(1) Disclosing information about applicants for or recipients of low income home energy assistance is restricted to purposes directly connected with the administration of such aid. Such purposes include establishing eligibility, determining amount of assistance, and providing benefits to or on behalf of applicants and recipients.

(a) Proper requests for information from a government authority, a court, or a law enforcement agency will be honored and the information released along with a notification of the confidentiality of the information and the penalty for misuse of such information.

(b) Whenever possible, the department will attempt to obtain prior consent from the applicant or recipient to release information about the applicant or recipient. Notification will be provided after release of information in the following situations: emergency situations; cases where the information is released for legal and investigative actions concerning fraud; collection of support, and third party medical recovery. 

(1) The department will contract with appropriate community-based organizations in the state to provide outreach and to receive and process applications for the low income home energy assistance and weatherization programs.

(a) In providing outreach, the local contractor performs specified activities designed to inform all potentially eligible households in the contract area of the existence of and the benefits available under the low income home energy assistance program.

(b) In receiving and processing applications, the local contractor determines household eligibility and benefit award under the rules contained in this chapter. An application for low income home energy assistance may also constitute an application for weatherization.

(2) It is the responsibility of the department through the local contractor to inform every applicant/recipient in writing at the time of application and at the time any action affects his benefits of the right to request a fair hearing.

(1) The Office of Inspector General, Program Compliance Bureau (PCB), has the power and duty to:

(a) investigate matters relating to LIHEAP including applications, awards of benefits, and information received relating to an application;

(b) determine, based on the evidence gathered, whether an overpayment of benefits has occurred; and

(c) determine whether the overpayment was due to:

(i) a false or misleading statement or a misrepresentation, concealment, or withholding of facts; or

(ii) any other action intended to mislead, misrepresent, conceal, or withhold facts.

(2) Local contractors must make reports of possible overpayments or fraud to the Department of Public Health and Human Services, Human and Community Services Division (HCSD), P.O. Box 202956, Helena, MT 59620-2956. HCSD will review cases to determine whether to make a referral to the PCB. The PCB may refer the matter to the Montana Department of Justice or the county attorney of the county in which the person resides for further action. 

(1) A person who knowingly obtains LIHEAP benefits to which he or she is not entitled by means of a purposely or knowingly false statement, representation, impersonation, or other fraudulent device is guilty of theft as provided in 45-6-301, MCA, and is ineligible for assistance for the entire current heating season.

(2) Resale or transfer of benefits to another person is expressly prohibited.

(3) Fuel vendors may not retain benefits of households who have discontinued service.

(4) Fuel assistance will not be granted to a person who has deprived himself or herself, directly or indirectly, of any resources for the purpose of qualifying for assistance. A person who has transferred resources or interest in resources within one year of application without receiving adequate consideration in money or money's worth will be presumed to have made such transfer for the purpose of qualifying for assistance.

(a) A person may submit evidence that he or she did not make the transfer of resources to qualify for LIHEAP benefits.

(b) It is the responsibility of the person to submit this evidence.

(1) When it is discovered that an administrative error resulted in an underpayment of LIHEAP benefits, it may be corrected by increasing the benefit award to cover the underpayment.

(a) For purposes of determining financial eligibility, such retroactive corrective payments will not be considered as income.

(2) Except as provided in (3), current and future program year payments of LIHEAP benefits will be reduced the full amount of prior overpayments, unless the administrative cost of recouping the overpayment would exceed the amount of such overpayment.

(3) When it is discovered that the local contractor caused an overpayment of LIHEAP benefits, at the sole discretion of the department, the local contractor may be required to repay the entire overpayment to the department, rather than the overpayment being withheld from the household's future payments.

This rule has been repealed.

(1) Except as provided in (4), a new application for LIHEAP benefits must be made for each new heating season and when a household moves to a different residence during the heating season.

(2) The application form may be submitted to the local contractor's office.

(3) An application for LIHEAP benefits must be filed during the heating season for which assistance is being sought, that is, between October 1 and April 30, except as provided in (4). If April 30 falls on a weekend or holiday observed by Montana state government, the local contractor must accept applications on the next business day after the weekend or holiday. However, at the option of the department, a household's application for certain types of deliverable heating fuel which are sold at lower prices during the summer months or for emergency services may be filed prior to October 1 of the heating season for which a household is seeking assistance. In the case of households who use other types of fuel and who are not seeking emergency services, the department may in its discretion accept applications prior to October 1.

