Nebraska Administrative Code
Topic - HEALTH AND HUMAN SERVICES SYSTEM
Title 476 - LOW INCOME HOME ENERGY ASSISTANCE PROGRAM
Chapter 2 - APPLICATION AND ELIGIBILITY
Section 476-2-002 - ELIGIBILITY
Universal Citation: 476 NE Admin Rules and Regs ch 2 § 002
Current through September 17, 2024
To qualify for the Low Income Home Energy Assistance Program, a household must:
(A) Be considered an economically-vulnerable household;
(B) Meet income guidelines according to household size;
(C) Meet citizenship and residency requirements; and
(D) Not otherwise be disqualified or ineligible.
002.01 INCOME GUIDELINES. The
total annual income of a household may not exceed 150% of the federal poverty
level. For purposes of calculating and treating income for Low Income Home
Energy Assistance Program eligibility, the Department applies the rules and
regulations from the Supplemental Nutrition Assistance Program, Title 475
Nebraska Administrative Code (NAC).
002.02 CITIZENSHIP AND RESIDENCY. For
purposes of determining Low Income Home Energy Assistance Program eligibility,
the Department applies the residency and citizenship or alien status
requirements from the Supplemental Nutrition Assistance Program, Title 475 NAC.
A person who does not meet the citizenship and residency requirements must be
excluded from a household for purposes of determining eligibility for Low
Income Home Energy Assistance Program.
002.03 INELIGIBILITY. A household that
includes a person who is ineligible under this section may still remain
eligible for the Low Income Home Energy Assistance Program. Household size will
be reduced by the number of ineligible household members for purposes of
determining eligibility and payments.
002.03(A) MISREPRESENTING RESIDENCE. Any
person convicted in federal or state court of having fraudulently
misrepresented his or her residence in order to obtain home energy assistance
in two or more states is ineligible for the Low Income Home Energy Assistance
Program for ten years from the date of conviction.
002.03(B) FLEEING FELON. A person is
ineligible for the Low Income Home Energy Assistance Program during any period
in which the person is:
(i) Fleeing to avoid
prosecution or custody or confinement after conviction for a crime or
attempting to commit a crime that is a felony under the law of the place from
which the person is fleeing; or
(ii) Violating a condition of federal or
state probation or parole.
002.03(C) INTENTIONAL PROGRAM VIOLATIONS. A
person who commits an intentional program violation is ineligible for the Low
Income Home Energy Assistance Program as follows:
(i) A person is ineligible for the Low Income
Home Energy Assistance Program during the period the person is disqualified
from receiving other economic assistance benefits due to an intentional program
violation in another program.
(ii)
A person who commits a Low Income Home Energy Assistance Program intentional
program violation is ineligible as follows:
(1) For a first intentional program
violation, the person becomes ineligible for any Low Income Home Energy
Assistance Program benefits for the remainder of the program year and the next
full program year.
(2) For a second
intentional program violation, the person becomes ineligible for any Low Income
Home Energy Assistance Program benefits for the remainder of the program year
and the next three full program years.
(3) For a third (and any subsequent)
intentional program violation, the person becomes permanently ineligible for
Low Income Home Energy Assistance Program benefits.
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