Wyo. Code R. 049-0024-1
Effective Date: 10/31/2012 to Current
Rule Type: Current Rules & Regulations
Reference Number: 049.0024.1.10312012
Section 1. Authority. These rules are promulgated in accordance with the Wyoming Administrative Procedure Act, W.S. 16-3-101 through 16-3-115, and the rule making authority of the Department of Family Services, W.S. 42-2-103 (b) (iii) and W.S. 42-2-501. The Low Income Home Energy Assistance program is authorized by the Omnibus Budget Reconciliation Act of 1981 (Public Law 97-35, August 13, 1981 as amended. This law is also referred to as the Low Income Home Energy Assistance Act of 1981.
Section 2. Purpose. These rules provide uniform procedures for the administration of the LIEAP.
(h) 'Authorized Representative' - a person acting for an applicant or recipient through the individual's written authorization.
(i) 'Capital Gains' - the principal amount received from the sale of property.
(z) 'Eligibility Factor' - a specified condition that an applicant must meet in order to qualify to receive assistance.
(aa) 'Energy Burden' - the expenditures of the household for home energy divided by the income of the household.
(bb) 'Entitlement' - the maximum benefit for which a household qualifies. Income, household size, and fuel cost are factors considered when figuring recipient's entitlement.
(cc) 'Entitlement Fraction'- the percentage of fuel cost the household is entitled to receive.
(dd) 'ECS' - the Eligibility Computer System at DFS.
(ee) 'Exempt' - a category of income, resources or circumstances not subject to program policy or limits and is not counted when determining eligibility.
(ff) 'Fair Hearing' – a formal hearing conducted within established legal proceedings with a duly appointed hearing officer. Also known as a contested case hearing.
(gg) 'Foster Care, Title IV-E' - a financial assistance program under the Social Security Act for a child(ren) whose income and resources meet 1996 Aid to Families With Dependent Children (AFDC) guidelines and who is placed in a foster care facility approved by DFS.
(hh) 'Fuel Type/Home Heating Fuel'- the main fuel source used for heating the home. Fuel types are natural gas, electricity, propane, coal, diesel, oil, and wood.
(ii) 'Gross Income' - the total money the person is entitled to receive prior to any deductions, such as Social Security and/or withholding tax.
(jj) 'Heat Loss Emergency' - a situation that threatens the life and/or the health of a household unit member due to loss of heat.
(kk) 'Household' - any individual or group of individuals living together in the same building and who commonly benefit from the primary and secondary heating source unless the utility is metered separately and in separate names and accounts or do not have access to the other occupant's living space and can provide verification they are responsible for the heat costs. The energy purchase may be in the form of rent. Roomers and boarders may be eligible in their own right if they pay utilities based on metered readings separate from other rental units.
(ll) 'Identification' - proof that a person(s) exists by means such as Social Security card, drivers license, or birth certificate.
(mm) 'Illegal Alien/Immigrant' - a foreign national who: 1) entered the United State of America without inspection or with fraudulent documentation; or 2) after entering legally as a nonimmigrant, violated status and remained in the United States of America without permission.
(nn) 'Income' - the household's total gross non-exempt money received from any source.
(oo) 'Income Standard' - the maximum income allowed for a household to qualify for LIEAP, based on the Federal poverty guidelines or State median income according to the Wyoming Statute 42-2-501(c).
(pp) 'Landlord' - the owner of an income-producing dwelling.
(qq) 'LIEAP' - the Low Income Energy Assistance Program is a Federal and State funded program designed to help low-income State of Wyoming residents pay for their home heating costs and resolve home heating emergencies.
(rr) 'LIEAP Office' - the DFS authorized contractor (and their hired staff) or DFS staff who certify applications for LIEAP.
(ss) 'Master File Printout' - the computer listing that details household benefit data.
(tt) 'Mail-in' - the process which defines how an applicant submits their application to LIEAP requesting assistance. This includes mailing in their application through the United States Postal Service, emailing applications and faxing applications to the LIEAP office.
(uu) 'Net Profit' - the gross receipts less business expenses except depreciation expense and payments on the principal amount of mortgages as determined from business or tax records.