(4) Publicly subsidized housing households whose energy costs are included as a fixed portion of their rent, or households that reside in publicly subsidized housing and have an obligation to pay a base-load electric bill, are not eligible for a regular LIHEAP benefit computed using the benefit matrices and multipliers in the LIHEAP Benefit Award Matrix and Table of Multipliers for the current heating season. However, these households are eligible for weatherization assistance as provided in ARM Title 37, chapter 71 and a modified LIHEAP benefit. The modified LIHEAP benefit is equal to five percent of the amount of a regular LIHEAP benefit computed using the benefit matrices and multipliers in ARM 37.70.601 or a minimum payment of $25, whichever is greater, paid to the household annually. Households determined eligible for the modified LIHEAP benefit whose economic and housing situation does not change are eligible for a period of five years.

(5) Households residing in publicly subsidized housing that move into nonsubsidized housing during the five-year eligibility period may reapply for a prorated benefit for the current heating season based on the household's new circumstances as provided in ARM 37.70.602. The household may file a new application for each subsequent heating season as long as the household lives in nonsubsidized housing, as provided in (1).

(6) Households residing in publicly subsidized housing that move to another publicly subsidized housing unit during the five-year eligibility period may file a new application for a modified LIHEAP benefit for another five-year period, which will run from the date of the new application, if the household's energy costs are included as a portion of its rent or if it has an obligation to pay a base-load electric bill.

(7) No household or any of its members will be discriminated against on the basis of race, color, religion, sex, culture, age, creed, marital status, physical or mental disability, political beliefs, or national origin. This includes discrimination which affects participation in LIHEAP and benefit amount.

(a) Each application for assistance will be promptly and thoroughly investigated by a staff member of the local contractor. If a case is picked for quality control review, the client must cooperate or be subject to reduced, suspended, or terminated benefits.

(1) The procedures for determining eligibility for LIHEAP benefits are as follows:

(a) The household files an application together with verification for determining financial eligibility and benefit award.

(b) After an application is filed, the local contractor may request any additional information or documentation needed to determine the household's eligibility, benefit amount, or both.

(c) If a household fails to provide information or documentation necessary for a determination of eligibility within 45 days of the date of the most recent request for additional information, the application will be denied.

(d) If an application is denied, the household may reapply for assistance.

(2) Eligibility requirements that must be verified include a social security number (SSN) for each household member and proof of U.S. citizenship, or proof of status as a qualified alien as defined in 8 U.S.C. § 1641(b). Other eligibility requirements that may be verified include:

(a) photo identification for each household member 18 years or older may be required if the SSN has not been verified;

(b) for members under age 18, a birth certificate will be accepted if the SSN has not been verified;

(c) current receipt of benefits under the Supplemental Nutrition Assistance Program (SNAP), supplemental security income, or cash assistance funded by temporary assistance for needy families (TANF);

(d) household income and resources;

(e) proof of lack of tax dependency status for household members enrolled at least half time in an institution of higher education;

(f) proof of the household's obligation to pay for the cost of heating its residence and type of primary heating fuel for the household's residence; and

(g) receipts to support paid eligible energy costs when a household seeks direct reimbursement for paid eligible energy costs as provided in ARM 37.70.607. Failure to provide receipts to the local contractor by June 20 or the end of the heating season, whichever is later, will result in forfeiture of any remaining benefits for that heating season.

(3) If the local contractor reasonably doubts the accuracy of information provided by the household, then the type of dwelling, number of bedrooms, primary heating fuel, and primary fuel vendor must also be verified.

(4) The local contractor may conduct an interview with household members in person or by telephone, if necessary, to determine eligibility. In cases where the local contractor considers an interview to be necessary and neither the local contractor's office nor a telephone is reasonably accessible to the household, the local contractor will conduct the interview at some place which is reasonably convenient for the household and the local contractor.

(5) After a household's eligibility and benefit amount have been determined by the local contractor, notice of the decision will be given to the household as provided in ARM 37.70.312.

(6) A household's eligibility and benefit amount will be determined based on the household's circumstances regarding the following on the date the application is filed:

(a) household income level;

(b) the household's dwelling type;

(c) the number of bedrooms in the dwelling;

(d) the dwelling's primary heating fuel;

(e) the heating district in which the dwelling is located;

(f) verification of the identities and citizenship or qualified alien status of those residing in the household; and

(g) the household's resources.

(7) Eligibility regarding income is based on the household's income for one month immediately preceding the month of application, which will be annualized by multiplying that figure by 12 to arrive at the household's annual income.

(8) The household has the burden of proving that it meets all requirements for eligibility.

(1) An individual who applies for low income home energy assistance will be notified in writing whether the application has been approved or denied and, if the application is approved, of the benefit amount. If the application is denied, the notice shall state the reason for denial. A notice approving or denying an application shall advise the applicant of the right to a fair hearing as provided in ARM 37.5.307.

(2) The local contractor may dispense with timely notice but must send adequate notice no later than the date of action in the following situations:

(a) recipient dies;

(b) recipient no longer wishes assistance;

(c) recipient admitted or committed to an institution;

(d) recipient fraudulently obtained benefits.

