Administrative Code

Virginia Administrative Code
Title 22. Social Services
Agency 40. Department of Social Services
4/8/2020

Chapter 680. Virginia Energy Assistance Program - Low Income Home Energy Assistance Program (Liheap)

Part I
Definitions

22VAC40-680-10. Definitions.

The following words and terms when used in this chapter shall have the following meanings, unless the context indicates otherwise:

"Department" means the Department of Social Services.

"Disabled person" means a person receiving Social Security disability, Railroad Retirement disability, 100% Veterans Administration disability, Supplemental Security Income as disabled, or an individual who has been certified as permanently and totally disabled for Medicaid purposes.

"Elderly person" means anyone who is 60 years of age or older.

"Energy burden" means the average fuel cost for the primary fuel type used by a household divided by the income of the household.

"Energy-related emergency" means a household has no heat or an imminent utility cutoff or no single source of operable or safe heating equipment.

"Fiscal year" means October 1 through September 30.

"Household" means an individual or group of individuals who occupies a housing unit and functions as an economic unit by purchasing residential energy in common (share heat), or making undesignated payments for energy in the form of rent (heat is included in the rent).

"Poverty guidelines" means the Poverty Income Guidelines as established and published annually by the Department of Health and Human Services.

"Primary fuel" means the fuel used to operate the primary heating system currently used to heat the majority of the house.

"Primary heating system" means the system that is currently used to heat the majority of the house.

"Vulnerability factor" means an individual is a child under the age of six or meets the definition of an elderly or disabled person.

Statutory Authority

§ 63.2-217 of the Code of Virginia.

Historical Notes

Derived from VR615-08-01 § 1.1, eff. October 1, 1985; amended, Virginia Register Volume 2, Issue 23, eff. October 1, 1986; Volume 3, Issue 24, eff. October 1, 1987; Volume 4, Issue 14, eff. June 1, 1988; Volume 4, Issue 23, eff. October 1, 1988; Volume 5, Issue 23, eff. October 15, 1989; Volume 6, Issue 2, eff. November 22, 1989; Volume 6, Issue 25, eff. November 1, 1990; Volume 7, Issue 25, eff. November 1, 1991; Volume 8, Issue 2, eff. November 20, 1991; Volume 8, Issue 23, eff. October 1, 1992; Volume 11, Issue 2, eff. November 16, 1994; Volume 13, Issue 2, eff. November 13, 1996; Volume 14, Issue 4, eff. December 10, 1997; Volume 17, Issue 5, eff. December 20, 2000.

Part II
Fuel Assistance

22VAC40-680-20. Eligibility criteria.

A. The purpose of the fuel assistance component is to provide heating assistance to eligible households to offset the costs of home heating energy that are excessive in relation to household income.

B. Eligibility criteria are set out in this subsection.

1. Income limits. Maximum income limits shall not exceed the maximum allowed by federal law. In order to be eligible for fuel assistance, a household's income must be at or below the maximum income limits.

2. Alien status. An alien who meets a qualified status as defined by the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (PRWORA), P.L. 104-193, regardless of when he entered the United States, is eligible to receive assistance and services under the Low Income Home Energy Assistance Program (LIHEAP) if he meets other program requirements.

3. Ineligible households. The households that are ineligible to receive fuel assistance are:

a. Subsidized households whose total heating costs are included in their rent.

b. Persons living in institutions.

c. Persons living in temporary shelters or group homes who have no heating expense or who pay a nominal fee to live there.

d. Persons who reside in only one room within a larger dwelling.

e. Subsidized households who are responsible for payment of individual excess fuel usage charges even though heating expenses are included in their rent.

Statutory Authority

§ 63.2-217 of the Code of Virginia.

Historical Notes

Derived from VR615-08-01 § 2.1, eff. October 1, 1985; amended, Virginia Register Volume 2, Issue 23, eff. October 1, 1986; Volume 3, Issue 24, eff. October 1, 1987; Volume 4, Issue 14, eff. June 1, 1988; Volume 4, Issue 23, eff. October 1, 1988; Volume 5, Issue 23, eff. October 15, 1989; Volume 6, Issue 2, eff. November 22, 1989; Volume 6, Issue 25, eff. November 1, 1990; Volume 7, Issue 25, eff. November 1, 1991; Volume 8, Issue 2, eff. November 20, 1991; Volume 8, Issue 23, eff. October 1, 1992; Volume 11, Issue 2, eff. November 16, 1994; Volume 17, Issue 5, eff. December 20, 2000; Volume 19, Issue 10, eff. February 26, 2003.

