Wyo. Code R. 049-0024-1
Effective Date: 11/16/1993 to 06/16/1997
Rule Type: Superceded Rules & Regulations
Reference Number: 049.0024.1.11161993
Date Filed 11/16/93 Expr Date Supr Date Repeal Date Document Type RULES
Section 1. Authority. The Self-Sufficiency Division, within the Department of Family Services, is authorized under the Public Assistance and Social Services Act, Wyoming Statutes (1977) 42-2-103 (b)(viii); Wyoming Statutes (1977) 9-2-106 and the Wyoming Administrative Procedure Act, 16-3-102, et seq. to promulgate rules and regulations to be used by the Director in the discharge of its functions.
(a) 'Adjusted Benefit' is the entitlement minus the withheld amount.
(b) 'Adult' is a person age 19 or over.
(c) 'AFDC' is Aid to Families with Dependent Children
(d) 'Applicant' is a person who expresses a desire, verbally or in writing, to make application for assistance. This may be done by the person or an authorized representative.
(e) 'Application' is the action by which an applicant or an authorized representative indicates in writing on a prescribed form a desire to receive assistance.
(f) 'Application Date' is the date that a complete and signed application is received and date stamped in the DFS field office.
(g) 'Assistance Unit' is an individual or group of individuals living in the same housing unit requesting or receiving assistance for the cost of home heating energy.
(h) 'Authorized Representative' is a person acting on behalf of an assistance unit member as authorized by the assistance unit member in writing that designates the representative to do so.
(i) 'Available' - for resources, is the condition of having unrestricted access to convert property to cash which can be used for the needs of the assistance unit. For income, it is the condition of having access to the income which can be used for the needs of the assistance unit.
(j) 'Case File' is a folder containing documents relating to an assistance unit's application for program benefits.
(k) 'Certifying Office' is where applications for LIEAP are accepted and processed.
(l) 'Child Support' is the voluntary or court ordered payment made by an absent parent for the purpose of meeting the needs of the son or daughter.
(m) 'Circumstance' is each of the factors of eligibility.
(n) 'Commercial' Rooming/Boarding House is a business that rents rooms to the public for a taxable profit and advertises the availability of such rooms by a publicly displayed sign or by paid advertisement. Boarders and roomers are eligible if vulnerable.
(o) 'Crisis Intervention' is a life or health threatening situation, other than a heat loss emergency, resulting from weather.
(p) 'Date Stamped' is the date on which the application is received and stamped with the date.
(q) 'Disabled' is a condition of blindness, temporary or permanent physical or mental incompetency preventing an individual from working for more than 90 days at the usual and customary occupation.
(r) 'Documentation' - the act of entering the proof or statement of proof and the basis for decision in the case file with a copy of the record or by recording the circumstances on a form or in the case narrative.
(s) 'Dormitory' is a state or privately operated group living facility, other than married student/family housing, provided for students by educational or vocational institutions.
(t) 'DFS' - Department of Family Services inclusive of the State and field offices.
(u) 'DVR' is the Division of Vocational Rehabilitation within the Department of Employment.
(v) 'Earned Income' is a payment received in cash or in-kind for wages, salaries, tips, or commissions as an employee or net profit from activities in which the individual is engaged as self-employed. It is the total earnings before any deductions.
(w) 'Eligibility Factor' is a specified condition that an applicant must meet in order to qualify or be entitled to receive assistance.
(x) 'Entitlement' is the budgeted maximum benefit an assistance unit qualifies to receive based on income, assistance unit size and fuel cost.
(v) 'Entitlement Fraction' is the percentage of fuel cost the assistance unit is entitled to receive.
(z) 'EPICS' - the Eligibility Payment Information Computer System.
(aa) 'Equity Value' is the current market value less any legal debts (such as mortgages, loans, penalties, cost of sale, etc.) against the property.
(bb) 'Exempt' is a category of income, resources or circumstances that is set aside or free from the program policy or limits or not counted.
(cc) 'Fuel Type/Home Heating Fuel' is the main source or type of energy used to heat the home. Principal fuel types are natural gas, electricity, liquid petroleum (propane), coal and wood. Classify any other fuel type as natural gas.
(dd) 'Gross Income' - the total money the person is entitled to receive, prior to any deductions, such as Social Security, withholding tax, etc.
