13-290 Code Vt. R. 13-170-290-X
11/01/09
The Low-Income Home Energy Assistance Act, Title XXVI of the Omnibus Budget Reconciliation Act of 1981, authorized grants to states to help eligible households with home heating expenses. This act was reauthorized, with amendment, by Title VI of the Human Services Reauthorization Act of 1984, by Title V of the Human Services Reauthorization Act of 1986, by Title VII of the Augustus F. Hawkins Human Services Act of 1990 and by Title III of the Human Services Amendments of 1994 ( Public Law 103-252).
33 V.S.A. Chapter 26, "Home Heating Fuel Assistance," establishes a home heating fuel assistance program for low-income households that has both a seasonal component and a crisis component, to be administered by the Office of Home Heating Fuel Assistance.
33 V.S.A. Chapter 26, also creates a home heating fuel assistance fund to be composed of the receipts from any taxes dedicated to the fund and such other funds as may be appropriated to it by the General Assembly, including funds from the federal Low-Income Home Energy Assistance Program (LIHEAP).
Annually in the LIHEAP block grant plan, an amount of funds will be identified as being set aside for the crisis component from the home heating fuel assistance fund.
Sections 2900 - 2913 of the department's Policy Manual provide rules for the seasonal component of the home heating fuel assistance program. Rules for the crisis component are found in sections 2950 - 2958.
The seasonal component of the Vermont home heating fuel assistance program, hereinafter referred to as the Fuel Program, provides home heating fuel assistance to households responsible for making payments for their heat directly to a fuel supplier certified by the Fuel Program. The Fuel Program also provides assistance to households whose living unit rent, fees, or charges include the cost of the living unit's primary heating source, and to households who rent one or more rooms as separate living quarters in someone else's living unit.
In the event that the department receives LIHEAP contingency funds or funds from another source between September 1 and March 31 of any state fiscal year, these funds will be allocated as follows:
The additional funds allocated to seasonal assistance will be issued to households that make payments for their home heat directly to a fuel supplier (WAM 2906 a.) and to households that make undesignated payments for their home heat in the form of rent (WAM 2906 b.). Calculation of seasonal benefit amounts will be made according to the provisions of WAM 2906, Benefit Levels, and the benefits will be distributed to certified fuel suppliers or to eligible households according to the provisions of WAM 2907, Benefit Issuance.
Any allocation or distribution of additional funds that is not consistent with the provisions described herein shall be made in accordance with emergency rules adopted for this purpose. Before adopting any emergency rule relating to additional funds, the department will consult with the Home Energy Assistance Task Force and all community organizations under contract to the department to operate the crisis assistance component of the program.
The Department of Social Welfare will establish a line of credit with a supplier of home heating fuel on behalf of an eligible Fuel Program household if the supplier enters into a certification agreement with the department and agrees to abide by all of the following terms and conditions:
* their credit or debit balance as of the last statement,
* deliveries or usage since that statement,
* payments made or applied, indicating their sources, since that statement, and
* the ending credit or debit balance.
* the supplier's customers who are eligible Fuel Program recipients for the benefit period November 1 through March 31,
* the total amount of Fuel Program benefits authorized for each recipient,
* how the total amount has been allocated over the heating season (the allocation schedule), and
* the schedule of when benefits will be issued to the supplier via direct bank deposit.
A Fuel Program recipient that has an outstanding bill with its primary heating fuel supplier at the time the benefit is issued may use up to 17 percent of its Fuel Program benefit to pay a portion or all of the oustanding debit balance for home heating fuel delivered prior to November 1, provided the household and its fuel supplier enter into an agreement for a budget payment plan for fuel or a repayment plan for fuel arrears. Under no circumstance can benefits be used to pay for charges for re-connection of services.
Notwithstanding the requirements described above, eligible households whose primary heating fuel is wood may use up to 100 percent of the benefit to pay for wood deliveries received prior to November 1.
The director of the Office of Home Heating Fuel Assistance or her or his designee shall negotiate with one or more certified fuel suppliers to obtain advantageous pricing and payment terms for eligible households.
The Commissioner of the Department of Prevention, Assistance, Transition, and Health Access or her or his designee will enter into agreements with fuel suppliers certified by the Fuel Program to engage in cost-effective purchasing practices that increase the purchasing power of Fuel Program benefits.
Summer fuel purchase agreements may be made for any home heating fuel purchased by program recipients. All summer fuel purchase agreements are subject to the terms and conditions of Fuel Supplier Certification (WAM 2912).
The Fuel Program benefit dollar amount specified in any summer fuel purchase agreement will be based on the past number of fuel assistance recipients served by the certified fuel supplier and a projected average annual Fuel Program benefit for the upcoming fuel season.
The Office of Home Heating Fuel Assistance will inform program recipients and suppliers which seasonal fuel benefits will be subject to the terms of a summer fuel purchase agreement. Home heating fuel obtained subject to the terms of a summer fuel purchase agreement will be available to fuel assistance recipients on a first-come-first-served basis. Program recipients are responsible for paying for home heating fuel not covered by seasonal fuel benefits.
