Administrative Code

Virginia Administrative Code
5/10/2021

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.

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