(ee) 'Heat Loss Emergency' is a situation which threatens the life and/or health of assistance unit members due to loss of heat by an impending or actual fuel shutoff, by lack of funds for fuel connection/delivery or for rent/rental deposit on heating equipment.
(ff) 'Home Energy' is the source of heating in residential dwellings.
(gg) 'Homebound' describes an applicant who is unable to come to the office due to a medical condition, extreme rural location of residence, and/or lacking transportation.
(hh) 'Household' is any individual or group of individuals living together as one income unit for whom residential energy is customarily purchased in common or who makes undesignated payments for energy in the form of rent. Do not consider an individual or group of individuals in hotel and motel as a household unit.
(ii) 'Identification' is proof that a person(s) exists and of the person's claimed identity.
(jj) 'Income' is all nonexempt money received annually from any source including, but not limited to, earned income, self-employment, Workers' or Unemployment Compensation, child support, Social Security, interest payments or other unearned income.
(kk) 'LIEAP' is Low Income Energy Assistance Program.
(ll) 'Income Standard' is the maximum income allowed for an assistance unit to qualify for LIEAP adjusted by the number of persons in the assistance unit.
(mm) 'Legalized Aliens' are individuals who have been granted lawful temporary resident status under Section 245A, 210 or 210A of the Immigration Reform and Control Act of 1986.
(nn) 'Master File Printout' is the computer listing that details assistance unit demographic and benefit data.
(oo) 'Net Profit' is the gross receipts less the current business expenses.
(pp) 'Non-cooperation' is the act of refusing to work with another or others to accomplish a common end or specified goal.
(qq) 'Nonexempt' (countable) is a category of income or resources to be used or to which the program policy and limits are to be applied.
(rr) 'Notice Of Action' is a written statement which informs the applicant/recipient of the action to be taken in the manner of payment, the amount of payment and/or the period of eligibility, the reason and specific manual reference supporting the action, the date the action will occur and a statement of the person's right to request a hearing.
(ss) 'OSHA' is the Occupational Safety and Health Administration.
(tt) 'Outreach' is the process of informing the public of the program.
(uu) 'Overpayment' is financial assistance payment received by or for an assistance unit for the payment month which exceeds the amount for which that unit was eligible.
(vv) 'Payee' is the vendor or person to whom the grant is issued.
(ww) 'Primary Fuel' describes the major fuel that heats the assistance unit.
(xx) 'Prorated Net Self-Employment Income' is the gross income for the 12 months prior to the month of application from a business or from income property minus the operating costs excluding depreciation and payments on principal amount of mortgages as determined from business or tax records. Prorate the net amount by dividing by 12 or if the business has operated for less than one year, divide by the number of months of operation.
(yy) 'Recipient' is one who receives LIEAP benefits.
(zz) 'Recouped Adjusted Benefits' is the adjusted benefit minus the overpayment.
(aaa) 'Representative' is legal counsel, relative, friend, Pastor or other spokesperson.
(bbb) 'Secondary Evidence' is a document or record of declaration of fact by individuals or institutions who have no responsibility to establish the fact.
(ccc) 'Secondary Fuel' supplies the energy to assist the major fuel supply to produce heat.
(ddd) 'Social Security' is the benefit which the Social Security Administration pays under Title II of the Social Security Act.
(eee) 'Social Security Number' is the number assigned to each person who applies for one with the Social Security Administration and is used to accumulate work history and contributions.
(fff) 'State Payroll' is a method of generating payments by state warrant to an assistance unit by computer.
(ggg) 'State Plan' is the federally required plan of operation that the state adopts yearly to govern its implementation of the Low Income Energy Assistance Program.
(hhh) 'Student' is a person enrolled in a college level educational or vocational institution.
(iii) 'Substitute Number' is a nine digit number established as follows: first two digits are the county numbers from Table III, Chapter 3000, of the Public Assistance Manual; next four digits are the Public Assistance Worker's (PAW) position number from Table IV, and last three digits are assigned by the PAW beginning with 000 through 999.
(jjj) 'Supplemental Security Income' (SSI) is a program funded under Title XVI of the Social Security Act.
(kkk) 'Ten Day Notice Period' is the 10 days immediately following the day of the action.
(lll) 'Vendor Payment' is a method of generating a direct payment to a fuel supplier in behalf of an assistance unit.
