3.752.1APPLICATION PERIOD [Rev. eff. 11/1/13]To apply for LEAP, the general public shall submit a State prescribed application form (IML-4) during the period of November 1st through April 30th. If April 30th for a particular calendar year falls on a holiday or weekend, then the eligibility periods shall be extended until midnight the next business day. These programs are contingent upon the continued availability of funds in accordance with Sections 3.750.15 and 3.758.48. The county department shall accept all application forms that are received or postmarked during the application period. Facsimile copies of completed application forms shall be accepted as valid. Preference shall be given to application forms received from public assistance households (such as Colorado Works, Old Age Pension (OAP), Aid to the Needy Disabled (AND), Aid to the Blind (AB), and Supplemental Social Security Disability Benefits.) Such applications received prior to November 1st shall be accepted and may be processed; however, eligibility shall not be effective until November 1st. Application forms received or postmarked after the closing date shall be denied. Eligibility will be determined based on the applicant's circumstances on the date the application is received by the county department. Although applications may be accepted and processed earlier, the effective date of application shall not be before November 1st.
3.752.2PROGRAM ELIGIBILITY REQUIREMENTS [Rev. eff. 12/1/14]To be determined eligible for a Heating Fuel Assistance Program payment, households must, at time of application, be vulnerable to the rising costs of home heating, and meet income and other requirements of the program as defined in these regulations.
The following factors shall be considered as of the date of application: Colorado state residency, U.S. citizenship/alien status, income, vulnerability, fuel type, household composition, shared living arrangements, dwelling type, and estimated home heating costs.
3.752.21Countable Unearned Income [Rev. eff. 12/1/14]Countable unearned income includes but is not limited to the following, as well as payments from any other source, which is considered to be a gain or benefit to the applicant or recipient:
A. Inheritance, gifts, and prizes;B. Dividends and interest paid out or withdrawn on savings bonds, leases, bank accounts;C. Proceeds of a life insurance policy to the extent that they exceed the amount expended by the beneficiary for the purpose of the insured recipient's last illness or burial that are not covered by other benefits;D. Proceeds of a health insurance policy or personal injury lawsuit to the extent that they exceed the amount to be expended or required to be expended for medical care;F. Income from jointly owned property: - in a percentage at least equal to the percentage of ownership or, if receiving more than percentage of ownership, the actual amount received;G. Lease bonuses (oil or mineral) received by the lessor as an inducement to lease land for exploration are income in the month received;H. Oil or mineral royalties received by the lessor are income in the month received;I Supplemental Security Income (SSI) benefits received by an applicant or recipient shall be considered income in the month received. When determining income, do not consider cents in the gross benefit amount.J. Income derived from monies (or other property acquired with such monies) received pursuant to the "Civil Liberties Act of 1988", P.L. 100-383;K. Amounts withheld from unearned income because of a garnishment are countable as unearned income.L. Public Assistance Income as defined in 3.751.1: Colorado Works, Old Age Pension (OAP); Aid To The Needy Disabled (AND); Aid To The Blind (AB); Non-Categorical Refugee Assistance (NCRA); Social Security Disability Insurance (SSDI).N. Income received from child support and spousal maintenance payments3.752.211Periodic Payments [Eff. 12/1/14]The following types of periodic payments are among those included in countable unearned income:
A. Annuities - payments calculated on an annual basis which are in the nature of returns on prior payments or services; they may be received from any source;B. Pension or retirement payments - payments to an applicant or recipient following retirement from employment; such payments may be made by a former employer or from any insurance or other public or private fund;C. Disability or survivor's benefits - payment to an applicant or recipient who has suffered injury or impairment, or, to such applicant's or recipient's dependents or survivors; such payments may be made by an employer or from any insurance or other public or private fund;D. Worker's compensation payments - payments awarded under federal and state law to an injured employee or to such employee's dependents; amounts included in such awards for medical, legal, or related expenses incurred by an applicant or recipient in connection with such claim are deducted in determining the amount of countable unearned income.E. Veteran compensation and pension - payments based on service in the armed forces; such payments may be made by the U.S. Veterans Administration, another country, a state or local government, or other organization. Any portion of a VA pension that is paid to a veteran for support of a dependent shall be considered countable unearned income to the dependent rather than the veteran.F. Unemployment compensation - payments in the nature of insurance for which one qualifies by reason of having been employed and which are financed by contributions made to a fund during periods of employment;G. Railroad retirement payments - payments, such as sick pay, annuities, pensions, and unemployment insurance benefits, which are paid by the Railroad Retirement Board (RRB) to an applicant or recipient who is or was a railroad worker, or to such worker's dependents or survivors;H. Social Security Benefits - Old Age (or Retirement), Survivors and Disability Insurance payments (OASDI or RSDI) made by the Social Security Administration; also included are special payments at age seventy-two (72) (Prouty benefits) and black lung benefits. When determining income, do not consider cents in the gross income amount. I. Supplemental Security Income (SSI) - public assistance payments made by the Social Security Administration to an applicant or recipient sixty five (65) years of age or older, or who is blind or disabled; such payments are considered in accordance with requirements specified in the applicable assistance program chapter. When determining income, do not consider cents in the gross benefit amount.K. Trusts - any interest or trust payments received in the income verification period.3.752.212Military Allotment [Eff. 12/1/14]A military allotment received on behalf of an applicant or recipient for those individuals included in the budget unit shall be considered as income in the month received.
