North Carolina Administrative Code
Title 10A - HEALTH AND HUMAN SERVICES
Chapter 71 - ADULT AND FAMILY SUPPORT
Subchapter V - LOW INCOME ENERGY ASSISTANCE PROGRAM
Section 71V .0103 - ELIGIBILITY REQUIREMENTS

Universal Citation: 10A NC Admin Code 71V .0103

Current through Register Vol. 39, No. 6, September 16, 2024

A household must meet the following requirements to be eligible for the Low Income Energy Assistance Program:

(1) The North Carolina Department of Health and Human Services (DHHS) determines the maximum eligibility requirements in accordance with this Rule on an annual basis, not to exceed 130 percent of the federal poverty level. DHHS shall consider the economic status of the state of North Carolina and availability of funding in determining the annual income eligibility criteria. The income eligibility criteria shall be included in each annual block grant application that is submitted for public review and approved by the Governor prior to submission to the United States Department of Health and Human Services (HHS) for approval. The income eligibility criteria shall be posted on the DHHS website within 10 business days of application approval by federal HHS. Income shall be defined as gross income less:

(a) the standard medical deduction of eighty five dollars ($85.00) for each specified person. A specified person is an individual 60 years of age or older, or one of the following:
(i) A person who receives SSI or disability or blindness payments under Titles I, II, XIV or XVI of the Social Security Act; these individuals may have been approved but may have not received their initial payment;

(ii) A person who receives VA disability benefits for a 100 percent service or non-service connected disability;

(iii) A person who is a disabled surviving spouse or disabled surviving child of a Veteran;

(iv) A person who receives disability retirement benefits from a State, county, or local government agency due to a disability considered permanent under Section 221 of the Social Security Act;

(v) A person who is receiving a pension from the Railroad Retirement Act of 1974 and is determined to be eligible to receive Medicare;

(vi) A person who receives Federal Employees Compensation Act payments due to a disability considered permanent under the Social Security Act;

(vii) A person who receives Medicaid due to a qualifying disability; or

(viii) A person who receives SSI based on presumptive eligibility.

(b) a deduction of the actual out of pocket child or dependent care costs paid by the household; and

(c) a standard deduction for work related expense as set forth in the below table:

Gross Income Level

Standard Deduction

$1-50

$10

$51-100

$20

$101-150

$30

$151-200

$40

$201-300

$60

$310-400

$80

$401-UP

20%

Earned and unearned income shall be counted or excluded as mandated by federal laws and administrative rules in Subchapter 10A NCAC 71U that govern the Food and Nutrition Services Program.

(2) Assets: A household shall not have assets exceeding two thousand, two hundred and fifty dollars ($2,250). All assets shall be counted except:

(a) Household or personal belongings (including essential and non-essential personal property);

(b) Vehicles;

(c) Primary residence (including mobile home) and all contiguous property;

(d) Income producing real property;

(e) Insurance (including burial, term and whole life cash values);

(f) Value of prepaid burial contracts;

(g) Value of burial plots;

(h) Savings of a student under age 18 who is saving their money for school expenses;

(i) Relocation assistance payments;

(j) That portion of monthly income deposited in a checking or savings account to meet monthly needs;

(k) Non-salable life estate or remainder interests;

(l) Heir property;

(m) HUD community development block grants; and

(n) Any of a lump sum payment for the month received or the following month.

(3) A household shall be vulnerable to rising costs of energy. A household that is vulnerable to rising costs of energy is one that is not protected against such increases under any other program of assistance.

(4) As a condition of eligibility, United States citizenship for Low Income Energy Assistance Program shall be governed by the procedures set forth in 10A NCAC 71W .0403.

Authority G.S. 108A-25; 108A-25.4; 143B-153; 42 U.S.C. 8621(a); 8624(b); 7 CFR 233.50;
Eff. November 19, 1980;
Amended Eff. September 1, 1991; October 1, 1990; March 1, 1990; August 1, 1985;
Readopted Eff. October 1, 2021.

Disclaimer: These regulations may not be the most recent version. North Carolina 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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