Par.1.	Material Transmitted and Purpose – Transmitted with this Manual Letter are changes to Service Chapter 415, Low Income Home Energy Assistance Program. This manual letter incorporates IM 5016 & AMENDED IM 5016, Temporary Assistance for Needy Families (TANF) Transition Assistance and IM 5029, Iraqi & Afghani Special Immigrant Policy.

LIHEAP General Provisions 415-05

1.	415-05-05 – Definitions.  Added garnishment as a definition and alphabetized definitions.

Garnishment
A garnishment is a means of collecting a monetary judgment against a defendant by ordering a third party (the garnishee) to pay money, otherwise owed to the defendant, directly to the plaintiff. Wage garnishment, the most common type of garnishment, is the process of deducting money from an employee’s monetary compensation (including salary) as a result of a court order.

Examples of garnishments that can be used by LIHEAP are:
Child support
Taxes
Unpaid court fines 

Application & Verification Procedures 415-15

2.	415-15-05-06 - Head of Household.  Added 2nd paragraph to clarify policy regarding social security number for head of household.

Head of Household 415-15-05-06
The head of the household is the household member responsible for payment of the heat cost. Usually, this is the person who will be the applicant for heating assistance and who will sign the application. However, any other household member could provide the application information and documentation and could sign the form to attest to its accuracy. See 415-15-10-17 regarding verification of heating responsibility. See also 415-35 for information regarding the payment process when the designated head of household for LIHEAP is a different person than the person whose name is on the bill.

Note: Usually the social security number for the head of household should be used when entering an application.  If the applicant has no social security number , leave it blank and request that a “dummy“ number be assigned by the state office.

3.	415-15-05-10 - Deadlines for Application.  A correction was made to the wording in paragraph five.

Deadlines for Application 415-15-05-10
If the application has not been signed and dated, the county does not have a valid application and it is not necessary to make any data entry on the computer.

4.	415-15-10 - Verification Procedures.  Added second paragraph regarding SFN 1059, Authorization to Release Liability.

Verification Procedures 415-15-10
Unless otherwise indicated, Department of Human Services SFN 1059, "Authorization to Release Information," should be used whenever requesting information not available from public records, or when the general release on the application is not adequate for the agency asked to supply information.
If medical information is needed to determine eligibility on a case, the SFN 1059 should be used. The statement on the LIHEAP application is not sufficient.

5.	415-15-10-05-20 - Deductions – Verification, Added information about Recipient Liability (#1) and garnishments (#4).

Deductions – Verification 415-15-10-05-20
Except for the earned income deduction, all deductions (415-25-05-05) from the gross income that exceed $500 per year must be verified. (The $500 applies to each category of deductions, i.e., Medical, Child Support, etc.). Acceptable verifications may include:
1.	Medical	Cancelled checks, receipts, vendor account statements (Recipient Liability can be used if there is at least a three month record of the household meeting R. L.)	
2.	Child Support 	The Child Support Enforcement System is to be used to determine child support income.	
3.	Education	Bills, statements, receipts, from the educational institution (See 415-25-05-05 Item 7)	
4.	Garnishment	Copy of the court order/Verification of IRS levies, etc. (See 415-05-05 Definition of Garnishment)	
5.	Employment	Statement from employer, work schedule from employer, receipts from motels or work-site landlord (See 415-25-05-05 Item 7)	
6.	Child Care
 	Cancelled checks, receipts from providers, etc. in combination with evidence of the amount reimbursed from an outside source such as TANF.	

6.	415-15-10-05-25 - Board and Room - Verification.  This section is repealed.

Board and Room - Verification 415-15-10-05-25
Room arrangements as described in 415-25-05-45 must also be verified if cancelled check or receipts are not available, the county social service board may accept a statement describing the room arrangement signed by both the roomer and head of household.

7.	415-15-10-10 – School Attendance – Verification. Clarified policy regarding age of minor child.

School Attendance – Verification 415-15-10-10

When the household wishes to have the earnings of a minor child under age 19 and below under but still in secondary school disregarded from the determination of household income, it will be necessary to verify the school attendance of the child whose earnings are to be disregarded. This should be verified at the time of the initial application. (See 415-25-05-50)

8.	415-15-10-20 - Verification of Other Eligibility Factors.  Clarified policy for joint custody agreements (2nd paragraph).

Verification of Other Eligibility Factors 415-15-10-20
Verification of the applicant's statement of resources or assets, or any other factor of eligibility and benefit determination, may be required whenever it is questionable in the judgment of the county social service board representative. If the required verification is refused, the application may be denied. In addition to the household income and assets, eligibility and/or benefit determination factors include, but are not limited to identity, location and size of home, type of fuel, various dates, household composition, vulnerability, etc.
Household composition is difficult to determine for families that have joint custody of children.  Written statements from each head of household and/or another reasonable document are accepted as verification.
If there is a court order or legal agreement form that indicates that both parents have 50% custody of their children, each parent can count the children in their household.

The following are illustrations of circumstances in which the eligibility worker would find it "prudent" to make further inquiry into the applicant's eligibility status:

1.	The applicant's situation indicates potential resources not reported by the applicant, such as sick leave benefits, eligibility for OASDI, veterans benefits, unemployment compensation, or when there is reported interest income without reported assets;
2.	Property or cash reserve holdings are very near or equal to the limitation allowed; and
3.	The applicant's condition indicates that some, if not all, of the eligibility factors need further inquiry or verification. This would include instances in which the applicant:
a.	Appears to be mentally confused.
b.	Is physically ill or disabled and unable to participate adequately in the eligibility determination process.
c.	Has a known history of misrepresentation.
d.	Is a transient or someone who changes his address frequently or who has no permanent place of abode.