(1) "Annual gross income" means all nonexcluded income including wages, salaries, commissions, tips, profits, gifts, interest or dividends, retirement pay, workers' compensation, unemployment compensation, social security retirement and disability payments, supplemental security income payments, veterans administration payments, cash public assistance benefits such as temporary assistance for needy families or tribal, state, or county general relief, and capital gains received by the members of the household for one month immediately preceding the month of application, which will be annualized by multiplying that figure by 12.

(a) For households with self-employment income, annual gross income means gross receipts for one month immediately preceding the month of application minus self-employment deductions for the same time period, which will be annualized by multiplying that figure by 12. 

(2) "Applicant" means a person 18 years or older or an emancipated minor, applying for LIHEAP benefits for all eligible household members in the household at the time of application. The applicant does not need to be an eligible member of the household.

(3) "Base-load electric" costs are the costs represented in a utility company's bill for electricity that powers lights, plug-in appliances, and domestic water heating.

(4) "Child" means a person who is under age 18 and not emancipated.

(5) "Deliverable heating fuel" means heating fuel that can be delivered to the customer and stored for later use, for example: propane, fuel oil, kerosene, wood, or coal.

(6) "Disabled individual household" means a household in which at least one person who has been determined disabled based on the criteria for disability provided in Title II or Title XVI of the Social Security Act resides.

(7) "Elderly" means a person who is 60 years or older.

(8) "Eligible energy costs" means costs of the various types of energy supplied by the household's fuel vendors. Energy delivered by the household's fuel vendors prior to October 1 is ineligible for payment in the current heating season, except in the sole discretion of the department. Deliverable heating fuel charges incurred from July 1 through April 30 are eligible for payment in the current heating season. Eligible energy costs include tank rental and replacing valves on portable propane tanks, but not deposits or fuel tank set up costs.

(9) "Eligible household member" is any person who is a U.S. citizen or qualified alien and is a member of a household that meets the LIHEAP eligibility requirements.

(10) "Emancipated minor" is any person under the age of 18 who has been released from parental care or custody, and granted legal rights and responsibilities as provided in 41-1-401 or 41-1-503, MCA, or by order of a court having jurisdiction.

(11) "Federal fiscal year (FFY)" means the period from October 1 of one calendar year through September 30 of the next calendar year. For example, federal fiscal year 2023 means the period from October 1, 2022, through September 30, 2023.

(12) "Gross receipts" applies to households with income from self-employment and means all income before any deductions, including any nonexcluded income not from self-employment, which was received by members of the household one full month immediately preceding the month of application.

(13) "Heating season" means the period from October 1 to April 30. For example, the 2022 through 2023 heating season is the period from October 1, 2022, through April 30, 2023. The department may, in its sole discretion, extend the heating season beyond April 30. If the heating season is extended beyond April 30, LIHEAP benefits may be applied against energy costs incurred in the additional months of the heating season, but no applications for benefits may be filed after April 30 except as provided in ARM 37.70.305. If the department extends the end of the heating season beyond April 30, requests for reimbursement must be received by the local contractor no later than June 20 or the end of the heating season, whichever is later.

(14) "Household" means any individual or group of individuals who are living together as one economic unit for whom residential energy is customarily purchased together or who make undesignated payments for energy in the form of rent.

(a) Any foster child or foster adult who lives in the household at the time of application and for whom foster care payments are being made may be either included or excluded from the household. This option must be exercised by the household at the time of application and cannot be changed until a new application for the next heating season is made.

(b) An unborn child may not be counted as a member of the household.

(15) "Incurment" means that portion of a medically needy person's income that exceeds the medically needy income standard for the size of the household.

(16) "Ineligible household member" is a person who is not a U.S. citizen or qualified alien who is a member of a household that meets the LIHEAP eligibility requirements. An ineligible household member of legal age may apply for LIHEAP benefits on behalf of eligible household members.

(17) "In-kind income" means goods, services, or other nonmonetary benefits, including meals, clothing, housing, or produce.

(18) "Institution of higher education" means a college, university, or vocational or technical school at the post-high school level.

(19) "Licensed group-living situation" means a facility that is licensed by the department and in which housing is provided in a home-like setting on a long term or permanent basis to individuals or households, including community homes for persons with developmental disabilities licensed under 53-20-305, MCA. It does not include community homes for persons with severe physical disabilities licensed under 52-4-203, MCA, or youth care facilities licensed under 52-2-622, MCA, shelters for homeless or abused individuals, halfway houses, nursing homes or convalescent centers, or other residential treatment facilities which provide shelter in an institutional setting.

