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Administration for Children and Families US Department of Health and Human Services

Low Income Home Energy Assistance Program
Division of Energy Assistance/OCS/ACF

Eligibility Guidelines

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Income Eligibility--State Median Income/Poverty Guidelines | Categorical Eligibility | Additional Eligibility Criteria


LIHEAP assists eligible low income households in meeting the heating or cooling portion of their residential energy needs. In order to be eligible to receive LIHEAP assistance, a household must be low income and meet any additional eligibility critieria established by the LIHEAP grantee.

Low Income Households

The LIHEAP statute defines low income households in either one of two ways:

Income eligibility

The LIHEAP statute establishes 150 percent of the poverty level as the maximum income level allowed in determining LIHEAP income eligibility, except where 60 percent of a state's median income is higher. Income eligibility criteria for LIHEAP may not be set lower than 110 percent of the federal poverty income guidelines. The Federal LIHEAP statute does not define "income." Therefore, each LIHEAP grantee is responsible for defining income. The definition of income should identify the items or sources of funds that are to be counted as income.

Below are important points concerning LIHEAP income eligibility criteria:

  • LIHEAP grantees can set the household income cutoff at any figure between 110 percent of the poverty level and the greater of 150 percent of the the poverty level or 60 percent of state median income. Usually 60 percent of state median income is higher than 150 percent of the poverty levels. Both the poverty levels and state median incomes are adjusted by the number of persons living in a household that is applying for assistance.

  • Some LIHEAP grantees use "gross" income instead of "net" income (income after certain deductions) in determining income eligibility for LIHEAP. As part of gross income, a number of LIHEAP grantees count the receipt of money such as child support payments as income. That amount would then be included in the gross income total when determining a household's income eligibility for LIHEAP benefits. Using gross income is a generally accepted (though not a required) practice in many programs, including the LIHEAP program. Total gross income provides a "base" from which to evaluate a potentially eligible household in the fairest way possible, relative to other potential eligible households.

  • The federal government issues the poverty levels as the HHS Poverty Guidelines and state median income as State Median Income Estimates. Both the HHS Poverty Guidelines and State Median Incomes are published each year in the Federal Register.

  • The State Median Income Estimates for FFY 2004 and the 2003 HHS Poverty Guidelines were the LIHEAP income eligibility criteria in effect on October 1, 2003, the beginning of the Federal Fiscal Year (FFY) 2004.

  • The 2004 HHS Poverty Guidelines were published on February 13, 2004 in the Federal Register. Historical information on the HHS Poverty Guidelines is available for 1982 -2004.

  • State Median Income Estimates for FY 2005 were published on March 17, 2004 in the Federal Register. Historical information on the State Median Income Estimates is available for FY 1974 - FY 2005.
Upon publication in the Federal Register, LIHEAP grantees have the option of switching to the 2004 HHS Poverty Guidelines and/or the State Median Income Estimates for FFY 2005 for the remainder of FFY 2004. However, LIHEAP grantees must by the beginning of FFY 2005 (October 1, 2004) or by the beginning of a LIHEAP grantee's fiscal year, whichever is later, adjust their income eligibility criteria so that they are in accord with these new income eligbility criteria.

NOTE: The amount of any LIHEAP payments or allowances provided directly to, or indirectly for the benefit of, an eligible household shall not be considered income or resources of such household (or any member thereof) for any purpose under any Federal or State law, including any law relating to taxation, food stamps, public assistance, or welfare programs.

Categorical eligibility

Under the law, LIHEAP grantees have the flexibility of serving households with at least one member who also receives assistance under the following federal programs (also referred to as categorical eligibility):

Additional Eligibility Criteria

LIHEAP grantees have the flexibility of serving only those low income households that meet additional LIHEAP eligibility criteria, such as passing an assets test, living in nonsubsidized housing; having a household member who is elderly, disabled, or a young child; or receipt of a utility disconnection notice.


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www.acf.hhs.gov/programs/liheap
Updated 4/9/04