3.752.22Income and Household Size Criteria [Rev. eff. 11/1/15]A. All countable unearned income shall be the countable gross unearned income received in the income verification period, not to exceed one month's income.B. For purposes of determining a household's eligibility, earned ongoing income shall be the countable gross income in any four (4) weeks of the eight (8) weeks prior to the application date.C. Determining Monthly Income If a household member is paid less than monthly, the county department shall determine gross monthly income by:
1. Weekly/Bi-Weekly Income a. Weekly Income Adding four gross weekly income amounts to obtain total monthly income.
b. Bi-Weekly Income Adding two gross bi-weekly income amounts to obtain total monthly income.
2. Semi-Monthly Income Adding two gross semi-monthly income amounts to obtain total monthly income.
3. Partial Month Incomea. Terminated Income If a household member's income is terminated as of the application date, use actual income received in the income verification period.
b. Earned New Income If a household member has a new source of earned income as of the application date, use income received in the income verification period.
c. Unemployment/Other Unearned Income If a household member has not received his/her first check from this source of income as of the income verification period, do not count any income from this source. If the household member has received the income as of the income verification period, use actual income for the income verification period.
4. In-kind income is income received in exchange for employment and shall be considered as earned income whose value is based on the services rendered. The amount considered as earned income when a recipient is paid in lieu of cash is the declared value of the item or service provided.D. All applicant households whose countable income for the eligibility period is up to and including 60 percent (60%) of the state median income level released by the U.S Department of Health and Human Services for federal fiscal year 2023 shall meet the income requirements for the heating fuel assistance program. The state department shall adjust the income limits annually based on funds available and the state median income guidelines. The state median income level means the income level for a household as set forth in 45 C.F.R. § 96.85 (2023) and the Low Income Home Energy Assistance Program information memorandum-2023-02 (2023), herein incorporated by reference. This rule does not contain any later amendments or editions. The regulation and memorandum are from the U.S. Department of Health and Human Services. The federal regulation is available for no cost at HTTPS://WWW.ECFR.GOV/. The memorandum is available for no cost AT HTTPS://WWW.ACF.HHS.GOV/OCS/POLICY-GUIDANCE/LIHEAP-IM-2023-02-STATE-MEDIAN-INCOME-ESTIMATES-OPTIONAL-USE-FFY-2023-AND. The federal regulation and memorandum are also available for public inspection and copying at the Colorado Department of Human Services, Director of the Food and Energy Assistance Division,1575 Sherman Street, Denver, Colorado, 80203, or at any state publications library during regular business hours.
E. Households which have been denied basic benefits and have had changes in circumstances may reapply.3.752.23Income Exclusions [Rev. eff. 11/1/15]To determine eligibility for financial assistance and the amount of the assistance payment, the following shall be exempt from consideration as either resources or income. Verification is not required in the case file but must be notated in the Report of Contact (ROC).