(20) "Life-threatening" means any of the conditions of emergency specified in ARM 37.70.901 that may cause death or severe permanent damage to the health of one or more household members.

(21) "Local contractor" means a community-based organization with which the department has contracted to provide outreach and to receive and process applications for LIHEAP and the weatherization assistance program.

(22) "Medically needy" means a person or family otherwise eligible for Montana Medicaid (medical assistance) but whose income exceeds medically needy income levels.

(23) "Member receiving supplemental security income (SSI), or temporary assistance for needy families  (TANF)-funded cash assistance" means any member of a household whose needs are included in the SSI, TANF-funded cash assistance, or any person whose income and resources are considered in determining eligibility for those programs.

(24) "Mobile home" means a singlewide or doublewide trailer, mobile home, or manufactured home.

(25) "Modified LIHEAP benefit" means the amount paid to eligible households who reside in publicly subsidized housing and whose energy costs are included as a fixed portion of their rent or who have an obligation to pay a base-load electric bill. The modified LIHEAP benefit is equal to five percent of the amount of a regular LIHEAP benefit computed using the benefit matrices and multipliers in the LIHEAP Benefit Award Matrix and Table of Multipliers for the current heating season or a minimum payment of $25, whichever is greater, paid to the household annually. Households determined eligible for the publicly subsidized housing modified LIHEAP benefit, whose economic and housing situation does not change, are income eligible for a period of five years.

(26) "Monthly gross income" means all nonexcluded income, including wages, salaries, commissions, tips, profits, gifts, interest or dividends, retirement pay, workers' compensation, unemployment compensation, social security retirement and disability payments, supplemental security income payments, veterans administration payments, cash public assistance benefits such as TANF or tribal, state, or county general relief, and capital gains, received by the members of the household in a calendar month.

(a) For households with self-employment income, monthly gross income means monthly gross receipts minus self-employment deductions.

(27) "Monthly gross receipts" applies to households with income from self-employment and means all income before any deductions, including any nonexcluded income not from self-employment, received by members of the household in a calendar month.

(28) "Multi-family unit" means a building which contains two or more shelter or rental units for living purposes. For purposes of the program, a duplex and a home with a basement apartment are considered multi-family units.

(29) "Nonrecurring lump sum payment" means a sum of money paid at one time rather than in two or more separate payments.

(30) "Nontraditional dwelling unit" means dwelling units that include mobile shelters and other structures not designed for year-round human habitation. Mobile shelters include RVs and campers.

(31) "Paid eligible energy costs" means heating costs paid: 

(a) in the form of rent;

(b) to a fuel account not in a household member's name; or

(c) to another party during the heating season for the dwelling in which the household resides at the time of application.

(32) "Publicly subsidized housing" means government-sponsored economic assistance aimed towards providing affordable housing for persons in need.

(33) "Qualified alien" means an alien who, at the time of submitting a LIHEAP application, is a qualified alien as defined by 8 U.S.C. § 1641(b).

(34) "Self-employment deductions" means all costs, excluding depreciation costs, necessary for the creation of any income from self-employment. As an alternative, the local contractor may, at the request of the household, deduct 40 percent from the annual gross receipts for self-employment deductions.

(35) "Shelters" mean a dwelling unit or units whose principal purpose is to house on a temporary basis individuals who may or may not be related to one another, including homeless people, people living in student housing, or other individuals seeking short-term or nonpermanent living situations.

(36) "Single elderly household" means a household consisting of one person only, who is 60 years or older.

(37) "Single family unit" means a building which contains a single residence or rental unit for living purposes.

(38) "State fiscal year" means the period from July 1 of one calendar year through June 30 of the next calendar year. For example, state fiscal year 2023 means the period from July 1, 2022, through June 30, 2023.

(39) "Traditional dwelling unit" means a residential housing structure, including a mobile home or a modular home when permanently connected to the required utilities (including plumbing, heating, and electrical systems contained therein) and designed to be used as a permanent residence.

(40) "U.S. Department of Health and Human Services Poverty Guidelines" means the poverty guidelines computed annually and published each year in the Federal Register by the U.S. Department of Health and Human Services.

(41) "Valid loan" means a person's lawful promise to repay a monetary sum received from a source outside the household, including private individuals and commercial institutions, which must be repaid at a future date. Unless otherwise provided in law, the loan may be oral or written.

(42) "Vendor payment" means a monetary payment made on behalf of the household by a person who is not a member of the household to a third party outside the household such as a creditor of the household or vendor of services or goods to the household.

(1) Households that are obligated to pay for fuel to heat their homes are eligible for LIHEAP benefits.

(2) Except as provided elsewhere in this rule, households which consist solely of members who are eligible for and receiving SNAP, SSI, or TANF-funded cash assistance are automatically financially eligible for LIHEAP benefits.