(mmm) 'Veteran's Disability Benefit' is the benefit which the Veterans Administration pays to veterans, their spouse and dependents for a service-connected disability.
(nnn) 'Verification' is information or documents which prove a statement to be true.
(ooo) 'Vulnerability' is a condition requiring an assistance unit to meet the cost of home heating energy.
(ppp) 'Warrant' is the written document (or check) which authorizes the State of Wyoming to pay the stated amount to the specified person or vendor.
(qqq) 'WIC' is the Women, Infants and Children Program that provides assistance with specified food for pregnant women, infants and children who meet all eligibility requirements.
Section 3. Application Process. The following process is used when an applicant makes a request for assistance:
(a) An application shall be provided or mailed to an applicant upon request.
(i) Applications will be available in 26 full or part-time certifying offices.
(b) Completed and signed applications will be accepted and date stamped. Applications will only be received from the first working day of November through the last working day of March.
(c) Applicants, or their representatives, may be interviewed for further verification.
(i) If eligibility for a homebound applicant can be determined, the interview may be waived.
(ii) All applicants shall be informed of their rights and responsibilities as specified in Sections 4 and 5 of these rules.
(d) Each assistance unit must file a separate application.
(e) Each applicant has the right to ask for and obtain assistance from LIEAP in completing the application, in understanding the notices and forms, and in obtaining any information necessary to complete the forms.
(i) Bilingual staff or volunteers will be used to provide interpretation when needed.
(ii) Homebound applicants requiring assistance in completing the application shall receive said assistance in their homes through a personal interview, telephone interview, or by an interview with an authorized representative.
(f) A decision on the application will be made within 45 days of the date stamped on the application.
(i) If the applicant is eligible, the application will be approved.
(ii) If the applicant is ineligible, fails to cooperate, withdraws the application, dies or cannot be located, the application will be denied.
(g) Any action taken by DFS with regard to an application for LIEAP shall be documented on the application by stating the reason(s) for said agency action. The applications shall be placed in the appropriate case file.
Section 4. Applicant's Rights. These procedures are followed in order to provide applicants the opportunity to exercise their rights:
(a) Applicants are allowed to apply for Energy Assistance without delay.
(b) Applicants may be accompanied or represented by a person or persons of their choice.
(c) All applications and any other personal information that can identify the applicant will be kept confidential and will not be disclosed except as 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.
(d) DFS shall inform applicants about:
(i) LIEAP eligibility factors;
(ii) The purpose for which the energy assistance is provided;
(iii) The length of time the LIEAP is available;
(iv) Any action taken on the application within 45 days of the date stamped on the application.
(v) Other programs through which other assistance may be available;
(vi) Ones rights and responsibilities as an applicant or recipient; and
(vii) 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.
(e) Energy assistance for eligible assistance units will be made within 45 days after an application is approved.
(f) Any applicant who is declared ineligible will be granted an administrative fair hearing upon request, when:
(i) The application is denied, or
(ii) The application is not acted upon within 45 days of the date stamped on the application.
(g) All administrative hearings shall be in accordance with the 'Procedures for the Conduct of Contested Case Hearings' duly promulgated by the Department and on file with the Secretary of State.
(i) An informal conference between the local program manager and applicant to resolve the issue will be held within three(3)working days of an applicants request for a hearing. At the applicant's option, a request for a formal hearing may be submitted following the informal conference.
(ii) A request for a hearing may be denied or dismissed when it has been withdrawn by the applicant in writing; when:
(A) The issue is one of State or Federal law or policy change in State or Federal law.
(B) Incorrect eligibility factors.
(C) Lack of action.
(D) An applicant abandons the claim without scheduled hearing.
(iii) Hearings will be conducted in accordance with these standards:
(A) Hearings may either be held by telephone or in person at the applicants request in a location convenient to the applicant;
(B) Opportunity to review pertinent information from the case file will be afforded to the claimant;
(C) The hearing officer will be a disinterested individual who is not involved in the decision being appealed;
(D) Rights guaranteed the claimant are:
(I) A representative may accompany the claimant to the hearing.
(II) The applicant may present oral and written statements and other evidence;
(III) Witnesses may be subpoenaed;
(IV) Witnesses may be cross-examined;
(V) An interpreter may be present, if needed.
(E) Testimony will be given under oath.
