section .0200 – crisis intervention program

Link to law: http://reports.oah.state.nc.us/ncac/title 10a - health and human services/chapter 71 - adult and family support/subchapter v/subchapter v rules.html
Published: 2015

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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Repealed Eff.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.