Fuel suppliers who choose not to enter into a summer fuel purchase agreement are eligible to participate in the Fuel Program subject to the terms and conditions of Fuel Supplier Certification (WAM 2912).
The Office of Home Heating Fuel Assistance will make available a list of certified fuel suppliers who have entered into summer fuel purchase agreements. Fuel Program recipients will be advised in their benefit grant notice of the key terms of any summer fuel purchase agreement entered into by their certified fuel supplier.
The department may seek recoupment of benefits representing an overpayment resulting from intentional program violation, fraud or a benefit issuance that occurs by department or client error.
The following subsections specify the criteria that are considered in determining the composition of a specific applicant's fuel household and other factors used in determining the applicant's eligibility for fuel assistance benefits.
A living unit is one or more rooms within a permanent structure that is used customarily as a domicile for one or more persons, contains bathroom and kitchen facilities specific to that living unit, and has its own private entrance from the outside or off an enclosed hallway leading from the outside that does not pass through or offer open access to any other living unit within the structure.
Separate living quarters are one or more rooms within a living unit for which a roomer (or roomer/boarder) fuel household (as defined below) provides reasonable room rent (compensation) (as defined below) to the head of household of the living unit (as defined below) in return for exclusive occupation of a designated room or rooms within the living unit. To qualify as separate living quarters the roomer fuel household must have exclusive occupation of the room or rooms the roomer fuel household uses for sleeping.
The head of household is the person, his or her spouse, or his or her civil union partner who is financially responsible for the cost of occupying the living unit or separate living quarters. In the case of home ownership, the head of household is the person whose name appears on the real estate deed for the living unit or that person's spouse or civil union partner. In the case of a tenancy based on a lease or an oral contract for payment of rent or reasonable room rent, the head of household is the person whose name appears on the lease or the person who has entered into an oral contract with the property owner (or his or her agent) to pay rent for the living unit or, in the case of separate living quarters, to pay room rent to the living unit's head of household or that person's spouse or civil union partner. In situations in which more than one person qualifies as the head of household, the head of household may be any one of the persons who qualify or the spouse or civil union partner of a person who qualifies as a head of household.
The fuel household is one or more persons who reside in the same living unit as a single economic unit who, in common, customarily purchase energy for home heating fuel or who, in common, make undesignated payments for energy for home heating fuel in the form of rent. The rules used to establish the composition of a specific applicant's fuel household are found in 2901.2 below.
A roomer (or roomer/boarder) fuel household is one or more persons that pay reasonable room rent (compensation) to the living unit's head of household, his or her spouse, or his or her civil union partner for exclusive occupation of one or more rooms as separate living quarters within the head of household's living unit. The mandatory members of the roomer fuel household are:
Inclusion of any other person in the roomer (or roomer/boarder) fuel household shall be at the discretion of the head of household of the separate living quarters with the following exception: the roomer fuel household may not include any person who, in accordance with these regulations, is required to be included in the fuel household of the head of household of the living unit, when that person applies for fuel assistance for the same heating season.
Reasonable room rent (compensation) for exclusive occupation of one or more rooms as separate living quarters within a living unit is any amount paid that equals or exceeds:
The primary heating source is the fuel from which a household derives the largest portion of its heat. The primary heating source is considered to be shared unless the supplier of the primary fuel can, for billing purposes, identify discrete user groups within the living unit (e.g. separate meters or storage tanks).
Elderly is defined as age 60 or older.
Disabled is defined as being eligible for and in actual receipt of social security, SSI/AABD, railroad retirement, or federal employee or other pension plan benefits, based on a determination that the recipient was and remains totally and permanently or 100 percent disabled; or being a beneficiary of Vermont Medicaid coverage due to categorical eligibility based on a determination that the beneficiary was and remains totally and permanently disabled.
Civil union partner means one member of a same-sex couple who have entered into a civil union in accordance with 15 V.S.A. chapter 23 and whose civil union has not been legally dissolved. Civil union is the legal relationship established between two same-sex individuals pursuant to 15 V.S.A. chapter 23 and 18 V.S.A. chapter 106.
11/01/09
Households are potentially eligible for Fuel Program benefits provided they meet the criteria defined below.
Applicants must occupy a living unit or separate living quarters in Vermont, as their primary residence, and intend to occupy that living unit or separate living quarters or another living unit or separate living quarters in Vermont indefinitely in order to be eligible for fuel assistance, with the following exception: migrant workers will be determined eligible for fuel assistance if they meet all other applicable eligibility requirements. The standard for primary residence is the fuel household's or roomer fuel household's occupation (or, for new Vermont residents, the household's intent to occupy) of a living unit or separate living quarters, located in Vermont, as their primary residence during any month(s) during the benefit period of November 1 through March 31.
