TITLE 8 SOCIAL
SERVICES
CHAPTER 150 LOW
INCOME HOME ENERGY ASSISTANCE PROGRAM
PART 620 BENEFIT
DETERMINATION GENERAL
8.150.620.1 ISSUING
AGENCY: New Mexico Health Care Authority.
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8.150.620.2 SCOPE: The rule
applies to the general public.
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8.150.620.3 STATUTORY
AUTHORITY: Section 9-8-1 et seq. NMSA 1978 establishes
the health care authority (HCA) as a single, unified department to administer
laws and exercise functions relating to health care facility licensure and health
care purchasing and regulation. It also
provides for administration of public assistance programs.
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8.150.620.4 DURATION: Permanent.
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8.150.620.5 EFFECTIVE
DATE:
July 1, 2024, unless a different date is at the end of a section.
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8.150.620.6 OBJECTIVE: The objective
of these regulations is to provide policy and procedures for the administration
of the low income home energy assistance program (LIHEAP).
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8.150.620.7 DEFINITIONS: [RESERVED]
8.150.620.8 POINT
SYSTEM: A point allocation system is used to ensure
that the highest level of assistance is provided to those households with the
highest energy needs, lowest income and largest household member size while
giving priority to those households with vulnerable members.
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8.150.620.9 CALCULATING
THE BENEFIT/ASSIGNMENT OF POINTS: To determine the amount of the benefit for
households with an energy cost, HCA assigns points for each following factors.
A. Energy costs points: Points are assigned based on the energy
burden at the household’s current residence for households that have a direct
cost for heating or cooling expenses.
(1) Energy burden: Energy burden is “the expenditures of the
household for home energy divided by the income of the household.” Points are assigned to the household by
determining the households' percentage of energy burden. The point allocation for energy burden is:
(a) Zero points for zero
to five percent energy burden;
(b) One point for six
to ten percent energy burden;
(c) Two points for eleven
to fifteen percent energy burden; or
(d) Three points for sixteen
percent or more energy burden.
(2) Additional energy burden: If the household’s energy burden is for the
use of propane, an additional two points will be allocated.
(3) Receipt of energy burden points: Certain households do not receive energy
burden points:
(a) households whose
utilities are included in the rent; or
(b) households that
use wood to heat their home and do not purchase wood.
(4) Energy standard allowance (ESA): Each year an ESA will be determined. The standard amount will be based on the fuel
and electricity standards calculated for the standard utility allowance (SUA)
used in the New Mexico supplemental nutrition assistance program (SNAP). The ESA may be used when the monthly utility
costs provided by the applicant are: a) less than the standard; or b) the applicant
has new service and costs are
not available.
B. Income points: HCA assigns income points using the
household's monthly total countable gross income and the household size. The number of points is determined by
identifying what percentage the household's income is of the federal poverty
guidelines (FPG) for the LIHEAP FFY. For
example, if the total monthly income is sixty percent of the FPG, the household
will receive three income points. (See below.)
(1) Three points - income is zero to one
hundred percent of the FPG
(2) Two points - income is one hundred to
one hundred fifty percent of the FPG
C. Vulnerable population points: HCA assigns additional points for any
household members in the following vulnerable groups.
(1) Age 60 and over: Two points are assigned to eligible
households based on the inclusion of one or more household members age 60 or over as determined by birthdate data.
(2) Age five and under: Two points are assigned to eligible
households based on the inclusion of one or more household members age five and under as determined by birthdate data.
(3) Disability: Two points are assigned to eligible
households having one or more members with a disability. Disability is defined as physical or mental
impairment resulting in substantial reduction in the ability of an individual
to care for themselves or carry out normal activities. When one or more members receive disability
based income, the household is entitled to the points. A doctor's statement of current disability
will be required for assignment of the point for this factor if the disabled
member does not receive disability-based income.
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8.150.620.10 CALCULATION
OF BENEFIT AMOUNT:
A. Prior to the start of the application
period projections will be made to determine point value. Anticipated grant of
award, potential applicants and the current economy of the state of New Mexico
will be used to determine the point value. Households eligible for a LIHEAP
benefit will have their point total multiplied times the point value. The product is the amount of payment that is
issued to the utility vendor for credit on the household’s account or is sent
to the household.
B. Based on the availability of funds,
benefits are issued for eligible applications received through September 30.
C. At the direction of the HCA
secretary, the point value for energy cost points, income points, vulnerable
population points, additional energy burden points, or any of their parts, may
be adjusted as necessary taking into consideration the factors described in
Subsection A of 8.150.620.10 NMAC.
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8.150.620.11 [Reserved]
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8.150.620.12 RETROACTIVE
BENEFIT COVERAGE: Households that were denied LIHEAP benefits
or received a lesser benefit than they were entitled to but prevail in an
appeal through an agency conference or fair hearing are entitled a retroactive
benefit.
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HISTORY OF
8.150.620 NMAC:
Pre-NMAC
History: The material in this part was derived from
that previously filed with the State Records Center and Archives:
ISD 600.0000, Energy Assistance Programs, 11/12/1982.
ISD 600.0000, Low Income Energy Assistance Program, 1/9/1984.
ISD 710.0000, Energy Assistance Programs, 11/15/1985.
ISD 620.0000, Crisis Intervention Assistance, 11/12/1982.
ISD 620.0000, Energy Crisis Intervention Assistance, 12/27/1983.
ISD 714.0000, Energy Crisis Intervention, 11/20/1985.
ISD 630.0000, Program Administration, 11/12/1982.
ISD 630.0000, Program Administration, 12/27/1983.
ISD 715.0000, Administration of Energy Assistance
Programs, 11/20/1985.
ISD FA 710, Energy Assistance Programs, 12/5/1989.
ISD CAS 700, Energy Assistance Program, 11/13/1991.
ISD CAS 700, Energy Assistance Program, 11/10/1992.
ISD/CACB/LHP 700, Low Income Home Energy Assistance
Program, 5/6/1994.
ISD/CACB/LHP 700, Low Income Home Energy Assistance
Program, 7/28/1994.
History of
Repealed Material: 8.150.620 NMAC - Benefit Determination General (filed 9/17/2001), Repealed
effective 7/1/2024.
Other: 8.150.620 NMAC - Benefit Determination General (filed 9/17/2001), Replaced by
8.150.620 NMAC - Benefit Determination
General, effective 7/1/2024.