A. The value of food assistance and USDA donated foods;B. Benefits received under Title III, Nutrition Program for the Elderly, of the Older Americans Act;C. The value of supplemental food assistance received under the special food services program for children provided for in the National School Lunch Act and under the Child Nutrition Act, including benefits received from the special supplemental food program for Women, Infants and Children (WIC);D. Home produce utilized for personal consumption;E. The value of any assistance paid with respect to a dwelling unit under: 1. The United States Housing Act of 1937;2. The National Housing Act;3. Section 101 of the Housing and Urban Development Act of 1965;4. Title V of the Housing Act of 1949; or,5. Section 202(h) of the Housing Act of 1959.F. Payments 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), AmeriCorps and any other program under Title I (Vista) when the value of all such payments adjusted to reflect the number of hours such volunteers are serving is not equivalent to or greater than the minimum wage, and Title II and III of the Domestic Volunteer Services Act;G. Compensation received by the applicant or recipient pursuant to the Colorado Crime Victims Compensation Act shall not be considered as income, property, or support available to the applicant or recipient. This is compensation paid to innocent victims or dependents of victims of criminal acts who suffer bodily injury;H. Monies received pursuant to the Civil Liberties Act of 1988;I. Any payment made from the Agent Orange Settlement Fund;J. The value of any commercial transportation ticket, for travel by an applicant or recipient (or spouse) among the fifty (50) states, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa, and the northern Mariana Islands, which is received as a gift by such applicant or recipient (or such spouse) and is not converted to cash;K. Reparation payments made under Germany's law for compensation of national socialist persecution (German Restitution Act);L. Any money received from the Radiation Exposure Compensation Trust Fund;M. Reparation payments made under Sections 500 through 506 of the Austrian General Social Insurance Act;N. Payments to applicants or recipients because of their status as victims of Nazi persecution;O. Income paid to children of Vietnam veterans who were born with spina bifida;P. All financial aid monies, including educational loans, scholarships, and grants, including work study;Q. Earned income of children under the age of eighteen (18) who are residing with a parent or guardian;R. Reimbursement received for expenses incurred in connection with employment from an employer;S. Reimbursement for past or future expenses, to the extent they do not exceed actual expenses, and do not represent gain or benefit to the household;T. Payments made on behalf of the household directly to others;U. Payment received as foster care income; foster care individuals are not considered LEAP household members;V. Any home care allowance or Attendant Support Allowance Care, if paid to a non-household member;W. State/county diversion payments;Y. Subsidized housing utility allowances;Z. G.I. Bill educational allowances, including housing and food allowances;AA. A one-time resettlement grant received under the refugee admissions program.BB. A bona fide loan is a debt that the borrower has an obligation to repay and expresses his or her intention to repay, as documented in a written agreement or by collateral contact from the lender;CC. Funds received by persons fifty five (55) years of age and older under the Senior Community Service Employment Program (SCSEP) under Title V of the Older Americans Act;DD. Income that is deemed necessary for the fulfillment of a Plan for Achieving Self-Support (PASS) under Title XVI of the Social Security Act.EE. Money received in the form of non-recurring lump sum payments for income tax refunds, rebates, or credits; retroactive lump-sum social security, SSI, and public assistance payments.FF. Supportive Services income received under the Colorado Works Program.Gg. Money obtained from the liquidation of personal resources.HH. Any recurring or non-recurring health insurance subsidies paid directly to an employee by an employer to assist with the purchase of private health insurance.3.752.24Resources [Rev. eff. 10/1/01]There are no resource criteria for the Low-Income Energy Assistance Program.
The value of the household's resources shall not be considered for the purpose of determining eligibility for assistance.