Applicants must have total fuel household income and total fuel household resources that do not exceed the allowable maximums (Fuel Procedures Manual P-2905 A and Fuel Rules 2903.
Whether or not a person residing in the living unit is required to be included in the fuel household is determined in accordance with the provisions specified below.
The following persons are included in a fuel household based on their legal responsibility for the financial support of the head of household of the living unit or another member of the household:
These relatives of the head of household are included in the fuel household based on the presumption that they are members of the same economic unit: mother, father, adult daughter, adult son, sister, brother, grandmother, grandfather, granddaughter, and grandson. The relatives specified herein include blood-based relationships and relationships created by adoption or marriage (for example, a father-in-law or an adult stepdaughter) or civil union.
To rebut the presumption that a specified relative is a member of the same economic unit as the head of household, the head of household must provide reasonable evidence (see Section 2905 ) that:
All other persons residing in the living unit are included in the applicant's fuel household unless the head of household provides reasonable evidence (see section 2905 ) that the person qualifies for exclusion from the fuel household based on one or more of the following four criteria:
A roomer (or roomer/boarder) fuel household (as defined in 2901.1, #6) that occupies exclusively one or more rooms within a living unit as separate living quarters must pay reasonable room rent (compensation), weekly or monthly, for its separate living quarters in order to be potentially eligible for fuel assistance. In-kind payment for the separate living quarters, regardless of its equivalent value, does not constitute reasonable room rent. In addition, the roomer (or roomer/boarder) fuel household's total countable income and total countable resources shall not exceed the allowable maximums (Fuel Procedures Manual P-2905 A and Fuel Rules 2903. 1) .
Households that participate in a public or Section 8 housing program, where their rent is based on their income or where their Section 8 pays for their mortgage, are potentially eligible for fuel assistance provided they meet all applicable eligibility criteria. However, public or Section 8 households will remain potentially eligible only as long as a requirement to provide LIHEAP benefits to those housing program residents exists under federal law.
Reach Up and SSI/AABD recipients are not automatically deemed to be participating in a public or Section 8 housing program solely as a consequence of receiving Reach Up or SSI/AABD benefits.
Therapeutic Treatment Centers | Nursing Homes |
Religious and Fraternal Homes | Maternity Homes |
Community Care Homes (also known as Residential Care Facilities) | Halfway Homes |
Drug, Alcohol and | |
Rehabilitation Centers |
Eligibility for Fuel Program assistance will be determined annually for the ensuing heating season after receipt of a completed and signed application submitted to the Office of Home Heating Fuel Assistance within the Economic Services Division (ESD) of the Department for Children and Families (DCF).
The application must indicate all persons residing in the living unit, and the income and resources of all household members must be reported. For households that make payments for their heat directly to a fuel supplier, the application must include the identification of the supplier of the household's primary heating fuel. In addition, as required by 33 V.S.A. Chapter 26, applicants must consent to receive services from the home weatherization assistance program as a condition of receipt of benefits. The head of household must sign the application to certify that information on all household members is correct.
Households may apply for Fuel Program benefits during the application period. Applicants will be encouraged to apply during the primary application period to ensure that they receive the full season's benefit in as timely a manner as possible. Applicants must submit applications during the specified application period to have their eligibility determined for the Fuel Program for all or a portion of the ensuing heating season of November 1 through March 31 (see section 2906 ).
By agreement between the Economic Services Division of the Department for Children and Families and the Department of Disabilities, Aging and Independent Living, certain designated Area Agencies on Aging will distribute applications and information to individuals who are age 60 or older or disabled and will assist in the completion of applications for individuals needing such assistance.
By agreement between the Economic Services Division and the Office of Economic Opportunity, both within the Department for Children and Families, designated Community Action Agencies may perform outreach, distribute applications, and assist in the completion of applications.
Only the Director of the Office of Home Heating Fuel Assistance or his or her designee(s) may determine eligibility and authorize payments.
Resources include all liquid assets such as, but not limited to, cash, checking and savings account balances, stocks and bonds, certificates of deposit, lump sum payments, and equity in all real property not used as a home.
The following shall be excluded from consideration as a resource:
11/01/09
Resources belonging to all household members shall be considered together in determining eligibility for all Fuel Program benefits.
Resource maximums for Fuel Program benefits shall be:
$ 10,000 for households with one or more members who are elderly, or
$ 5,000 for all other households.
The household's resources shall be considered at the time of application. Households in which all members receive Reach Up, or SSI/AABD automatically meet the resource test for eligibility for Fuel Program benefits.
Resources owned jointly shall be considered available in their entirety, unless it can be demonstrated by the applicant household that such resources are inaccessible to that household. If the household can demonstrate that it has access to only a portion of the resource, the value of that portion of the resource shall be counted toward the household's resource level. The resource shall be considered totally inaccessible to the household if the resource cannot practically be subdivided and the household's access to the value of the resource is dependent upon the agreement of the joint owner who refuses to comply.
