Section 7.44.230. Eligibility requirements; income calculations.

Latest version.

	(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 and electric utility deposit necessary to move into subsidized housing in the state;  
		(2) repealed 11/5/2011;  
		(3) the household's annual unsubsidized home heating costs exceed $200; and   
		(4) the household's gross monthly income does not exceed 225 percent of the level set in the federal poverty guidelines for Alaska established annually by the United States Department of Health and Human Services and revised under 42 U.S.C. 9902(2).  
	(b)  A household is not eligible to participate in the heating assistance program if, at the time of eligibility determination, the household   
		(1) is eligible for or has received benefits from a tribal organization financed by the United States Department of Health and Human Services under 42 U.S.C. 8621 - 8630 (Low-Income Home Energy Assistance Act), unless an agreement to the contrary has been executed between the department and the tribal 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 facility, 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 department 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 department 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.  
	(d)  If the average price of oil under AS 47.25.623(c) is above $150 per barrel, the department will raise the household's gross monthly income limit to 250 percent of the level set in the federal poverty guidelines for Alaska established annually by the United States Department of Health and Human Services and revised under 42 U.S.C. 9902(2).

Authorities

47.05.010;47.25.622;47.25.623;44.62.245;47.05.012

Notes

Authority
 AS 47.05.010  
AS 47.25.622  
AS 47.25.623  
Editor's note: A copy of the federal poverty guidelines for Alaska that are referred to in 7 AAC 44.230 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, 99801-1700.  
On January 26, 2011, as required by AS 44.62.245 and AS 47.05.012, the department gave notice that the following amended version of material, previously adopted by reference in 7 AAC 44.230, would be in effect on March 1, 2011: the United States Department of Health and Human Services poverty guidelines established in 76 Fed. Reg. 3637 - 3638 (January 20, 2011). The amended version may be reviewed at the Department of Health and Social Services, Division of Public Assistance, Heating Assistance Program, 400 W. Willoughby Ave., Suite 301, Juneau, Alaska, 99801-1731. The Federal Register with the amended version may be obtained through the nearest public library. If the Federal Register is not available at that library site, the material can be obtained by that library through the interlibrary loan system. It may also be obtained at http://www.gpo.gov/fdsys.  
On June 2, 2015, as required under AS 44.62.245 and AS 47.05.012, the department gave notice that the following amended version of material, previously adopted by reference in 7 AAC 44.230, would be in effect on January 22,2015: the United States Department of Health and Human Services poverty guidelines established in 80 Fed. Reg. 3236 - 3237 (January 22, 2015). The amended version may be reviewed at the Department of Health and Social Services, Division of Public Assistance, Heating Assistance Program, 400 W. Willoughby Ave., Suite 301, Juneau, Alaska, 99801-1731. The Federal Register with the amended version may be obtained through the nearest public library. If the Federal Register is not available at that library site, the material can be obtained by that library through the interlibrary loan system. It may also be obtained at http://www.gpo.gov/fdsys.  
On February 2, 2016, as required by AS 44.62.245 and AS 47.05.012, the department gave notice that the following amended version of material, previously adopted by reference in 7 AAC 44.230, would be in effect on January 25, 2016: the United States Department of Health and Human Services poverty guidelines established in 81 Fed. Reg. 4036 - 4037 (January 25, 2016). The amended version may be reviewed at the Department of Health and Social Services, Division of Public Assistance, Heating Assistance Program, 400 W. Willoughby Ave., Suite 301, Juneau, Alaska, 99801-1731. The Federal Register with the amended version may be obtained through the nearest public library. If the Federal Register is not available at that library site, the material can be obtained by that library through the interlibrary loan system. It may also be obtained at http://www.gpo.gov/fdsys.  
History Eff. 8/12/2008, Register 187; am 11/22/2008, Register 188; am 10/1/2010, Register 195; am 11/5/2011, Register 200; am 2/20/2014, Register 209

References

7.44.230

                    
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