Wyo. Code R. 049-0024-1
Effective Date: 06/16/1997 to 09/09/2006
Rule Type: Superceded Rules & Regulations
Reference Number: 049.0024.1.06161997
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. 42-2-101 (a) (iii) and (viii). 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. Wyoming has traditionally referred to this program as the Low Income Energy Assistance Program (LIEAP).
Section 2. Purpose. These rules provide uniform procedures for the administration of the Low Income Energy Assistance Program. LIEAP is a 100% federally funded program designed to help citizens of low income pay for their home heating costs and resolve home heating emergencies.
(j) 'Case File' - a folder containing documents relating to a household.
(k) “Cash” - paper money, coins, checks, money orders or cashiers checks.
(bb) “Entitlement” - the maximum benefit for which a household qualifies. Income, household size and fuel cost are factors considered when figuring client’s entitlement.
“Entitlement Fraction”- the percentage of fuel cost the household is entitled to receive.
“EPICS” - the Eligibility Payment Information Computer System.
“Exempt” - a category of income, resources or circumstances not subject to program policy or limits and is not counted when determining eligibility.
(ff) “Foster Care, Title IV-E” - a financial assistance program under the Social Security Act for a child(ren) whose income and resources meet POWER guidelines and who is placed in a foster care facility approved by DFS.
(gg) “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.
“Gross Income” - the total money the person is entitled to receive prior to any deductions, such as Social Security, withholding tax, etc.
“Heat Loss Emergency” - a situation which threatens the life and/or the health of a household unit member due to loss of heat.
(jj) “Household” - any individual or group of individuals living together as one income unit for whom residential energy is customarily purchased in common. 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.
“Identification” - proof that a person(s) exists by means of Social Security card, drivers license, birth certificate etc.
(ll) “Illegal alien” - a foreign national who: 1) entered the U. S. without inspection or with fraudulent documentation; or 2) after entering legally as a nonimmigrant, violated status and remained in the U. S. without permission.
“Income” - the household’s total gross non-exempt money received from any source.
(nn) “Income Standard” - the maximum income allowed for a household to qualify for LIEAP, based on the Federal poverty guidelines according to the State Plan.
“Landlord” - the owner of an income producing dwelling.
“LIEAP” - the Low Income Energy Assistance Program.
“LIEAP Central Office - the office that certifies applications for the Low Income
(rr) 'Master File Printout' - the computer listing that details household benefit data.
(ss) 'Mail-in' - the process by which an applicant applies for LIEAP assistance.
(tt) '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.
(uu) 'Non-exempt (countable)' - a category of income to which the program policy and limits are to be applied.
(vv) '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 will occur and a statement of the person's right to request a hearing.
(ww) 'Outreach' - the process of informing the public of the program.
(xx) 'Overpayment' - a LIEAP payment received by the household which exceeds the benefit level for which that household was eligible.
(yy) 'Payee' - a vendor or landlord who receives the LIEAP benefits in behalf of an eligible recipient.
(zz) 'POWER' - Personal Opportunities with Employment Responsibilities program. (formerly AFDC).
(aaa) 'Primary Fuel Cost' - the primary source 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) 'Reapplication' - when a denied applicant has the right to make a second application.
(ddd) 'Recipient' - a person who is eligible for and receiving benefits.
(eee) 'Recouped Adjusted Benefits' - the adjusted benefit less the overpayment.
(fff) 'Representative' - legal counsel, relative, friend, interpreter or other spokesperson who may assist an applicant/recipient.
(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.
(iii) 'Self-employment' - an individual who is in business to make a profit.
(jjj) 'Social Security' - the benefit which the Social Security Administration pays.
Example: 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 are issued to a vendor in behalf of eligible households.
(mmm) 'State Plan' - the federally required plan of operation that the state adopts yearly to govern its implementation of the Low Income Energy Assistance Program.