Benefits Available & Eligible Households 415-20

9.	415-20-05-10-05 - Furnace and/or Chimney Cleaning. Added 3rd paragraph to clarify furnace cleaning policy and changed wording in 4th paragraph.

Furnace and/or Chimney Cleaning 415-20-05-10-05
To prevent a heating crisis and promote safety and energy conservation, premium benefits can be paid to clean the furnace of an eligible household. Up to $100 per household (exceptions must be approved by the State Administrator) may be used for travel, labor, furnace cleaning, maintenance, and service including the cost of replacement parts such as fuel nozzle, filter, etc., necessary for maintenance and service. An additional $100 per household may be allowed for chimney cleaning when necessary for safety. All households who were financially eligible for basic LIHEAP heating assistance in any prior month of the current fiscal year are also eligible for these services, except as noted in the following paragraph.
Exception for furnace cleaning for those now eligible: If a household had a furnace cleaning done prior to LIHEAP eligibility and the vendor can fill out the furnace and chimney cleaning form with accuracy then the cost of furnace cleaning can be reimbursed to the client.
One furnace cleaning per household per season is allowed. The household has the choice of a primary or secondary furnace being cleaned in a season.
When a furnace cleaning and/or chimney cleaning is completed by a vendor, both the household and the vendor needs need to sign the form. No payment will be made on the form unless there is a signature from both parties.
When the county is responsible for emergency furnace repairs, the county needs to take the following steps:
1.	Insure that the furnace is not functional or poses a threat to the household’s health and safety.
2.	Have the household fill out an application for emergency assistance
3.	Determine whether the household is eligible (income and asset)
4.	Contact a vendor to repair the furnace (two bids are not needed for furnace repair)
5.	When the furnace has been repaired, it should be determined that the household is satisfied with the repair and the vendor’s costs are reasonable. Furnace breakdowns on a weekend may be reimbursed if an eligible household reports to the county immediately on Monday. Households should contact the office in a timely manner to have emergency furnace repair bills paid or reimbursed. Prudent judgment will enter into the decision of whether or not to make a payment.
Furnace and/or chimney cleaning may be authorized for renters or homeowners who purchase fuel from a vendor, but not for a renter whose heat is included as an undesignated part of the rent. Furnace and/or chimney cleaning should not be authorized if the heating unit services more than one living unit and other households in the building are not LIHEAP recipients.
Requests for furnace/chimney cleanings may be made October 1 - July 31 of the current heating season.
Some LIHEAP eligible households have yearly maintenance contracts with fuel vendors. Vendors are responsible for repairing any appliance in the household including cleaning the furnace. The vendor must notify the county office (unless the household had already requested a furnace cleaning from the vendor) they are going to do a furnace/chimney cleaning and request a furnace/chimney cleaning form from the county office. The vendor then must verify the cleaning by supplying the county office with the completed furnace/chimney cleaning form (at this time inform the county that the household has a vendor contract.) The county can reimburse the household when the bill and the completed furnace/chimney cleaning form are received. The charge for the furnace cleaning has to be in line with other furnace cleaning done to similar furnaces.
Prior authorization by the county social office is required. It is the responsibility of the client to choose a vendor who can perform the required services. The furnace/chimney cleaning authorization is generated in the LIHEAP system by the county social service office. (This is done by using Option ‘Z’ Notice of Action, then go to ‘F’ under "add" a record.) The authorization is sent from the state office to the vendor. The vendor in turn calls the client and sets up an appointment for the furnace/chimney cleaning.
The payment is to be entered on the computer by the county social service office as a premium payment, on the "Miscellaneous and Emergency Payments" screen, Reason Code "N," service code "14."

10.	415-20-10-50 - Aliens Barred from LIHEAP Participation, Added information about Iraqi and Afghani Special immigrants (#5) and acceptable forms of verification from Canadian Indians (#6). This supersedes IM 5029.

Aliens Barred from LIHEAP Participation 415-20-10-50
5.	Iraqi and Afghani aliens and family members who claim special immigrant status must provide verification that they have been admitted under section 101(a) (27) of the INA. Once found eligible for LIHEAP, the household would be eligible for the full season in which they applied.
6.	Canadian Indians are eligible for LIHEAP if they provide a blood quantum letter which contains information from the individual’s Band, Tribe, and Nation and states that the individual’s blood quantum is at least 50% aboriginal blood.
The document may use the following verbiage:
•	….at least 50% Aboriginal blood
•	….at least 50% Indigenous blood
•	….at least 50% North American Indian blood
•	….at least 50% American Indian blood
All Indians on reservations must use tribal programs.

Eligibility Determination 415-25

11.	415-25-05-05 - Deductions from Income.  Added reference to garnishment definition in #4.

Deductions from Income 415-25-05-05
4.	The annualized amount of wages garnished by a court order, or other deductions/payments required by statutory law such as levies by the Internal Revenue Service (IRS), etc. See 415-05-05 for a definition of garnishment.

12.	415-25-05-05-05 - Medical Expenses as Deductions.  A change was made to the wording in #7 and #9.

Medical Expenses as Deductions 415-25-05-05-05
7.	Securing and maintaining a service dog animal, including dog the cost of food and veterinarian bills.

9.	Reasonable cost of transportation and lodging to obtain medical treatment or services. (Use the rate Medicaid is using for "Non-Emergency Transportation Rates.") (IM will be out every year to show the current costs for these items.) Medicaid rates in effect on October 1 of each year will be in effect for the entire fuel season beginning on that October 1.

13.	415-25-05-10 - Income Eligibility Levels.  Updated income eligibility limits for FY2009.

Income Eligibility Levels 415-25-05-10

The income eligibility limits for heating assistance are based on 60% of the North Dakota median income. The monthly income eligibility levels are determined by dividing the annual amount by 12 months and rounding off to the nearest dollar (indicated by *).

