| (a) Allowable CEAP Expenditures include customer education,
utility payment assistance, repair of existing heating and cooling
units, purchase of heating and cooling units when none exist, and
crisis-related purchase of portable heating and cooling units.
(b) Total maximum possible annual Household benefit
(all allowable benefits combined) shall not exceed $12,300 during
a Program Year, not including arrears.
(c) Benefit determinations are based on the Household's
income (even if the Household is Categorically Eligible), the Household
size, Vulnerable Populations in the Household, plus other priority
status, whether a Household has one or more Unqualified Aliens for
which calculation adjustments must be made as described in paragraphs
(1) and (2) of this subsection, and the availability of funds.
(1) Count income for all Household members 18 years
of age and older, including Unqualified Aliens; and
(2) Adjust the Household size for determining eligibility
and benefit assistance level to exclude all Unqualified Aliens.
(d) For purposes of determining Categorical Eligibility
or Vulnerable Populations (i.e. priority status), the Household is
not considered to satisfy the definition of having Categorical Eligibility
or Vulnerable Population if the only individual(s) in the Household
with that Categorical Eligibility or Vulnerable Population status
are Unqualified Aliens. For purposes of reporting, all individuals
in the Households should be reported.
(e) Benefit determinations for the Utility Payment
Assistance Component and the Crisis Assistance Component cannot exceed
the sliding scale described in paragraphs (1) - (3) of this subsection:
(1) Households with Incomes of 0 to 50% of Federal
Poverty Guidelines may receive an amount not to exceed $2,400 per
Component;
(2) Households with Incomes more than 50% but at or
below 75% of Federal Poverty Guidelines may receive an amount not
to exceed $2,300 per Component; and
(3) Households with Incomes more than 75% but at or
below 150% of Federal Poverty Guidelines may receive an amount not
to exceed $2,200 per Component.
(f) Service and Repair of existing heating and cooling
units. Households may receive up to $7,500 for service and repair
of existing heating and cooling units when the Household has an inoperable
heating or cooling system based on requirements in §6.310 of
this subchapter (relating to Crisis Assistance Component) for Non-Vulnerable
Population Households and §6.311 of this subchapter (relating
to Utility Assistance Component) for Vulnerable Population Households.
(g) Purchase of heating and cooling units. Households
may receive up to $7,500 for the purchase of a heating and cooling
unit when a heating or cooling system is nonexistent based on requirements
in §6.310 of this subchapter (relating to Crisis Assistance Component)
for Non-Vulnerable Population Households and §6.311 of this subchapter
(relating to Utility Assistance Component) for Vulnerable Population
Households.
(h) Assistance with purchase of portable cooling and/or
heating units, window units, evaporative coolers, and mini splits
cannot exceed $7,500. Refer to §6.310(c)(6) of this subchapter
for requirements relating to purchase of these types of units.
(i) Energy bills already paid may not be reimbursed
by the program. Funds from CEAP shall not be used to weatherize dwelling
units, for medicine, food, transportation assistance (e.g., vehicle
fuel) except as noted in §6.310(d) of this subchapter, income
assistance, or to pay for penalties or fines assessed to customers
except in the case of arrearage payments as noted in §6.309(i)(9)
of this subchapter. Subrecipient shall provide only the types of assistance
described in this subsection with funds from CEAP:
(1) Payment to vendors and suppliers of fuel/utilities,
goods, and other services, such as past due or current bills related
to the procurement of energy for heating and cooling needs of the
residence, not to include security lights and other items unrelated
to energy assistance as follows:
(A) Subrecipient may make utility payments on behalf
of Households based on the previous 12 month's home energy consumption
history, including allowances for cost inflation. If a 12 month's
home energy consumption history is unavailable, Subrecipient may base
payments on current Program Year's bill or utilize a Department-approved
alternative method. Subrecipient will note such exceptions in customer
files. Benefit amounts exceeding the actual bill shall be treated
as a credit for the customer with the utility company;
(B) Vulnerable Population Households can receive benefits
to cover the remaining bills within the Program Year as long as the
cost does not exceed the maximum annual benefit for the Utility Assistance
Component. Bill payment may cover two separate fuel sources; and
(C) Non-Vulnerable Population Households can receive
benefits to cover up to six remaining bills within the Program Year
as long as the cost does not exceed the maximum annual benefit for
the Utility Assistance Component. Bill payment may cover two separate
fuel sources;
(2) Needs assessment and energy conservation tips,
coordination of resources, and referrals to other programs;
(3) Payment of water, wastewater and solid waste charges
are not an allowable LIHEAP expense even in cases where those charges
are an inseparable part of a utility bill. Whenever possible, Subrecipient
shall negotiate with the utility providers to pay only the "home energy"
(heating and cooling) portion of the bill or utilize other funds to
pay for the water related charges;
(4) Payment of reconnection fees in line with the registered
tariff filed with the Public Utility Commission and/or Texas Railroad
Commission. Payment cannot exceed that stated tariff cost. Subrecipient
shall negotiate to reduce the costs to cover the actual labor and
material and to ensure that the utility does not assess a penalty
for delinquency in payments;
(5) Payment of security deposits only when state law
requires such a payment, or if the Public Utility Commission or Texas
Railroad Commission has listed such a payment as an approved cost,
and where required by law, tariff, regulation, or a deferred payment
agreement includes such a payment. Subrecipient shall not pay such
security deposits that the energy provider will eventually return
to the customer;
(6) While rates and repair charges may vary from vendor
to vendor, Subrecipient shall negotiate for the lowest possible payment.
Prior to making any payments to an energy vendor a Subrecipient shall
have a signed vendor agreement on file from the energy vendor receiving
direct CEAP payments from the Subrecipient;
(7) Subrecipient may make payments to landlords on
behalf of eligible renters who pay their utility and/or fuel bills
indirectly. Subrecipient shall notify each participating Household
of the amount of assistance paid on its behalf. Subrecipient shall
document this notification. Subrecipient shall maintain proof of utility
or fuel bill payment. Subrecipient shall ensure that amount of assistance
paid on behalf of customer is deducted from customer's rent; and
(8) In lieu of deposit required by an energy vendor,
Subrecipient may make advance payments. The Department does not allow
CEAP Expenditures to pay deposits, except as noted in paragraph (5)
of this subsection. Advance payments may not exceed an estimated two
months' billings.
(9) Payment of existing arrearages related to home
energy costs. Such payments have no maximum cost limit and do not
count towards the total maximum possible annual Household benefit.
Payment of arrearages may include the payment of penalties and fines
related to home energy.
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