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 Human Services Department.
[7-1-95, 11-1-95;
8.150.620.1 NMAC - Rn, 8 NMAC 22.LHP.000.1, 10-1-01]
8.150.620.2 SCOPE: The
rule applies to the general public.
[7-1-95, 11-1-95;
8.150.620.2 NMAC - Rn, 8 NMAC 22.LHP.000.2, 10-1-01]
8.150.620.3 STATUTORY
AUTHORITY: 27 NMSA 1978 (1992 Repl.) provides for the
department to “...adopt, amend and repeal bylaws, rules and regulations...”. It
also provides for administration of public assistance programs.
[7-1-95, 11-1-95; 8.150.620.3
NMAC - Rn, 8 NMAC 22.LHP.000.3, 10-1-01]
8.150.620.4 DURATION:
Permanent.
[7-1-95, 11-1-95;
8.150.620.4 NMAC - Rn, 8 NMAC 22.LHP.000.4, 10-1-01]
8.150.620.5 EFFECTIVE
DATE: November 15, 1996, unless a different date is
at the end of a section or paragraph.
[7-1-95, 11-1-95;
1-15-96, 8.150.620.5 NMAC - Rn, 8
NMAC 22.LHP.000.5, 10-1-01]
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.
[7-1-95, 11-1-95;
8.150.620.6 NMAC - Rn, 8 NMAC 22.LHP.000.6, 10-1-01]
8.150.620.7 DEFINITIONS:
[RESERVED]
8.150.620.8 POINT
SYSTEM: A point allocation system is used to insure
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.
[7-1-95, 11-1-95,
11-15-96, 10-1-97, 10-1-00; 8.150.620.8 NMAC - Rn, 8 NMAC 22.LHP.620 & A,
10-1-01]
8.150.620.9 CALCULATING
THE BENEFIT/ASSIGNMENT OF POINTS: To determine the amount of the
benefit for households with an energy cost, HSD 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) 0 points for 0 - 5% energy burden;
(b) 1 point for 6 - 10% energy burden;
(c) 2 points for 11 - 15% energy burden;
or
(d) 3 points for 16% or more energy
burden.
(2) Additional Energy Burden: If the household’s energy burden is for the
use of propane, an additional two (2) 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: HSD
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
60% of the FPG, the household will receive three income points. (See below.)
(1) 3 points - income is 0 - 100% of the
FPG
(2) 2 points - income is 100 - 150% of
the FPG
C. Vulnerable population points: HSD assigns additional points for any
household members in the following vulnerable groups.
(1) Age 60 and over: Two (2) 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 5 and under: Two (2) points are assigned to eligible
households based on the inclusion of one or more household members age 5 and
under as determined by birthdate data.
(3) Disability: Two (2) 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 him/herself 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.
[7-1-95, 11-1-95,
11-15-96, 10-1-97, 12-1-97, 10-1-00; 8.150.620.9 NMAC - Rn, 8 NMAC 22.LHP.621.1
& A, 10-1-01; A, 10-1-05; A, 10-01-06; A, 10-01-07; A, 10-1-15]
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 HSD 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.
[7-1-95, 11-1-95,
11-15-96, 10-1-97, 10-15-98, 10-1-00; 8.150.620.10 NMAC - Rn, 8 NMAC
22.LHP.621.2, 10-1-01; A, 10-01-05; A, 10-01-06; A, 10-1-15]
8.150.620.11 [Reserved]
[8.150.620.11 - N,
10-1-01; A, 10-01-06; A, 10-01-07; Repealed, 10-1-12]
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.
[8.150.620.12 - N,
10-1-12]
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,
11-12-82.
ISD 600.0000, Low Income Energy Assistance
Program, 1-9-84.
ISD 710.0000, Energy Assistance Programs,
11-15-85.
ISD 620.0000, Crisis Intervention
Assistance, 11-12-82.
ISD 620.0000, Energy Crisis Intervention
Assistance, 12-27-83.
ISD 714.0000, Energy Crisis Intervention,
11-20-85.
ISD 630.0000, Program Administration,
11-12-82.
ISD 630.0000, Program Administration,
12-27-83.
ISD 715.0000, Administration of Energy
Assistance Programs, 11-20-85.
ISD FA 710, Energy Assistance Programs,
12-5-89.
ISD CAS 700, Energy Assistance Program,
11-13-91.
ISD CAS 700, Energy Assistance Program,
11-10-92.
ISD/CACB/LHP 700, Low Income Home Energy
Assistance Program, 5-6-94.
ISD/CACB/LHP 700, Low Income Home Energy
Assistance Program, 7-28-94.
History
of Repealed Material: [RESERVED]