(vv) 'Non-exempt (countable)' - a category of income to which the program policy and limits are to be applied.
(ww) 'Notice Of Action' - a written statement which informs the applicant/recipient of the intended action to be taken in the manner of payment, the amount of payment and/or the period of eligibility, the reason and specific regulation(s) supporting the action, the date the action shall occur and a statement of the person's right to request a hearing.
(xx) 'Outreach' - the process of informing the public of the program.
(yy) 'Overpayment' - a LIEAP payment received by the household which exceeds the benefit level for which that household was eligible.
(zz) 'Payee' - a vendor or landlord who receives the LIEAP benefits on behalf of an eligible recipient.
(aaa) 'Primary Fuel' - the primary type of energy used to heat the home.
(bbb) 'Prospective Income' - using the best estimate of income and circumstances that exist in the payment month to determine eligibility.
(ccc) 'Reassess' - when a denied applicant requests a review of his/her eligibility status.
(ddd) 'Recipient' - a person who is eligible for and receiving benefits.
(eee) 'Recouped Adjusted Benefits' - the adjusted benefit less the overpayment.
(fff) 'Resident' – a person who lives or dwells in Wyoming for a continued period of time with the intent to reside permanently in the state.
(ggg) 'Seasonal Resident' - an applicant who resides in his/her home during the summer months but resides elsewhere in the winter months.
(hhh) 'Secondary Fuel' - supplies the energy to assist the primary fuel supply to produce heat or assists by supplying additional heat.
(iii) 'Self-employment' - an individual who is in business to make a profit.
(jjj) 'Social Security' - the benefit which the Social Security Administration pays including SSA, SSI, and SSDA (Survivor's and Widow's benefits).
(kkk) 'Social Security Number (SSN)' - the number assigned to each person who applies for a number with the Social Security Administration.
(lll) 'State Pay Run' - the method by which State warrants or Electronic Funds Transfer (ETFs) are issued to a vendor on behalf of eligible households.
(mmm) 'State Plan' - the federally required plan of operation that the State of Wyoming adopts yearly to govern its implementation of LIEAP.
(nnn) 'Student' - a person enrolled in a college level educational or vocational institution.
(ooo) 'Supplemental Security Income' - a program funded under Title XVI of the Social Security Act.
(ppp) 'Ten Day Notice Period' - the ten (10) working days immediately following the date on the Notice of Action.
(qqq) 'Vendor Payment' - a method of generating a direct payment to a fuel supplier or landlord on behalf of a household.
(rrr) 'Veteran's Service-Connected Disability Benefits' - the benefit which the Veteran's Administration pays for service-connected disabilities including the benefits for a veteran's dependent(s) and spouse.
(sss) 'Verification' - photocopies of original documents to support identification, income, student employment, and vulnerability of an applicant.
(ttt) 'Vulnerability' - a condition requiring a household to be responsible for the primary heating cost of the home.
(uuu) 'Warrant' - the written document (check) which authorizes the State of Wyoming to pay the stated amount to the specified payee and authorizes the specified payee to receive the payment.
(vvv) 'Young Child' - a child under six (6) years of age.
Section 4. Application Process. The following procedure is used to facilitate the application process:
(a) A computer list of priority and targeted groups of recipients from the previous year is created. Applications are mailed to those:
(i) Households approved for LIEAP assistance in the prior year; and those
(ii) Who are elderly, disabled or a household with a child(ren) under six (6) years old.
(b) Payments to groups (i) and (ii) follow procedures described in the State Plan.
(c) Potential applicants, outside the above-targeted groups, are mailed an application from the LIEAP office when an applicant requests by telephone or in writing.
(d) Completed and signed applications are accepted and date stamped.
(e) Applicants shall provide photocopies of prescribed forms of identification, sources of income, student enrollment, and proof of vulnerability. These requirements shall be explained in the information packet mailed with the application.
(f) Each applicant has the right to ask for and obtain assistance from LIEAP staff in completing an application, in understanding the notices and forms and in obtaining any information necessary to complete the forms.