Income for the Fuel Program shall be the combined gross income of all members of the household computed with regard to definitions, disregards, deductions, exclusions and adjustments in sections 2904.2 - 2904.3. Cents are carried throughout the computation to arrive at the final net income, and then are dropped. Negative income (a loss) shall be considered as zero income.
To the extent that the department collects and maintains income information within its automated data system on recipients of ongoing program benefits administered by the department, such income information will be used for the determination of eligibility and benefits for the Fuel Program, if such income information is more current than that provided on the fuel application. For all other households, the gross income of the household for the 30 days prior to the date of the application, as reported on the application form, will be used in determining eligibility, unless income is from self-employment. (See section 2904.2 for calculating self-employment income)
If a type of income has begun or ended within thirty days prior to the application date or is expected to begin or end in the thirty days following the date of application, income for the Fuel Program shall be based on a reasonable projection of the amount of income expected to be received in the months following the month of change.
Eligibility for the Fuel Program shall be limited to a household with income computed per sections 2904 through 2904.3, which is at or below the allowable maximums amount for household size shown in the Fuel Income Maximum Table which is found in Fuel Procedures at P-2905 A). Due to restrictions specified by 33 V.S.A. Chapter 26, under which this program is established, these amounts cannot exceed 125 percent of the federal poverty guideline for a family of the same size as the Fuel Program household. Income tables will be updated annually according to federal poverty guidelines.
Household income is the total income of all Fuel Program household members sharing a primary heating source (as defined in section 2901.1), excluding only income specified in section 2904.3.
Earned income includes, but is not limited to:
Calculating Self-Employment Income
For applicants receiving ongoing benefits from programs administered by ESD, the most recently reported net income from self-employment that has been used to determine eligibility for any of these programs will be used for determination of eligibility for the Fuel Program.
For applicants not currently receiving any other benefits, net income, net gains from sales of capital goods or equipment, and depreciation amounts reported on the most recently filed federal income tax forms will be used.
Applicants who are not receiving any other ongoing benefits from ESD and who have not filed an income tax report within the previous twelve months will have their self-employment income determined according to food stamp rules at 273.11a.
Unearned income is the gross amount available from sources which include, but are not limited to:
11/01/09
Income shall not include the following:
The room-and-board portion of income received by developmental home providers furnishing qualified foster care to individuals placed by the Vermont Department of Health (VDH), or by a developmental or mental health services agency under contract with VDH. Compensation received in addition to that intended to cover room and board, considered difficulty-of-care payments, is earned self-employment income and is not excluded.
11/01/09
Benefit levels to households are determined as follows:
The benefit level for which a Fuel Program household is eligible is dependent on the size of the household, its income, the annual primary heating fuel cost, the level of program funds available, and the number of households eligible for a benefit.
All net benefit computations shall have cents dropped down to the next whole dollar.
11/01/09
Each household that participates in a public or Section 8 housing program, where their rent is based on their income or where their Section 8 pays for their mortgage, and that makes payments for their home heat directly to a fuel supplier, will have its annual primary heating fuel costs reduced by an annualized standard heating subsidy deduction prior to determining the percentage of heating costs to be met by the Fuel Program. This standard is derived from Housing and Urban Development (HUD) heating subsidy amounts, called allowances by HUD, which are developed by the Vermont State Housing Authority and are specified by housing type, fuel type, and number of bedrooms. These subsidy amounts are located in the Standard Heating Subsidy Tables in the Fuel Program section of the welfare procedures manual.
11/01/09
Benefit amounts for eligible households are established by applying a heating cost percentage table, based on household size and income, to the household's annual primary heating fuel cost, and limiting payments to a maximum benefit amount. In no instance shall the percentage of a household's benefit exceed 90 percent of that household's fuel cost.
Benefit amounts are determined according to the following steps:
For households that participate in a public or Section 8 housing program, where their rent is based on their income or where their Section 8 pays for their mortgage, and make payments for their home heat directly to a fuel supplier, this annual heating cost amount is reduced by the standard heating subsidy deduction, yielding a net annual heating fuel cost.
If total program funds are not known at the time that the first line of credit for the heating season is issued, adjustments to payment rates for subsequent issuances may be necessary. If adjustments are necessary, payment rates will be set separately by procedure for each line of credit issuance.
The following tables are adopted for the purposes of determining benefit amounts for eligible Fuel Program applicants:
Table I | Table II | Table III | Table IV |
Household Income as a Percentage of Poverty Guideline | Minimum Heating Fuel Costs | Heating Cost Percentage | Maximum Benefit Amount |
115% - 125% | $ 266 | 66% | $ 1165 |
105% - 114% | 243 | 69% | 1215 |
95% - 104% | 219 | 72% | 1265 |
85% - 94% | 196 | 75% | 1315 |
75% - 84% | 172 | 78% | 1365 |
65% - 74% | 149 | 81% | 1415 |
55% - 64% | 125 | 84% | 1465 |
45% - 54% | 125 | 87% | 1515 |
Under 45% | 125 | 90% | 1565 |
11/01/09
The annual primary heating fuel cost is based on the following standard heating cost tables (referred to as "proxy tables"). The tables were derived from the actual home heating consumption of fuel assistance recipients and developed in consultation with experts in the home energy field. The tables provide only the cost of fuel or energy for home heat. The tables are revised no less frequently than every three years based on data supplied by certified fuel suppliers to the Office of Home Heating Fuel Assistance.