(iv) The hearing will be recorded. The final agency hearing decision will be made by the State DFS Director, or designee, after reviewing the proposed findings of fact and conclusions of law of the hearing officer. The hearing officer's recommendations must be based on evidence and other material introduced at the hearing and on applicable State and Federal laws and regulations.
(v) The fair hearing will be conducted within 90 days of an applicants request for a fair hearing and a fair hearing decision will be made and notice given to the applicant within 90 days following said fair hearing.
(vi) To insure that funds are available to pay the applicant if the appeal is successful, the amount in question will be encumbered at the time of the request. When a final agency decision is made, the funds will either be paid in behalf of the applicant's household or revert back to the program, whichever is appropriate.
(h) Any recipient of LIEAP benefits does not have to count the benefits as income or resources for any purpose under any Federal or State law, including any law relating to taxation, food stamps, public assistance or welfare programs.
(a) An applicant must provide an application in the manner and form prescribed by DFS. The application must be:
(i) Dated;
(ii) Completed;
(iii) Signed, under penalty of perjury, by the applicant or the applicant's representative and all other adults in the assistance unit or an authorized representative.
(b) An applicant is responsible for cooperating with DFS in the process of determining eligibility by providing:
(i) Information essential to reach a decision on eligibility as defined within these rules;
(ii) Documents for required verification;
(iii) A signed and dated statement authorizing a person to represent the applicant or other adults in the assistance unit, if desired;
(iv) Notice to DFS or the LIEAP contractor of any change in circumstances that may affect eligibility or benefit amounts, such as income, resources, employment, need, eligible persons or living arrangements.
(a) The following persons or groups of persons are eligible if they meet all other eligibility factors as set forth in these rules:
(i) Any adult that currently lives in a household with one or more individuals and who is receiving benefits from AFDC, SSI, Food Stamps, Veteran and Survivors' Pension payments;
(ii) Only households with income which does not exceed the amount equal to 150 percent of the poverty level.
(iii) Renters, except for renters in motels and hotels with utilities included and the increased fuel costs are passed on to renter.
(iv) Eligible Indian households may apply for benefits in accordance with the State Plan.
(v) Consider any college student as eligible for LIEAP that meets the income, resources and vulnerability requirements. Employment is not an eligibility requirement.
(b) The following persons are not eligible:
(i) Person under age 19 living alone.
(ii) Persons currently on strike at the time of application.
(iii) Indian tribes, as a separate, funded organization.
(iv) Legalized aliens under the Immigration Reform and Control Act of 1986 are ineligible for LIEAP assistance for five years from date of application for legalization to receive federal financial assistance.
(c) Income eligibility will be based on annual income. All sources of ongoing income will be converted to an annual amount to be comparable with eligibility income levels, and for purposes of computing benefits, in the following manner.
(i) A household's current month's nonexempt gross income is considered the best indicator of the household's ability to pay their fuel costs. The income is annualized by multiplying current monthly income times 12; weekly income times 52 and bi-weekly income times 26.
Income Standard is adjusted annually. The income eligibility standards are within the 150% federal poverty level.
(ii) Exempt the following income:
(A) Earned income of a child less than 14 years old, or the earned income of children who are members of the assistance unit and who are students and are not yet 19 years old.
(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 the State DFS office.
(D) Gifts totaling $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 Indian Tribes 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 $30.00 for the budget month.
(J) All payments received under the Job Training Partnership Act (JTPA).
(K) All loans, grants and scholarships are exempted.
(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,
SSI, public assistance, Railroad Retirement benefits or other payments; lump-sum insurance settlements; 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 service projects as administered by Area Agencies on Aging.
(N) The principal amount received from sale of a resource, including contract for deed payments.
(O) Reimbursements for past or future expenses. To be exempt, payments must be provided for a specific expense, 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 of volunteers incurred in the course of their work.
(III) Medical or dependent care reimbursements.
(P) Payments received under Title II of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970.
(Q) Homestead Exemption Property Tax or Sales and Use Tax refunds by the State of Wyoming.
(R) Payments made on behalf of an assistance unit 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.
(S) Payments for services to volunteers serving as foster grandparents, senior health aides, or senior companions and to 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.
(T) Service-connected Veteran's disability benefits, so long as the annual disability total does not exceed the 100 percent Federal poverty level, including dependents and spouse benefits.
(U) Payments made to others on the household's behalf, provided that such payments were not directed by the household.
