99-346-24 Me. Code R. § 3

Current through 2024-50, December 11, 2024

Section 346-24-3 - Eligibility

Except as may be expressly provided for elsewhere in this Rule, eligibility shall be determined on the basis of information submitted by the Applicant as of the Date of Application. MaineHousing and Subgrantees reserve the right to ask for additional or clarifying information from Applicant, Household Members, or third parties to determine eligibility.

A. Household Eligibility.

1. The Applicant and each additional Household Member must be one of the following:

(1) a U.S. Citizen;

(2) a U.S. Non-Citizen National; or

(3) a Qualified Alien. If the Applicant or any Household Member does not meet this requirement they must be excluded from the total number of Household Members when calculating a Benefit. All documentation must be valid. Expired or absent documentation is not acceptable.

U.S. Citizenship or U.S. Non-Citizen National status may be verified using ONE of the following documents:

a. U.S. Passport

b. Maine Real ID

c. Certificate of Naturalization (N-550/N-570)

d. Certificate of Citizenship (N-560/N-561)

e. U.S. Birth Certificate

f. Document from federally recognized Indian Tribe that includes your name and the name of the federally recognized Indian Tribe that issued the document, and shows your membership, enrollment, or affiliation with the tribe. Documents that can be provided:

i. A Tribal enrollment card;

ii. A Certificate of Degree of Indian Blood;

iii. A Tribal census document;

iv. Documents on Tribal letterhead signed by a Tribal official

If the documentation listed above is unavailable for an Applicant or any Household Member, then Subgrantee may accept ONE document from each of the two lists (List A & List B) below to show U.S. Citizenship or U.S. Non-Citizen National status.

LIST A	LIST B
Social Security Card and Citizenship Attestation Form	Driver's license issued by a U.S. State or Territory
Consular Report of Birth Abroad (DS- 1350)	Identification card issued by the Federal, state or local government
Certification of Birth Abroad (FS-545)	School identification card
U.S. Citizen Identification Card (I-197)	A clinic, doctor, hospital, or school record, including preschool or day care records (for children under 19 years old)
Northern Mariana Card (I-873)	U.S. Military card or draft record or Military dependent's identification card
Military record showing a U.S. place of birth	U.S. Coast Guard Merchant Marnier card
U.S. medical record from a clinic, hospital, physician, midwife or institution showing a U.S. place of birth	Voter Registration Card
U.S. life, health or other insurance record showing U.S. place of birth	Two other documents that prove your identity, like employer identification cards, high school or college diplomas, marriage certificates, divorce decrees, property deeds or titles
Religious record showing U.S. place of birth recorded in the U.S.
School record showing the child's name and U.S. place of birth
Federal or State census record showing U.S. citizenship or U.S. place of birth
Final adoption decree showing the person's name and U.S. place of birth
Documentation of a foreign-born adopted child who received automatic U.S. Citizenship (IR3 or IH3)

Qualified Alien status may be verified using ONE of the following documents:
Alien lawfully admitted for permanent residence:	Permanent Resident Card, "Green Card" (I-551); OR Unexpired Temporary I-551 stamp in foreign passport or on INS Form I-94
Asylee	INS Form I-94 annotated with stamp showing grant of asylum under Section 208 of the INA; INS Form I-688B (Employment Authorization Card) annotated "274a.12(a)(5)" INS Form I-766 (Employment Authorization Document) annotated "A5" Grant letter from the Asylum Office or INS; OR Order of an immigration judge granting asylum
Refugee	INS Form I-94 annotated with stamp showing admission under § 207 of the INA; INS Form I-688B (Employment Authorization Card) annotated "274a.12(a)(3)" INS Form I-766 (Employment Authorization Document) annotated "A3" OR INS Form I-571 (Refugee Travel Document)
Alien Paroled into the U.S. for at least one year	INS Form I-94 with stamp showing admission for at least one year under section 212(d)(5) of the INA. (Cannot aggregate period of admission for less than one year to meet the one-year requirement)
Alien whose deportation or removal was withheld	INS Form I-688B (Employment Authorization Card) annotated ''274a.12(a)(10)''; INS Form I-766 (Employment Authorization Document) annotated ''A10''; OR Order from an immigration judge showing deportation withheld under § 243(h) of the INA as in effect prior to April 1, 1997, or removal withheld under § 241(b)(3) of the INA
Alien Granted Conditional Entry	INS Form I-94 with stamp showing admission under § 203(a)(7) of the INA; INS Form I-688B (Employment Authorization Card) annotated ''274a.12(a)(3)''; OR INS Form I-766 (Employment Authorization Document) annotated ''A3''
Cuban/Haitian Entrant	INS Form I-551 (Alien Registration Receipt Card, commonly known as a ''green card'') with the code CU6, CU7, or CH6; Unexpired temporary I-551 stamp in foreign passport or on *INS Form I-94 with the code CU6 or CU7; OR INS Form I-94 with stamp showing parole as ''Cuba/Haitian Entrant'' under Section 212(d)(5) of the INA

