Tracking #2009-00396
FA/P 8/7/09, eff. 10/1/09

I:/09042002.rtf
[I:/09042002.doc]

(9 CCR 2503-1)

[Instructional note:  Statement of Basis and Purpose is incorporated with Tracking #2009-00507 (09061701.rtf).] 

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3.751.1  DEFINITIONS [Rev. eff. 10/1/09]
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“Completed Application” : A basic LEAP application shall be considered to be a completed application when: 
A.  The applicant has provided an adequate response to all application questions which are necessary to determine eligibility and payment level; 
B.  The applicant has provided all required verification. A Social Security Number (SSN) for each household member or proof of application for a SSN can be requested. A SSN is not required to determine eligibility, but may be used exclusively as a unique identifier and for data matches; 
C.  The application is signed; 
D.  The applicant has provided proof of lawful presence in the United States (see Section 3.140.11). 
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3.752.1  APPLICATION PERIOD [Rev. eff. 10/1/09]
To apply for LEAP, the general public shall submit a written State prescribed application form (IML-4) during the period of November 1st through April 30th. If April 30th for a particular calendar year ends on a holiday or weekend, then the eligibility periods shall be extended until 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, OAP, AND, AB, and NCRA). Such applications received prior to November 1st shall be accepted and may be processed; however, eligibility shall not be effective until November 1st (see Section 3.759.31 for application mailing dates). Application forms received or postmarked after the closing date shall be denied. Eligibility will be determined based on the applicant's circumstances as of the date the application is received. Although applications may be accepted and processed earlier, the effective date of application shall not be before November 1. 
3.752.2  PROGRAM ELIGIBILITY REQUIREMENTS
3.752.21  [Rev. eff. 10/1/09]
To be determined eligible for a Basic 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, lawful presence, income, vulnerability, fuel type, household composition, shared living arrangements, and estimated home heating costs.
3.752.22  Income and Household Size Criteria [Rev. eff. 10/1/09]
A.  For purposes of determining a household's eligibility, income shall be the countable gross income in any four (4) weeks of the eight (8) weeks prior to application, which best represents the applicant’s current income situation.  [Eff. 11/1/2008]
B.  Determining Monthly Income   Eff  12/01/2007
If a household member is paid less than monthly, the county department shall determine gross monthly income by:   Eff  12/01/2007
1.  Weekly/Bi-Weekly Income   Eff  12/01/2007
a.  Weekly Income   Eff  12/01/2007
Calculate an average weekly income by adding the gross earnings for 4 weeks and divide by 4. Multiply the average weekly income by 4.3333 to compute the gross monthly income.   Eff  12/01/2007
b.  Bi-Weekly Income   Eff  12/01/2007
To calculate an average weekly income using bi-weekly income, add 2 pay stubs to get 4 weeks of income. Divide by 4 to get weekly average and multiply by 4.3333 to compute the gross monthly income. If there are 3 pay periods during a given month, add all three and divide by 6, then multiply by 4.3333.   Eff  12/01/2007
2.  Semi-Monthly Income   Eff  12/01/2007
Adding gross semi-monthly amounts to obtain total monthly income.   Eff  12/01/2007
3.  Partial Month Income 
a.  Terminated Income 
If a household member's income is terminated as of the application date, use actual income received/expected for the application month (do not use 4.3333 calculation). 
b.  Earned Income 
If a household member has a new source of earned income as of the application date, use projected income for the month (do not use 4.3333 calculation). 
c.  Unemployment/Other Unearned Income   Eff  12/01/2007
If a household member has not received his/her first check from this source of income as of the application date, do not count any income from this source. If the household member has received the first check from this source of income as of the application date, use projected income for the month (do not use 4.3333 calculation).   Eff  12/01/2007
C.  All applicant households whose countable income for the eligibility period is equal to or less than 185% of the poverty level, shall meet the income requirements for the Basic Program. 
The amounts shown below indicate the maximum gross income limits as adjusted by family size. 