(iii) All court ordered child support paid by household members to persons not in the assistance unit shall be deducted.
(A) If any earnings/self-employment income is included in computing the household's annual gross income, the household qualifies for the deduction on the total income from all sources.
(B) Current employment is not a factor in qualifying for the deduction.
(d) Each adult in the household, and any authorized representative, will be required to have identification. Any person who verifies a statement by the applicant must also provide identification.
(i) Ask the applicant to provide a Social Security Number.
(A) Verify the Social Security Number.
(B) Assign a substitute number if the applicant does not have a Social Security Number or declines to provide a Social Security Number.
(e) All households must meet the following vulnerability requirements:
(i) Consider households who are currently responsible for and have paid or incurred costs for at least 30 days worth of any of the following within the 90 days prior to the date of application as vulnerable:
(A) Home heating fuel costs billed directly by the fuel supplier.
(B) Prorated home heating fuel costs.
(C) Unsubsidized rent which includes an undesignated portion for home heating fuel costs.
(D) Subsidized rent which includes an undesignated portion for home heating fuel costs and which can be raised to meet increased heating costs.
(ii) Consider assistance units residing in the following as not vulnerable:
(A) Dormitories.
(B) Foster homes, public or private institu tions, rehabilitation facilities or group homes, when living costs are subsidized in whole or in part by the State, local governments, or private organizations.
(C) Nursing homes.
(D) Employer supplied housing which includes free or in-kind home heating fuel.
(E) Housing furnished or paid for by a non-assistance unit member when home heating fuel is included.
(F) Home heating fuel costs are paid by a person who is not an assistance unit member.
(f) Resources or assets, such as but not limited to, cars, household or personal belongings, bank accounts or real estate are to be considered in determining eligibility. Income received from resources and assets, such as interest from savings accounts, and monies from rentals will be considered.
(i) No household will be eligible to receive fuel assistance that has nonexempt real and personal property or resources that exceed an equity value of $4,500 per household. The equity of all resources are considered available to the household unless exempt or the household can demonstrate that the resource is not available.
(ii) The equity in real property held by any member of the household is included in the determination of the household's total resources available unless the real property is producing income. The following real property is exempt:
(A) The household's primary residence, defined as a home which is owned and occupied by a family as its main place of residence. The primary residence is not subject to any value limitation. Any form of living unit, if used by the family for living purposes, is considered a primary residence.
(B) A primary residence is further defined as including the land on which it is located.
(C) Real property that is being farmed, produces rent, or is otherwise operated as a business by the applicant household is exempt from the determination of resources. However, the income produced by this real property is included under the income limitations for eligibility.
(D) The face value of a contract for deed from the sale of real property. The interest income produced by the contract is included in the household's total income. The face value of a contract for deed is exempt from the determination of resources. However, the interest earned and the principal of the contract is included under the income limitations for eligibility.
(iii) The equity of all personal property such as clothing, household furnishings and cars for all members of the household is exempt.
(A) The term 'liquid resources' is defined as any resource which can readily be converted to cash and includes cash on hand, checking accounts, savings accounts, stocks, and bonds, except:
(I) The cash surrender and loan value of life insurance;
(II) Burial policies and burial plots.
(III) Pension plans as long as the money remains in the pension fund.
(IV) Savings resulting from the earned income and/or up to $250 in savings resulting from gifts of a dependent child under the age of 18 who is still in school.
(V) Loans for a business/farm current year operating expenses or an educational loan for the current academic year provided such loans are set aside in a separate account.
(a) Each eligibility factor shall be verified with at least one piece of evidence by the applicant.
(b) Assist the applicant or recipient, upon request, in obtaining the document(s) for verification, when the individual is or would have difficulty providing them.
(i) Income will be verified consistent with the rules used to verify income for AFDC. See Chapter I of the AFDC Rules and Regulations.)
(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 piece of evidence to the others to see if the information is consistent;
(ii) Assuring the date the evidence was created verified the factor and does not raise more questions;
(iii) Considering the reason why the document was created;
(iv) Examining the evidence to determine whether it has been tampered with or altered; and (v) Determining whether the evidence answers the issue in question.
(d) Require the applicant or recipient to provide the evidence necessary to verify the eligibility factors except:
(i) The verification of income is provided on the EPICS system for AFDC and Food Stamp recipients.