2. The Applicant must also verify their identity. All documentation must be valid. Expired or absent documentation is not acceptable. If the documentation provided by the Applicant to verify citizenship or legal status bears a photograph of the Applicant, this will be acceptable to verify identity. Otherwise, ONE of the following documents will be acceptable:

Driver's license	SNAP electronic benefit transfer (EBT) card with photo
State issued ID card	U.S. Military ID
Passport or passport card

If the documentation listed above is unavailable for the Applicant the Subgrantee may allow the Applicant to verify identity by providing TWO of the following documents:

Adoption Decree	Birth Certificate	Divorce Decree
Employer Identification Card	Foreign School Record that contains a photograph	High School or College Diploma
Marriage Certificate	Notice from a Public Benefits Agency (i.e. Notice of Decision from DHHS, Social Security Benefit Award Letter, MaineCare Award Letter)	Property Deed or Title Document
Social Security Card	Union or Worker's Center Identification Card	Voter Registration Card

If the Applicant cannot verify their identity they are not eligible for a Benefit. If the Applicant is applying on behalf of other eligible Household Members, at least one of the eligible Household Members must provide the required identity documentation.

3. All Household Members two years of age or older must provide proof of their Social Security Number (SSN). One of the following documents is acceptable provided it contains all nine digits of the Applicant's SSN and the Household Member's full name:

Bank tax form	Medicare card with number ending with the suffix "A"
Non SSA-1099 tax form	Social Security Card issued by the Social Security Administration
SSA 1099 tax form	Valid unexpired U.S. Military documents such as DD Form 214 Certificate of Release or Discharge from Active Duty issued by the U.S. Department of Defense
W-2 (wage and tax statement)

If the documentation listed above is unavailable for any Household Member the Subgrantee may allow the Household Member to provide one of the following documents:

Two recent paystubs (within the last sixty (60) days) showing Household Member's full SSN	Most recent (within the last two years) full Federal Tax Return showing Household member's full SSN and confirmation of filing
A Notice of Decision issued by a Public Benefits Agency that shows the Household member's full SSN	An Income Withholding Order/Notice for Support showing Household Member's full SSN
A recent (within the last year) Social Security Administration letter or notice showing Household Member's full SSN

If the Household includes a child under the age of 24 months old who has not received a SSN, the Application is processed. However, the Applicant must provide the child's SSN for subsequent Program Year Applications, after the child reaches the age of 24 months old.

4. On the Date of Application, all Household Members must be full-time residents of the State and reside, intend to reside, or have resided in a Dwelling full-time for at least four (4) months during a Heating Season and have a Direct Energy Cost or Indirect Determinable Energy Cost.

5. As part of the application process all Household Members 18 years of age or older must sign a release to grant permission to share their personal information between the Maine Department of Health and Human Services, the Maine Department of Labor, the Social Security Administration, Subgrantee and other organizations designated on the permission to share form and MaineHousing to determine eligibility for Benefits as well as eligibility for other programs administered by State, Federal and local agencies.

6. A Household's eligibility to receive benefits from Programs is contingent on the resolution of any Overpayment as described in Section 14, Errors and Program Abuse. During repayment a Household will be eligible for ECIP if they are in compliance with the terms of the repayment agreement. The Household will not be eligible under the HEAP Weatherization and the Department of Energy Weatherization Assistance Program, CHIP, or the Heat Pump Program until repayment is complete.

7. Roomers may be eligible Households if the Applicant can show a rental agreement that was in existence for at least sixty (60) days prior to the Date of Application and the Roomers meet all of the other eligibility criteria. The Roomers cannot comingle funds or share expenses with the lessor's Household and must show proof that a reasonable market rate rent has been paid under the rental agreement for the entire sixty (60) day period prior to the Date of Application.

8. A member of the Household who is away from the Dwelling Unit part of the time must be included as a Household Member unless the member is a full-time college student as described below in Section 3(A)(9).