(3) Households which consist of members receiving SNAP, SSI, or TANF-funded cash assistance, and other individuals whose income and resources were not considered in determining eligibility for SNAP, SSI, or TANF-funded cash assistance are not automatically eligible for LIHEAP benefits but must meet the financial requirements set forth in this rule.

(4) Individuals living in shelters, including recipients of SNAP, SSI, or TANF-funded cash assistance, are not eligible for LIHEAP benefits. Individuals living in licensed group-living situations as defined in ARM 37.70.401 may be eligible if they meet all other requirements for eligibility. Individuals living in licensed group-living situations which are not group-living situations as defined in ARM 37.70.401 are not eligible for LIHEAP benefits.

(5) Households which contain a member who is enrolled at least half time in an institution of higher education and who was claimed for the previous tax year as a dependent for federal income tax purposes by a taxpayer who is not a member of a household are ineligible for LIHEAP benefits.

(6) Households that are eligible for or that have received LIHEAP benefits through a tribal program funded by the U.S. Department of Health and Human Services may not receive LIHEAP benefits from the department for the same heating season, unless the household changes residence during the heating season and the household is no longer eligible for tribal LIHEAP benefits; in that case, the household may apply for a prorated LIHEAP benefit based on the household's new circumstances as provided in ARM 37.70.602.

(7) Residents of publicly subsidized housing whose energy costs are included as a fixed portion of their rent or who reside in publicly subsidized housing and have an obligation to pay a base-load electric bill are not eligible for a regular LIHEAP benefit computed using the benefit matrices and multipliers in the LIHEAP Benefit Award Matrix and Table of Multipliers for the current heating season. However, these households are eligible for weatherization assistance as provided for in ARM Title 37, chapter 71 and a modified LIHEAP benefit. The modified LIHEAP benefit is equal to five percent of the amount of a regular LIHEAP benefit, or a minimum payment of $25, whichever is greater, paid to the household annually. Households determined eligible for the modified LIHEAP benefit whose economic and housing situation does not change are eligible for a period of five years.

(8) In households consisting of eligible and ineligible household members, the income of all will be counted for benefit calculation purposes. Only the eligible household members will be counted when counting the number of household members for benefit calculation purposes.

(9) Current and future benefits will be denied to any persons and households who refuse to submit social security numbers or proof of U.S. citizenship or proof of status as a qualified alien as defined in 8 U.S.C. § 1641(b), or whose social security numbers, proof of residency, or citizenship cannot be verified.

(1) Households with up to eight members with annual gross income at or below 60 percent of the estimated state median are eligible for LIHEAP benefits on the basis of income. Households with nine or more members are eligible for LIHEAP benefits on the basis of income only if the household's annual gross income is at or below 150 percent of the 2022 U.S. Department of Health and Human Services' poverty guidelines for a household of that size. Households with annual gross income above the applicable income standard are ineligible for LIHEAP benefits, unless the household is automatically financially eligible for LIHEAP benefits as provided in ARM 37.70.402 because all members of the household are receiving SNAP, SSI, or TANF-funded cash assistance.

(2) The department adopts and incorporates by reference the department's Low Income Home Energy Assistance Program (LIHEAP) Table of Income Standards, 2022-2023 heating season. The LIHEAP table of income standards is located at the department's web site at https://dphhs.mt.gov/hcsd/energyassistance/ or a copy may be obtained from the Department of Public Health and Human Services, Human and Community Services Division, P.O. Box 202956, Helena, MT 59620-2956.

(3) Households eligible for LIHEAP are also eligible for LIHEAP client education and outreach activities.

(1) The following types of unearned income are excluded or deducted when calculating income for LIHEAP eligibility:

(a) complementary assistance from other agencies and organizations which consists of goods and services not included in or duplicated by the low income home energy assistance benefit award;

(b) home produce utilized for household consumption;

(c) undergraduate student loans and grants for educational purposes made or insured under any program administered by the Commissioner of Education;

(d) extension of Old-Age, Survivors, and Disability Insurance (OASDI) benefits for 18 to 22 year olds who are full-time students;

(e) the value of the SNAP allotment;

(f) the value of U.S. Department of Agriculture donated foods;

(g) any benefits received under Title III of the Nutrition Program for the Elderly of the Older Americans Act of 1965 as amended;

(h) the value of supplemental food assistance received under the Child Nutrition Act of 1966, and the Special Food Services Program for Children under the National School Lunch Act (P.L. 92-433 and P.L. 93-150);

(i) all monies awarded to Indian tribes by the Indian Claims Commission or Court of Claims as authorized by P.L. 92-254, 93-134, 94-540, 95-433, 97-408, or other applicable awards as provided in public law;

(j) payments received under Title II of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970;