HOUSEHOLD SIZE	MONTHLY INCOME (185%)	
1	$1,670	
2	2,246	
3	2,823	
4	3,400	
5	3,976	
6	4,553	
7	5,129	
8	5,706	
Each Extra Person	577	

D.  Income shall be treated in accordance with the rules as contained in the Resources and Income chapter of this staff manual pertaining to the adult programs. 
E.  Households which have been denied basic benefits and have had changes in circumstances may reapply. 
F.  At each county's option, the county department may approve or deny shared household residents who move into a residence after a household(s) currently residing at the same residence that has been approved for 100% of the LEAP benefit. County departments shall consider whether the new resident has an actual home heating paying liability when determining that household's LEAP eligibility. 
The county department may deny an applicant if that applicant is a new resident of a shared household and a full LEAP benefit has already been approved; or, the county department may approve an applicant if that applicant is a new resident of a shared household and the full basic LEAP benefit has already been approved. The applicant must meet all other eligibility criteria and will have the benefit based on the number of shared households residing at the residence at time of application. 
3.752.23  Income Exclusions [Rev. eff. 10/1/09]
The following exclusions and income calculation procedures shall be applied to household gross income: 
A.  Payments or benefits excluded as defined in the General Resource and Income Exemption Section of the “Resources and Income”  chapter in this staff manual at Section 3.200.4, except that the following sections do not apply: 3.240.16, B-F; 3.240.41; 3.250.14; 3.250.15. 
B.  All financial aid monies, including educational loans, scholarships, and grants as defined in Section 3.250.4 in this staff manual. 
C.  Earned income of children under the age of 18 who are residing with a parent or guardian. 
D.  Reimbursement received for expenses incurred in connection with employment from an employer. 
E.  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. 
F.  Payments made on behalf of the household directly to others. 
G.  Payment received as foster care income. Foster children are not considered household members. 
H.  Home care allowance, if paid to a non-household member. 
I.  State/county diversion payments. 
J.  Reverse mortgages.
K.  Subsidized housing utility allowances.
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3.752.25  Vulnerability [Rev. eff. 10/1/09]
A.  A household shall be vulnerable in order to qualify for Basic Program benefits. Vulnerability shall mean the household must be affected by the rising 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; or, 
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; or, 
3.  The household resides in subsidized housing as defined in the "Definitions" Section of these rules; and, 1) the unit has an individual check meter which identifies specific heating usage of that unit and the household is subject to a surcharge or increased cost for home heating, or 2) the tenant is subject to a heating surcharge assessed by means other than an individual check meter. Such surcharges may include percentage fees assessed to the tenant for home heating. Under no circumstances shall rental costs be assumed to be subject to change due to an increase in home heating costs unless otherwise verified in writing by the county department.
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. 
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3.754.1  FACTORS FOR DENIAL [Rev. eff. 10/1/09]
Any of the following factors shall be the basis for the denial of an applicant household:* 
A.  Excess income; 3.752.22 (04). 
B.  Not vulnerable to rising home heating costs; 3.752.25 (03). 
C.  A household not meeting citizenship/alien status requirements; 3.752.27 (13). 
D.  A household is a duplicate household or was previously approved as part of another household; 3.751.1, “Household” (06).  
E.  The household has voluntarily withdrawn its application; 3.756.18 (09). 
F.  The household has received Basic Program benefits from another county; 3.756.17 (10). 
G.  The household has failed to provide complete application information or required verification; 3.756.12 (11). 
H.  The household is not a resident of Colorado; 3.752.26 (07). 
I.  The household failed to sign the application form; 3.751.1, “Completed Application”, C (21).  
J.  The household filed an application outside of the application period; 3.752.1 (14). 
K.  Unable to locate; 3.756.19 (25). 
L.  Refused weatherization services from a state weatherization agency; 3.752.28 (26). 
M.  Household(s) currently residing at this residence has already received the full basic LEAP benefits; 3.752.22, G (27). 
N.  The applicant failed to provide valid identification; 3.140.11, B, 1 (05). 
O.  The applicant failed to provide an affidavit; 3.140.11, B, 2 (08). 
P.  The applicant failed to provide valid identification; 3.140.11, B, 1, and the applicant failed to provide an affidavit; 3.140.11, B, 2 (18). 
(*Note: The rule citation is shown followed by the denial reasons which are to be used when coding the worksheet and data entering into the computer system.) 
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3.755.13   [Rev. eff. 10/1/09]
The case record shall contain at a minimum:  [Eff. 11/1/2008]
A.  The application and any other supplemental forms the applicant is required to submit; 
B.  Documentation of all verification as required in these rules; 
C.  Copy(ies) of completed IML 3T worksheets. All actions (except case pending) must have a corresponding hand coded IML-3T (turn-around). 
D.  Written explanation on a report of contact sheet or other such document of any discrepancy between information contained on the application and information reported on the IML 3 worksheet; 
E.  Calculations used to compute income, documentation of the source of estimated home heating costs and any other written notations on a report of contact sheet or other similar document necessary to provide a clear and adequate record of action taken on the case. The eligibility workers shall date and initial each entry. 
F.  Copies of all written notices, including hand-written letters and system generated notices, sent to the applicant household requesting missing information and/or verification necessary to determine eligibility and/or payment level. 
G.  Complete documentation in emergency or expedited cases including when, to whom, and how a vendor contact is made. 