(g) The application must be processed within forty-five (45) days of receipt. One (1) of the following determinations shall be made:
(i) Approved when the applicant is determined eligible;
(ii) Denied when the applicant is ineligible or fails to cooperate;
A. If the application has been denied for not submitting verifications, the case can be reassessed for eligibility when the verifications are received within the season.
(iii) Withdrawn at applicant's request and when client dies or cannot be located; or
(iv) Pended when additional verifications are needed.
(h) Within the same forty-five (45) days of receipt of application, the applicant shall be notified in writing of the determination made. The notice shall also advise the applicant of their right to request a fair hearing.
(a) Applicants have a right to receive an application for LIEAP by a phone, email or written request without delay.
(b) All applications and attached photocopies of personal information shall be held confidential and shall not be disclosed except when deemed necessary to determine eligibility or as provided in the W.S.42-2-111.
(c) Applicants or recipients shall be informed of the following:
(d) LIEAP payments shall be made within forty-five (45) days of certification of eligibility after the first payment month as defined in the State Plan.
(e) Fair Hearing
(i) Any applicant shall be granted a fair hearing upon request, when:
(A) The application is denied;
(B) The application is not acted upon within forty-five (45) days of the date stamped on the application; or when
(C) The applicant believes the awarded benefit is inaccurate.
(ii) A fair hearing is not available if circumstances change after the application has been submitted unless good cause is determined by DFS Program Manager.
(iii) A hearing shall be requested within ten (10) days of notice of determination. Attempts shall be made through phone conversations or in person with the LIEAP office manager to resolve the dispute. If the dispute is resolved to the satisfaction of both parties, the person who requested the fair hearing shall sign a statement withdrawing the request. If the dispute is not resolved, the LIEAP office manager shall refer the matter to the DFS LIEAP Program Manager.
(a) An applicant and/or recipient shall provide a completed application that is legible, signed by all adults in the household, and dated. Photocopies of identification documents must be submitted with the application for verification purposes.
(b) An applicant and/or recipient shall cooperate with DFS to determine eligibility and shall provide:
(i) Photocopies of the following documents:
(A) Fuel bill and/or fuel consumption information;
(B) Not less than one (1) form of identification for each household member;
(C) Proof of countable income;
(D) When claiming zero income, the applicant and/or recipient shall provide documentation of status with Department of Workforce Services (DWS) and proof of zero income from the ECS or a written statement explaining their situation. A written statement from the applicant's and/or recipient's physician shall document no income due to a temporary or total disability; and
(E) Proof of physical address.
(ii) A signed and dated statement and identification (ID) authorizing a person to represent an applicant and/or recipient or other adults in the assistance unit, if applicable;
(c) Notice to the LIEAP office of any change in circumstances that may affect eligibility or benefit amounts, such as: address change, fuel supplier, fuel account number; and (d) Written request for a fair hearing within ten (10) days of receipt of eligibility notification should the applicant and/or recipient choose to contest the determination.
(a) The following person or groups of persons are eligible if they meet all other eligibility factors as set forth in these rules:
(i) Any adult that lives in a household with one (1) or more individuals and who is receiving benefits from Personal Opportunities With Employment Responsibilities, Supplemental Nutrition Assistance Program, Veteran or Survivors' Pension payments;
(ii) Households whose total income does not exceed the amount of the poverty level or State median income as specified in W.S. 42-2-501(c);
(iii) Renters who can prove that rent is increased due to fuel cost being passed on to the renter;
(iv) College students who meet the income and vulnerability requirements; and
(v) Legal aliens/immigrants.
(b) The following persons are not eligible:
(i) A person under the age of eighteen (18) living alone, unless head of household;
(ii) A person on strike at the time of application;
(iii) Northern Arapaho and Eastern Shoshone living on the Wind River Reservation, as a separate, funded organization;
(iv) Residents who do not reside in their Wyoming home in the winter months are not eligible for LIEAP benefits. Seasonal residents may receive weatherization services for no heat after meeting LIEAP eligibility criteria. The application is forwarded to the Weatherization Assistance Program, which may winterize the seasonal home; and
(v) Commercial accounts not directly related to rental properties or all businesses or corporations where the applicant's business pays the utilities.