Therefore, the adjusted gross income eligibility limits for FY2008 FY2009 are as follows:

Household Size	Annual Eligibility Limit	Monthly Eligibility Limit*	
1	$21,079	$1,757	
2	$27,564	$2,297	
3	$34,050	$2,838	
4	$40,536	$3,378	
5	$47,022	$3,919	
6	$53,508	$4,459	
7	$54,724	$4,560	
8	$55,940	$4,662	
9	$57,156	$4,763	
10	$58,372	$4,864	
11	$59,588	$4,966	
12	$60,804	$5,067	

14.	415-25-05-20-05 – Earned Income.  Clarified earned income policy and military re-enlistment bonuses.

415-25-05-20.   Income to be Included.

Earned Income 415-25-05-20-05

 “Earned income" is income in cash, check or "in-kind" payment which is currently earned through the receipt of wages, salaries, tips, commissions or profit from activities in which a household is engaged through either employment or self-employment. Also included are employment bonuses; sick leave pay or loss of time private insurance paid for the loss of employment due to illness; on-the-job training wages; sheltered workshop employment wages; Experience Works wages; compensation for jury duty; and Workforce Investment Act (WIA) minimum wage payments made for "entry employment," classroom, or work experience hours. (For disregarded WIA payments, see 415-25-05-30Item 21(d).
Earned income includes:
•	Wages, salaries, commissions, bonuses, or profits received as a result of holding a job
•	Sick leave pay or loss of time private insurance paid for the loss of employment due to illness 
•	Earnings for on-the-job training provided by Workforce Investment Act
•	Earnings from student employment, which is different than work study
•	Sheltered workshop employment wages
•	Experience Works wages
•	Compensation for jury duty
•	Workforce Investment Act (WIA) minimum wage payments made for "entry employment," classroom, or work experience hours. (For disregarded WIA payments, See 415-25-05-30 Item 21(d)).
•	Income from internships, or stipends, teaching assistantships, or fellowships which require work participation to receive the income
•	Tips.  If tips are not shown on the wage stub, the recipient’s statement as to the amount of tips received each month is adequate if consistent with place, kind of employment and number of hours worked
•	Veterans Administration for maintenance needs; these are benefits not specifically earmarked for other needs
•	Variable Housing Allowance (VHA), Basic Allowance for Quarters (BAQ) and Basic Allowance for Housing (BAH) paid to military personnel for housing costs
•	Military re-enlistment bonuses can be paid as a lump sum payments or up to 50% of the bonus amount as an initial payment with the remainder paid in equal annual payments. 

If the household receives the bonus as a lump sum payment, it is exempted as irregular income. The bonus is counted as a resource the month it is received.

If the income is received as initial payment with the remainder paid in equal installments the income is to be counted as earned income.

It is up to the branch of military service to decide which military grades/series get the bonus and how much they get. Verification of bonus and payment must be obtained. 
(See 415-25-05-05 Item 3 regarding earned income deduction.)

15.	415-25-05-20-20 - Other Income.  Added TANF Transition Job Retention to #1 and moved policy regarding Military Re-enlistment Bonuses (#18) to Section 415-25-05-20 Earned Income. This supersedes both IM 5016 and AMENDED IM 5016. A correction was made to the wording in #9 and #10.

Other Income 415-25-05-20-20
Income from all other sources not excluded by 415-25-05-30 must be included in the determination of the household's income.
1.	TANF, Diversion Assistance and TANF Transition Job Retention.
2.	Pensions dispersed upon retirement according to the pension plan (normally as monthly checks) from all sources such as railroad, veterans, social security, SSI, and private pensions.
3.	Benefits such as unemployment compensation, worker's Compensation, veteran's compensation, and union compensation during strikes.
4.	Dividends and interest from investments and trusts.
5.	Disability benefits.
6.	Need-related veterans benefits.
7.	Child support and alimony payments. It is mandated by LIHEAP that the Child Support Enforcement System must be used to determine child support income.
8.	Individual Indian monies. (See 415-25-05-30 #20, n.)
9.	Mineral leases 
Payments received from mineral leases are included as income. Bonus payments on mineral leases (usually a one-time payment) are also to be added to the annual income. Use the amount as shown on the most recent tax report if self-employed and a tax report is used. If a tax report is not used, the bonus is considered a one-time only payment described in (14) below.
Below is an example of a lease payment that is made in the first year of a five-year lease.
EXAMPLE: If the lease payment for a five-year lease is made during the first year the status as income producing continues in years 2-5 even though there are no payments.
10.	Income-producing property
When calculating income from income-producing property, cash expenses of producing income and maintaining the property can be deducted. However, when the household obtained a loan to make a purchase and is making purchase payments on this property, ONLY the amount of the interest paid for the loan may be deducted as an expense, but NOT the amount paid on the principal.
11.	Department of Defense Subsistence Supplemental Allowance for members of Armed Forces.
12.	Income from rental of property
Profit from royalties or rental of property (gross receipts minus expenses) must be included in the determination of annual income. If the profit from royalties/rentals is being taken from IRS forms (Schedule E or Form 4835), it is necessary to add depreciation back in. If the household does not report royalty/rental income to the IRS, the following types of expenses may be deducted: advertising, cleaning and maintenance, insurance, interest, legal or professional fees, repairs, supplies, taxes (but not income taxes), utilities.
If the rental property is part of the household's primary residence and expenses for each portion of the property have not been separated, the household must provide a measurement of the rental portion and the household's living unit in order to establish a percentage of the expenses of the entire property which may be deducted from gross rent receipts.
13.	Income from Contracts for Payment
The interest portion of payments received for any contractual right to receive payments (such as Contracts for Deed) must be included in the determination of annual income. If there are any costs to the deed holder, they may be subtracted from the interest earnings. The portion of the payment that reduces the principle of the contract is income from the sale of the property involved and is considered under the asset limitation.
14.	Inheritance and insurance settlements, and annual, periodic, or one-time payments (but not income from sale of property) received from any source between the previous June 1 and the following May 31, UNLESS specifically excluded under 415-25-05-30.
15.	Profit from estates or trusts.
16.	Profit sharing proceeds from Tribal Gaming operations.
17.	Internships, stipends, and other income earned by higher education students that is compensation for work performed, with the exception of wages earned under the Federal Work Study Program. (See 415-25-05-30, #16)
18.	Military reenlistment bonuses can be paid as lump-sum payments or up to 50% of the bonus amount as an initial payment with the remainder paid in equal annual payments. It is up to the branch of military service to decide which military grades/series get the bonus and how much they get. Verification of the bonus and payment must be obtained.
If a household receives a lump-sum reenlistment bonus, it is exempt from income as a non-recurring lump-sum payment. The bonus is counted as a resource in the month it is received.
If a household receives half of the bonus in a lump-sum with the remainder paid in equal annual installments, the lump-sum and the annual installments are annualized and counted as earned income.
19 18.	Subsidized Adoption payments.
20 19.	TANF Kinship Care children must be included in the household, therefore, TANF monthly maintenance payments must be counted as unearned income.

