. 10/1/91; TRANS, from SRS, 1998 MAR p. 2059; AMD, 2000 MAR p. 2707, Eff. 10/6/00; AMD, 2001 MAR p. 2037, Eff. 10/12/01; AMD, 2002 MAR p. 3635, Eff. 11/28/02; AMD, 2004 MAR p. 1026, Eff. 4/23/04; AMD, 2004 MAR p. 2818, Eff. 11/19/04; AMD, 2005 MAR p. 2078, Eff. 10/28/05; AMD, 2007 MAR p. 974, Eff. 7/6/07; AMD, 2007 MAR p. 1948, Eff. 11/22/07; AMD, 2011 MAR p. 108, Eff. 1/28/11; AMD, 2011 MAR p. 2419, Eff. 11/11/11; AMD, 2013 MAR p. 61, Eff. 1/18/13; AMD, 2014 MAR p. 126, Eff. 1/17/14; AMD, 2015 MAR p. 2145, Eff. 12/11/15; AMD, 2018 MAR p. 108, Eff. 1/13/18; AMD, 2018 MAR p. 1886, Eff. 9/22/18; AMD, 2019 MAR p. 2383, Eff. 12/28/19; AMD, 2020 MAR p. 1844, Eff. 10/10/20; AMD, 2021 MAR p. 1060, Eff. 10/1/21; AMD, 2023 MAR p. 480, Eff. 5/27/23; AMD, 2026 MAR, Notice No. 2026-532, Eff. 5/23/26.