Title 7 . Health and Social Services

Chapter 44 . Hearings

Section 40. Eligibility requirements; income calculations

7 AAC 44.040. Eligibility requirements; income calculations

(a) A household is eligible to participate in the heating assistance program only if

(1) the dwelling for which heating assistance is requested is located in the state, and at least one member of the household is physically present in the state at the time of application for, and receipt of, heating assistance; and the household

(A) physically resides in the dwelling for which heating assistance is requested; or

(B) is seeking heating assistance to help with the natural gas or electric utility deposit necessary to move into rental housing in the state;

(2) at least one member of the household is a United States citizen or a qualified alien; for the purposes of this paragraph, "qualified alien" has the same meaning as in 8 U.S.C. 1641;

(3) the household's annual unsubsidized home heating costs exceed $200; and

(4) the household's gross monthly income is no more than 150 percent of the level set in the federal poverty guidelines for Alaska established annually by the United States Department of Health and Human Services, at Fed. Reg. 7555-7557 (February 15, 2000), as amended from time to time and adopted by reference.

(b) A household is not eligible to participate in the heating assistance program if, at the time eligibility determination, the household

(1) is eligible for or has received benefits from an Indian organization financed by the United States Department of Health and Human Services under 42 U.S.C. 8621 - 8629, as amended October 27, 1998 (Low-Income Home Energy Assistance Act of 1981), unless an agreement to the contrary has been executed between the division and the Indian organization; or

(2) resides in a crisis center, hotel, motel, tent, or other shelter normally intended for temporary occupancy, and

(A) has resided there for less than 60 consecutive days before the date of signature on the completed application; and

(B) is not seeking a utility deposit under (a)(1)(B) of this section;

(3) resides

(A) in a

(i) hospital, nursing home, Alaska Pioneers' Home, or other public or private institution to receive treatment for a mental or physical illness;

(ii) student dormitory; or

(iii) correctional facility; or

(B) on a military base; or

(4) resides in subsidized rental housing and has no direct home heating costs.

(c) The division will calculate the household's gross monthly income by counting total cash receipts before taxes, earned and unearned, derived from any source by any member of the household in the calendar month before the date of signature on the completed application. The division will prorate income from self-employed occupations and seasonal employment during the 12-month period before the date of signature on the completed application over a 12-month period to determine the household's gross monthly income.

History: Eff. 1/24/80, Register 73; am 6/22/80, Register 74; am 12/23/80, Register 77; am 5/21/81, Register 78; am 6/2/82, Register 82; am 3/30/84, Register 89; am 3/24/85, Register 93; am 11/1/89, Register 112; am 12/22/94, Register 132; am 10/1/99, Register 151; am 9/9/2000, Register 155

Authority: AS 47.05.010

Editor's note: A copy of the federal poverty guidelines for Alaska that are referred to in 7 AAC 44.040 may be requested from the Heating Assistance Program, Division of Public Assistance, Department of Health and Social Services, 400 W. Willoughby Ave., Suite 301, Juneau, Alaska, 99801-1731.