As in effect on August 1, 2008
1. Each November 1, or the first working day thereafter, the HEAT Program opens for the general population.
2. The HEAT Program closes the following April 30, or the last business day of the month, or when federal LIHEAP funds are exhausted, whichever comes first. Applications taken on or before the program closing date may be processed after the program closing date. If funds are exhausted before all applications are processed, notice of non- payment will be sent to the remaining unprocessed applications.
1. To be eligible for HEAT assistance, a person must meet at least one of the criteria for US residence listed below:
a. Be a US born or naturalized citizen as evidenced by any document verifying the individual was born in the US or naturalization papers.
b. Be lawfully admitted into the US for permanent residence as evidenced by an Immigration and Naturalization Service (INS) form I-151 or I-551.
c. Be lawfully admitted into the US as a Refugee as evidenced by an INS form I-94 stamped "Admitted under the Refugee Act of 1980".
d. Be lawfully admitted into the US as a conditional entrant as evidenced by an INS form I-94 stamped "Conditional Entrant".
e. Be lawfully admitted into the US as a special agricultural worker as evidenced by a green colored INS form I-688 stamped PL 99-603 Sec. 210.
2. Persons not eligible to participate in the HEAT program are:
a. Persons who hold INS 1-94 who are admitted as temporary entrants.
b. Persons who hold an INS I-688 Sec. 210A (RAWS).
c. Persons who hold an INS I-688 Sec. 245A (AMNESTY).
d. Persons who hold an INS I-688A Sec. 210, 210A, or 245A (SAWS, RAWS, and AMNESTY).
e. Persons who have no registration card.
There is no length of residency requirement. Individuals must be living in Utah voluntarily and not for a temporary purpose.
1. A household's completed HEAT application must be maintained in the office in the area where they reside.
2. Native American Residents of Daggett, Duchesne, and Uintah Counties who are enrolled in any federally recognized Indian Tribe have a choice of applying for utility assistance through the state HEAT program or through the Ute Tribal LIHEAP Program. Clients cannot receive assistance from both programs in the same program year.
3. Native American Residents of Washington, Iron, Millard, and Sevier Counties have a choice of receiving utility assistance through the state HEAT program or through the Paiute Tribal LIHEAP Program. Clients cannot receive assistance from both programs in the same program year.
4. Residents living on the Navajo Indian Reservation in San Juan county must apply for utility assistance through the Navajo Tribe. They cannot receive assistance through the state HEAT program except through special provision of the State HEAT Office.
1. An eligible household must be vulnerable to home heating costs.
a. The following households are considered responsible for home heating costs:
i. Households who are presently paying heating costs directly to energy suppliers on currently active accounts.
ii. Households who are currently paying energy costs indirectly through rent.
2. Residents in the following households are not considered responsible for home heating costs and are not eligible for HEAT assistance:
a. Nursing homes;
b. Hospitals;
c. Prisons and jails;
d. Institutions;
e. Alcoholism and drug treatment centers;
f. Group homes administered under a contract with a government agency or administered by a government agency;
g. Households not connected to a heat source;
h. Households whose utility bills are paid regularly by an outside party;
i. Residents of hotels or trailer courts who have lived there less than 30 days and who do not pay a reasonable or customary rate.
Eligibility for HEAT assistance: a household living in a federal, state, or local subsidized housing or anyone renting a room in a private house or apartment must pay an identifiable surcharge for heat in addition to their rent or they must pay a utility bill for heating costs directly to a utility provider.
1. Adults who apply for HEAT assistance must provide verification of their Social Security Numbers (SSN) or apply for SSN cards. Social Security Numbers may be required for all household members if there is a question of household size and composition.
a. There are four ways to provide a correct SSN. The client can submit one of these three documents.
i. An official SSN card
ii. Official documents from Social Security Administration including award letters, benefit checks or a Medicare card
iii. An SSA receipt form 5028 or 2880.
iv. Official document from another government agency or from an employer.
1. Household members need not be related.
2. Multiple dwellings including duplexes and apartment buildings, are considered separate households.
Household members 18 years of age or older or emancipated are considered adults. A child can be emancipated by age, marriage or court order.