3.752.25Vulnerability [Rev. eff. 11/1/15]A. A household shall be vulnerable in order to qualify for Heating Fuel Assistance Program benefits. Vulnerability shall mean the household must be responsible for the costs of home heating as defined below:1. The household is paying home heating costs directly to a vendor and is subject to home heating cost increases.2. The household is living in non-subsidized housing and is paying home heating costs either in the form of rent or as a separate charge in addition to rent.3. The household resides in subsidized housing as defined in the "Definitions" Section of these rules; and, 1) the unit has an individual meter which identifies specific heating usage of that unit and the household is subject to increased cost for home heating, or 2) the tenant is subject to a heating surcharge assessed by means other than an individual meter. Such surcharges may include percentage fees assessed to the tenant for home heating. Excess utility charges are to be specific to home heating and verified by the County Department/Contractor. Under no circumstances shall rental costs be assumed to be subject to change due to an increase in home heating costs unless otherwise verified by the county department/Contractor.4. The applicant household in a residence where more than one household resides shall be considered vulnerable if the applicant household contributes toward the total expenses of the residence. These expenses include, but are not limited to, shelter and utilities.5. The applicant household must live in a traditional dwelling.6. Any applicant who shares a primary fuel, such as a shared natural gas meter, electric meter or propane tank, will be considered a shared household and the Estimated Home Heating Cost (EHHC) will be divided by the number of parties responsible for paying the shared heat expense.B. Households in the following living arrangements shall not be considered to be vulnerable: 1. Institutional group care facilities, public or private, such as nursing homes, foster care homes, group homes, substance abuse treatment centers, or other such living arrangements where the provider is liable for the costs of shelter and home heating, in part or in full, on behalf of such individuals;2. Room and board, bed and breakfast;3. Correctional facilities;4. Dormitory, fraternity or sorority house;5. Subsidized housing as defined in the "Definitions" section of these rules which does not have an individual check meter for heat for each unit or which cannot provide other evidence of responsibility for paying home heating surcharges;6. Any applicant, or applicant household who is considered homeless or resides in non-traditional dwellings;7. Commercial accounts or commercial properties that also serve as the client's dwelling;8. Hotels, unless proof that the household has lived or will live in the hotel continuously for thirty (30) calendar days at the time of application and that heat is included in rent. Proof may be shown by providing a monthly statement, billing statement or receipt indicating the monthly arrangement.C. Landlords or other providers of shelter shall not be considered to be vulnerable unless they meet the definition of household and the eligibility requirements of the Heating Fuel Assistance Program.D. Vulnerability shall be verified for all applicant households as defined in these rules.3.752.26Mandatory Weatherization [Rev. eff. 12/1/14]Households approved to receive a LEAP benefit must agree to have their dwelling weatherized if contacted by a state-authorized weatherization agency. Failure to permit or complete weatherization may result in denial of LEAP benefits for the following year.
A. Exemptions 1. Households containing a member(s) whose mental or physical health could be exacerbated by weatherization shall be exempt.2. A household whose landlord refuses to allow weatherization shall not have benefits denied.3. The local weatherization agency shall fully document the circumstances permitting the exemption.B. Households Who Refuse Weatherization 1. Households who refuse or terminate weatherization before completion shall not be approved for LEAP benefits for the following year and a LEAP denial hold shall be placed on the household at that address by the State LEAP office. The hold can only be removed by the State LEAP office.2. If the household has moved to another address that has been weatherized, the household may be approved for a LEAP benefit if otherwise eligible. If the new dwelling is not already weatherized, weatherization must be completed before approved for LEAP.3. If a denied household subsequently allows the dwelling to be weatherized or weatherization completed, the household must reapply and, as long as other eligibility criteria are met, may be approved for LEAP benefits after notification from the local weatherization agency that the weatherization is completed.C. State Weatherization Office Responsibilities 1. Assure that standards, as delineated in Sections A and B above are applied uniformly and equitably.2. Notify the state LEAP office by September 30th of all households who refuse weatherization.3. Notify households who refuse weatherization, by first-class mail that their refusal may result in denial of LEAP benefits for the following year.4. Weatherization shall be completed as soon as possible on dwellings where the household previously refused or didn't complete weatherization and subsequently allows the dwelling to be weatherized.3.752.27Mandatory Crisis Intervention Program (CIP) Inspection [Eff. 12/1/14]Households that received assistance from the Crisis Intervention Program (CIP) must agree to have an inspection of the work performed, to ensure that the equipment is safe, when contacted by a state-authorized agency. Failure to permit the inspection may result in denial of leap benefits for the following year.
A. Exemptions 1. Households containing a member(s) whose mental health concerns could be exacerbated by presence of the inspector shall be exempt.2. A household whose landlord refuses to allow the inspector in the property shall not have benefits denied.B. Households Who Refuse CIP Inspection1. Households who refuse to allow the inspection shall not be approved for LEAP benefits for the following year and a LEAP denial hold shall be placed on the household at that address by the state LEAP office. The hold can only be removed by the state LEAP office.2. If the household has moved to another address, the household may be approved for a LEAP benefit if otherwise eligible.3. If a denied household subsequently allows the dwelling to be inspected, the household must reapply and, as long as other eligibility criteria are met, may be approved for LEAP benefits after notification from the inspecting agency that the inspection is completed.C. State CIP Contractor's Responsibilities The state contractor will:1. Assure that standards, as delineated in Sections A and B, above, are applied uniformly and equitably.2. Notify the state LEAP office by September 30th of each year of all households that refuse inspection.3. Notify households that refuse inspection that their refusal may result in denial of LEAP benefits for the following year.