(k) the tax exempt portions of payments made pursuant to P.L. 92-203, the Alaska Native Claims Settlement Act;

(l) all payments under Title I of the Elementary and Secondary Education Act;

(m) all earnings, work incentive allowances, reimbursement of training related expenses, and other allowances and payments made to a participant in any program under the Workforce Investment Act of 1998;

(n) payment for supportive services or reimbursement of out-of-pocket expenses made to individual volunteers serving as senior health aides, or senior companions, and to persons serving in service corps of the retired executives and active corps of executives, and any other program under Titles II and III of P.L. 93-113;

(o) payments to individual volunteers under Title I (VISTA) of P.L. 93-113, pursuant to section 404(g) of that law;

(p) proceeds from sale of the family home;

(q) one-time insurance payments, compensation for injury, or payments from federal or state crime victim compensation programs;

(r) the entire amount of Veteran's Administration educational payments made to an applicant or recipient who is attending an institution of higher education, including amounts spent for expenses not directly related to the individual's school attendance;

(s) Veteran's Administration pension reimbursements for medical expenses;

(t) foster care payments received for a foster child or adult if the LIHEAP applicant has chosen to exclude the foster child or adult from the household; such payments are not excluded if the applicant has chosen to include the foster adult or child as a member of the household. Additionally, any foster care payments received one full month immediately preceding the month of application for a foster child or adult who is no longer living in the household at the time of application shall be excluded;

(u) in-kind income;

(v) valid loans, except that the funds received from valid loans are considered as a resource until the funds are spent;

(w) gifts of up to $50 per month per household member. If the gift is in an amount equal to or greater than $50, however, the entire gift will be counted;

(x) nonrecurring lump sum payments, such as federal and state income tax refunds, one-time insurance payments or worker's compensation payments, and retroactive SSI or SSDI payments, but only to the extent that the payment does not constitute income or benefits for one full month immediately preceding the month of application. The funds received from a nonrecurring lump sum payment are considered as a resource until the funds are spent;

(y) vendor payments, except the following types of vendor payments:

(i) payments which are legally owed or otherwise payable to the household but are diverted by the provider of the payment to a third party for an expense or debt of the household;

(ii) federal, state, or tribal benefits payable directly to the household but are diverted to a third party or protective payee for an expense or debt of the household; and

(iii) rent or mortgage payments made to the household's landlord or mortgagee.

(z) payments under Public Law 101-426, Radiation Exposure Compensation Act, are excluded as income and as a resource to the household;

(aa) amounts paid to satisfy an incurment for the medically needy programs; and

(ab) proof of out-of-pocket health insurance premiums paid by a member of the household for a household member or members will reduce the income when supplied at the time of application or prior to application eligibility determination.

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

(a) cash on hand;

(b) certificate of deposits;

(c) checking and savings accounts;

(d) market value of stocks or bonds and/or other negotiable resources; and

(e) the equity value of real property which is not the family home.

(2) The equity value of the household's business assets is counted in determining eligibility. The household may have business assets the equity value of which does not exceed $25,000.

(3) The value of a primary residence and the proceeds from the sale of a primary residence are not included as a resource for 12 months from the date of sale.

(4) The department adopts and incorporates by reference the department's LIHEAP Table of Resource Standards, for the 2022-2023 heating season. The LIHEAP table of resource standards is located at  https://dphhs.mt.gov/hcsd/energyassistance/ or a copy may be obtained from the Department of Public Health and Human Services, Human and Community Services Division, P.O. Box 202956, Helena, MT 59620-2956.

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

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

(b) five percent.

(1) The department adopts and incorporates by reference the department's LIHEAP Benefit Award Matrix and Table of Multipliers, for the 2022-2023 heating season. The LIHEAP Benefit Award Matrix is located at https://dphhs.mt.gov/hcsd/energyassistance/ or a copy may be obtained from the Department of Public Health and Human Services, Human and Community Services Division, Intergovernmental Human Services Bureau, 1400 Carter Drive, P.O. Box 202956, Helena, MT 59620. These matrices are used to establish the benefit payable to an eligible household for a full heating season. The 2021-2022 benefit matrix will be used for the 2021-2022 heating season, and the 2022-2023 benefit matrix will be used for the 2022-2023 heating season. The benefit varies by:

(a) household income level;

(b) type of primary heating fuel;

(c) the type of dwelling: single family unit, multi-family unit, and mobile home;

(d) the number of bedrooms in the dwelling;

(e) the heating district in which the household is located, to account for climatic differences across the state;

(f) verification of the identities and citizenship or qualified alien status of those residing in the household; and

(g) the household's resources.

