Florida Regulations 73C-26.023: Client Eligibility and Appeals Process
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(1) Client eligibility will be determined based on the requirements of the Act and rule chapter 73C-26, F.A.C.
(2) The household must reside in Florida at the time of application.
(3) A household must apply for assistance from the LIHEAP Subrecipient which is designated to provide services in the county in which the household is located at the time of application.
(4) The applicant is not eligible for assistance if home energy costs are totally included in the rent and the applicant has no obligation to pay any portion of the energy costs.
(5) The following income factors shall be used to calculate client eligibility:
(a) The gross income of all household members is added together to determine eligibility and the level of assistance;
(b) Medicare premiums paid or deducted from Social Security and Railroad Retirement benefits are included in the gross income;
(c) All income received during the twelve month period prior to the month of application must be verified. If verified income is not available for the entire twelve month period before the month of application, then a shorter period may be used to project estimated annual income. The income amount used must reflect the current economic status of the applicant;
(d) Annual income limits by household size shall be 150 percent of the federally established poverty income guidelines adjusted annually as published in the Federal Register;
(e) Within 30 days of the publication of the federal poverty income guidelines, DEO will send notice of the revised income limits and their effective date to all Subrecipients;
(f) Any applicant who reports income of less than 50 percent of the current poverty income guidelines and does not receive food stamps must explain how basic living expenses are being provided;
(g) If an applicant fails to provide a reasonable explanation of how the household’s basic needs are or were met during the two months prior to application, the applicant will be denied services; and,
(h) If an applicant cannot document household income and does not receive food stamps, the Subrecipient shall accept a signed self-declaration of income statement that adequately explains exceptional circumstances and gives the amount of their income.
(6) Priority will be given to those applicants with the “”highest home energy needs and lowest household income.”” This will be determined by taking into account both the energy burden as defined in 42 U.S.C. § 8622(2) and the unique situation of a household that results from having members of vulnerable populations, including children 5 years and younger, the disabled, and frail older individuals.
(7) The following types of households/individuals will not be eligible to receive assistance from this program:
(a) A student living in a dormitory; and,
(b) A resident of a group living facility or a member of a private home whose cost of residence is at least partially paid through any foster care or residential program administered by the State.
(8) Determination of eligibility will be made without discrimination as to race, color, sex, age, handicap, religion, national origin or political belief.
(9) Notice of whether an applicant is eligible to receive assistance must be sent to the applicant by first class mail or hand delivery.
(a) If the applicant is eligible, the notice will state the amount of the LIHEAP benefit payment and name of the utility vendor.
(b) Any Applicant denied LIHEAP services must be provided a written notice of the denial. At a minimum, the written Notice of Denial and Appeals shall contain the reason for the denial; under what circumstances the client may reapply; what information or documentation is needed for the person to reapply; and the name, telephone number and address to whom the re-application or appeal must be sent.
(10) Subgrantees are required to have written applicant appeal procedures which satisfy the requirements of 42 U.S.C. § 8624(b)(13). Appeal provisions must be posted in a prominent place in the office visible to all applicants.
Rulemaking Authority 409.508 FS. Law Implemented Florida Statutes § 409.508. History-New 11-30-08, Formerly 9B-65.023, Amended 4-25-17.
Terms Used In Florida Regulations 73C-26.023
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
(3) A household must apply for assistance from the LIHEAP Subrecipient which is designated to provide services in the county in which the household is located at the time of application.
(4) The applicant is not eligible for assistance if home energy costs are totally included in the rent and the applicant has no obligation to pay any portion of the energy costs.
(5) The following income factors shall be used to calculate client eligibility:
(a) The gross income of all household members is added together to determine eligibility and the level of assistance;
(b) Medicare premiums paid or deducted from Social Security and Railroad Retirement benefits are included in the gross income;
(c) All income received during the twelve month period prior to the month of application must be verified. If verified income is not available for the entire twelve month period before the month of application, then a shorter period may be used to project estimated annual income. The income amount used must reflect the current economic status of the applicant;
(d) Annual income limits by household size shall be 150 percent of the federally established poverty income guidelines adjusted annually as published in the Federal Register;
(e) Within 30 days of the publication of the federal poverty income guidelines, DEO will send notice of the revised income limits and their effective date to all Subrecipients;
(f) Any applicant who reports income of less than 50 percent of the current poverty income guidelines and does not receive food stamps must explain how basic living expenses are being provided;
(g) If an applicant fails to provide a reasonable explanation of how the household’s basic needs are or were met during the two months prior to application, the applicant will be denied services; and,
(h) If an applicant cannot document household income and does not receive food stamps, the Subrecipient shall accept a signed self-declaration of income statement that adequately explains exceptional circumstances and gives the amount of their income.
(6) Priority will be given to those applicants with the “”highest home energy needs and lowest household income.”” This will be determined by taking into account both the energy burden as defined in 42 U.S.C. § 8622(2) and the unique situation of a household that results from having members of vulnerable populations, including children 5 years and younger, the disabled, and frail older individuals.
(7) The following types of households/individuals will not be eligible to receive assistance from this program:
(a) A student living in a dormitory; and,
(b) A resident of a group living facility or a member of a private home whose cost of residence is at least partially paid through any foster care or residential program administered by the State.
(8) Determination of eligibility will be made without discrimination as to race, color, sex, age, handicap, religion, national origin or political belief.
(9) Notice of whether an applicant is eligible to receive assistance must be sent to the applicant by first class mail or hand delivery.
(a) If the applicant is eligible, the notice will state the amount of the LIHEAP benefit payment and name of the utility vendor.
(b) Any Applicant denied LIHEAP services must be provided a written notice of the denial. At a minimum, the written Notice of Denial and Appeals shall contain the reason for the denial; under what circumstances the client may reapply; what information or documentation is needed for the person to reapply; and the name, telephone number and address to whom the re-application or appeal must be sent.
(10) Subgrantees are required to have written applicant appeal procedures which satisfy the requirements of 42 U.S.C. § 8624(b)(13). Appeal provisions must be posted in a prominent place in the office visible to all applicants.
Rulemaking Authority 409.508 FS. Law Implemented Florida Statutes § 409.508. History-New 11-30-08, Formerly 9B-65.023, Amended 4-25-17.