SUBCHAPTER 71v - LOW INCOME ENERGY ASSISTANCE PROGRAM
10A NCAC 71V .0101 FUNDING
History Note: Authority G.S. 143B-153;
Eff. November 19, 1980;
Repealed Eff. July 1, 2012.
10A NCAC 71V .0102 GROUPS COVERED
The state will make payments to households if they make an
application and meet the eligibility requirements for this program.
History Note: Authority G.S. 143B‑153;
Eff. November 19, 1980;
Amended Eff. October 19, 1981.
10A NCAC 71V .0103 ELIGIBILITY REQUIREMENTS
A household must meet the following requirements to be
eligible for the Low Income Energy Assistance Program:
(1) Income: A household's income for the base period
used to establish eligibility cannot exceed 110 percent of the current non‑farm
poverty level. Income will be defined as gross income less the standard
medical deduction for household members with only unearned income; actual child
or dependent care costs up to the maximum allowed in the Food Stamp Program per
child or dependent; and a standard deduction for work related expenses (a table
shall be used to determine the appropriate amount to deduct). Earned and
unearned income shall be counted or excluded as mandated by federal laws,
federal regulations, and Administrative Procedure Act rules in 10A NCAC 71U
that govern the Food Stamp Program. 7 CFR 273.9 is hereby adopted by reference
under G.S. 150B‑14(c).
(2) Assets: A household shall not have assets
exceeding two thousand, two hundred dollars ($2,200). All assets will be
counted with the exception of:
(a) Household or personal belongings (includes
essential and non‑essential personal property);
(b) Cars;
(c) Primary residence (including mobile home)
and all contiguous property;
(d) Income producing real property;
(e) Insurance (including burial, term and whole
life cash values);
(f) Value of prepaid burial contracts;
(g) Value of burial plots;
(h) Savings of a student under age 18 who is
saving his money for school expenses;
(i) Relocation assistance payments;
(j) That portion of monthly income deposited in
a checking account to meet monthly needs;
(k) Non‑salable life estate or remainder
interests;
(l) Heir property;
(m) HUD community development block grants;
(n) Any of a lump sum payment for the month
received or the following month.
(3) Vulnerability: A household must be vulnerable to
rising costs of energy. A household that is vulnerable to energy cost
increases is one that is not protected against such increases under any other
program.
(4) Citizenship: Individuals who are illegal aliens
are not eligible for the Low Income Energy Assistance Program.
History Note: Authority G.S. 108A‑25; 143B‑153;
42 U.S.C. 8621(a); 8622(2); 8624(b); 7 C.F.R. 273.9;
Eff. November 19, 1980;
Amended Eff. September 1, 1991; October 1, 1990; March 1,
1990; August 1, 1985.
10A NCAC 71V .0104 BENEFIT LEVELS
Benefits will be determined based on:
(1) household size;
(2) income;
(3) heating region, the regional boundaries to be
determined by differences in heating degree days; and
(4) fuel type, the categories to be determined by
differences in cost per BTU; the state will pay benefits based upon the primary
fuel type.
History Note: Authority G.S. 143B‑153;
Eff. November 19, 1980;
Amended Eff. September 1, 1982; October 19, 1981.
10A NCAC 71V .0105 METHOD OF PAYMENT
Energy assistance checks will be mailed directly to
recipients.
History Note: Authority G.S. 143B‑153;
Eff. November 19, 1980.
10A NCAC 71V .0106 DUPLICATE PAYMENTS
There can be no duplicate payments to a household.
History Note: Authority G.S. 143B‑153;
Eff. November 19, 1980.
10A NCAC 71V .0107 OVERPAYMENTS AND SUSPECTED FRAUD
The rules in 10A NCAC 71W .0604 and 71W .0606 will govern
for overpayments and suspected fraud.
History Note: Authority G.S. 143B‑153;
Eff. November 19, 1980;
Amended Eff. August 1, 1985.
10A NCAC 71V .0108 APPEALS
The rules in 10A NCAC 67A .0200 will govern for appeals with
the following exceptions:
(1) Advance notice requirements do not apply;
(2) The appellant must request a state appeal within
five calendar days from the date of the local hearing decision;
(3) The state will have 15 days to conduct a state
hearing and render a decision.
