C.M.R. 10, 144, ch. 332, app 144-332-J
Standard Utility Allowances are approved through the Food and Nutrition Service of the United States Department of Agriculture and are included in the rules for Maine's Food Supplement Program at 10-144 CMR Chapter 301. Standard Utility Allowance values can also be found at www.maine.gov/dhhs/ofi/fs-standards.shtml or by consulting www.fns.usda.gov/snap and search for Standard Utility Allowance Charts for the current values.
Utility Expenses
The community spouse has the option of using the full standard utility allowance (FSUA or actual utility expenses as deductions. They must incur expenses for heating or air conditioning bills which are separate and apart from rent/mortgage or receive assistance from HEAP or ECIP in order to qualify for the FSUA. At the time of redetermination, and one additional time during each twelve month period, the community spouse may change the option between actual expenses and the FSUA.
Standard Utility Allowance
When expenses are incurred on an irregular basis, use the FSUA between billing periods. The FSUA cannot be used for a community spouse who lives in a public or private rental unit, which has central utility meters and charges the residents only for excess heating or air conditioning costs. If someone outside of the household is paying the entire cost of heating/cooling, and the payment is excluded as a vendor payment, the utility allowance is not allowed.
Note: Assistance from HEAP or ECIP automatically entitles the community spouse to the FSUA.
The FSUA is not allowed when utility expenses are included in the rent unless the community spouse receives assistance from HEAP or ECIP, the residence is metered separately, or the community spouse can otherwise provide verification that there are separate charges for heat and/or air conditioning.
Actual Utility Costs
If the community spouse resides in public housing, which has central utility meters and is charged only for excess utility costs, the excess amount incurred is allowed.
Whenever the FSUA is not permitted, the community spouse may claim the actual expenses or elect to use the individual standard:
Shared Residence
To determine the utility allowance when the residence is shared by the community spouse and other persons, divide the appropriate utility allowance equally among the parties who pay for the cost. This prorated share is the utility allowance.
I. Home Temporarily Vacated
Shelter expenses can be allowed if the principle residence is temporarily vacated due to employment or training, illness, natural disaster or casualty loss only if:
A. the community spouse intends to return
B. the home is not leased or rented while the community spouse is absent.
Note:Verification of actual utility cost for an unoccupied home is required if a deduction will be used. The SUA is not allowed for unoccupied homes.
II. Handling of Expenses Other Than Mortgage, Residence Insurance
A. Except when an expense is averaged, a deduction is allowed only in the month the expense is billed or otherwise becomes due, regardless when the community spouse expects to pay the expense. Amounts from past billing periods are not deductible.
B. For an expense to be deductible, it must be payable to someone outside the household.
C. Fluctuating expenses may be averaged. Expenses, which are billed less often then monthly, may be averaged forward over the interval between scheduled billings or if there is no schedule, over the period the expense is intended to cover. Interest, carrying charges, insurance, or penalties are not allowance expenses. Interest portions on mortgage payments are allowable.
D. That portion of the household shelter expenses associated with a business or trade is not considered as a deductible shelter expense.
E. That portion of the shelter expenses paid by an excluded vendor payment shall not be allowed as a deduction. Shelter expenses paid via a countable vendor payment shall be allowed.
F. Shelter expenses shall be computed based upon expected expenses to be billed. Anticipation of the expense shall be based upon the most recent month's bills unless it is reasonably certain that a change will occur.
G. Expenses billed weekly are converted by multiplying by 4.333 and those billed biweekly by 2.167 to obtain monthly figures.
III. Verification
Utility expenses must be verified if the amounts claimed are in excess of the SUA and a deduction would result.
A move to a new residence requires reassessment of all shelter expenses.
C.M.R. 10, 144, ch. 332, app 144-332-J