18 Miss. Code. R. 20-1-1-V.1.1

Current through December 10, 2024

Section 18-20-1-1-V.1.1 - DOE WX BIL Approach to Determining Client Eligibility

Per regulation 10 CFR 440.22(a) and stated per 10 CFR 440.14(c) (6) (xii), the definition of "low income" for determining client eligibility for MS DOE BILWAP has been established at or below 200% of the current federal poverty guideline.

In accordance with 440.16 (a), MS DOE BIL WAP requires each applicant household requesting WAP assistance complete an application intake process to determine client eligibility. The process consists of documenting household demographics, income verification, needs assessment, identity verification and other documentations as required.

INCOME VERIFICATION Per 10 CFR 440.22

MS DOE BIL WAP will ensure that a dwelling unit is eligible for assistance and is occupied by a family unit, whose income is at or below 200% of the federal poverty guidelines and are in effect at the time of submission of the application. Applicants applying for weatherization that are on the waiting list or for other reasons must have their eligibility documentation updated at least annually. Application Eligibility expires 12 months from certification date if work on dwelling unit (Energy Audit) has not been initiated.

Priority is given to the elderly, persons with disabilities and families with children. Live-in attendant's income can be excluded if it is determined that (1) the live-in is essential to the care and well-being of the person; and (2) would not be living in the unit except to provide the necessary supportive services. All household members' status will be documented and maintained in Virtual ROMA 2.0, and individual client files for future references.

The following documents are acceptable when determining eligibility:

INCOME(S)

Income means Cash Receipts earned and/or received by the applicant before taxes during applicable tax year(s) but not Income Exclusions listed below. Gross Income is to be used, not Net Income.

Cash Receipts include the following:

1. Money, wages and salaries before any deductions;

2. Net receipts from non-farm or farm self-employment (receipts from a person's own business or from an owned or rented farm after deductions for business or farm expenses);

3. Regular payments from social security, railroad retirement, unemployment compensation, strike benefits from union funds, worker's compensation, veteran's payments, training stipends, alimony, and military family allotments;

4. Private pensions, government employee pensions (including military retirement pay), and regular insurance or annuity payments;

5. Dividends and/or interest;

6. Net rental income and net royalties;

7. Periodic receipts from estates or trusts; and

8. Net gambling or lottery winnings.

Income Exclusions: The following Cash Receipts are not considered sources of Income for the purposes of determining applicant eligibility:

1. Capital gains;

2. Any assets drawn down as withdrawals from a bank;

3. Money received from the sale of a property, house, or car;

4. One-time payments from a welfare agency to a family or person who is in temporary financial difficulty;

5. Tax refunds;

6. Gifts, loans, or lump-sum inheritances;

7. College scholarships;

8. One-time insurance payments, or compensation for injury;

9. Non-cash benefits, such as the employer-paid or union-paid portion of health insurance;

10. Employee fringe benefits, food or housing received in lieu of wages;

11. The value of food and fuel produced and consumed on farms;

12. The imputed value of rent from owner-occupied non-farm or farm housing;

13. Depreciation for farm or business assets;

14. Federal non-cash benefit programs such as Medicare, Medicaid, Food Stamps, school lunches, and housing assistance;

15. Combat zone pay to the military;

16. Child support, as defined below

17. Reverse mortgages; and

18. Payments for care of Foster Children;

**Other documents may be necessary as required by Agency**

CHILD SUPPORT: Child Support payments, whether received by the Payee or paid by the Payor, are not considered Sources of Income to be added to the payee income or deducted from the payor income for the purposes of determining applicant eligibility.

1.Payee: Where an applicant receives Child Support from any state program or individual during an applicable tax year, such assistance is not considered income for the purposes of determining eligibility (i.e., where an applicant receives Child Support, he or she does not add that amount to his or her calculation of income for purposes of determining eligibility).

2.Payor: Where an applicant pays Child Support through a state program and/or to an individual, such assistance is not considered a deduction to Income for the purposes of determining eligibility (i.e., where an applicant pays Child Support, he or she may not deduct said assistance from his or her calculation of Income for the purposes of determining eligibility).

WPN 22-5: Extended Categorical Income Eligibility to HUD Means Tested Programs: This WPN simplifies (and supersedes) procedures previously outlined in WPN 17-4.

MS DOE BIL WAP understands that Subgrantees may certify that applicants have met the income requirements of HUD means-tested programs through mechanisms including, but not limited to:

1. Applicant documentation,

2. Interagency lists of recipients,

3. Shared system databases, etc.

Note: Method of verification of eligibility must be included in the client file.

There are three types of multifamily properties assisted by HUD:

(1) housing owned and operated by HUD Public Housing Agencies (PHAs),

(2) privately-owned multifamily buildings receiving project-based assistance, and

(3) privately-owned multifamily buildings that house residents who receive tenant-based (housing voucher) assistance.

* Housing owned and operated by PHAs: MS DOE BIL WAP Subgrantees shall consider all such buildings managed by the PHAs referenced in this HUD Web page (https://www.hud.gov/program_offices/public_indian_housing/pha/contacts) to be 100 percent income eligible.