Participation in the weatherization program is not a condition of eligibility for HEAT.
1. A crisis is any weather-related emergency, any supply shortage emergency, or any other household energy-related emergency as approved by the region or state office.
a. Examples of household energy-related emergencies may include energy costs above 25% of the client's gross income, arrearages when the client has demonstrated a good faith attempt to resolve the problem or repairs to prevent loss of energy from a dwelling.
b. Examples of household energy-related non-emergencies may include payments that will create a credit balance on a utility account, payments on utility accounts previously sent to a collection agency or capital improvements to rental property.
2. To be eligible for energy crisis intervention, a household must be eligible for HEAT during the same HEAT program year.
a. If the local office determines that a household is eligible to receive energy crisis intervention benefits and is in a life threatening situation, energy crisis intervention benefits will be provided within 18 hours. Regular energy crisis intervention benefits will be provided within 48 hours of eligibility determination.
b. The director or HEAT supervisor must approve all crisis intervention expenditures.
c. HEAT payments are issued to the vendor. In emergencies a check may be issued to the client.
d. When an energy crisis requires work from an outside vendor, the client must obtain at least two bids before work may begin. The job order will go to the lowest bidder unless the reasons for accepting a higher bid is documented and approved by the supervisor or the state office.
e. Energy crisis intervention payments are limited to a maximum of $500 per household per HEAT program year unless prior approval for an amount larger than $500 is obtained from the supervisor or state office.
Household who qualify for HEAT assistance may also receive supplemental payments from other utility programs, such as "Reach", "Lend-A-Hand", and Catholic Community Services utility fund.
1. Public Service Commission (PSC) Regulated Utilities
a. A PSC regulated utility is required to waive the security deposit requirement for all Heat and Moratorium clients during the period of the Moratorium.
b. Monies received by a regulated utility from third-party sources, including monies provided by HEAT, REACH, CONCERN or similar programs, shall not be applied to the security deposit.
2. Non Regulated Utilities
a. If the company has signed a HEAT contract, the company has agreed not to charge a security deposit to a HEAT client from November 15th through March 15th. This does not apply to the service initiation fees that are routinely charged as a condition of service.
1. Public Service Commission (PSC) Regulated Utilities
a. Consumer complaints against a PSC regulated utility should be referred to the Public Service Commission.
2. Non Regulated Utilities
a. Consumer complaints against a non regulated utility should be referred directly to the individual utility company.
1. If the household discontinues service with their utility supplier, and the household so elects, the disconnecting supplier will forward any HEAT credit balance remaining on the account to the household's new utility company. The new utility company must operate in Utah. The household must furnish, to the disconnecting utility supplier, the name and address of the new utility company within 30 days after termination of service.
2. If the household elects to have the HEAT credit balance refunded directly to them, the disconnecting utility supplier will do so if the household still resides in Utah. The household must furnish, to the disconnecting utility supplier, their new address within 30 days after termination of service.
3. In no case shall HEAT credit balances be forwarded to utility companies not operating in Utah or to clients no longer residing in Utah.
4. If the client fails to give the disconnecting utility company the information for either option one or option two listed above, the utility company can hold the credit balance for an additional 30 days. If reconnection with the same utility has not occurred, any remaining credit balance must be refunded to the HEAT program.
5. Once credit balances are refunded to the HEAT program they become part of the general HEAT budget and are redistributed in the form of benefits to additional eligible households.
energy assistance, residency requirements, opening and closing dates, HEAT
January 12, 2005
June 22, 2007
9-12-10
Rule converted into HTML by the Division of Administrative Rules.
For questions regarding the content or application of rules under Title R195, please contact the promulgating agency (Community and Culture, Home Energy Assistance Target (HEAT)). A list of agencies with links to their homepages is available at http://www.utah.gov/government/agencylist.html.
For questions about the rulemaking process, please contact the Division of Administrative (801-538-3764). Please Note: The Division of Administrative Rules is not able to answer questions about the content or application of these rules.
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