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