(a) Income eligibility is based on the average monthly income of each individual in the household.
(i) Monthly income is calculated using current consecutive verifiable nonexempt gross income. Details for calculations based on various pay periods are outlined in the LIEAP Policies and Procedures Manual.
(A) Income received from interest earned on Contracts for Deed, Individual Retirement Accounts, Certificates of Deposits, checking accounts, savings accounts or cashed savings bonds shall be considered when the interest accrued exceeds Thirty Dollars ($30.00) a month.
(I) Income produced by real property and operated as a business by the applicant is included under the income limitations for eligibility.
(II) Income of an alien/immigrant sponsor and his/her spouse must be deemed available one hundred percent (100%) for determining LIEAP benefits.
(ii) The following sources of income are exempt:
(A) Earned income of a child(ren) under fourteen (14) years old or of a child(ren) in the household unit who is a full time student and is under the age of eighteen (18);
(B) The value of United States Department of Agriculture donated foods or the value of the Supplemental Nutrition Assistance Program benefits. The value of supplemental food assistance received under the Child Nutrition Act of 1966 including the Women, Infants, and Children program and the special food service program for children under the National School Lunch Act;
(C) Foster Care payments paid by the State to recipients whose homes have been certified as approved foster homes by DFS;
(D) Gifts of Thirty Dollars ($30.00) or less in the payment month;
(E) Any wages, allowances or reimbursement for transportation and attendant care costs, when received by a handicapped individual employed in a project under Title VI of the Rehabilitation Act of 1973 as amended by Title II of Public Law 95-602;
(F) The value of goods and/or services provided in lieu of or in addition to cash;
(G) Per capita payments to Native Americans as covered under Federal law;
(H) State or federal payments or benefits, the exclusion of which is required in determining eligibility for other State or federal benefits;
(I) Income received infrequently or irregularly of less than Thirty Dollars ($30.00) for the budget month;
(J) All payments received under the Workforce Investment Act (WIA);
(K) All loans, grants and scholarships;
(L) Money received in the form of a lump sum payment, including but not limited to, income tax refunds, rebates or credits; retroactive lump-sum Social Security, and refunds of security deposits on rental property or utilities;
(M) Assistance other than wages under the Older American Act (OAA) of 1965, such as Title III, for nutrition and social services projects as administered by Area Agencies on Aging;
(N) Exempt reimbursements on specific expenses other than normal living expenses, such as:
(I) Reimbursements for job or training related expenses such as: travel, per diem, uniforms, and transportation to and from the job or training site;
(II) Reimbursements for out-of-pocket expenses incurred by volunteers in the course of their work; and
(III) Medical (Insurance) or dependent care reimbursements.
(O) Payments received under Title II of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970;
(P) Homestead Exemption Property Tax or Sales and Use Tax refunds by the State of Wyoming;
(Q) Payments made on behalf of a household by an individual or company when the payment is made directly to a vendor and the client cannot convert the payment into cash for his/her own use;
(R) Payments for services to volunteers serving as foster grandparents, senior health aids, senior companions, and persons serving in the Service Corps of Retired Executives (SCORE) and Active Corps of Executives (ACE) are exempt. This includes compensation under Sections 404(g) and 418 of the Domestic Volunteer Services Act of 1973;
(S) Service-connected Veteran’s disability benefit - Exempt the amount up to one-hundred percent (100%) federal poverty level, including dependents and spouse benefits. Amounts over the 100% federal poverty level are countable. A table of poverty guidelines is published in the LIEAP State Plan each program year;
(T) Payments made to others on the household’s behalf, provided that such payments were not directed by the household; and (U) The optional State Medicaid Supplement Benefit and Medicare deducted from SSA.
(V) The equity of all personal property such as clothing, household furnishings, and cars for all members of the household is exempt.
(iii) Court ordered child support paid on a monthly basis by an individual in the applicant household shall be deducted from earnings when figuring income eligibility.
