1. (a) The subrecipients shall establish the client eligibility level at 125% of the federal poverty level in effect at the time the client makes an application for services. Dwelling units that contain household members who receive SSDI only are not automatically eligible.

2. (b) The subrecipients shall establish eligibility and priorities criteria to increase the energy efficiency of dwellings owned or occupied by low-income persons who are particularly vulnerable such as the elderly, persons with disabilities, families with young children, high residential energy users, and households with high energy burden. High residential energy users and households with high energy burden are considered to be as follows:

   1. (1) Households with high energy burden. The energy burden is determined by dividing annual home energy costs by annual gross income. The percentage at which energy burden is considered high is defined by data gathered from the State Data Center and updated each year.
   2. (2) Households with high energy consumption as determined by using data collected from the State Data Center and updated each year.
3. (c) The subrecipients shall follow the Department rules and established state and federal guidelines for determining eligibility for multifamily dwelling units as referenced in §6.6 of this subchapter.
4. (d) Subrecipients shall base annualized eligibility determinations on household income from the 30 day period prior to the date of application for assistance. Each subrecipient shall document income from all sources for all household members for the entire 30 day period prior to the date of application and multiply by twelve (12) to annualize income. Income documentation must be collected from all income sources for all household members 18 years and older for the entire 30 day period.
5. (e) Subrecipients shall calculate annual income using, at a minimum, applicant's income from the previous 30 day period. In the case of migrant, seasonal, part-time, temporary, or self-employed workers a longer period than 30 days may be used for annualizing income. However, the same method must be used for all similarly situated workers.
6. (f) If proof of income is unavailable, the applicant must complete and sign a Declaration of Income Statement (DIS). In order to use the DIS form, each subrecipient shall develop and implement a written policy and procedure on the use of the DIS form. In developing the policy and procedure, subrecipients shall give consideration to limiting the use of the DIS form to cases where there are serious extenuating circumstances that justify the use of the form. Such circumstances might include crisis situations such as applicants that are affected by natural disaster which prevents the applicant from obtaining income documentation, applicants that flee a home due to physical abuse, applicants who are unable to locate income documentation of a recently deceased spouse, or whose work is migratory or seasonal in nature. The Department will review the written policy and its use during on-site monitoring visits.

7. (g) Subrecipient shall determine income eligibility.

   1. (1) The following list contains the types of income that are included as income in the definition of income for the purpose of determining the total household income:

      1. (A) Temporary Assistance for Needy Families (TANF);
      2. (B) money, wages and salaries before any deductions;
      3. (C) net receipts from non-farm or farm self-employment (receipts from a person's own business or from an owned or rented farm after deductions for business or farm expenses);
      4. (D) regular payments from social security;
      5. (E) railroad retirement;
      6. (F) unemployment compensation;
      7. (G) strike benefits from union funds;
      8. (H) worker's compensation;
      9. (I) veteran's payments;
      10. (J) training stipends;
      11. (K) alimony;
      12. (L) military family allotments;
      13. (M) private pensions;
      14. (N) government employee pensions (including military retirement pay);
      15. (O) regular insurance or annuity payments; and
      16. (P) dividends, interest, net rental income, net royalties, periodic receipts from estates or trusts; and net gambling or lottery winnings.

   2. (2) The following is a list that contains the types of income that are excluded from the definition of income:

      1. (A) Social Security Disability Insurance (SSDI) payments;
      2. (B) Supplemental Security Income (SSI) payments;
      3. (C) capital gains; any assets drawn down as withdrawals from a bank;
      4. (D) the sale of property, a house, or a car;
      5. (E) one-time payments from a welfare agency to a family or person who is in temporary financial difficulty;
      6. (F) tax refunds, gifts, loans, and lump-sum inheritances;
      7. (G) one-time insurance payments, or compensation for injury;
      8. (H) non-cash benefits, such as the employer-paid or union-paid portion of health insurance or other employee fringe benefits;
      9. (I) food or housing received in lieu of wages;
      10. (J) the value of food and fuel produced and consumed on farms;
      11. (K) the imputed value of rent from owner-occupied non-farm or farm housing;
      12. (L) federal non-cash benefit programs as Medicare, Medicaid, Food Stamps, and school lunches;
      13. (M) housing assistance and combat zone pay to the military;
      14. (N) college scholarships, Pell and other grant sources, assistantships, fellowships and work study; and
      15. (O) child support payments.
8. (h) A dwelling unit shall be eligible for weatherization assistance if it is occupied by a family unit which contains a current household member who has received TANF or SSI at anytime during the twelve month period preceding the determination of eligibility. Dwelling units that contain household members who receive SSDI only are not automatically eligible. The eligibility of dwelling units for WAP services can be found in 10 CFR Part §440.22.

Source Note:The provisions of this §6.5 adopted to be effective April 1, 2007, 32 TexReg 1728.