(2) The benefit payable to an eligible household will be computed by multiplying the applicable amount in the table of base benefit levels found in the LIHEAP Benefit Award Matrix by the applicable matrix amount in the table of income/climatic adjustment multipliers found in the LIHEAP Benefit Award Matrix.

(3) Publicly subsidized households whose energy costs are included as a fixed portion of their rent, or who reside in publicly subsidized housing and have an out-of-pocket obligation to pay a base-load electric bill, are not eligible for a regular LIHEAP benefit computed using the benefit matrices and multipliers in the LIHEAP Benefit Award Matrix and Table of Multipliers. However, these households may be eligible for a modified LIHEAP benefit. The modified LIHEAP benefit is equal to five percent of the regular LIHEAP benefit computed using the benefit matrices and multipliers in the LIHEAP Benefit Award Matrix and Table of Multipliers,  or a minimum payment of $25, whichever is greater, paid annually. Households determined eligible for the modified LIHEAP benefit whose economic and housing situation does not change are eligible for a period of five years.

(1) Households found eligible may apply all or a portion of their benefit award for conversion to a less costly heating fuel.

(2) Eligible households who convert to a less costly heating fuel must disclaim any right to additional program benefits for the current heating season regardless of change of address or any other circumstance except emergencies as defined in ARM 37.70.901.

(3) When an eligible household changes residence during the heating season, the household must file a new application. The household's benefit award will then be recomputed based on its new residence, and the new benefit will be prorated from the date of the change of residence. Any unused portion of the original benefit award reverts to the department. When an eligible household changes its type of primary heating fuel during the heating season, the household is not required to file a new application but must have its benefit award recomputed based on the new type of fuel. The new benefit will be prorated from the date of the change of type of fuel. Any unused portion of the original benefit reverts to the department.

(4) Benefit awards will be prorated for households new to the state or not previously responsible for heating costs from the date of residency or responsibility for the remainder of the heating season. Benefits will also be prorated for households who live in an area served by tribal LIHEAP if the household moves from the service area during the heating season and applies for benefits through Montana LIHEAP. Such households are eligible for a prorated benefit for the remainder of the heating season from the date the household moved from the service area served by the tribal LIHEAP.

(5) When a household changes primary fuel vendors, any remaining LIHEAP attributable credit balance will be returned to the department by the original fuel vendor. The department may reissue the unused portion of the benefit award to the new fuel vendor or reimburse the household as provided in ARM 37.70.607.

(1) Eligible households directly billed for energy costs by the fuel vendor will be paid a benefit amount computed using the benefit matrices and multipliers in the Low Income Home Energy Assistance Program (LIHEAP) Benefit Award Matrix and Table of Multipliers and will be paid as follows:

(a) Reimbursement may, at the discretion of the department only, be made by check payable to the household for any eligible energy costs which have been paid by the household at the time of the benefit or adjusted award. Paid eligible energy costs claimed by the household must be supported by fuel receipts.

(b) The amount of the benefit or adjusted award remaining after the application of (1)(a) will be paid by check directly to the fuel vendor and will be applied by the fuel vendor against any unpaid, including any future, eligible energy costs of the household in accordance with the department-provided vendor application and contract. Any credit balance in excess of $50 attributable to the benefit or adjusted award after the end of the heating season must be returned to the department. For the 2021-2022 and 2022-2023 heating seasons only, any LIHEAP attributable credit balance in excess of $500 must be returned to the department no later than August 31, 2023.

(c) Application for benefits for the current heating season will not be processed until the credit balances for each of the household's fuel vendors attributable to previous years' program awards total $50 or less. This does not apply if the department has extended the heating season and has allowed LIHEAP attributable credit balances to remain on the recipients' accounts until spent.

(d) All credit balances are presumed to be from previous program awards unless the household provides proof to the contrary.

(2) Eligible households that pay energy costs for heating their homes that are not billed directly by the fuel vendor because the fuel account is not in the name of a household member will be reimbursed for eligible energy costs paid by the household, provided that the amount paid to the household for the heating season does not exceed the benefit amount computed using the benefit matrices and multipliers in the LIHEAP Benefit Award Matrix and Table of Multipliers. Reimbursement will be made by check payable to the household. The household must provide receipts to document paid eligible energy costs claimed. The household must provide receipts to support the paid eligible energy costs to the local contractor by June 20 or the end of the heating season, whichever is later.

(3) For eligible households that have their energy costs included in their rental payments:

(a) The household will be paid a benefit computed monthly. For each month of the current heating season for which the household provides a paid rent receipt, the household will be reimbursed a prorated portion, determined by dividing one by the number of months in the heating season, of the benefit amount provided in ARM 37.70.601. However, the benefit paid to the household for any month must not exceed 50 percent of the rent paid for that month as evidenced by the rent receipt. Failure to provide rent receipts to the local contractor by June 20 or the end of the heating season, whichever is later, will result in the forfeiture of any benefits to which the household would otherwise be entitled.