Standard Heating Cost Tables |
Multi Family Homes |
Fuel Type | 1 Bedroom | 2 Bedrooms | 3 Bedrooms | 4 + Bedrooms |
Natural Gas | $ 769 | $ 957 | $ 1,145 | $ 1,332 |
Propane | $ 891 | $ 1,388 | $ 1,885 | $ 2,383 |
Oil | $ 1,642 | $ 2,195 | $ 2,747 | $ 3,300 |
Kerosene | $ 1,283 | $ 1,771 | $ 2,255 | $ 2,737 |
Electricity | $ 878 | $ 962 | $ 1,046 | $ 1,130 |
Firewood, Wood Pellets and Coal | $ 894 | $ 1,014 | $ 1,106 | $ 1,183 |
Single Family and Mobile Homes |
Fuel Type | 1 Bedroom | 2 Bedrooms | 3 Bedrooms | 4 + Bedrooms |
Natural Gas | $ 1,024 | $ 1,211 | $ 1,399 | $ 1,587 |
Propane | $ 1,720 | $ 2,217 | $ 2,714 | $ 3,212 |
Oil | $ 1,862 | $ 2,414 | $ 2,967 | $ 3,519 |
Kerosene | $ 1,832 | $ 2,308 | $ 2,784 | $ 3,259 |
Electricity | $ 1,537 | $ 1,621 | $ 1,705 | $ 1,789 |
Firewood, Wood Pellets and Coal | $ 1,277 | $ 1,321 | $ 1,365 | $ 1,409 |
Rooms may be counted as bedrooms, even though they are not presently being used for such purposes, provided that they would likely be counted as bedrooms in any advertisement for the sale or rental of the home or unit.
11/01/09
The benefit period shall be from November 1 through March 31 or until Fuel Program funds are exhausted or redesignated to the crisis component.
Notwithstanding any other provision of rules governing the administration of the Fuel Program, payment of benefits shall be made only to the extent that funds are actually available.
In accordance with the requirements of 33 V.S.A. Chapter 26, all federal funds granted to the state for home heating fuel assistance under the Low Income Home Energy Assistance Program (LIHEAP) or other similar federal program in any current fiscal year, and all unexpended LIHEAP funds granted to the state in any prior fiscal year, shall be appropriated to the Home Heating Fuel Assistance Fund for the provision of home heating fuel assistance, including program administration, under Chapter 26 of Title 33.
Any issuance of benefits after December 31 is contingent upon the availability of federal LIHEAP funds or, in their absence, the appropriation of state funds. In addition, if the total program funds are not known at the time of the issuance of the first benefit payments, adjustments to subsequent payment rates may be necessary. If adjustments to payment rates are necessary, subsequent rates will be set separately by procedures for each line-of-credit issuance.
11/01/09
Benefit payments to households are made as follows:
11/01/09
Benefits shall be used for primary home heating fuel or energy purchased during the heating season from November 1 to March 31, or as otherwise permitted in this section. Under no circumstances will fuel suppliers be allowed to pay a benefit or a credit balance to a fuel household.
An eligible household that has an outstanding bill with its primary heating fuel supplier may, at its discretion, and provided that the household and its fuel supplier enter into an agreement for a budget payment plan for fuel or a repayment plan for fuel arrears, use up to 17 percent of the benefit amount for fuel delivered prior to November 1.
Under no circumstance may benefits be used to pay for repairs to a household's heating system, parts, special trip charges, or any non-heat uses.
Any credit balance outstanding on March 31 may be applied to home heating fuel or energy delivered in the month of April.
Notwithstanding the requirements described above, eligible households whose primary heating fuel is firewood or wood pellets may use up to 100 percent of the benefit to pay for firewood or wood pellet deliveries received prior to November 1.
All benefit payments remain the property of the state of Vermont until actually used by the fuel supplier for the provision of home heating fuel to eligible households.
In the event that on April 30 of any year a credit balance exists in a certified fuel supplier's account for a household that has received annual home heating fuel assistance during the previous 12 months, and the total cost of fuel delivered to the household during the previous 12 months did not exceed the total Fuel Program benefits received by the household during that same period of time, that certified fuel supplier is required to pay the amount of this credit balance to the Office of Home Heating Fuel Assistance no later than May 31 of the same year.
In a primary heat crisis situation a household may have their seasonal fuel application expedited by the Fuel Assistance Office and, if eligible, have their seasonal fuel benefit paid to a certified fuel supplier within 10 business days when all of the following conditions are met:
Once a household has been determined eligible and a benefit has been issued for the ensuing heating season, changes of household income, size, or any other household circumstance do not need to be reported and will not affect eligibility or benefit levels for that household.