(b) All households must meet the following vulnerability requirements:
(i) Applicants are vulnerable when one (1) of the following conditions exist:
(A) Home heating fuel costs are billed directly to applicant by the fuel supplier;
(B) Rent includes a prorated home heating fuel cost on a monthly basis and applicant can prove same with rent receipts and or lease agreement;
(C) Applicant has paid or incurred heating fuel costs for at least thirty (30) days; or
(D) Landlords or co-signers who keep utility bills in their name for individually metered single or multiple-family rentals unit shall furnish a photocopy of their utility bill along with the applicant’s application so the utility bill shall be paid on behalf of the applicant to the fuel supplier.
(ii) Applicants are not vulnerable when:
(A) Applicant resides in a dormitory;
(B) Applicant resides in a foster home, public or private institution, rehabilitation facility or group home, when living costs are subsidized in whole or in part by the State, local governments or private organizations;
(C) Applicant resides in a nursing home;
(D) Employer supplies housing which includes free or in-kind home heating fuel;
(E) Housing is furnished or paid for by a member not of the household unit when home heating fuel is included; or when
(F) Home heating fuel costs are paid by a person who is not a household unit member.
(a) An applicant shall provide originals or photocopies of all documents related to determination of eligibility.
(b) LIEAP workers shall assist the applicant, upon request, in obtaining the documents(s) when the individual is or would have difficulty providing them.
(c) The LIEAP office shall determine the accuracy and validity of each statement in the application that affects the eligibility of the applicant or the benefit amount by:
(i) Comparing each document to the others to see if the information is consistent;
(ii) Assuring the date the document was created supported the factor and does not raise more questions;
(iii) Examining the document to determine whether it has been tampered with or altered; and
(iv) Determining whether the document answers the issue in question.
(d) Require the applicant or recipient to provide the documents necessary to verify the eligibility factors except when:
(i) Verification of income for applicants on other assistance can be obtained from the ECS system for Personal Opportunities with Employment Responsibilities, Supplemental Nutritional Assistance Program and Medical recipients; and
(ii) The verification is available within the LIEAP office in a prior case and the factor is not subject to change, such as a Social Security Number (SSN) or date of birth.
(e) The LIEAP office shall review all items on the application that pertain to eligibility or benefit amounts.
(f) The LIEAP office shall resolve any questions raised from the documents submitted by the applicant before making the eligibility determination, by requesting additional documentation or contacting a knowledgeable source.
(g) Each eligibility factor shall be supported by a photocopy of the original document used for verification.
(i) All photocopied documents, written statements, or notes taken by LIEAP worker from verbal statements shall be documented in the applicant’s case file. Documentation shall include:
(A) The name and title of the person, if applicable;
(B) The organization's name; (C) The date information was requested; (D) Type of information or document requested; (E) Date information or document was received; and (F) Signature of LIEAP worker.
(ii) Acceptable documents used by the LIEAP office to determine identity, income and vulnerability for the applicant's eligibility for assistance include, but are not limited to, the sources listed below. Photocopies or originals of documents shall accompany prospective applicant's application.
(A) Identification: Social Security card, birth certificate, driver's license, credit cards, passport, medical records, and school records. The LIEAP office may also use information from the ECS at DFS to verify an applicant's identity.
(B) Income and student enrollment: wage stubs, award letters for Social Security, Supplemental Security Income, Social Security Disability, income tax returns, Personal Opportunities With Employment Responsibilities, strike benefits, military allotments, Bureau of Indian Affairs, child support, Veteran's benefits, adjusted self-employment, retirement benefits, pensions, railroad retirement, unemployment insurance, workers compensation, dividends, annuities, alimony, rental income, lease income, stipends, prizes (including lottery winnings), interest (derived from: contract for deed, Individual Retirement Accounts, certificates for deposit, cashed savings, bonds, checking accounts, savings account), and bank statements for Social Security Direct Deposit only. The LIEAP office may also use information from the ECS at DFS to verify an applicant's monthly household income.
(C) Vulnerability: Shut off notice, utility bill for primary heat source, lease or rental agreement, statement from the landlord or a rent receipt.
(a) The fuel cost standard tables in the LIEAP State Plan shall be used to determine household benefits. The tables provide the average cost of home energy allowed in the State for each type of fuel consumed by a recipient.