3.755.2  VERIFYING INCOME
3.755.21  Adequate Verification of Income [Rev. eff. 10/1/09]
The case record shall contain adequate verification of income. Adequate verification is defined as any of the following: 
A.  Unearned income, such as pensions or retirement income, veteran's benefits, workman's compensation, unemployment or supplemental security income shall be verified in writing, such as an award letter or cost of living adjustment (COLA) letter, issued after the last general increase for that type of assistance, which shows the gross amount before any deductions. Copies of bank deposits or checks shall not be adequate verification of gross income. 
B.  Verification of child support income shall include at a minimum: 
1.  Verification through the Automated Child Support Enforcement System (ACSES); or, 
2.  Verification through the Family Support Registry (FSR); or, 
3.  Copies of checks, money orders or other document(s) including written statements or affidavits from the non-custodial parent that documents the income paid directly to the custodial parent. 
4.  An exception shall be made in cases of domestic violence defined in Section 3.602.1 of this manual. Client declaration shall be sufficient in such cases. 
C.  Social security income may be verified by an award letter, issued by the social security administration, after the last general increase. Gross social security income includes income before any deductions for Medicare or other medical insurance. Copies of bank deposit or checks shall not be adequate verification of gross social security income. 
D.  Earned income shall be verified for at least four (4) weeks of the 8 weeks prior to the application date and shall consist of pay stubs or statements from employers which state the period worked, pay frequency and the actual gross income earned, as long as that income is reflective of income at the time of application. 
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3.755.41  Evidence of Vulnerability [Rev. eff. 10/1/09]
All households shall be required to provide evidence of vulnerability for the primary heating fuel for the residence at the time of application. Evidence shall consist of items, such as a copy of the current or most recent fuel bill which the household is responsible for paying or a copy of the current or previous month’s rent receipt if heat is included in rent. In instances where a rent receipt is used to provide proof of vulnerability, the rent receipt must specifically notate that heat and/or utilities are included in rent. A lease or rent statement from the applicant's landlord is required if the rent receipt is not specific. The county may use prior year's fuel bill if the information supplied matches the current application/information. If historical information is being used to verify vulnerability, a notation must be made in the case record. If the fuel bill that is submitted as evidence of vulnerability is in the name of a person other than the applicant household, the case record shall contain a notation that explains the discrepancy in names. A disconnect notice from the heating fuel provider, that does not show primary heating fuel consumption, is not adequate evidence of vulnerability. 
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3.756.16  County of Residence [Rev. eff. 10/1/09]
The county of residence for applicant households shall be the county where the applicant household is residing as of the date of application. An application received from a non-resident of the county shall be forwarded to the county of residence within five (5) working days. Processing time begins upon receipt of the application by the county of residence. The county forwarding the application shall, simultaneously, notify the applicant household, in writing, of the name, address, and phone number of the county to which the application was forwarded. 
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3.756.19  Unlocated Applicant [Rev. eff. 10/1/09
An applicant who cannot be located prior to eligibility being determined shall be denied. The county must attempt to locate the applicant by mailing a forwardable letter to the last known address. If the applicant does not respond within fifteen (15) business days, the application shall be denied. 
3.756.2  ADVANCE PAYMENT OF THE BASIC PROGRAM BENEFIT (applicable only when a signed Vendor Agreement has not been secured) [Rev. eff. 10/1/09]
When a request for an advance of the Basic Program benefit(s) has been filed with the county department, it shall notify the appropriate fuel vendor the same day or next working day to attempt to forestall a termination of service or to restore service. The need for an advance payment due to an emergency shall be documented by: 
A.  A shut-off notice or other documentation of intent to terminate heating services by the heating supplier or landlord or that termination of service has occurred; or, 
B.  For households that use bulk fuel, a written declaration by the household that the fuel supply has been or will be depleted within the next two weeks and the specific amount needed to maintain heat in the home until payroll runs. 
C.  Eviction notice that clearly states heat is included in the rent. 
For purposes of advance payment, notices of denial shall advise the applicants of the reason for denial, appeal rights and procedures including, but not limited to, a hearing. 
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3.758.47  Methodology for Calculating Basic Program Benefits [Rev. eff. 10/1/09]
The payment amount for an eligible basic program household shall be determined in accordance with the following method:   [Eff. 11/1/2008]
Step A.   Determine Estimated Home Heating Costs (EHHC) 
The county department 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 shall determine the applicant household's estimated home heating costs as follows: 
1.  An applicant household's estimated home heating cost shall consist of the total actual home heating costs for the primary heating fuel for November 1st through April 30th, of the prior year's heating season. Vendors serving applicant households shall be required to supply actual home heating costs for November 1st through April 30th of the prior year's heating season. 
2.  For any applicant whose home heating costs for the prior year's heating season are not available or determined by the county department to be invalid, the following flat rate amounts, based on the household's primary heating fuel, shall be used as the amount of estimated home heating costs:  