The following circumstances, however, will result in withholding any future lines of credit or will require a refund to the department of any unused benefits issued on behalf of that household with its primary heating fuel supplier:
If a household changes its primary supplier of heating fuel and notifies the Office of Home Heating Fuel Assistance in writing at least ten days before a line of credit is issued to its original supplier, the line of credit and any subsequent lines of credit will be issued to its new fuel supplier provided the new fuel supplier has been certified as described in section 2912.
The department will not transfer any balances from a previously issued line of credit to a new fuel supplier. A household, however, may request its fuel supplier to transfer its credit balance to another primary heating fuel supplier. Before granting such a request to transfer a line of credit, the fuel supplier holding that credit must notify the Office of Home Heating Fuel Assistance of the intent to transfer the credit balance to any other certified fuel supplier.
Under no circumstance will fuel suppliers be allowed to pay credit balances to households.
Applicants for benefits under the Fuel Program will be provided with notice of grants and adverse decisions that state the action taken, the reasons for such action, and the right of the applicant to a hearing if he or she is aggrieved by the action.
Any individual who requests or receives assistance or benefits from the department has a right to just and equitable treatment. 3 VSA 3091 safeguards this right through provisions for review and appeal when the individual is aggrieved by a department decision or by unreasonable delay in rendering a decision
An applicant for or recipient of aid or benefits may request review and fair hearing when aggrieved by a decision or delay in rendering a decision, including, but not limited to, the following situations:
Individuals are advised by various methods of their right to make complaints and to appeal a decision when aggrieved. Written materials include:
This right is also explained at the time an applicant or recipient expresses disagreement or dissatisfaction with any relevant department decision or procedure.
A complaint is any informal or formal expression of dissatisfaction or confusion, oral or written, made by any person described in the preceding section or an authorized agent of such person, pertaining to acts, omissions, or decisions of the Department of Social Welfare or the Office of Home Heating Fuel Assistance.
Complaints shall be handled by a representative of the Office of Home Heating Fuel Assistance who shall explain the reason for the acts, decisions, omissions, or delay. When necessary, he or she shall conduct further investigation or refer the problem to a person who will cause such further investigation. If the complainant is dissatisfied by the decision of the representative, the complainant shall be advised of his or her right to request a hearing and to seek legal representation either through a private attorney of his or her own choice and at his or her own expense or through referral to Legal Aid.
A request for a hearing is any clear expression. oral or written, made by a complainant or his authorized agent and directed to any representative of the Office of Home Heating Fuel Assistance or the office of the commissioner within 90 days of the contested act. decision. omission or unreasonable delay in reaching a decision, that the complainant wants an opportunity to present his or her case to higher authority.
Fair Hearing refers to the procedure hereinafter enacted for the purpose of permitting the complainant to present his or her case, first to the commissioner of the department and thereafter to the Human Services Board in accord with rules governing appeals under 3 V.S.A. 3091. as adopted by the Human Services Board
The Human Services Board rules are found in the All Programs section of the welfare procedures manual (see P-2127 F).
Crisis assistance in accordance with the following regulations may be extended to alleviate an emergency due to lack of heating capacity for individual households. The criteria applied in determining fuel household membership and Vermont residency are the same as for the seasonal fuel assistance component (see WAM Section 2901, excluding 2901.2 2. "Income and Resources").
The period during which applications will be accepted and benefits granted under regulations pertaining to this component of the program will be from the last Monday in November to the second Friday in April for all households whose primary heating fuel is delivered in bulk and to the last regular working day in April for households whose primary heating fuel is by metered service, subject to change by the Commissioner of Social Welfare on the basis of weather conditions and funds available.
The department may contract with community organizations for eligibility determination and benefit issuance under the crisis component of the Fuel Program. All references in the crisis component section of fuel program policy to the "department" will encompass any organization with which the Department of Social Welfare has a formal agreement to determine eligibility and issue benefits under this crisis component.
Hereinafter the term "director" will refer to the DSW district director or to the director of any organization with which the department has a formal agreement to provide crisis assistance, depending upon which, the department or the organization, is actually determining eligibility and issuing benefits for the crisis component during the current heating season.
It is not the intent of these regulations to define a program of entitlement; i.e., a household whose income and resources are within the specified limits and who has a fuel need does not become entitled to a grant, and indeed may be denied. It is the intent of this regulation to provide a framework within which staff, based on their judgement, may grant assistance to households who face a heating crisis.
In making this judgment staff will consider the individual situation; income, resources, prior applications, and what led to the crisis. Staff shall determine eligibility for crisis assistance based on whether there is an extenuating or unpredictable circumstances. An extenuating or unpredictable circumstance is defined as: death in the family which results in additional expenses to the applicant household; illness of a family member which results in the household incurring additional expenses; an unanticipated work-related expense necessary to preserve employment; extraordinary housing expenses which are required to remove life-threatening hazards or to keep the home habitable; or other unanticipated circumstances or occurrences which could not have been foreseen or prevented by the applicant household.