(ii) Where 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 agency will verify any other items on the application that affects the eligibility or benefit amounts when there is reason to doubt the assistance unit's statement, or when the factor is reported or known to have changed, or suspected to have changed.
(f) The agency will resolve any questions raised by the evidence before making the eligibility determination by requiring additional evidence or contacting a knowledgeable source.
(g) Verification of a heat loss emergency situation is needed prior to issuing a crisis payment.
(i) Require pending verification be furnished prior to authorizing payments by the state payroll method.
(ii) Deny the assistance unit if verification is not provided within application processing time frames.
(A) Request verification at the time of application.
(iii) Deny the application when eligibility cannot be determined because the applicant or recipient refuses to provide the requested evidence.
(h) Each eligibility factor will be documented showing how that factor was met.
(i) When a written or verbal statement of the evidence is obtained, document the case file as follows:
(A) The name of the person providing the information;
(B) The title of the person providing the information (when appropriate);
(C) The organization name;
(D) The date obtained;
(E) The type of document; (F) The date of the document; (G) The identification number of the document (if any); (H) The volume and page reference of public records (when appropriate); (I) The content of the document; and (J) The initials of the individual who verified the information and the date verified.
(ii) If the application is denied, document the reasons for denial.
(iii) The following table can be used as a guide for sources of information and means of documentation. This table should only be used as a guide and not as a complete list of the ways to document particular items.
ITEM
SOURCE
DOCUMENTATION Identification
Social Security Card
Birth certificate
Driver's license
Credit cards
Passport
School record
Agency Knowledge
Photocopy Notation of name, number and source.
Income
Wage stubs
Employment Security
printout
Collateral contact with
assistance unit's
agreement
Public Assistance case
files.
Copy of Source
or
Descriptive explanation of source used.
Student
Employment
Wages stubs, etc. See income source (See Income Source) School records Employer records Employee records Vulnerability Shut-off notice Eviction notice Utility bill/ receipt/company Rent receipt Statement from landlord County Assessor proper- ty records City Directory Photocopy Descriptive explanation, copy of source, dated and signed written statement.
Section 8. Budgeting. Payments to eligible households are determined as follows:
(a) The fuel cost standards table will be used to determine household benefits. The table provides the average cost of home energy in the state by type of fuel.
(b) The average low income usage of natural gas, electricity, fuel oil, propane, coal and wood for eight months, in cubic feet, kilowatts, cords, tons and gallons, according to fuel type. The figure was obtained from fuel providers and Public Service Commission personnel and is a reasonable average.
(i) The fuel cost standard is determined by the Wyoming Utility Rate Book provided by the Public Service Commission. The cost of usage is based according to the average and rates charged by fuel suppliers. Calculations are based on electric rates as the highest fuel cost.
(c) Payment is based on entitlement, computed according to the following formula: (Formula components include income as it relates to the income standards and fuel cost.)
(i) The benefit computation formula is as follows:
(A) Round the monthly income to the nearest dollar.
(B) Divide the monthly income by the income standard for the assistance unit size (Table I). The resulting decimal fraction is the reference fraction.
(C) If the third digit to the right of the decimal point is 4 or less round down by dropping; if the digit is 5 or above round the second digit up by adding 1. (ex: .45491=.45, .45631=.46) Except when the reference fraction is .995 to .999 round to .99 and pay the minimum benefit.
(D) Then the reference fraction is subtracted from one (1.00). The difference, entitlement fraction, represents what percentage of the income standard that is not available to the household. It is assumed that as the household reaches the standard it has more income available.
(E) The entitlement fraction is then multiplied by the fuel cost. The product, entitlement base, is the amount of cash assistance the household is entitled to. The minimum entitlement is $75; the maximum entitlement, funds permitting, is $453.
(i) Refer to the payment table for the assistance unit's entitlement, withheld benefit, adjusted benefit and payment amounts.
(F) Once the entitlement base is determined, it is divided by four. Then 25 percent is subtracted from the entitlement base to be withheld. The balance, adjusted benefit, is paid to the household in monthly installments of 25 percent of the entitlement base.
(d) Renters are considered to pay the same heating costs as other households; therefore, they will receive assistance based on the standard benefit formula.
(a) Direct vendor payments will be administered in such a way as to provide for efficient and timely receipt of benefits by applicant households. The state confirms that the highest level of assistance will be furnished to those households which have the lowest incomes, taking into account family size.