16.	415-25-05-30 - Income Not Counted.  Added information to #5 regarding Homestead Credit Payment or rent refund, stimulus tax rebates by federal government and property tax relief. Deleted #11 regarding monthly board and room payments.  Combined #9, #13, #14, and #15 as #11. Added wages paid by the Census Bureau for temporary employment related to census activities. Renumbered section.

Income Not Counted 415-25-05-30
1.	Cash over which the household has no control such as:
a.	Reimbursement for expenses incurred in connection with employment.
b.	Reimbursement for other expenses incurred, such as for medical expenses.
c.	Payments made to others on the household's behalf, provided that such payments were not directed by the household, such as Housing Assistance Program (HAP) and other subsidized housing authorities, General Assistance (GA) Supplemental Payments, Energy Crisis Assistance Program payments, or mortgage payments directed by a divorce decree to a 3rd party.
d.	Payments made directly to the household by Housing Authorities such as the HAP.
2.	Cash which is administratively difficult to consider or compute, including but not limited to:
a.	Small (under $360/year) or irregular contributions from relatives or friends. "Irregular" is any income that arrives at unscheduled intervals.
b.	Small income (under $360/year) from sale of craft items, rummage sales, odd jobs, et cetera.
c.	Irregular Income
d.	Gambling and Bingo winnings. (Note: may be held as a countable asset at the time of application.)
3.	Loans, including educational loans. (See 415-25-05-05, Item 4.)
4.	TANF grant amount for students away at college (the student is not counted as a member of the household either).
5.	Income tax refund and , earned income tax credit, Homestead credit payment or rent refund, economic stimulus tax rebates by federal government and property tax relief.
6.	Retroactive payments such as from Social Security (government payments), when the on-going amount of such payments is reflected in the current month's income.
Example: An applicant, applying in October, began receiving $250/month for Social Security Disability. He also received in October a check of $1,000 ($250 x 4) as retroactive payments for June through September because his disability eligibility was established retroactive to June. The $1,000 retroactive payment is NOT added to his annualized income, but his $250 monthly income is annualized and counted.
7.	Income from the developmentally disabled Family Home Subsidy. See 415-25-05-60 (3).
8.	Reimbursements for meals from Heartland or other such programs for meals provided by day care providers.
9.	JOB incentive payments.
109.	The value of free or reduced shelter costs that are received as a part of an employment agreement (no option), a gift, or through a governmental housing assistance program.
11.	The first $100 of monthly board and room payments; or the first $25 of monthly "room only" payments (See 415-25-05-45).
1210.	Children's earned income (see 415-25-05-50).
13.	The special needs portion of a TANF grant.
14.	Reimbursement for transportation, day care, and other employment or training costs under JOBS.
15.	TANF Transitional Care payments.
11.	TANF special items of need and special allowances, Diversion Assistance special allowances, Transition Assistance special allowances and Transitional supportive services. These include Child care special allowances, reimbursement for transportation, day care, health insurance, other employment or training costs under JOBS, etc. These items are disregarded because they are considered reimbursements.
1612.	All educational loans, grants, scholarships, wages earned under the Federal Work Study Program, regular contributions from parents or any other income made available on condition that the recipient continues as a bona fide higher education student.
1713.	The portion of a loss settlement obligated to replace the loss, pay off indebtedness, or otherwise obligated by the loss. Any portion of the settlement above indebtedness or replacement cost is unobligated and available and counted as unearned income.
1814.	Payments made to a household providing adult or child foster care. (See 415-25-05-60, #'s 2 and 5).
1915.	Any amount necessary for the fulfillment of a Plan for Achieving Self-Support (PASS) under Title XVI of the Social Security Act (SSI) will NOT be counted as income to the household. "PASS" plans allow people with disabilities to set aside specified amounts of income from SSDI, wages, etc., to build a source of funds to fulfill a self-support plan. The funds may be accumulated to purchase adaptive equipment and other services that will remove barriers to employment. The funds set aside are not counted as income when SSI eligibility is determined so SSI benefits can be used for living costs to replace other funds set aside in the PASS Plan.
16.	Wages paid by the Census Bureau for temporary employment related to census activities.
2017.	Other payments to be disregarded.
a.	Payments to volunteers.
Payments other than wages for supporting services or reimbursement of expenses to foster grandparents, senior health aides, senior companions, Service Corps of Retired Executives (SCORE), Active Corps of Executives (ACE), and any programs under Titles II and III of Section 418. Public Law 93-113.
b.	Assistance to individuals other than wages, under Older Americans Act of 1965, Public Law 95-478.
c.	Supplemental Food Program for Women, Infants and Children (WIC), Public Law 94-105, and the National School Lunch Program, Public Law 90-302.
d.	Work Force Investment Act (WIA) payments made to dependent children and below who are attending an elementary school or a high school half time or more are not counted. 
e.	Wages, allowances, or reimbursement for transportation and attendant care costs under Title VI of the Rehabilitation Act of 1973 (Title II, Public Law 95-602).
f.	Value of Food Coupons, Public Law 95-113, Food Commodities, Public Law 74-320.