To make such a determination the department will complete a careful assessment of past income; uses made of income and resources; relative necessity of such uses including consideration of age, health, and other factors having impact on necessity; and adequacy of planning (past and future) to avoid such emergency.
Among the purposes for which the department examines the circumstances that precipitated the fuel emergency and assesses how past income was used are to determine the likelihood that a similar fuel emergency will recur in the future and the degree to which the fuel emergency was preventable. It is to the benefit of both the applicant and the department to attempt to prevent the recurrence of fuel emergencies.
Staff will also consider what potential income and resources are available and the extent to which the household can commit all or a portion of such potential toward meeting or partially meeting their current heating crisis. This potential shall include all members of the household and not simply those bearing direct responsibility for the purchase of fuel.
Households will be expected to decline or delay payment for non-essentials in favor of assuring themselves an adequate fuel supply and to make reasonable efforts to conserve fuel to avoid an emergency. This includes exploring options for heating system replacements, including home equity loans or other forms of assistance. The decision to recommend a heating system replacement through referral to a local Weatherization operator shall be based on assessment of malfunctions in the heating system that represent a danger to the health and safety of the household. Such decisions shall be made by the director or his/her designee.
Within this framework, staff will determine eligibility on the basis of conserving program funds and utilizing client resources to the maximum extent reasonably possible. Staff will make every effort to assist those who are denied eligibility to find alternative solutions to their problem.
In a primary heat crisis situation a household may have their seasonal fuel application expedited by the Fuel Assistance Office and, if eligible, have their seasonal fuel benefit paid to a certified fuel supplier within 10 business days when all of the following conditions are met:
A separate application must be filed for each crisis assistance grant. Applicants must be domiciled in Vermont, submit verification of income and resources of all household members, and appear for a personal interview except as specifically exempted below.
Households renting heated living quarters are eligible for benefits only to the extent necessary to alleviate a heating crisis during the period necessary to re-establish provision of fuel by the landlord, or in other emergency situations in which the health and/or safety of inhabitants is threatened through no fault of their own, as determined by the director or his/her designee.
Applications taken during office hours will be made in person at the district or local office and will not be processed without a face-to-face interview, except that elderly or disabled persons may have certain designated employees of Area Agencies on Aging act on their behalf as authorized representatives. The department will enter into agreements with such agencies where a mutually acceptable agreement can be reached specifying terms and conditions under which such representatives will function.
The worker may make exception to the in-office application or face-to-face interview on an individual basis where urgency of need, weather conditions illness, or other equally compelling considerations, in the judgment of the worker, require an exception. An application form will be completed by the worker and mailed to the applicant for signature and submission of required verifications following authorization of assistance. No subsequent assistance will be granted until this application has been signed and returned to the office with required verification. A second phone application may be processed only with the written approval of the supervisor.
Applications outside the normal office hours will be granted by telephone only if there is an emergency which could not have been processed during normal office hours and which cannot possibly be put off until the next normal office day. Potentially eligible applicants will be expected to have acted responsibly in their own behalf by carefully monitoring their fuel supply and credit standing with their dealer and taking every precaution possible to avoid night time and weekend emergencies. Such applicants will be carefully interviewed by phone and denied assistance when it appears that the off-hours application could and should have been avoided.
Applicants, except elderly and disabled, who are granted off-hour assistance must agree to appear at the district or local office before assistance can be subsequently granted. All applicants must complete an application retroactively, and provide verification as required. Failure to do so may result in forfeiture of all rights to receive fuel assistance in the future as well as efforts on behalf of the department to recover assistance already granted, including recovery from any seasonal component benefits for which the household may be eligible.
The income computation for the crisis component shall include the same sources of income and computation as for the seasonal component (See Section 2904) , except that actual income in the previous 30 days is computed.
The income eligibility for the crisis component of the fuel program shall be limited to households with income that does not exceed the amount for the household size shown in the Crisis Assistance Income Maximum Table which is found in the Fuel program section of the Welfare Procedures Manual. Due to restrictions specified in the federal and state law under which this program is funded, these amounts cannot exceed 150 percent of the federal poverty guidelines for a family of the same size as the fuel program household.
Any change in the amounts in the Emergency Fuel Income maximum Table which has a positive impact on applicants for or recipients of supplemental fuel benefits shall be carried out via a procedures change. Any change in the amounts in this Table which has an adverse impact on any applicant for or recipient of supplemental fuel benefits will be accomplished only by following the Administrative Procedures Act process for regulatory changes in addition, any future policy change which results in an increase in benefits which is not an across-the board increase (i.e. an increase which affects all fuel assistance recipients proportionately) will be accomplished only by following the Administrative Procedures Act process for the regulatory changes.