(b) A vendor payment will be issued through the state payroll within 45 days of application approval.
(c) All case information will be submitted to the State DFS office no later than noon of the last working day of the month.
(d) Regular state payroll payments will begin on the 10th day of the following month.
(e) Any payment adjustments will be corrected by adding or subtracting the amount in error from one or more of any payments not yet made.
(i) Benefits over and above the actual primary fuel costs for the period December 1 through June 30 must be refunded to DFS.
(ii) Do not authorize state payroll payments of less than $10.00.
(iii) Submit a case information document detailing the error, corrected entitlement, previous payments, and corrected remaining payments.
(iv) Report payment errors as overpayments only when a correction cannot be made and the assistance unit has received more than the adjusted benefit amount.
(A) Submit a case information document as above.
(B) Enter the total amount overpaid on the case information document.
(C) Follow the Overpayment/Recovery program policy, completing required forms.
(f) DFS will pay vendor payments to the fuel supplier in behalf of applicant.
(i) DFS will pay 75 percent of the entitled amounts as the regular benefit level in three monthly payments. The balance, 25 percent, will be withheld and may be paid to certified households if sufficient funds are available.
(ii) If the LIEAP funds remaining after payment of all regular benefits are insufficient to pay each eligible household a 25 percent of entitlement residual payment, the percentage of the withheld amount may be ratably reduced to a lower level for all households.
DFS retains the option of contributing all or any part of such withheld benefits to the funds held available for the following fiscal year.
(g) The withheld amount is considered for the assistance unit entitlement only if a mass payment of the withheld amount, or a percentage thereof, is authorized by DFS.
(i) DFS shall adjust the withheld amount when program entitlement funds are changed.
(h) LIEAP overpayments for a previous year will be recovered from a recipient's current adjusted benefit.
(i) Subtract the previous year's overpayment amount from the current adjusted benefit prior to issuing any payment to the assistance unit.
(ii) Submit a case information document with the recovered amount.
(i) Any adult applicant will be considered the payee:
(i) Upon a written request, signed by each adult in the assistance unit, a change can be made in the payee, or
(ii) Upon confirmation that the payee is deceased or will be out of state when the warrants are issued, a change can be made in the payee.
(j) All applicants will be advised that all benefits are paid through the WIN system to fuel suppliers and are issued on State of Wyoming warrants.
(k) No warrants will be forwarded or sent to addresses out of the state, except for Wyoming residents who normally receive their mail at a bordering state post office.
(l) If a vendor reports that a state warrant was not received, use the following procedure:
(i) Check the warrant list to determine if a warrant was actually issued.
(ii) Check warrants returned by the postal service.
(iii) Forward an Indemnity Agreement signed by the payee after allowing ten days from the date on the warrant list for delivery.
(iv) Do not request replacement of a warrant if more than one year has elapsed since the original was issued.
(v) Explain the requirement to return the two party warrant if found.
(vi) Advise the payee that a stop payment will be placed on the original warrant and the state will return it unpaid to the last endorser.
(vii) Advise the payee to expect one of the following in ten days:
(A) A replacement warrant if the original has not been cashed.
(B) A copy of the warrant and endorsement if the original has been cashed.
(m) Replacement of warrants will be issued if the original warrant was issued within the past year and later canceled provided the fuel supplier is approved by DFS for a replacement warrant.
(i) Replacement warrants for a forged warrant will be received by the payee within ten days following determination that the warrant was forged.
(n) All state warrants will be considered valid for one year from the issuance date.
Section 10. Notification.
(a) All applicants will be notified in writing within 45 days of the application date of any action taken.
(i) Include in the notice of approval:
(A) The monthly payment amount; (B) The time period the assistance unit will receive payment; (C) The date of the initial payment.
(ii) Notify applicants denied energy assistance of:
(A) The reason for denial and manual reference; (B) The availability of a fair hearing and how to request a hearing.
(b) Applicants approved for participation in the program will be notified in writing of any change in the amount of the assistance 10 days prior to the action.
(c) Applicants approved for participation in the program will be notified, pursuant to Overpayment/Recovery procedures, of any overpayment.
(d) Applicants will be given 10 days from the time of notice of denial or 10 days from the time the 45 day period of processing elapsed to request a hearing.
Section 11. Outreach.
(a) The State will conduct outreach activities to make potentially eligible households aware of home energy assistance.