FLAT RATES 2009-2010 
TYPE OF DWELLING             FLAT RATE AMOUNTS 
.	Nat'l Gas	Propane / Fuel Oil	Electric	Wood	Coal	Other	
House/mobile home	$626	$1,352	$1,121	$858	$695	$879	
Duplex, triplex, fourplex, townhouse	$516	$937	$784	$482	$482	$482	
Apartment/condominium, rooming/boarding house, hotel	$406	$1,144	$660	$482	$482	$482	
Cabin, RV, 5th wheel, camper	$468	$881	$618	$460	$432	$432	
Other fuels may include wood pellets and corn or corn products. 
3.  For any applicant whose home heating costs are included as part of the rental costs, the following standard rate amounts shall be used as the estimated home heating costs. The standard amounts for heat in rent are based on a percentage of the flat rate chart. 
STANDARD RATE FOR HEAT IN RENT 2009-2010 
TYPE OF DWELLING - STANDARD RATE AMOUNTS   [Eff. 11/1/2008]
.	NAT'L GAS	PROPANE / FUEL OIL	ELECTRIC	WOOD	COAL	
House/mobile home	$250	$541	$448	--	--	
Duplex, triplex, fourplex, townhouse	$206	$375	$314	--	--	
Apartment/condominium, rooming/boarding house, hotel	$162	$458	$264	--	--	
Cabin, RV, 5th wheel, camper	$173	$352	$247	$184	$173	

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3.759.32  Application Distribution [Rev. eff. 10/1/09]
The State Department shall annually provide LEAP applications to Public Assistance (PA) categories such as  OAP, AND, AB, TANF, SSI, Medicaid, all prior year “LEAP-only”, and non-PA food assistance households between October 1 and April 30th. 
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3.760.31  Non-Fuel Related Payments [Rev. eff. 10/1/09]
Non-fuel related payments to eligible households shall be the minimum amount required to avert or alleviate each crisis not to exceed $1,800 total during the entire program year. Households that share living arrangements shall not receive more than $1,800 in combined non-fuel benefits during the qualifying program year. If the maximum amount of non-fuel related payments available will not remedy the emergency, the application must be denied. 
County/state departments will request landlords to participate financially in alleviating or averting each emergency associated with their rental property.