TITLE 8                 SOCIAL SERVICES

CHAPTER 150    LOW INCOME HOME ENERGY ASSISTANCE PROGRAM

PART 610             GASOLINE AND HOME HEATING RELIEF FUND

 

8.150.610.1          ISSUING AGENCY:  New Mexico Human Services Department.

[8.150.610.1 NMAC - N, 10-01-07]

 

8.150.610.2          SCOPE:  The rule applies to the general public.

[8.150.610.2 NMAC - N, 10-01-07]

 

8.150.610.3          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.  27-6-18.1designates HSD as one of the administering authorities regarding program eligibility.

[8.150.610.3 NMAC - N, 10-01-07]

 

8.150.610.4          DURATION:  Permanent.

[8.150.610.4 NMAC - N, 10-01-07]

 

8.150.610.5          EFFECTIVE DATE:  October 1, 2007, unless a later date is at the end of a section.

[8.150.610.5 NMAC - N, 10-01-07]

 

8.150.610.6          OBJECTIVE:  The objective of the gasoline and home heating relief fund is to provide state general fund for the purposes of the LIHEAP program.

[8.150.610.6 NMAC - N, 10-01-07]

 

8.150.610.7          DEFINITIONS:  [RESERVED]

 

8.150.610.8          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.

[8.150.610.8 NMAC - N, 10-01-07]

 

8.150.610.9          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.

[8.150.610.9 NMAC - N, 10-01-07]

 

8.150.610.10        WINTER MORATORIUM ON UTILITY DISCONNECTION:  No utility 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 qualifications.

                B.            Qualification:  Customers who meet the qualifications to receive assistance pursuant to the low-income home energy assistance program.

                    (1)     The customer is a member of a households in which one or more members:

                              (a)     receive(s) 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; or

                              (c)     reside in a household whose total gross income is at or below 150% of the current federal poverty guidelines.

                    (2)     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 certain public assistance programs;

                    (2)     computer generated notice from HSD;

                    (3)     form completed by hand from a local ISD office;

                    (4)     HSD generated data file listing qualified households;

                    (5)     form completed by any agency charged with determining eligibility for a public assistance program; or

                    (6)     HSD and a utility company/municipality may mutually agree on a method of notification.

[8.150.610.10 NMAC - N, 10-01-07]

 

HISTORY OF 8.150.610 NMAC:  [RESERVED]