9. A full-time college student, up to age 23 years old, or more than 23 years of age if permanently or totally disabled, who is a dependent of the Household may be excluded from the Household if the Applicant chooses as long as the student is not the Applicant.

10. A Live-In-Care Attendant who (i) provides needed health/supportive services to a member of the Household as documented by a qualified professional; (ii) would not be living in the unit expect to provide the necessary supportive services; and (iii) does not contribute financially to the Household, will not be consider part of the Household. If an individual does not meet this definition, they must be included as a Household Member.

11. TANF Fuel Supplemental Benefits. A Household may be eligible for TANF Fuel Supplemental Benefits if its Application for HEAP has been certified eligible in the current Program Year and on the Date of Application the Household included at least one member who was under the age of eighteen (18) and the Dwelling Unit was not considered Subsidized Housing with heat included.

B. Dwelling Unit Eligibility.

1. The Dwelling Unit must:

a. Have a Functioning Heating System;

b. Be occupied by the Household as its primary residence on a full-time/year-round basis;

c. Be permanently connected to or serviced by standard utilities such as electricity and water unless the Household can provide supporting documentation to show the Household occupies the Dwelling Unit as its primary residence on a full- time/year-round basis; and

d. Be a residential housing structure with one or more rooms that was originally constructed and designed as permanent living quarters.

2. A Dwelling Unit does not include a camper, trailer, semitrailer, truck camper, motor home, boat, railroad car, bus, yurt or any other structure designed and constructed to provide temporary living quarters, regardless of any and all modification(s) or length. For Fuel Assistance only, a Dwelling Unit may include a hotel or motel if the Household provides documentation showing that the hotel/motel has been their permanent residence for at least sixty (60) days prior to the Date of Application.

3. A Dwelling Unit that is considered Subsidized Housing may be eligible for Fuel Assistance if the heat is included in the rent and the Household pays a portion of their rent or utility costs.

4. Dwelling Units that are used partially for business activity are eligible.

C. Income Eligibility

Income Eligibility is based on documented Household Income or Categorical Income Eligibility. MaineHousing uses the federal Poverty Income Guidelines and State Median Income Guidelines as reported annually by the United States Department of Health and Human Services. MaineHousing reserves the right to manage the Programs within those guidelines when determining benefits.

1. Household Income is determined and verified in accordance with the information provided on the Application. Household Income means the total combined income of all Household Members (not otherwise excluded) from all sources before taxes and deductions and is verified in accordance with the guidelines in the HEAP Handbook. Household Income includes, but is not limited to, the following:

a. Wages, salaries, and bonuses before any taxes or deductions;

b. Self-employment income;

c. Social Security Retirement (SS), Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI) Benefits;

d. Unemployment and worker's compensation and/or strike benefits from union funds;

e. Spousal support or alimony received by a Household Member, or mortgage/rent payments in lieu of or in addition to payments;

f. Court ordered or voluntary child support payments received by a Household Member, or mortgage/rent payments in lieu of or in addition to support payments;

g. Military allotments (pay);

h. Veteran's Benefits;

i. Other support from an absent family member or someone not living in the Household excluding loans;

j. Income of person living in the Household who is a non-qualified alien and 18 years of age or older;

k. Government employee pensions, private pensions, and regular annuity payments;

l. Income from dividends, rents, royalties, estates, trusts, and interest. Interest income under $200.00 must be included as income, but does not need to be supported by documentation;

m. Net rental income, including funds received from Roomers;

n. Winnings from any source of gambling or gaming is considered income including, but not limited to private gambling, lottery, horse racing, bingo, etc.;

o. Jury duty fees.

Household Income does not include:

a. Assets drawn down from financial institutions;

b. Foster care payments;

c. Adoption assistance;

d. In-kind payments to a Household Member in lieu of payment for work, including the imputed value of rent received in lieu of wages or items received in barter for rent;

e. Capital gains (except for business purposes);

f. Income from the sale of a primary residence, personal car, or other personal property;

g. Tax refunds;

h. One-time insurance payments;

i. One-time compensation for injury;

j. Non-cash income such as General Assistance voucher payments, the bonus value of food and fuel produced and consumed on farms, and the imputed value of rent from owner- occupied farm housing;

k. Bank loans, reverse mortgages, and home equity loans;

l. Reimbursement for expenses incurred in connection with employment;

m. Reimbursement for medical expenses;

n. Any funds received for education from grants, loans and scholarships, and work study;

o. Retroactive payments and overpayment adjustments from an entitlement program for a time period outside of the period being considered for HEAP eligibility (i.e. worker's comp, social security benefits, etc.);

p. Income earned by a Household Member who is a full time high school student, unless they are the Applicant;

q. Income earned by a full-time college student who is not counted as a Household Member in accordance with this Rule;

r. Combat zone pay to the military;

s. Credit card loans/advances;

t. All income used to fulfill a Social Security Administration Program to Achieve Self- Sufficiency (PASS);

u. Federal payments or benefits excluded by law as set forth below:

i. Payments received under Title II of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (84 Stat. 1902, 42 U.S.C. 4636).