History Note: Authority G.S. 108A‑25; 143B‑153;
Eff. November 19, 1980;
Amended Eff. October 1, 1983; October 19, 1981.
section .0200 – crisis intervention program
10A NCAC 71V .0201 ELIGIBILITY REQUIREMENTS
A household must meet the following requirements to be
eligible for the Crisis Intervention Program:
(1) Income: A household must have income at or below
150 percent of the federal poverty income guidelines. The rules in 10A NCAC
71V .0103 will govern for the definition and computation of income.
(2) Crisis: A household must be in a heating or
cooling related crisis. A household is in a crisis if it is experiencing or is
in danger of experiencing a life threatening or health-related emergency and
sufficient, timely and appropriate assistance is not available from any other
source.
(3) Citizenship: Individuals who are illegal aliens
are not eligible for the Crisis intervention Program.
History Note: Filed as a Temporary Regulation Eff.
November 24, 1981, for a period of 38 Days to Expire on January 1, 1982;
Authority G.S. 108A-25; 143B-153; 42 U.S.C. 82621(a);
8622(2); 8624(b); P.L. 93-66; P.L. 93-233; P.L. 96265;
Eff. January 1, 1982;
Amended Eff. October 1, 1990; August 1, 1985;
Temporary Amendment Eff. March 13, 2000;
Amended Eff. April 1, 2001.
10A NCAC 71V .0202 BENEFIT LEVELS
Payments to a household shall not exceed six hundred dollars
($600.00) in a state fiscal year. Counties may set lower maximums in their
annual business plans for operating Low Income Home Energy Assistance Programs.
Assistance shall be based upon the needs of the community, the severity of the
crisis and the services needed.
History Note: Authority G.S. 108A-25; 143B-153;
Temporary Regulation Eff. November 24, 1981, for a period
of 38 Days to Expire on January 1, 1982;
Eff. January 1, 1982;
Amended Eff. March 1, 1992; August 1, 1985;
Temporary Amendment Eff. March 13, 2000; August 24, 1998;
Amended Eff. November 1, 2007; April 1, 2001; July 1,
2000.
10A NCAC 71V .0203 METHOD OF PAYMENT
Methods of payment include direct payments to recipients,
fuel payments on behalf of recipients, provision of in‑kind services or
temporary shelter and minor home repairs.
History Note: Filed as a Temporary Regulation Eff.
November 24, 1981, for a period of 38 Days to Expire on January 1, 1982;
Authority G.S. 143B‑153; 150B‑13;
Eff. January 1, 1982.
10A NCAC 71V .0204 OVERPAYMENTS AND SUSPECTED FRAUD
The rules in 10A NCAC 71W .0604 and 71W .0606 will govern
for overpayments and suspected fraud.
History Note: Filed as a Temporary Regulation Eff.
November 24, 1981, for a period of 38 Days to Expire on January 1, 1982;
Authority G.S. 143B‑153; 150B‑13;
Eff. January 1, 1982;
Amended Eff. August 1, 1985.
10A NCAC 71V .0205 APPEALS
The rules in 10A NCAC 71V .0108 will govern for appeals.
History Note: Filed as a Temporary Regulation Eff.
November 24, 1981, for a period of 38 Days to Expire on January 1, 1982;
Authority G.S. 143B‑153; 150B‑13;
Eff. January 1, 1982.
10A NCAC 71V .0301 GROUPS COVERED
10A NCAC 71V .0302 ELIGIBILITY REQUIREMENTS
10A NCAC 71V .0303 BENEFIT LEVELS
10A NCAC 71V .0304 METHOD OF PAYMENT
10A NCAC 71V .0305 OVERPAYMENTS AND SUSPECTED FRAUD
10A NCAC 71V .0306 APPEALS
History Note: Authority G.S. 108A-25; 143B‑153;
Emergency Adoption Eff. October 9, 2003;
Temporary Adoption Eff. February 17, 2004;
Temporary Adoption Expired February 28, 2004.