(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 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 in 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 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) Whose primary fuel source is propane, heating oil, coal or wood; and those (ii) Who are elderly, disabled or a household with a child(ren) under six years old. (b) Payments to groups (i) and (ii) follow procedures described in the State Plan. (c) Potential clients, outside the above targeted groups, are mailed an application from the LIEAP central office when client requests by telephone. (d) Completed and signed applications are accepted and date stamped. (e) Applicants must provide photocopies of prescribed forms of identification, sources of income, student employment 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 days of receipt. One of the following three determinations shall be made: (i) Approved when the applicant is determined eligible; (ii) Denied when the applicant is ineligible or fails to cooperate; and (iii) Withdrawn at applicant's request and when client dies or cannot be located. (h) Within the same forty-five days of receipt of application, the client is notified of the determination made. The notice shall also advise the applicant of their right to request a fair hearing. (Notification is referred to as the "Notice of Action .")
Section 5. Applicant's Rights. These procedures are followed in order to provide applicants the opportunity to exercise their rights:
(a) Applicants have a right to receive an application for Energy Assistance by a phone 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 Wyoming Statutes and the Information Practice Rules of the Department which are on file with the Secretary of State. (c) Applicants shall be informed of the following: (i) Factors of LIEAP eligibility; (ii) Purpose for which energy assistance is provided;
(iii) Length of time LIEAP assistance is available; (iv) Requirement to process application within forty-five days of receipt; (v) Rights and responsibilities as an applicant/recipient; and
(vi) How and when a fair hearing may be requested in accordance with the “Procedures of Conduct of Contested Case Hearings,” as written by the Department and on file with the Secretary of State.
(d) Energy Assistance payments will be made within forty-five days of certification of eligibility after the first payment month as defined in the State Plan.
(e) Any applicant who is declared ineligible will be granted a hearing upon request, when:
(i) The application is denied;
(ii) The application is not acted upon within forty-five days of the date stamped on the application; or when
(iii) The client believes awarded benefit is inaccurate.
(f) A hearing shall be requested within ten days of notice of determination. Attempts will be made through phone conversations or in person with LIEAP central 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 central office manager shall refer the matter to the Department of Family Services, Ombudsman Division.
(a) An applicant must provide a completed application, that is legible, signed by all adults in the household and dated. Photocopies of identification documents for must be submitted with the application for verification.
(b) An applicant shall cooperate with DFS to determine eligibility and will provide:
(i) Photocopies of the following documents:
(A) Fuel bill and/or fuel consumption information;
(B) Two types of proof of identification and proof of relationship of children and spouse;
(C) Social Security Card for every member in the household;
(D) Proof of countable income;
(E) When claiming zero income, the client must provide documentation of status with Job Service. A written statement from a client’s physician shall document no income due to a temporary disability.
(F) Proof of physical address; and
(G) Lease agreement or rent receipt if the fuel bill is not in applicants’ name.
(ii) A signed and dated statement authorizing a person to represent an applicant or other adults in the assistance unit, if desired;
(iii) Notice to the LIEAP central office of any change in circumstances that may affect eligibility or benefit amounts, such as: address change, fuel supplier, fuel account number, income, employment, need, eligible persons or living arrangements; and
(iv) Written request for a hearing within ten days of receipt of eligibility notification.
(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 or more individuals and who is receiving benefits from POWER, Food Stamps, Veteran or Survivors’ Pension payments;
(ii) Households whose total income does not exceed the amount of the poverty level as specified in the State Plan;
(iii) Renters who can prove that rent is increased due to fuel cost being passed on to the renter; and
(iv) College students who meet the income and vulnerability requirements;
(v) Legal aliens;
(b) The following persons are not eligible:
(i) A person under the age of 18 living alone, unless head of household;
(ii) Persons on strike at the time of application;
(iii) Native America Tribes, as a separate, funded organization; and (iv) Residents, who do not reside in their Wyoming home in the winter months are not eligible for heating benefits. Seasonal residents may receive crisis intervention services. They must be determined eligible for LIEAP benefits. The application is forwarded to the Weatherization Assistance Program which may winterize the seasonal home.
(c) Income eligibility is based on the average monthly income.
(i) Monthly income is calculated using current consecutive nonexempt gross income from pay stubs. Details for calculations based on various pay periods are outlined in the LIEAP Policies and Procedures Manual.
