(1) The procedure for determining eligibility for low income energy assistance is:

(a) An application is filed by the applicant together with verification for determining financial eligibility and benefit award. After an application is filed, the local contractor may request any additional information or documentation needed to determine eligibility and/or benefit amount. If an applicant fails to provide information or documentation necessary for a determination of eligibility within 45 days of the date of initial application the application shall be denied, but the household may reapply for assistance.

(i) Eligibility requirements that must be verified include but are not limited to:

(A) social security number (SSN), U.S. citizenship, or lawful entry into the United States with the intent of establishing permanent residence for each member of the household over the age of three weeks;

(B) photo identification for each member aged 18 years or older. For members under age 18, a birth certificate will be accepted;

(C) current receipt of benefits under supplemental security income or cash assistance funded by temporary assistance for needy families (TANF);

(D) income/resources;

(E) lack of tax dependency status for individuals enrolled at least half time in an institution of higher education;

(F) the household's obligation to pay for the cost of heating its residence except for residents of publicly subsidized housing who are receiving only a minimum benefit, and type of primary heating fuel; 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(2). Failure to provide receipts to the local contractor within 45 days of the heating season's end or by June 25 in the case of an extended heating season will result in forfeiture of any remaining benefits for that heating season.

(ii) If reasonable doubt exists as to the accuracy of the information provided by the client, the type of dwelling, number of bedrooms, and/or the primary heating fuel/vendor must also be verified.

(b) The local contractor may at its option conduct an interview with the applicant 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 contractor's office nor a telephone is reasonably accessible to the applicant, the local contractor will conduct the interview at some place which is reasonably convenient for both the applicant and the local contractor.

(c) After eligibility and benefit amount has been determined, notice of the decision will be given to the applicant as provided in ARM 37.70.312.

(2) A household's eligibility and benefit amount will be determined based on the household's circumstances at the time the application is filed, including, but not limited to, the type of the household's dwelling, the number of bedrooms in the dwelling, the dwelling's primary heating fuel, the heating district in which the dwelling is located, verification of the identities and citizenship or lawful residence of those residing in the household, and the household's resources. Eligibility in regard to income, however, is based on the household's income in the 12 months immediately preceding the month of application. If the household is ineligible using income in the 12 months preceding the month of application, eligibility will be determined by ascertaining the household's gross income in the three months immediately preceding the month of application and multiplying that figure by four to arrive at the household's annual income based on the three-month period.

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