22VAC40-680-30. Benefits.

Benefit levels shall be established based on income in relation to household size, fuel type, and geographic area, with the highest benefit given to households with the least income and the highest energy need.

Geographic areas are the six climate zones for Virginia recognized by the National Oceanic and Atmospheric Administration and the United States Department of Commerce. The six climate zones are: Northern, Tidewater, Central Mountain, Southwestern Mountain, Eastern Piedmont, and Western Piedmont.

Each year the benefit amounts for each household shall be determined by state computer using the following method:

1. The following factors for each household will be assigned a point value:

a. Gross monthly income;

b. Living arrangements;

c. Primary heat type;

d. Climate zone;

e. Vulnerability:

(1) Person 60 years of age or older;

(2) Disabled person in household;

(3) Child under six; and

f. Energy burden.

Point values will be determined by department staff in accordance with guidelines established by the State Board of Social Services.

2. The total points of all households will be determined.

3. The available benefit dollars will be divided by the point total to determine a point dollar value.

4. The household's benefit amount will be calculated by multiplying the household's point total by the value per point.

Statutory Authority

§ 63.2-217 of the Code of Virginia.

Historical Notes

Derived from VR615-08-01 § 2.2, eff. October 1, 1985; amended, Virginia Register Volume 2, Issue 23, eff. October 1, 1986; Volume 3, Issue 24, eff. October 1, 1987; Volume 4, Issue 14, eff. June 1, 1988; Volume 4, Issue 23, eff. October 1, 1988; Volume 5, Issue 23, eff. October 15, 1989; Volume 6, Issue 2, eff. November 22, 1989; Volume 6, Issue 25, eff. November 1, 1990; Volume 7, Issue 25, eff. November 1, 1991; Volume 8, Issue 2, eff. November 20, 1991; Volume 8, Issue 23, eff. October 1, 1992; Volume 11, Issue 2, eff. November 16, 1994; Volume 14, Issue 4, eff. December 10, 1997.

22VAC40-680-40. Application period.

The application period for fuel assistance shall begin not earlier than September 1 and shall end not later than March 31 each year. The Board of Social services shall set specific dates within that period for acceptance of fuel assistance applications.

Statutory Authority

§ 63.2-217 of the Code of Virginia.

Historical Notes

Derived from VR615-08-01 § 2.3, eff. October 1, 1985; amended, Virginia Register Volume 2, Issue 23, eff. October 1, 1986; Volume 3, Issue 24, eff. October 1, 1987; Volume 4, Issue 14, eff. June 1, 1988; Volume 4, Issue 23, eff. October 1, 1988; Volume 5, Issue 23, eff. October 15, 1989; Volume 6, Issue 2, eff. November 22, 1989; Volume 6, Issue 25, eff. November 1, 1990; Volume 7, Issue 25, eff. November 1, 1991; Volume 8, Issue 2, eff. November 20, 1991; Volume 8, Issue 23, eff. October 1, 1992; Volume 11, Issue 2, eff. November 16, 1994.

Part III
Crisis Assistance

22VAC40-680-50. Eligibility criteria; benefits.

A. The purpose of the crisis assistance component is to assist households with energy-related emergencies. This component is intended to help the household meet energy emergencies that cannot be met by other resources.

B. In order to be eligible for crisis assistance, a household shall meet the following criteria:

1. All of the fuel assistance criteria as set forth in 22VAC40-680-20;

2. Have an energy-related emergency as defined in 22VAC40-680-10;

3. Applicant or community resources cannot meet the emergency;

4. Did not receive crisis assistance maximum benefit during the current year.

C. The State Board of Social Services shall set benefit amounts for each type of assistance offered based on the availability of federal block grant funding. The following forms of assistance shall be provided:

1. A one-time only payment for a security deposit for the primary fuel type;

2. Providing space heaters;

3. Providing emergency shelter;

4. Purchase of primary fuel;

5. Repair of inoperable or unsafe heating equipment including necessary maintenance cost of heating equipment and the purchase of supplemental equipment; and

6. Purchase of heating equipment.

Statutory Authority

§ 63.2-217 of the Code of Virginia.