(b) The benefit will be paid by check payable to the household.

(4) Benefits for eligible households using wood to heat their dwelling will be paid as follows:

(a) by payment to a wood vendor for purchases of wood;

(b) at the option of the local contractor, by payment directly to the household for future purchases of wood. Households which receive a direct payment will not be entitled to any additional benefits for the current heating season which the household might otherwise be entitled to receive due to moving to a different dwelling or other change in circumstances, except in an emergency as defined in ARM 37.70.901; or

(c) when the household provides receipts to verify that the household has purchased wood between July 1 and the end of the heating season of the current state fiscal year, by a payment directly to the household reimbursing the household for wood already purchased. Households which are reimbursed based on paid receipts do not lose their right to additional benefits for the current heating season as provided in (4)(b). Failure to provide receipts verifying wood purchases to the local contractor by June 20 or the end of the heating season, whichever is later, will result in the forfeiture of any benefits to which the household would otherwise be entitled.

(1) When funds are not available to serve all eligible households, the department may, at its option, take any or all of the following steps:

(a) reduce the maximum benefit amounts of the benefit award matrices;

(b) limit eligibility to only financially needy households with a member 60 years of age or older, or with a member who is disabled and receiving supplemental security income or social security income based on permanent and total disability; or

(c) deny all subsequent applications.

(2) If additional funds become available to serve eligible households, the department may, at its option, take any or all of the following steps:

(a) increase the maximum benefit amounts of the benefit award matrices;

(b) extend the duration of the current heating season beyond April 30;

(c) increase the maximum income standards for eligibility, if permitted by federal law;

(d)  allow LIHEAP attributable credit balances to remain on the recipients' accounts through the end of the 2022-2023 heating season. Any credit LIHEAP attributable credit balance in excess of $500 needs to be returned to the department by August 31, 2023; or

(e)  extend the deadline to submit paid receipts to correspond with the end of the heating season.

(1) Emergency assistance under LIHEAP may be provided to an eligible household in the following circumstances only when such circumstances present an imminent threat to the health and safety of the household:

(a) the household's primary supply of energy is interrupted because of weather conditions and another supply or a different type of energy is necessary;

(b) weather or other forces outside the household's control damages the household's dwelling and causes the dwelling to suffer a severe loss of heat;

(c) hazardous or potentially hazardous conditions exist in the household's primary home water heating system, space heating systems, or safety modifications to the system are required;

(d) any other home energy-related conditions caused by severe weather conditions, fuel shortages, or acts of God; or

(e) the household has a documented medical need for home energy-related safety modifications.

(2) Eligibility requirements:

(a) A household eligible for LIHEAP that has an emergency as defined above is eligible for emergency assistance.

(b) A household that would be eligible for LIHEAP had the household applied and which has an emergency as defined in (1) is also eligible for emergency assistance.

(3) The household is responsible, at its own expense, for documenting that circumstances exist which present an imminent threat to the household as defined in (1)(a) through (e). The local contractor may, however, in its discretion and subject to the priorities and restrictions specified in its contract with the department, assist the household in identifying and documenting such circumstances, if the local contractor has the expertise and resources to do so.

(4) Emergency assistance payments may be made on behalf of the eligible household for actual costs necessary to alleviate the emergency. However, no emergency assistance payments will be made for costs which are the liability of a third party, unless the household assigns to the department in writing its rights to such third party payments.

(5) Subject to the provisions of (6), after a household has requested emergency assistance and provided proof that it is financially and otherwise eligible for such assistance, the local contractor must provide some form of assistance to resolve the emergency:

(a) within 48 hours after the request is made in all cases; and

(b) within 18 hours after the request is made if the emergency is life-threatening. Life-threatening is defined as any of the conditions of emergency specified in (1) that may cause death or severe permanent damage to the health of one or more household members.

(6) The time limits contained in (5)(a) and (b) do not apply in a geographical area affected by a disaster or emergency as designated in (6)(a) and (b), as long as the designation is in effect, if the secretary of the U.S. Department of Health and Human Services determines that the disaster or emergency makes compliance with the time limits impracticable. This exception to the time limit applies when:

(a) a natural disaster has been designated by the secretary of the U.S. Department of Health and Human Services; or

(b) a major disaster or emergency has been designated by the president under the Disaster Relief Act of 1974.

(7) The identification, removal, or abatement of asbestos is not an allowable use of emergency assistance funds.

(8) Emergency assistance funds may be used to replace a wood stove not approved by the Environmental protection agency (EPA) if the wood stove is the eligible household's primary source of heat and the household is eligible to receive a benefit award for wood during the heating season. 

This rule has been repealed.