(b) The average low-income usage for natural gas, electricity, fuel oil, propane, coal and wood is based on cubic feet, kilowatts, cords, tons and gallons depending on the fuel type. Figures were obtained from fuel providers and the Public Service Commission and are a reasonable average for each fuel type.
(c) Payment is based on an entitlement as specified in the LIEAP State Plan.
(d) LIEAP or Crisis benefit computed to be less than Ten Dollars ($10.00) shall not be authorized for payment.
(e) Renters are considered to pay the same heating costs as other households. Therefore, they receive assistance based on the standard benefit formula.
Section 11. Payment Method. Payments are administered by LIEAP directly to the vendors to provide the most efficient and timely receipt of benefits for the recipients.
Fuel suppliers shall abide with the Statement of Assurances for Home Energy Suppliers, which LIEAP mails to fuel suppliers on a yearly basis. In addition, at the end of each LIEAP season, vendors are responsible for returning excess funds to LIEAP.
(i) Adjustments to LIEAP benefits, such as a new fuel supplier, new fuel type, collection of overpayment, revising recipients income or worker error, shall be made through the LIEAP computer system where benefits shall be automatically adjusted.
(ii) A Notice of Action shall be sent to the recipient explaining the corrective action and a copy retained in the recipient’s file.
(iii) Exception: If recipient has received all of his or her payments, a pay document is submitted to the LIEAP office for vouchering, provided recipient is due funds after the adjustment was made. Otherwise, the LIEAP computer system shall show the recipient receiving an overpayment.
(i) When an overpayment occurs (the amount of the benefit exceeds the amount of actual primary fuel cost) the following shall be done:
(A) The original fuel supplier is notified of recipient’s change of supplier. The original supplier must refund any excess benefit within thirty (30) days of final reading.
(B) When the refund is returned to the State, the LIEAP worker submits a pay document to the State LIEAP program requesting the refunded benefit be transferred to the new fuel supplier. The State LIEAP office shall have the refunded benefit from the original fuel supplier before benefit transfer is processed.
(ii) When vendors remit lump-sum refunds, they shall submit a list of recipient names, amount of refund, and the State ID number.
(b) LIEAP overpayments from a previous year(s) shall be recovered from a recipient's current adjusted benefit.
(a) The purpose of the outreach program is to reach target groups, the elderly, the handicapped, households with a child(ren) under six (6) years old and other low income households, with information about LIEAP, other energy related assistance programs and energy conservation.
(b) LIEAP funds are used to provide pamphlets, posters, and public service announcements for conducting outreach activities.
(a) Crisis intervention is designed to remove a life or health threatening situation, relating to a heat loss emergency.
(b) To receive crisis intervention an applicant shall be certified eligible for LIEAP benefits. Crisis applications are processed as priority on an expedited basis.
(c) DFS reserves a percentage of LIEAP funds for energy crisis intervention as specified in the LIEAP State Plan.
(d) A household is required to provide documentation showing an effort has been made by the applicant and/or recipient to pay a percentage of their income towards their utility bills.
(e) Applicants and/or recipients must submit disconnect notices to be considered for back bill LIEAP crisis assistance.
(a) Funds are provided to the Weatherization Assistance Program for the purpose of low cost residential weatherization or other energy related home repairs for low-income households as specified in the State Plan.
(b) LIEAP funds allotted to Wyoming for Weatherization shall meet the standards set forth in W.S. 42-2-501 and as specified in the State Plan except as authorized by waiver from the federal LIEAP administrators.
(c) Weatherization shall winterize approved applicants homes who are seasonal residents or eligible applicants residing outside of Wyoming for medical reason and when documented by the applicants physician.
(a) Decisions regarding the distribution of LIEAP Emergency Contingency Funds shall be made by a committee of LIEAP program staff, DFS program managers and DFS management.
(a) Reports of possible waste, fraud or abuse by applicants, recipients, vendors, and administering agencies will be referred for investigation and appropriate action to DFS’ Fraud and Recovery Unit of the Financial Services Division.