ii. Payments of land settlement judgments distributed to or held in trust for members of certain Indian Tribes under Public Laws 92-254, 93- 134, 93-531, 94- 114; 94-540, 97-458, 98-64, 98-123 and 98-124.

iii. Funds available or distributed pursuant to Public Law 96-420, the Maine Indian Claims Settlement Act of 1980 (25 U.S.C. 1721 et. seq.) to members of the Passamaquoddy Tribe, the Penobscot Nation and the Houlton Band of Maliseet Indians.

iv. The value of the allotment provided a household under the Supplemental Nutrition Assistance Program (7 U.S.C.A. 51).

v. The value of assistance to children as excluded under the National School Lunch Act (42 U.S.C. 1760(e)) and under the Child Nutrition Act of 1966 (42 U.S.C. 1780(b)).

vi. The value of commodities distributed under the Temporary Emergency Food Assistance Act of 1983 (Public Law. 98-8, 7 U.S.C. 612c).

vii. Allowances, earnings and payments to individuals participating in programs under the Workforce Innovation and Opportunity Act https://www.congress.gov/113/bills/hr803/BILLS-113hr803enr.pdf

viii. Program benefits received under the Older Americans Act of 1965 (42 U.S.C. sub-section 3020(a)[b]) as wages under the Senior Community Service Employment Program (SCSEP).

ix. Payments to volunteers under the Domestic Volunteer Service Act of 1973 (Public Law 93-113, 42 U.S.C. 5044).

x. The value of any assistance paid with respect to a dwelling unit under the United States Housing Act of 1937, the National Housing Act, Section 101 of the Housing and Urban Development Act of 1965, or Title V of the Housing Act of 1949.

xi. The tax-exempt portions of payments made pursuant to the provisions of the Alaska Native Claims Settlement Act (Public Law 92-203, 43 U.S.C. 1620(a)).

xii. Payments for supportive services or reimbursement of out-of-pocket expenses made to individual 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) and any other programs under Titles II and III, pursuant to Section 418 of Public Law 93-113.

xiii. Any wages, allowances or reimbursement for transportation and attendant care costs, unless accepted on a case-by-case basis, when received by an eligible handicapped individual employed in a project under Title VI of the Rehabilitation Act of 1973 as amended by Title II of Public Law No. 95-602.

xiv. All student financial assistance including the following programs funded under Title IV of the Higher Education Act as amended:

1) Pell Grants;

2) Supplemental Educational Opportunity Grants;

3) Grants to States for State Student Incentives;

4) Special Programs for Students from Disadvantaged Backgrounds;

5) Special Programs for Students Whose Families are Engaged in Migrant and Seasonal Farm work;

6) Robert C. Byrd Honors Scholarship Program;

7) Assistance to Institutions of Higher Education;

8) Veterans Education Outreach Program;

9) Special Child Care Services for Disadvantaged College Students;

10) Payments to veterans for Aid and Attendance benefits.

An adjustment to a Household Member's gross income will be made for court ordered child support payments made by the Household Member that are documented as paid during the income period.

An adjustment to a Household's gross income may be made if the Household is over income and has documented medical expenses that were paid during the income period. The amount of medical expenses deducted will be equal to only the amount necessary to make the Household eligible. Medical expenses are defined by Internal Revenue Service Publication 502, as the same may be amended from time to time.

The income of Household Members who do not meet the citizenship or legal status requirements must be included in the Household's income.

2. Categorical Income Eligibility. Household Members who are included on a Maine DHHS Notice of Decision or similar document containing the same information, as determined acceptable by the Subgrantee, for TANF or SNAP assistance will have Categorical Income Eligibility for HEAP. Household Members with Categorical Income Eligibility may have their income determined at a pre-established percentage of the federal poverty level, or using actual vetted income if provided by Maine DHHS. Household Members who are not included in the Notice of Decision must provide income documentation as outlined in this Rule and HEAP Handbook.

99-346 C.M.R. ch. 24, § 3