g.	Per capita payments to Native Americans will not be counted as income under P.L. 97-403. (See 25-10-10-05 #5 for information regarding assets.)
h.	Payments received under the uniform Relocation Assistance and Real Property Acquisition Policy Act of 1970 (42 USC 4636).
i.	Payment to volunteers under the Domestic Volunteer Service Act of 1973 (42 USC 5044 (9) (i)). This includes any payments to VISTA volunteers.
j.	Payments received under the Civil Liberties Act of 1988 by American-Japanese citizens displaced during World War II shall not be counted as income. (Public Law 100-383, Section 105 of Title I)
k.	Payments received under Public Law 101-201 Section 1 (a) and P.L. 101-239, Section 10405 regarding Agent Orange settlements.
l.	Payments received under the Aleutian and Pribilof Islands Restitution Act, Public Law 100-383, Section 206 of Title II for restitution made to Aleuts who were relocated by the U.S. Government during World War II.
m.	Payments made for major disaster and emergency assistance under the Disaster Relief and Emergency Assistance Amendments of 1988, Section 105 of Public Law 100-707 (42 USC 5141 et seq.).
n.	Up to $2,000 per year of income received by individual Native Americans (Individual Indian Monies) which is derived from leases or other uses of individually owned trust or restricted lands. Omnibus Budget Reconciliation Act of 1993. (See 415-25-05-20-20 number 8.)  Client statement will be accepted as verification of the amount in an IIM account unless one of the following applies.
1.	the amount is more than $2000 in a year.
2.	the client statement is questionable.
3.	the IIM account includes countable income such as inheritance, bonuses, and other income that is not derive from leases, trust, or restricted land.
o.	Payments received under Public Law 103-286, Subsection 1 (a) from a foreign government for restitution made to victims of Nazi persecution.
p.	Community Services Block Grant (CSBG) and Social Services Block Grant (SSBG) Flood Relief Program monies to assist in the needs of urban residents who experience property damage due to flooding. These monies are considered a reimbursement for a past or future expense.
q.	Payments received from Americorps for education award monies up to $4,725 will not be counted as income. Monies received as a "living allowance" (stipend) of us to $7,500 will not be counted as income. Americorps is administered by a corporation established by the National and Community Service Trust Act of 1993 (NCSTA), which amended the National and Community Service Trust Act of 1990.
r.	Educational assistance paid directly to a family by the Fort Berthold Three Affiliated Tribes under the Carl D. Perkins Vocational and Applied Technology Education Act to help single parents pay for some of their child care costs. These payments are not considered as income, and the corresponding child care costs will not be allowed as deductions.
s.	Services provided to families under the Family Investment Center Program through the Department of Housing and Urban Development (HUD). Service includes such things as child care, employment training and counseling and similar services. The exclusion does not include wages or stipends paid under this program. [42 USCS Section 1437t(i)]
t.	Compensation made to crime victims under the Crime Act of 1984. (P.L. 103-322)
u.	Payments made pursuant to the Confederated Tribes of the Colville Reservation Grand Coulee Dam Settlement Act. (P.L. 103-436)
v.	All income, allowances, and bonuses received as a result of participation in the JOBS Corps Program.
w.	Payments to child of Vietnam veterans who are born with spina bifida, or to children of women Vietnam veterans who are born with certain covered birth defects, under 38 U.S.C. 1805 or 38 U.S.C. 1815.  
x.	Payments to children who receive income through the subsidized Guardianship Program.
y.	Money received by the LIHEAP household as a result of a benefit or fund raiser. The money received should not be commingled with other household accounts.
z.	Additional pay received by military personnel as a result of a deployment to a combat zone is disregarded in determining eligibility. The individual's regular military pay continues to be countable income.
		aa.	TANF supportive services that the TANF Kinship Care household may receive represents a reimbursement and is not counted as income.
		ab.	Payments for care and maintenance of non-household member. When monies are received and used by a LIHEAP household for the care of a non-household member, the portion of the single payment that is identified as belonging to the non-household member is excluded.
		ac.	Reimbursement for transportation, day care and other employment or training costs under Diversion Assistance.
		ad.	Tax exempt portions of payments made as a result of the Alaska Native Claims Settlement Act.

17.	415-25-05-45 - Room Payments.  Changed section name; Deleted policy regarding board payments

Board and Room Payments 415-25-05-45
For the purpose of determining LIHEAP benefits, a "board and room" arrangement exists if there is a negotiated agreement to make payments for board and room in cash or in kind, regardless of whether the person making the payments is related to the client.
Monthly payments received by the client, less $100 per month, will be counted as annual income. If the payment is for room only, The payments would be counted as income, less $25 per month. (If the monthly payment is less than $100 or $25, respectively, no income will be counted.)
In a board and room arrangement, the person making board and room payments will not be counted as a member of the household, nor will his income be included when determining the applicable income eligibility level for the household. The bedroom of this person will not be counted. Conversely, the income of an individual living in the household who does not have a negotiated rate of payment for board and room will be included in the total household income, the individual person will be counted as a member of the household, and the bedroom of the person will be counted.