(ii) The following sources of income are exempt:
(A) Earned income of a child(ren) under 14 years old or of a child(ren) in the household unit who is a full time student and is under the age of 18;
(B) The value of U.S. Department of Agriculture donated foods or the value of the Food Stamp Coupon allotment. The value of supplemental food assistance received under the Child Nutrition Act of 1966 including the WIC 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 $30 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 and including payments to members of the Arapaho and Shoshone Tribes on the Wind River Reservation;
(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 $30 for the budget month;
(J) All payments received under the Job Training Partnership Act (JTPA);
(K) All loans, grants and scholarships;
(L) Money received in the form of a lump some 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 benefits, so long as the monthly disability total does not exceed the 100 percent federal poverty level, including dependents and spouse benefits. 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.
(iii) The following sources of income shall be deducted:
(A) Court ordered child support paid on a monthly basis by an individual in the applicant household is deducted from earnings when figuring income eligibility; and (B) Child support paid to LIEAP household is considered countable income except for one time $50 deduction.
(d) Each adult in the household, and any authorized representative, will be required to provide photocopies of their identification verification. Any person who verifies a statement by the applicant must also provide a photocopy verifying his/her identity.
(e) All households must meet the following vulnerability requirements:
(i) Applicants are vulnerable when 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 30 days; and
(D) Landlords or co-signers who keep utility bills in their name for individually metered single or multiple-family rentals unit must furnish a photocopy of their utility bill along with the applicants application so the utility bill will be paid in behalf of the applicant to the fuel supplier.
(ii) Consider applicants as 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; and when
(F) Home heating fuel costs are paid by a person who is not a household unit member.
(f) Income received from interest earned on Contracts for Deed, IRAs, CDs, checking accounts, savings accounts or cashed savings bonds will be considered when the interest accrued exceeds $30 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) The equity of all personal property such as clothing, household furnishings and cars for all members of the household is exempt.
(iii) Income of an alien sponsor and his/her spouse must be deemed available 100% for determining LIEAP benefits.
(a) An applicant will provide photocopies of all documents related to determination of eligibility.
(b) LIEAP workers will assist the applicant/recipient, upon request, in obtaining the documents(s) when the individual is or would have difficulty providing them.
(c) The agency will 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 EPICS system for POWER, Food Stamp and Medical recipients; and
(ii) The verification is available within the agency in a prior case and the factor is not subject to change, such as a Social Security Number (SSN), date of birth, etc.
(e) The LIEAP central office will review all items on the application that pertain to eligibility or benefit amounts when there is reason to doubt the applicants statement or when a factor is reported and known or suspected to have changed.
(f) The LIEAP central office will 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 will 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 will be documented in the applicants case file. Documentation will include:
(ii) The sources listed below for identification, income, student employment and vulnerability are acceptable documents used by the LIEAP central office to determine the applicants eligibility for assistance. Photocopies of documents must accompany prospective applicant's application.
(A) Identification: Social Security Card, Birth certificate, Driver's license, Credit cards, Passport, Medical records, School records, EPICS.
(B) Income and Student Employment: Wage stubs; Award Letters for Social Security (SSA), Supplemental Security Income (SSI); Social Security Disability (SSD); Income Tax Returns; Aid for Dependent Children (AFDC); Strike benefits; Military Allotments; Bureau of Indian Affairs (BIA); General Assistance; Child Support; Veteran's Benefits (VA); Adjusted self-employment; Retirement Benefits; Pensions; Railroad Retirement; Unemployment Insurance; Workers Compensation; Dividends; Annuities; Alimony; Rental Income; Lease Income; Stipends (VA and/or BIA); Prizes (including Lottery) and Interest (derived from: Contract for Deed; IRA's; CD's; Cashed savings; bonds; checking accounts; savings account; etc.).
(C) Vulnerability: Shut off notice, utility bill for primary heat source, lease or rental agreement, statement from the landlord or a rent receipt.
Section 9. Payment Process. Payment determinations for eligible households are as follows:
(a) The fuel cost standard tables in the State Plan will be used to determine household benefits. The tables provide the average cost of home energy 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.
The fuel cost standard is determined from the Wyoming Utility Rate Book provided by the Public Service Commission. The cost of usage is based on the average rate charged by fuel suppliers. Calculations are based on the electric rate being the highest fuel cost.
