New Jersey Administrative Code
Title 5 - COMMUNITY AFFAIRS
Chapter 49 - HOME ENERGY ASSISTANCE HANDBOOK
Subchapter 2 - PROGRAM ELIGIBILITY
Section 5:49-2.2 - Eligibility requirements
Universal Citation: NJ Admin Code 5:49-2.2
Current through Register Vol. 56, No. 18, September 16, 2024
(a) The household members shall be residents of New Jersey.
1. The term "household" means any individual
or group of individuals who are living together as one economic unit for whom
home energy is customarily provided in common or who make undesignated payments
for energy in the form of rent. Specifically:
i. If there is one central source of
residential heating (for example, one furnace) there is one household; except
that,
(1) If there is one central source of
residential heating but the building contains multiple dwelling units or
apartments, each apartment may be considered a separate household; except
that,
(2) If the building is a
licensed boarding home, Residential Health Care Facility or community
recognized boarding facility, each resident may be considered a separate
household;
(3) If a business only
(roomer-boarder) relationship exists, where one person is paying for living
space in the dwelling of another, the roomer-boarder may be considered a
separate household. For such relationship to be established, the payments for
room and board must be reasonable, considering the total shelter and heating
cost for the person supplying the room and board. Further, the relationship
must be one which would immediately terminate if the payment between the
parties ceased (see
5:49-2.3(f)4 for
limitations).
2. The term "resident" shall be interpreted
to mean any person living in the State voluntarily or residing in the State
having entered with a job commitment or seeking employment even if he or she is
currently unemployed.
3. Strikers
and households that include striking members are ineligible for Home Energy
Assistance benefits, in accordance with
10:90-2.8(c).
4. In most cases, aliens are eligible for
Home Energy Assistance benefits. Qualified aliens defined in Section 431 of the
Federal Personal Responsibility and Work Opportunity Reconciliation Act
(PRWORA) of 1996, P.L.
104-193, if otherwise eligible, may receive LIHEAP
benefits (see
10:90-2.10 and 10.3).
i. Qualified aliens are defined as legal
immigrants that include, but may not be limited to: legal permanent residents,
refugees, asylees, individuals paroled into the United States for a period of
at least one year, individuals whose deportation has been withheld, individuals
granted conditional entry, and certain individuals who are victims of domestic
abuse.
5. In cases where
a non-qualified alien resides within an applicant household, the non-qualified
alien must be excluded from the HEA household size. If the non-qualified alien
has monthly income in excess of $ 268.00, the amount in excess of $ 268.00
shall be counted as income to the household, and must be added to all other
household income in determining the household's gross monthly income.
(b) The household must pay for its own heating/cooling costs or be eligible as a renter who pays its landlord according to usage or whose heating/cooling costs are included in its rent.
(c) The value of resources is not considered in the determination of eligibility for benefits under this program; however, unearned income as defined in 5:49-2.3(d) is countable.
(d) The following households are not eligible for energy payments:
1. Households residing in publicly operated
housing where their heat is included in their rent or are receiving a rent
subsidy which includes all heating costs. Energy costs included in rent which
is subsidized do not quality as out-of-pocket payments for heating cost;
i. Households receiving a rent subsidy which
does not include all of their heating costs and have a heating bill in their
name are entitled to assistance at a renter's benefit level;
2. Persons for whom non-household
members pay heating/cooling costs;
3. Households consisting entirely of students
who are tax dependents of another household; and
4. Households whose total income, including
any TANF, GA or SSI grants, exceeds the total income eligibility standards in
5:49-2.3(g).
Disclaimer: These regulations may not be the most recent version. New Jersey may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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