(b) The purpose of the outreach program is to reach the following target groups with information about LIEAP, energy related assistance and energy conservation:
(i) Persons most vulnerable to high energy costs and to health related effects of cold - these include the elderly, infirm and the handicapped;
(ii) Households living in rural areas:
(iii) Those people with the lowest incomes and highest fuel costs;
(iv) Those people who lack communication skills and those lacking English speaking proficiency.
(c) Some required functions of outreach are to:
(i) Disseminate information about energy assistance, weatherization and energy conservation to client groups and other organizations. The development of target group information and referral networks is a priority.
(ii) Recruit and assist in training volunteers and employees of interested organizations to find and refer potential applicants to LIEAP and Weatherization and to spread information on energy conservation to their client contacts. Emphasis will be placed on volunteer work at the community and neighborhood level.
(iii) Serve as a source of public information by speaking to community leaders, local government officials and nonprofit organizations in communities throughout the state.
(iv) Assist in developing and/or participate in news or information media activities at the state level. These efforts must be coordinated with DFS. Extra work will be done locally to announce the beginning and ending of application intake.
(v) Design and produce pamphlets and posters, then distribute to DFS field offices and make available to other agencies throughout the program year.
(vi) Produce public service announcements. Emphasis in distributing announcements will be placed on major population centers.
(vii) Conduct a press conference through the DFS administrator's office, if there is media interest.
(viii) Provide information on program participation monthly to certifying offices and, if appropriate, to the public media.
(ix) Transmit information on energy assistance benefits, application requirements and payment procedures to major home energy suppliers. If possible, hold area conferences to develop fuel providers as referral sources, especially for households subject to discontinuance of service.
(x) Notify prior LIEAP beneficiaries, recipients of AFDC, and food stamps.
(xi) Train certifiers and outreach volunteers on outreach methods and on availability of other energy related assistance and conservation programs.
(xii) Review local outreach and promote input and communication by certifying agents to achieve full public awareness and participation through the coordinated efforts of DFS. Program specialists and contractor will review the referral process and follow-up by certifiers.
(d) The LIEAP program consultant will coordinate outreach activities.
(e) Certifying offices are to cooperate fully in these activities. Local contract workers must initiate media events to publicize the program.
(a) The State shall reserve $160,000 for energy crisis intervention. Reserve funds not expended or obligated to households will be used for heating assistance to eligible households, administrative costs or be held available for the following fiscal year.
(b) Funds will be provided for the purpose of low cost residential weatherization or other energy related home repair for low income households as provided by these rules and the LIEAP State Plan.
(i) Any such use will not exceed 15 percent of the funds allotted to Wyoming.
(ii) Crisis intervention funds will be available for emergencies of an unexpected, sudden or uncontrollable nature. These will include events such as an actual shutoff, a blizzard, flood, tornado or an act of war or vandalism.
(A) To qualify for intervention, the emergency must be life or health threatening, resulting from excessive variation in temperature, unusual or medically determined harmful exposure to low or high indoor heat level or from destruction, curtailment or interference with the source or method of heating or cooling.
(I) The emergency can occur within the household's dwelling or relate to the household's access to or maintenance of the heating or fuel supply.
(II) A life or health threatening emergency, as qualified above, exists when a person's life or health is endangered if the situation is not corrected.
(III) Included are situations where local fire and/or health codes are not met for the household's dwelling due to weather related or supply shortage conditions.
(c) Households may apply for a crisis intervention payment to supplement regular LIEAP benefits from the first working day of November through the last working day of March.
(i) The household must apply for LIEAP heating assistance prior to applying for Crisis Intervention.
(ii) Requirements are households provide evidence of their 'efforts' to pay their utility bills. Eligibility requirement is that households either must have made in the preceding 90 days, payments on their utility bills of 10 percent of their income, zero income would have to pay $10. If minimum payment is insufficient to alleviate the crisis, no payment is made.
(iii) Applicants must cooperate in establishing the minimum amount needed to avert the crisis and are responsible for furnishing independent actual billing from the company.
(d) Requests for crisis intervention assistance will be approved or denied within a 24-hour time period. Payment will be made payable to the and vendor.
(e) If the minimum amount required to avert the crisis is less than $10, no crisis intervention payment will be made. The maximum amount of crisis intervention assistance a household may receive during the program year is $400.