(c) Payment is based on an entitlement as specified in the State Plan.
The reference fraction for benefits is computed as follows:
(A) Monthly income is rounded to the nearest dollar;
(B) Monthly income is divided by the income standard for the household units size, resulting in a decimal fraction, referred to as the reference fraction; and
(C) The reference fraction is figured to the third decimal position (.454) for rounding purposes. If third decimal position is 4 or less (.454) drop the 4 then leave the reference fraction at .45. If third decimal position is 5 or greater (.455) then round the reference fraction up to .46. Exception: If reference fraction falls in the range of .995 to .999 then round to .99 and the minimum benefit is paid;
(D) The reference fraction is then subtracted from 1.00. The difference is the entitlement fraction which represents what percentage of the income standard is not available to the household. It is assumed that as the household reaches the income standard, it has more income available; and
(E) The entitlement fraction is multiplied by the fuel cost resulting in the entitlement base. The entitlement base is the total amount of assistance for which a household is entitled. Once the entitlement base is determined, it is divided by four. The State withholds and retains one-fourth (25 percent) of the total entitlement and deducts it from the entitlement base and becomes the adjusted benefit. The adjusted benefit will be paid in behalf of the household to a fuel supplier or to a landlord who has recipients in a multifamily dwelling with one (1) meter. Landlords with recipients residing in units that have their own meters will be paid in behalf of the household to the fuel supplier.
(F) Refer to the State Plan for the recalculated payment schedules showing reference fractions, entitlement fractions, entitlement bases, withheld amounts, adjusted amount benefits and monthly payments. There is a fuel payment table in the State Plan for each fuel type showing minimum and maximum benefits.
(d) LIEAP or Crisis benefit computed to be less then $10 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.
(a) Payments are administered by LIEAP directly to the vendors to provide the most efficient and timely receipt of benefits for the recipients.
(b) Vendor payments are issued through the state WIN system at the beginning of each month in behalf of approved applicants throughout the LIEAP season as specified in the State Plan.
(c) Approved recipient information must be entered into the LIEAP payment system in a timely manner in order to meet the forty-five day processing limit.
(d) A Data Processing Work Order is submitted to Computer Operations of Information Technology Division requesting the pay run to be processed on the first working day of each month during the LIEAP season as specified in the State Plan and produce the interface and Certification for Payment report for the WIN system and provide the monthly reports needed for distribution.
Fuel suppliers receive a Remittance Advice listing recipients names, account numbers, locations, state ID number, LIEAP fuel supplier number and LIEAP benefit paid with the State warrant. This report is returned to the State on a monthly basis indicating the amount of the LIEAP benefit that was applied to the fuel cost. After the LIEAP season, vendors are responsible for returning excess funds to LIEAP.
(a) Adjustments to LIEAP benefits, such as a new fuel supplier, new fuel type, collection of overpayment, revising recipients income or worker error, are made through the LIEAP computer system where benefits will be automatically adjusted. A pay document is submitted for entry into the LIEAP computer system. A Notice of Action is sent to the recipient explaining the corrective action and a copy is retained in the recipient's file. Exception: If recipient has received all of his payments, a pay document is submitted to the LIEAP central office for vouchering, provided recipient is due funds after the adjustment was made. Otherwise, the computer system will 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 is done:
(A) The original fuel supplier is notified of recipient's change of supplier. The original supplier must refund any excess benefit within thirty days of final reading.
(B) When 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 must have the refunded benefit from the original fuel supplier before benefit transfer is processed.
(ii) When vendors remit lump-sum refunds, they submit a list of client names, amount of refund and the State ID number.
(b) LIEAP overpayments from a previous year(s) are 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 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 must be certified eligible for LIEAP benefits. Crisis applications are processed on an expedited basis.
(c) The State reserves a percentage of LIEAP funds for energy crisis intervention as specified in the State Plan.
(d) A household is required to provide documentation showing an effort has been made by the applicant to pay a percentage of their income towards their utility bills.
(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 will not exceed 15 percent, as specified in the State Plan except as authorized by waiver from the federal LIEAP administrators.
(c) Weatherization will 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 will be made by a committee of LIEAP program staff, DFS consultants/management and representatives of the Public Service Commission.