Resource limits for aged or disabled are set at $ 1500 for a household of one and $ 2250 for a household of two or more. For all others it is expected that every available resource will be utilized in meeting the crisis, although the worker will use judgment in protecting money set aside in a special account to pay property taxes, or money necessary to meet immediate basic needs such as food, rent, utilities, etc., when such payments are required before the household would have additional income with which such expenses could be met. For purposes of this section, an available resource is that which may be used to resolve the emergency heating need in a timely manner.
11/20/99
Income of all persons living in the household must be verified, except when the stated income exceeds the maximum or the application is denied for other reasons. Verification of resources is required in all cases except when, in the judgment of the worker, the stated total resources are sufficiently below the maximum that eligibility under this factor is not questionable, or the stated resources clearly exceed the maximum. Self-declaration of income or resources by the applicant is not an acceptable method of verification.
For applicants residing in multi-living unit buildings and requesting assistance to avert a shut off of electric service for the operation of a heating unit that is not located within the living unit, written verification provided by the applicant or verbal verification obtained by the worker (with the applicant's permission) from the landlord or the electric company confirming that a shut off would make the heating unit inoperable is required in all cases within five business days of assistance being granted.
When the urgency of the situation calls for immediate action and the applicant agrees to produce verification within five business days, the worker may, after documenting the necessity for immediate action, grant assistance prior to receipt of verification provided the applicant's statements indicate that the household will be eligible when verification is produced. Failure to produce the required verification may make the household ineligible for additional crisis assistance during that season and may result in efforts on behalf of the department to recover assistance already granted unless this requirement is deferred or waived based on one of the conditions described herein. The five-day deadline may be deferred or waived under the following conditions:
Verification of any factor of eligibility or payment may be required when in the judgment of the worker the information provided appears to be questionable.
Benefits are limited to payment for a minimum delivery of fuel; reasonable delivery and heating unit start-up charges for off-route deliveries during regular working hours or for deliveries after hours; utility service required for operation of the heating unit to avert shut off. Under no circumstances will a deposit be included under start-up, delivery, or services charges.
Households are limited to three assists during the crisis fuel season. An "assist" is defined as all benefits provided under a single crisis fuel intake. Benefits provided in response to an after-hours crisis fuel intake count as a single assist. Additional benefits cannot be added to the after-hours intake when the client completes the paperwork in the office.
Payment for a minimum delivery of fuel shall not exceed 125 gallons for oil, propane, kerosene and other liquid fuels; one ton of coal; one cord of wood; and shall be less when the provider normally delivers less for other customers in similar situations. Maximum payment for metered service shall be for service used during the most recent monthly billing period or one half of the most recent billing period in areas where billing is for two months' service.
It will be the responsibility of the worker to make appropriate referrals which, in the department's assessment, can be reasonably expected to result in the client's being better able to prevent a future fuel emergency. Examples include:
Where such referrals are considered appropriate by the worker, they should be made irrespective of whether the household's application for crisis assistance is granted or denied.
Exceptions in severe situations may be made by the director as provided under appeal rights (2957).
Each recipient of crisis assistance must accept direct referral for Weatherization services through programs administered through the State Office of Economic Opportunity and five regional Weatherization Program Offices.
When an applicant is found ineligible under this component of the program he or she is entitled to an appeal process designed to address the potential urgency of the unmet need. The worker, upon determination that an applicant is not eligible shall advise the applicant of the reason for denial and explain his or her rights to appeal the decision to the supervisor and the director or a designee. The applicant may appeal simply by stating that he or she wishes to do so.
The director will provide for hearing the applicant's appeal at the earliest possible opportunity and in no event later than the next normal working day. The applicant may bring representation of his or her choice to assist in presenting the case. The director will review the circumstances of the case to consider the nature of the emergency, unpredictable or extenuating circumstances, prior effort on the part of the applicant to avoid the crisis, potential for meeting the need or finding alternative solutions, as well as proper application of policy. The director may waive policy or procedure in order that unique situations may be addressed on an individual basis. However, the department shall incur no obligation to grant any waivers by virtue of this authority. Waivers, if authorized, may be under condition of special agreements negotiated with the individual applicant regarding weatherization, conservation, financial management, counseling, payment, recoupment, etc. The director, following completion of the review, will confirm, modify, or revise the decision, and provide written notice of the action taken. The basis for the decision must be documented in the case record.
Further appeal must be processed through normal channels in the form of a request for fair hearing before the Human Services Board. Fuel program policies relating to fair hearings are contained in section 2910.
The department may seek recoupment of benefits representing an overpayment resulting from fraud or a benefit issuance that occurs by department or client error.
13-290 Code Vt. R. 13-170-290-X
EFFECTIVE DATE: October 1, 2008 Secretary of State Rule Log #08-040 [Bulletin #08-20; amended, renumbered and reorganized, see rule 13 170 000 for prior history and section conversion table.]; November 1, 2009 Secretary of State Rule Log #09-030