Historical Notes

Derived from VR615-08-01 § 3.1, eff. October 1, 1985; amended, Virginia Register Volume 2, Issue 23, eff. October 1, 1986; Volume 3, Issue 24, eff. October 1, 1987; Volume 4, Issue 14, eff. June 1, 1988; Volume 4, Issue 23, eff. October 1, 1988; Volume 5, Issue 23, eff. October 15, 1989; Volume 6, Issue 2, eff. November 22, 1989; Volume 6, Issue 25, eff. November 1, 1990; Volume 7, Issue 25, eff. November 1, 1991; Volume 8, Issue 2, eff. November 20, 1991; Volume 8, Issue 23, eff. October 1, 1992; Volume 11, Issue 2, eff. November 16, 1994; Volume 13, Issue 2, eff. November 13, 1996; Volume 14, Issue 4, eff. December 10, 1997.

22VAC40-680-60. Application period.

The application period for crisis assistance shall begin not earlier than September 1 and shall end not later than March 31 each year unless funds are depleted earlier. The Board of Social Services shall set specific dates within that period for the acceptance of crisis assistance applications.

Statutory Authority

§ 63.2-217 of the Code of Virginia.

Historical Notes

Derived from VR615-08-01 § 3.2, eff. October 1, 1985; amended, Virginia Register Volume 2, Issue 23, eff. October 1, 1986; Volume 3, Issue 24, eff. October 1, 1987; Volume 4, Issue 14, eff. June 1, 1988; Volume 4, Issue 23, eff. October 1, 1988; Volume 5, Issue 23, eff. October 15, 1989; Volume 6, Issue 2, eff. November 22, 1989; Volume 6, Issue 25, eff. November 1, 1990; Volume 7, Issue 25, eff. November 1, 1991; Volume 8, Issue 2, eff. November 20, 1991; Volume 8, Issue 23, eff. October 1, 1992; Volume 11, Issue 2, eff. November 16, 1994.

Part IV
Cooling Assistance

22VAC40-680-63. Eligibility criteria; benefits.

A. The purpose of the cooling assistance component is to assist low-income households with their cooling needs when other resources cannot meet those needs. Assistance provided through the program must continue or provide cooling services.

B. In order to be eligible for cooling assistance, a household shall:

1. Meet all of the fuel assistance criteria as set forth in 22VAC40-680-20;

2. Have at least one vulnerable household member as set forth in 22VAC40-680-10;

3. Be unable to meet the emergency requirements through applicant or community resources; and

4. Not have received the cooling assistance maximum benefit during the current year.

C. The benefit amount for each type of assistance offered is the average cost as determined by a statewide survey and the availability of federal block grant funding. Various types of assistance, contingent upon funds available, may be provided.

Statutory Authority

§ 63.2-217 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 19, Issue 10, eff. February 26, 2003.

22VAC40-680-65 to 22VAC40-680-66. [Repealed]

Historical Notes

Derived from Virginia Register Volume 13, Issue 2, eff. November 13, 1996; amended, Virginia Register Volume 14, Issue 4, eff. December 10, 1997; repealed, Virginia Register Volume 15, Issue 17, eff. June 9, 1999.

22VAC40-680-67. Application period.

Cooling assistance will be offered when sufficient federal funding is available. The application period shall begin on June 15 and end no later than August 15 unless funds are depleted earlier. Applications shall be accepted by all local departments.

Statutory Authority

§ 63.2-217 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 19, Issue 10, eff. February 26, 2003.

Part V
Administrative Costs

22VAC40-680-70. Administrative costs.

Local administrative expenditures for the implementation of the Energy Assistance Program shall not be reimbursed in excess of 7.0% of program grant allocation.

Statutory Authority

§ 63.2-217 of the Code of Virginia.

Historical Notes

Derived from VR615-08-01 § 4.1, eff. October 1, 1985; amended, Virginia Register Volume 2, Issue 23, eff. October 1, 1986; Volume 3, Issue 24, eff. October 1, 1987; Volume 4, Issue 14, eff. June 1, 1988; Volume 4, Issue 23, eff. October 1, 1988; Volume 5, Issue 23, eff. October 15, 1989; Volume 6, Issue 2, eff. November 22, 1989; Volume 6, Issue 25, eff. November 1, 1990; Volume 7, Issue 25, eff. November 1, 1991; Volume 8, Issue 2, eff. November 20, 1991; Volume 8, Issue 23, eff. October 1, 1992; Volume 11, Issue 2, eff. November 16, 1994.

Forms (22VAC40-680)

Weatherization Assistance-Case Input Document, 1996.



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