18.	415-25-10-05-05 - Real Property NOT Counted, Added: information about mineral leases to #2

Real Property NOT Counted 415-25-10-05-05
2.	Real property that is being farmed, produces rent, or is otherwise operated as a business by the applicant household is NOT counted in the determination of assets. The real property must be producing income commensurate with prevailing rental or leasing rates in the community. However, the income produced by this real property is included under the income limitations for eligibility.
Payments received from mineral leases are included as income. Bonus payments on mineral leases (usually a one-time payment) are also to be added to the annual income. Use the amount as shown on the most recent tax report if self-employed and a tax report is used. If a tax report is not used, the bonus is considered a one-time only payment described in 415-25-05-20-20, #14).
EXAMPLE: If the lease payment for a five-year lease is made during the first year the status as income producing continues in years 2-5 even though there are no payments.

19.	415-25-10-10-05 – Assets - “Liquid”.  Policy clarification regarding liquid assets in 1st paragraph and #2.

Assets - “Liquid” 415-25-10-10-05
"Liquid asset" is defined as any resource which can readily be converted to cash, and includes cash on hand, checking accounts, savings accounts, stocks (see 415-25-10-50 See 415-25-10-45) , bonds, pension plans which do not involve the household member in a contractual relationship with non-household members (for example, including IRA's, Keogh plans, and Simplified Employer Pension Plans), Individual Indian monies, and other negotiable instruments. Note that certain large deposits designated for future living expenses may temporarily distort the liquid assets (#8).
To arrive at the countable cash value for any account or plan that imposes penalties for early withdrawals, subtract the amount of the penalty (if any) from the value of the account or plan.
"Liquid Assets" NOT Counted:
1.	Cash surrender and loan values of life insurance. NOTE that if a life insurance policy is cashed in, proceeds are NOT considered income. Instead, it is treated as a conversion of an asset, and only those proceeds which have been converted to a countable asset will be counted (as an asset).
2.	The cash value of pension plans or funds that involve a contractual agreement with non-household members, a third party, usually an employer. regardless of whether the person is currently employed. Contractual agreements normally refer to retirement plans with employers. If withdrawn, they become an available asset in the month received.
Examples:
•	State Retirement
•	Teachers Retirement
•	457 plans,
•	401(k) plans 
•	Federal Employee thrift savings plan
•	403(b) Plans, and
•	401(c) (18) plans.
NOTE: The cash value of pension plans or funds which do not involve a contractual agreement with non-household members are counted. Some examples include Keogh plans and Individual Retirement Accounts (IRA's).

Benefit Computation 415-30

20.	415-30-10 - Household Poverty Level Percentages Table.   Update income eligibility limits for FY2009.

Household Poverty Level Percentages Table 415-30-10
The poverty level percentage to be applied to each household's annual adjusted gross income will be calculated by the computer according to the level of their income and the number of persons in the household at the time of application. Therefore, it is essential to have accurate data in these two fields.

The Poverty Level Percentage Table used by the computer:

	Household Share
2%	Household
Share
4%	Household
Share
6%	
# of Persons
	0-20%
of Median Income	21-40%
of Median
Income	41-60%
of Median
Income	
			Annual Eligibility
Limit	Monthly Eligibility Limit	
1	0 – 7,026	7,027 – 14,052	14,053 – 21,079	1,757	
2	0 – 9,188	9,189 – 18,376	18,377 – 27,564	2,297	
3	0 – 11,350	11,351 – 22,700	22,701 – 34,050	2,838	
4	0 – 13,512	13,513 – 27,024	27,025 – 40,536	3,378	
5	0 – 15,674	15,675 – 31,348	31,349 – 47,022	3,919	
6	0 – 17,836	17,837 – 35,672	35,673 – 53,508	4,459	
7	0 – 18,241	18,242 – 36,482	36,483 – 54,724	4,560	
8	0 – 18,647	18,648 – 37,293	37,294 – 55,940	4,662	
9	0 – 19,052	19,053 – 38,104	38,105 – 57,156	4,763	
10	0 – 19,457	19,458 – 38,915	38,916 – 58,372	4,864	
11	0 – 19,863	19,864 – 39,725	39,726 – 59,588	4,966	
12	0 – 20,268	20,269 – 40,536	40,537 – 60,804	5,067	

21.	415-30-10-01 - Monthly and Annual Eligibility Limits (Adjusted Gross Income.  Update eligibility limits for FY2009.

Monthly and Annual Eligibility Limits (Adjusted Gross Income) 415-30-10-01

NUMBER OF
PERSONS	MONTHLY
ELIGIBILITY LIMIT	ANNUAL
ELIGIBILITY LIMIT	
1	$1,757	$21,079	
2	$2,297	$27,564	
3	$2,838	$34,050	
4	$3,378	$40,536	
5	$3,919	$47,022	
6	$4,459	$53,508	
7	$4,560	$54,724	
8	$4,662	$55,940	
9	$4,763	$57,156	
10	$4,864	$58,372	
11	$4,966	$59,588	
12	$5,067	$60,804	

22.	415-30-15-05 – Cost of Heating - Secondary Heat Source.  Clarification in 5th paragraph regarding electric fireplaces.

Cost of Heating - Secondary Heat Source 415-30-15-05
LIHEAP will not pay for non-installed appliances such as space heaters or electric fireplaces.

23.	415-30-15-15 - Cost of Heating - Different in Months Prior to Application.  Corrected policy section number reference (1st paragraph note).

