TITLE 8 SOCIAL SERVICES
CHAPTER 150 LOW INCOME HOME ENERGY ASSISTANCE PROGRAM
PART 600 DESCRIPTION OF PROGRAM/BENEFITS
8.150.600.1 ISSUING AGENCY: New Mexico Human Services Department.
[7-1-95, 11-1-95;
8.150.600.1 NMAC - Rn, 8 NMAC 22.LHP.000.1, 10-1-01]
8.150.600.2 SCOPE: The
rule applies to the general public.
[7-1-95, 11-1-95;
8.150.600.2 NMAC - Rn, 8 NMAC 22.LHP.000.2, 10-1-01]
8.150.600.3 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; 8.150.600.3 NMAC - Rn, 8 NMAC
22.LHP.000.3, 10-1-01]
8.150.600.4 DURATION:
Permanent.
[7-1-95, 11-1-95;
8.150.600.4 NMAC - Rn, 8 NMAC 22.LHP.000.4, 10-1-01]
8.150.600.5 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, 8.150.600.5 NMAC - Rn, 8
NMAC 22.LHP.000.5, 10-1-01]
8.150.600.6 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;
8.150.600.6 NMAC - Rn, 8 NMAC 22.LHP.000.6, 10-1-01]
8.150.600.7 DEFINITIONS:
[RESERVED]
8.150.600.8 BENEFITS
- ISSUANCE AND USE AND VENDOR RESPONSIBILITIES:
A. Issuance
of benefits: Benefits are issued in one
of the following methods:
(1) recipient warrants: HSD issues benefits directly to recipients
through recipient warrants when appropriate and only as a last resort;
(2) vendor payments: HSD issues benefits directly to the vendor;
(a) HSD will provide the account name and
customer account number for the LIHEAP eligible household to the vendor
specified by the household; the vendor will notify HSD of mismatches within a
specified time frame;
(b) vendors who carry customer accounts
will credit eligible households with the amount of the LIHEAP regular benefit
no more than 30 days from the time of the payment; vendors who provide fuel on demand
will provide fuel to eligible households equal to the amount of the LIHEAP
regular benefit no more than 30 days from the date of the eligible household’s
contact with the vendor to make arrangements for the provision of such fuel;
(c) vendors shall return to the LIHEAP
central office excess LIHEAP benefits from the account originally credited if
that account is closed.
(d) vendors should transfer a LIHEAP
benefit credit on an account that is closed after the credit is posted; the
transfer must be to a new or existing account for the new residence of the
recipient household; the vendor must document the transfer in a manner that
meets generally accepted audit standards;
(e) vendors may refund LIHEAP benefit
credit to a household under certain circumstances when the household moves or
will not have service with the company at their residence; the vendor must
document the transfer in a manner that meets generally accepted audit
standards;
(f) vendors must refund LIHEAP benefit
credits on closed accounts to HSD when the credit cannot be transferred to a
new account or the household cannot be located.
B. Benefit use: The recipient household which receives a
direct payment is responsible for using the benefit for the purpose intended:
(1) to purchase fuel, such as propane,
wood, coal, kerosene, fuel oil or other unregulated fuels;
(2) to pay the household's utility
charges, such as those for electric or natural gas services;
(3) to purchase gasoline or tools needed
when a household gathers/cuts its own firewood;
(4) to pay a landlord for the utility
costs that are included in the rent payment;
(5) to pay for a deposit obligation
needed to initiate or continue service.
[7-1-95, 11-1-95, 11-15-96, 10-01-97; 8.150.600.8 NMAC
- Rn, 8 NMAC 22.LHP.601 & A, 10-1-01; A, 10-1-05; A, 10-1-06; A, 10-1-12;
A, 10-1-15]
8.150.600.9 STATE LIHEAP FUNDING:
A. Purpose: To reduce the home heating and cooling costs
of low-income New Mexicans.
B. Benefits:
(1) payments that assist low-income
households to reduce the costs of home heating/cooling; or
(2) weatherization services for the homes
of low-income households.
[8.150.600.9 NMAC
- Rn, 8.150.610.8 NMAC & A, 10-1-12]
8.150.600.10 FUND
USES: Unless specified by the New Mexico state
legislature, the secretary of the human services department has the authority
to specify the uses of the funding.
Funding will be used for purposes similar to those allowed under the
federal low income home energy assistance program.
[8.150.600.10 NMAC
- Rn, 8.150.610.9 NMAC & A, 10-1-12]
8.150.600.11 WINTER MORATORIUM ON UTILITY DISCONNECTION: No utility vendor regulated by the public
regulation commission shall discontinue or disconnect residential utility
service for heating from November 15 through March 15 of the subsequent year
for certain customers.
A. Administering authority: The human services department or a tribal
entity that administers its own low income home energy assistance program are
designated as the authorities to identify customers who meet the certain
qualifications for the winter moratorium.
The customer must also meet the New Mexico public regulation commission
requirements to receive winter moratorium protection.
(1) the
customer is a member of a household in which the total gross income is at or
below 150% of the current federal poverty guidelines; or
(2) one
or more of the household members:
(a) receive supplemental security income;
or
(b) are eligible for any federally funded
assistance program administered by ISD with income guidelines at or below 150%
of the current federal poverty guidelines;
(3) the
person in whose name a utility account is listed and the name of the public
assistance recipient need not match in order for the customer to be entitled to
protection under this section.
C. Proof
of qualification:
(1) HSD
generated approval notice for public assistance programs whose income guidelines
are at or below 150% of the current federal poverty guidelines;
(2) computer
generated notice from HSD; or
(3) form
completed by hand from a local ISD office.
[8.150.600.11 NMAC
- Rn, 8.150.610.10 NMAC & A, 10-1-12; A, 10-1-15]
HISTORY OF 8.150.600 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]