9 Colo. Code Regs. § 2503-7-3.758
If, prior to payment, an eligible household's circumstances change, which involves separation or divorce of a marriage or common law arrangement, and the household includes dependent children, the Heating Fuel Assistance Program payment(s) shall be provided to the parent or guardian who resides with and has the responsibility for the care of the dependent children.
If the household does not include dependent children, the Heating Fuel Assistance Program payment(s) shall be paid to the person listed as applicant.
When the payee for a Heating Fuel Assistance Program benefit dies, any payment to which the payee was entitled shall be kept available according to the following rules:
For an approved household which pays home heating costs directly to a fuel vendor, payment shall be made as a vendor payment, provided a written vendor agreement has been secured. The State Department shall be required to provide vendors servicing their county with an opportunity to sign the state prescribed vendor agreement. County departments/Contractor shall provide vendors with applications, brochures, envelopes, and other outreach material. In cases where a written vendor agreement has not been secured, payment shall be issued directly to the eligible household.
For an approved household that pays home heating costs to a landlord, payment of the Heating Fuel Assistance Program payment shall be made directly to the eligible household. Under no circumstances shall a direct payment be made to a landlord.
If the household has received a notice from the vendor to terminate services or has already had services terminated, the household is responsible to negotiate a payment arrangement with their vendor.
The payment amount for an eligible Heating Fuel Assistance Program household shall be determined in accordance with the following method:
Step A. Determine Estimated Home Heating Costs (EHHC)
The county department/Contractor shall determine estimated home heating costs for November 1st through April 30th for the household's current residence at the time of application. The methodology for calculating estimated home heating costs is outlined below.
The county department/Contractor shall determine the applicant household's estimated home heating costs as follows:
Step B Initial Statewide Adjustment
The State LEAP office will adjust benefit levels at the beginning of each LEAP program year based upon the projected number of leap applications to be received and the estimated level of funding. Annually, this calculation determines the percentage of the estimated home heating costs (EHHC) of the applicant household to be adjusted.
Step C. Adjustment for Electric Heat
Households using electric heat will have their electric usage costs reduced to the percentage amounts listed below.
HEAT PORTION OF TOTAL ELECTRIC EHHC | |
House/mobile home | 62% for heat |
Townhouse / duplex / triplex / fourplex | 48% for heat |
Apartment, condominium, hotel, Cabin, Tiny Home | 43% for heat |
RV, 5th wheel, camper | 50% for heat |
Step D. Adjustment Household Income Contribution
The state department shall reduce the amount the of estimated home heating costs (EHHC) based on the chart below to determine the household income contribution:
LEVEL OF FEDERAL POVERTY LEVEL | EHHC ADJUSTMENT |
0 - 75% FPL | 0% |
75.01 - 125% FPL | 10% |
125.01 - 175% FPL | 20% |
175.01+% + | 30% |
Step E. Adjustment for Shared Living Arrangements
The estimated home heating costs shall be adjusted if the household shares living arrangements with other households but is determined to be a separate household as defined in the "Definitions" section of these rules. If the household shares living arrangements with other households, the estimated home heating cost shall be divided by the number of separate households sharing the living arrangements, whether or not all households sharing the living arrangements are eligible for the Heating Fuel Assistance Program.
Step F. Adjustment for Subsidized Housing Home Heating Allowance
The State Department shall adjust the amount of estimated home heating cost remaining after Step B if the household resides in subsidized housing (as defined in the "Definitions" section of these rules). A flat rate rental cost allowance for heating ($30 per month or $180 per heating season) shall be deducted from the remaining amount of estimated home heating costs. If the household does not live in subsidized housing, the amount remaining after Step B shall be the estimated home heating cost.
Step G. Determine Heating Fuel Assistance Program Amount
The State Department shall determine a benefit amount for each eligible household by subtracting the applicable adjustments listed above, in Steps B-F from the household's estimated home heating costs (EHHC) determined in Step A, 1-3. Any eligible household will receive at least the minimum, up to and including, the maximum benefit amount established by the Department for the LEAP program year.
The State Department will provide the county departments advance written notice of any statewide benefit level adjustments.
Any statewide adjustment to the LEAP benefit level cannot be appealed.
The benefit amount in a prior LEAP program year is not indicative of a current LEAP program year benefit amount and benefit levels may vary from program year to program year depending on funding and the applicant pool.
If the benefit is not properly claimed within the current federal fiscal year for the period of intended use, the household will forfeit the remaining benefit.
9 CCR 2503-7-3.758