Guidance, Policies, and Procedures

As part of its Federal responsibility, the Division of Energy Assistance within the U.S. Office of Community Services, develops guidelines, memoranda and transmittals, policies, and report forms to provide guidance to grantees that administer LIHEAP. Additional guidance is provided through LIHEAP's statute and regulations.

Eligibility Criteria

Unlike some Federal programs, eligibility guidelines can vary greatly among LIHEAP grantees. LIHEAP eligibility criteria include the following:

Income Guidelines

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 state median income is higher. Income eligibility criteria for LIHEAP may not be set lower than 110 percent of the poverty.

Historical HHS Poverty Income Guidelines are available for 1982 - 2008. Historical State Median Income Estimates are available for FY 1974 - FY 2008.

The Federal government issues the poverty levels as the HHS Poverty Guidelines and state median income as State Median Income Estimates. Updates of both the HHS Poverty Guidelines and State Median Income Estimates are published each winter in the Federal Register.

As of October 1, 2007 (the beginning of FY 2008), the 2007 HHS Poverty Guidelines and State Median Income Estimates for FY 2008 were in effect for LIHEAP.

Upon publication in the Federal Register, LIHEAP grantees have the option of switching to the 2008 HHS Poverty Guidelines and/or the State Median Income Estimates for FY 2009 for the remainder of FFY 2008. However, LIHEAP grantees must by the beginning of FY 2009 (October 1, 2008) 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 eligibility criteria.

Note: Public Law 110-329 was enacted on 9/30/08. The law appropriated a total of $5.1 billion to the LIHEAP program under the Continuing Resolution for FY 2009. The law includes a provision that raises from 60% to 75% State Median Income in establishing the LIHEAP Federal income maximum for FY 2009. States can change their income eligibility requirements above the current law (at their option) to allow more households to be income eligible for LIHEAP assistance for FY 2009. However, this provision is applicable to FY 2009 LIHEAP funds only.

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.

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 income eligible household in the fairest way possible, relative to other potentially income eligible households.

Note --The amount of any LIHEAP payments or allowances provided directly to, or indirectly for the benefit of, an income eligible household shall not be considered income or resources of that income eligible 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 having at least one member who also receives assistance under any of the following Federal programs (referred to as categorical eligibility):

• Temporary Assistance for Needy Families
• Supplemental Security Income
• Food Stamps
• certain needs-tested Veteran Benefits.

Other Eligibility Criteria

LIHEAP grantees have the flexibility of serving only those income eligible 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.

Special Topics

Over time, there are certain LIHEAP Information Memorandum that provide guidance certain special topics relevant to the LIHEAP Program, as indicated below.

Statute and Regulations

Statute

Sections of the LIHEAP statute are listed below as amended through August 1, 1999. The LIHEAP statute was amended in 2005 by Subtitle B of the Energy Policy Act of 2005 (Public Law 109-58) which reauthorized LIHEAP through FY 2007. (Reauthorization of LIHEAP is currently pending.)

• 2601. Short Title
• 2602. Home Energy Grants Authorized
• 2603. Definitions
• 2604. State Allotments
• 2605. Applications And Requirements
• 2606. Nondiscrimination Provisions
• 2607. Payments To States
• 2607a. Leveraging Incentive Program
• 2607b. R.E.A.Ch
• 2608. Withholding
• 2609. Construction Limitation
• 2609a. Technical Assistance And Training
• 2610. Studies
• 2611. Repealer
• Other Relevant Statutory Provisions
  

Regulations

The HHS regulations for the LIHEAP block grant are found in Title 45: Public Welfare, Part 66--Block Grants; Subpart H. Also Subparts A-F of the HHS block grant regulations are relevant to LIHEAP.

Transmittals/Memoranda

Action Transmittals (ATs)--The Division of Energy Assistance issues LIHEAP ATs to LIHEAP Grantees to communicate actions that LIHEAP grantees need to take concerning the program. LIHEAP Action Transmittals are available for Fiscal Year 2005 - the current Fiscal Year.

Information Memoranda (IMs)--The Division of Energy Assistance also issues LIHEAP IMs to LIHEAP Grantees to communicate information about the program. LIHEAP Information Memoranda are available for Fiscal Year 2005 - the current Fiscal Year.

Note--Not all attachments to IMs and ATs are accessible on this web site. If a particular attachment is needed, send us an e-mail message that includes the IM # or AT #, the attachment requested, your name, and e-mail address.

Note--Persons who download attachments or try to print attachments from their web browser may encounters attachments with very wide tables of data (20 or more columns). Such attachments are very difficult to format properly which make tables unreadable. As a result these tables must be displayed as very wide (17 inches) landscape pages with a fixed-width font such as Courier.

Tribal Manual

The purpose of the Tribal Manual (2005) is to provide Tribal grantees with program and financial information about the LIHEAP Program.