Cost of Heating - Different in Months Prior to Application 415-30-15-15
When the cost of heating for the month of application is different from previous months for any reason, the benefit will be calculated based upon the cost of heating at the time of application.
NOTE: See exception to this policy in 415-30-20.415-30-15-20.

24.	415-30-20-10-10 - Bills Owed to Different Vendor, Corrected section number for example.

Bills Owed to Different Vendor 415-30-20-10-10
(Refer to Example in 415-30-15-10-05 415-30-20-10-05.)
If unpaid back bills were with a different vendor, the authorization period will be recorded as February 1st through May 31st, and the unpaid back bills with the previous supplier will be paid as miscellaneous payments. The current supplier will bill current unpaid bills on the computer printout, "Request for Payment."

Emergency Home Energy Assistance 415-50

25.	415-50-05-15 - Furnace Replacement.  Clarified policy regarding furnace replacement.

Furnace Replacement 415-50-05-15
Emergency Assistance may be made available for a LIHEAP eligible individual home owner or an eligible renter with verifiable responsibility for maintenance of their furnace.
LIHEAP can only replace furnaces that:
1.	are unsafe,
2.	are not operating,
3.	and/or cannot be repaired, and
4.	wouldn't be cost-effective to repair.
Requests for furnace replacement must first be carefully reviewed by the county social service staff using the guidelines in this manual section. County staff should only pay for furnace replacement if Community Action Agency staff are not available to replace the furnace. If the county staff concludes the request is not eligible under these guidelines, the request should be denied, and referral to the State LIHEAP Administrator is NOT necessary. If the county staff recommends approval of the request, the "Emergency Assistance Application," with all the supporting data, must be referred to the State LIHEAP Administrator for approval through the LIHEAP Emergency System.
The State Administrator delegates the performance to Division of Community Services. Eligible LIHEAP clients will be referred to a local Community Action Agency (CAA) for furnace replacement. No "Emergency Assistance" application is needed if the client is a current client of LIHEAP. Notification to the CAA can come from the County Social Service Board or the client. An approval letter is made available to client if he would like to contact the CAA himself. 
Clients will be required to share in the cost of the furnace replacement as follows:
Clients at 41% - 60% of the poverty level, 30% of the cost
Clients at 21% - 40% of the poverty level, 15% of the cost
Clients at 20% of the poverty level or below, 0
Clients in the 4% and 6% poverty levels will have their share of furnace costs capped at $500. Clients unable to raise their share of the furnace replacement costs may request a waiver from the local CAA.
The client’s share may come from other sources, but not LIHEAP or General Assistance funds. CAA’s will assist clients in identifying and applying for other sources of federal, state, or private funds.
Temporary shelter, when necessary, will be the responsibility of the CAA.
Of course emergency situations will still occur that must be resolved before we can carefully negotiate a payment plan. We may need to make an immediate payment commitment to the supplier. But, the household must fully understand these guidelines. They should at least appear to be eligible, and you should be confident they will assume their responsibilities if some other payment plan is more appropriate. Or, to gain the necessary time, you may need to authorize payment of temporary alternative living arrangements for the household (See 415-50-05-15).
Note: LIHEAP will not pay to install a furnace as part of new construction or where the client has knowingly purchased a home that does not have a heating system unless the need for a replacement furnace is associated with a state or federally declared disaster.
If Community Action Agencies (CAA’s) do not have money for furnace replacements, take the following steps:
1.	Household fills out emergency assistance application if they are presently on the fuel assistance program. If the household is not on fuel assistance, you will need to get a regular application and an emergency application.
2.	Determine eligibility for regular LIHEAP and for emergency assistance. Remember that for emergency assistance you only look at the income for the current month.
3.	If the household is eligible for emergency assistance and is requesting assistance with furnace replacement then you need to:
a.	Ask the household to contact two vendors to bid on the cost of the furnace and putting the furnace in. Vendors, if possible, should be close to the house that needs a furnace. The costs are lower when vendors are in the same community. You can ask the household if they have any ideas for vendors.
b.	Provide household temporary shelter if needed.
c.	Send a copy of the two bids to the state LIHEAP Administrator or Policy Analyst and a bid will be selected.
d.	Let vendor know that he was the one selected and work closely with him to insure that the furnace is put in quickly.
e.	Make payment (after the bill is received with detail on it) once the vendor has completed the furnace replacement, the furnace is working well and the household is satisfied. Use payment codes 13 and I to pay the vendor.

26.	415-50-05-20 - Consumer Goods.  Clarification of water heater policy.

Consumer Goods 415-50-05-20
An emergency may occur in which an eligible household needs to purchase or rent additional temporary or supplemental heating or cooling devices, or needs temporary shelter outside their home. Up to $100.00 (for exceptions, see 415-50-15) per season may be authorized for this purpose. Consumer goods such as blankets or warm clothing should not be authorized as normally these are available through other community resources.
The State Administrator chooses to delegate water heater replacement to the Division of Community Services. Refer the eligible household to a local Community Action Agency for replacement.
If funds are available, the State Administrator may choose to LIHEAP can also replace or repair water heaters that:
1.	are not operating,
2.	and/or cannot be repaired.
This service may be provided through Community Action Agencies or County Social Service offices, as circumstances dictate.
Household’s share of water heater replacement will be no more than $500.

27.	415-50-10-10 - Eligibility Guidelines.  Increased asset (#2) and transportation (#5) allowances. Clarification regarding transportation and utility allowances (#5).

