Current through Register Vol. 56, No. 18, September 16, 2024
(a) In order to be
income eligible for the program, a household's monthly gross earned and
unearned income may not exceed the monthly allowable gross income limit for the
household size. On an annual basis, the Department of Community Affairs shall
revise the income guidelines based on the current Federal Poverty Index, which
is published annually in the Federal Register by the Federal Department of
Health and Human Services. The Department will use 175 percent of the current
Federal Poverty Index as the maximum gross income amount for LIHEAP
eligibility. However, income eligibility may not exceed 60 percent of the State
median income.
(b) Regardless of
income eligibility, the following households are not eligible for program
benefits:
1. Persons residing in publicly
operated housing unless the household can demonstrate that it has direct
responsibility for payment of its heating costs. Energy costs included in rent
which is subsidized do not qualify as out-of-pocket payments for heating
costs;
2. Persons receiving a rent
subsidy which includes all heating costs. Energy costs included in rent which
is subsidized do not qualify as out-of-pocket payments for heating
costs;
3. Persons for whom
nonhousehold members pay for the costs of heating/cooling fuel;
4. Residents of any licensed medical facility
(hospital, skilled nursing facility or intermediate care facility), publicly
operated community residence, or center for the treatment of drug and/or
alcohol abuse; and
5. Households
consisting entirely of students who are tax dependents of another
household.
(c) Earned
income refers to gross income earned by an individual through the receipt of
wages, tips, salaries or commissions from activities in which he or she is
engaged as an employee or from his or her self-employment. It includes earnings
over a period of time for which settlement is made in one payment, as in the
sale of farm crops.
1. For the purpose of
this program, countable income from self-employment is the gross proceeds of a
trade, business or enterprise, adjusted by deducting business expenses or cost
of producing the income. Personal expenses, income tax payments, lunches,
transportation, child care, etc., are not classified as business expenses for
this purpose.
i. Persons who are
self-employed shall be required to submit evidence of business receipts and
expenditures as the basis for a sound estimate of earned income. A reliable,
accurate accounting system or the method utilized in reporting to the Internal
Revenue Service shall be acceptable for determining countable net
income.
(d)
Unearned income refers to the receipt, by the household, of any property or
service not included in (c) above which the household may apply, either
directly or by sale or conversion, to meet basic needs for food, clothing, and
shelter. Included in this definition are returns from capital investment such
as dividends and interest, benefits and pensions, annuities, contributions,
compensation payments, and receipts from the rental of property. (See
10:90-3.9.)
(e) The following income is not considered in
the determination of gross income for this program:
1. Loans which are not to be used to meet
current living costs and which are held and used in accordance with the
conditions of the loan. Personal loans are excluded when such loans are
evidenced by a document, signed by the borrower and the lender, which states
the amount of the loan and terms of repayment (this includes loans from
financial institutions);
2. Any
scholarship, grant, or student loan received by a student so long as the
student continues to attend school;
3. Earned income of a student, who is a
member of a larger household, enrolled in any school or training program
full-time which is recognized by the Federal, State or local
government;
4. The value of home
produce;
5. The value of food stamp
benefits;
6. Benefits provided
under the State Lifeline Program including supplemental payments under the
Tenants Lifeline Assistance program which are included in the SSI
check;
7. Benefits from energy
assistance programs, including Universal Service Fund (USF), Lifeline, and New
Jersey Statewide Heating and Referral for Energy Services (NJSHARES);
8. Income excluded by law:
i. Reimbursements from the Uniform Relocation
Assistance and Real Property Acquisition Policy Act of 1970.
ii. Any payment under Title II (RSVP, foster
grandparents, and other) and Title III (SCORE and ACE) of the Domestic
Volunteer Services Act of 1973, as amended, shall be excluded.
iii. Payments from the Crisis Intervention
Program administered by the Community Services Administration.
iv. Payments received from the Youth
Incentive Entitlement Pilot Projects, the Youth Community Conservation and
Improvement Projects, and the Youth Employment and Training Programs under
Title IV of the Comprehensive Employment and Training Act Amendments of 1978 (
Public Law 95-524).
v. Payments
received by eligible parents under the Child Care and Development Block Grant
(CCDBG) shall not be counted as income when determining eligibility or benefit
levels under LIHEAP.
vi. Payments
made to individuals because of their status as victims of Nazi persecution
shall not be counted as income when determining eligibility under
LIHEAP.
vii. Wages and or salaries,
including any training allowances under the Green Thumb Program, are to be
excluded when determining eligibility under LIHEAP.
9. Medicare Part B Buy-In which is withheld
from the household's Social Security check.
(f) Countable gross monthly earned and
unearned income, as defined in (c) and (d) above, and verified in accordance
with 5:49-4.1(d), shall
be added to determine the household's total gross monthly income. Cents shall
be rounded to the nearest dollar. If the monthly gross income does not exceed
the income standard (see (a) above) for the household size, the household is
income eligible for Home Energy Assistance.
1.
In any household declaring zero income, the head of household shall be required
to file a declaration of zero income. This information is to be maintained in
the case record.
2. In any
household reporting less than $ 100.00 in monthly income, the head of household
shall be required to document how the household has been supporting itself.
Such documentation may include, but is not limited to, checking or savings
accounts statements documenting withdrawals, recent prior pay stubs or
unemployment, welfare, disability, SSI, or social security benefits statements.
In addition, a copy of a recent application for unemployment, social security,
welfare, SSI or disability benefits may be accepted. If the household has been
supporting itself by other means, such documentation as appropriate to the
source of income, shall be accepted.
i. Any
household reporting less than $ 100.00 in monthly income, in two consecutive
years, the head of household shall be required to document how the household
has supported itself for the past year as referenced in (d)2 above.
3. For the purpose of this
program, the household shall consist of all persons residing within a single
residential unit.
4. Tax dependent
college students who are absent from the household solely because of college
attendance must be included in the household size for the determination of
eligibility.
5. Foster children
placed with a family by DYFS are to be included in the household size and the
allowance paid by DYFS is to be included in the household's income.
6. Roomer-boarders residing with an applicant
household are not to be included in the household size and the income of such
individuals is not to be considered in the eligibility determination. However,
any income provided to the HEA applicant household by the roomer-boarder in
excess of $ 250.00 per month shall be considered in determining the household's
gross monthly income.
i. The only exception to
(f)4 above will occur if the roomer-boarder is a spouse, parent, grandparent,
child, brother or sister of a household member. In such instances, the
roomer-boarder shall be included in the household size and his or her gross
monthly income considered as part of the household's income in determination of
eligibility.
7. If a
household member receives Social Security benefits and/or SSI the CAA or other
non-profit agency must determine the countable income as follows:
i. For individuals receiving Social Security
benefits the net amount of the monthly check is countable. If the household
presents an award letter rather than a check as evidence of income, the CAA or
other non-profit agency must determine if the individual pays a Medicare Part B
premium and deduct that amount from the gross amount of the benefit. The
resulting balance shall be considered as income to the household.
ii. For individuals receiving SSI the CAA or
other non-profit agency shall deduct the supplemental payment amount from the
Tenants Lifeline Credit program which is included in the SSI check. The balance
shall be considered as income to the household.
8. Households placed in rental assistance
slots utilizing temporary emergency funding made available through the State's
emergency assistance initiatives will not be excluded from eligibility for Home
Energy Assistance as a tenant whose heat is included in rent.