Eligibility Guidelines 415-50-10-10
The applicant's income and assets must be within the limits specified by the Heating Assistance Program for the month of the Emergency Assistance application or have been approved for heating assistance for some portion of the current fiscal year heating season.
Income averaging, as discussed in 415-25-05-15, will not be used in determining eligibility for Emergency Assistance benefits.
The following are suggested guidelines for determining eligibility for Emergency Services and must be documented on SFN 62, "Application for Emergency Assistance," each time a new request for Emergency Assistance is received. Guidelines, rather than mandatory specific requirements, permit the county social service board to evaluate the unique circumstances of each household to decide whether emergency assistance is needed and is an appropriate resolution of the crisis.
1.	Community Resources: Other community programs to alleviate the crisis, such as county General Assistance, credit, churches, and other community agencies* must be denied or known to be unavailable to the applicant or inadequate to resolve the crisis.
**Energy Share of North Dakota is not considered a resource for supplemental heating costs.
2.	Assets: All counted liquid assets of the household, as described in 415-25-10-10-05, are considered an available personal resource and must be considered. (Except each household member over age 60 may retain $2000 5,000 in counted assets.)
3.	Income: For emergency assistance purposes, income is defined as the household's net income or the actual amount of funds available from any source that can be used for the household's basic living costs (see below), including heating fuel and utilities.
Do not make the deductions from income described in 415-25-05-05. The appropriate deductions will be accounted for in basic living costs described below.
All sources of income are considered available unless exempt by law, or it is the children's earned income described in 415-25-05-50, or it is a reimbursement of an expense paid from income previously counted, or it is restricted for some other specified expense. (Note: A portion of some types of income are restricted for the costs of producing the income.)
4.	Available Credit: Credit or loans that may be available to an applicant household is also considered a resource. For example.
•	The dealer's credit policy for all of their customers may include the applicant household.
•	Bank loans may be available depending on the household's credit rating or equity of uncounted or counted assets that can be used as collateral.
•	Some business/farm operating loans include daily living expenses and could be released to purchase fuel.
•	Even unsecured personal loans may be available from an individual or organization in the community.
•	The household should be cautioned not to accept a loan if they do not have the realistic capability to repay the loan with interest.
5.	Basic Living Expenses: Although not required, eligibility for emergency assistance is usually established if the assistance available from community sources combined with the household's income, assets, and credit, is equal to or less than total monthly basic living expenses.
•	Food--To determine actual household food costs the Food Stamp Thrifty Food Plan may be used as a guide, minus the value of any food stamps the household receives. Add any special food costs.
•	Shelter--Actual cost of rent or mortgage payment (include taxes and home insurance costs), and/or mobile home lot rent. Only the portion of the rent the household pays themselves should be counted if they are in subsidized housing.
•	Utility bill--Include only current basic bills for water, sewer, phone (one land or wireless telephone line), and lights that the household is obligated to pay the month of the emergency application. Do not include accumulated unpaid back bills.
•	Child support and/or alimony actually paid.
•	Paid medical bills--Include insurance premiums (see 25-05-05-05).
•	Child Care Costs--Out-of-pocket child care costs related to work, training, or educational purposes that are not reimbursed to the household from any source. CAUTIONS: See 415-25-05-05 #9 a-c.
•	Transportation costs--The actual monthly payment for one car, up to $300/month, plus actual insurance cost/year month for one car, plus up to $100 200/month maintenance and gas. (If the household happens to pay the entire premium for several months during the emergency assistance application month then it can be deducted, usually other arrangements are made.)
•	Employment costs--Up to $100/month for costs that must be paid to retain employment.
•	Miscellaneous--Up to $100/month for up to three persons; up to $200/month for more than three persons.
•	Absent Student Expense--Up to $300/month may be deducted from household income for a head of household or spouse who must reside away from home for all of the school week for higher education purposes. Prorate the deduction down if the student is away for less than a full school week, but if the student is away less than 50% of the school week, no deduction will be allowed. This deduction will be further reduced by any portion of exempt educational income which is available to the student for living costs.
•	Absent Worker Expense--Up to $300/month may be deducted from the earnings of a head of household or spouse who must reside away from home for all of the work week for employment purposes. Prorate the deduction down if the worker is away for less than a full work week, but if the worker is away less than 50% of the work week, no deduction will be allowed. This deduction will be further reduced by any reimbursement or subsistence allowance provided by the employer for living expenses while on the job.
•	Other--Any other mandatory expense which affects the household's basic living needs. Installment payments must be evaluated to determine if they are pertinent to basic living costs, even if they are mandatory.
6.	Action Plan: Following an analysis of the household basic living costs and total expenditures, especially unusual or impractical amounts, the county social service board may need to assist the household to develop a financial management plan that will prevent the reoccurrence of the energy crisis in the future. Frequently, authorizing emergency assistance is all that is necessary for the household to be self sufficient again. Conversely, authorizing emergency assistance may only provide temporary relief of the crisis and may or may not be cost effective or assure continued service.
The basic cause of the crisis must be identified and an appropriate resolution implemented. In this regard, the household may need assistance to negotiate a realistic credit or payment plan with the fuel supplier or other creditors. A monthly payment plan throughout the year to level out fuel and utilities cost could be beneficial. Or, the household budget deficiencies may be so extensive that credit or financial counseling must be secured by the household. Referral for employment counseling, case management services, or other problem-solving counseling or for a social evaluation and follow up services may be needed. Specific actions designed to solve the cause of the crisis may be required as a condition of the receipt of emergency benefits. In any event, the household situation must be carefully considered to assure that emergency assistance is appropriate, and the household is given the opportunity to become self sufficient whenever possible.
SFN 11, "Emergency Assistance Action Plan," shall be used, whenever the worker and applicant identify problems to self-sufficiency and agree upon a plan of action to work toward improved self-sufficiency or that will diminish the occurrence of future crises.
When an Emergency Assistance application is denied, or when no action is required, possible, or practical, a comment to that effect should be entered on SFN 62 and the SFN 11 is not required.

Par. 2.  Effective Date – October 1, 2008