* Privately owned multifamily buildings receiving project-based assistance: MS DOE BIL WAP Subgrantees should refer to WPN17-4 lists to determine the percentage of the units in each building that are income eligible.

* Privately-owned multifamily buildings that house residents receiving tenant-based assistance: MS DOE BIL WAP Subgrantees will determine the percentage of income eligible residences by either contacting the building owner/manager to obtain such Section 8 Housing Choice Voucher records (from HUD's Tenant Based Rental Assistance Program [TBRA]) or by individually verifying which residents hold such vouchers.

PROOF OF ELIGIBILITY: MS DOE BIL WAP undestands that proof of income eligibility must be clearly identified in the client file.

1.Availability of Supporting Documentation: For purposes of review and audit, each client file must contain an application from the client that contains the required demographics and income for the entire family living in the residence. The client file must also contain evidence provided by the Subgrantee that the client is eligible to receive DOE BIL Weatherization Assistance Program services. This evidence may include, but is not limited to, a memorandum from a third-party certification office stipulating the income levels of the family or source documentation for each income source listed on the application. These documents can be stored electronically or retained in hard copy for each client.

2Eligibility Determined by Outside Agency/Program: If income eligibility is determined by an outside agency or program, i.e. Low-Income Home Energy Assistance Program (LIHEAP) or the U.S. Department of Housing and Urban Development (HUD), any document used to determine eligibility, such as a copy of LIHEAP eligibility or a copy of the HUD eligibility (e.g., Section 8 or Public Housing eligibility) will suffice as evidence of client eligibility. This document and any related documents must be retained in the client file

3.Self-Certification: After all other avenues of documenting income eligibility are exhausted, self-certification is allowable. However, evidence of the various attempts at proving eligibility must be contained in the client file, includinga notarized statement signed by the potential applicant indicating that the applicant has no other proof of income.

4.ANNUALIZATION OF INCOME: Where an applicant only provides income verification for a portion of the applicable tax year, their partial income may be annualized to determine eligibility.

Example: Applicant A only provides income verification for January, February and March. The method of annualizing income to determine eligibility could be to multiply the verified income by four to determine the amount of income received during the year.

MS DOE BIL WAP understands that the method of calculating annualized income is to be determined by the Grantee and must be applied uniformly by all Subgrantees.

5.RE-CERTIFICATION: An applicant must be re-certified when eligibility lapses due to the length of time the applicant was waiting to receive Weatherization services. As a reminder, re-certification of eligibility must occur at least every 12 months.

VALID PHOTO ID(S)

1. Photo Driver's license, US Passport

2. State-issued photo ID

3. Employment ID

4. School, college or university ID

5. US Military ID

6. Tribal ID, Alien registration/Permanent residence card, temporary residence card

SOCIAL SECURITY CARD(S)

1. Certified Copies

2. Card for all household members regardless of age

Qualified Aliens Eligibility for Benefits

If the Head of Household is an undocumented Individual, the application should be denied for the entire household.

If an individual within a household is an undocumented Individual, does not disclose citizenship or establish satisfactory immigration status, ineligibility exists only for the individual member and not the entire household. The remaining household members should have eligibility determined. During the application process, any individuals within the household who do not wish to comply with citizenship and documented status requirements are considered "Non-Applicants" and should not be questioned about citizenship/documented status. However, these individuals must disclose and verify income and other information needed to establish the eligibility of the household. Eligibility cannot be determined when a Non-Applicant fails to disclose income, therefore, the application should be denied for the entire household. If adequate documentation of immigration status is subsequently provided for the Non-Applicant, the worker shall act upon the reported change in accordance with appropriate timeliness standards.

Most undocumented Individual who have entered the United States legally have in their possession documents that were issued by the United States Citizenship and Immigration Services (USCIS) which contains the person's immigration status and the date that person entered the country, or adjusted to the status shown on the card. It is the responsibility of the applicant to provide the USCIS documents prior to eligibility determination. If the applicant does not provide documents establishing documented status on a timely basis or if documented status is questionable, the eligibility of the remaining household members shall be determined.

The most common documents used to verify alien status include, but are not limited to:

* Form 1-551- Resident Alien Card and Conditional Resident Alien Card

* Form 1-151- Alien Registration Receipt Card

* Form 1 -94- Arrival-Departure Record (Annotated with Section 207 or refugee, asylum, or paroled)

* Form 1-688- Temporary Resident Card

* Unexpired foreign passport when it contains an endorsement "Processed for 1 -551. Temporary Evidence of Lawful Admission for Permanent Residence"

When a household or person indicates inability or unwillingness to provide documentation of alien status for any household member, that (non-applicant) member should be classified as "Ineligible", not illegal. Workers are cautioned that a determination that a person is Ineligible is not equivalent to a determination that a person is an illegal alien.

A person will be reported to the appropriate USCIS office under the following circumstances:

1. The applicant, another household member or the authorized representative admits that undocumented Individual (s) are present in the household;

2. USCIS documents presented by the household during the application process are determined to be forged;

3. A formal order of deportation or removal is presented by the household during the application process.

18 Miss. Code. R. 20-1-1-V.1.1

Amended 10/20/2019

Amended 11/23/2020

Amended 11/7/2021

Amended 1/6/2023

Amended 7/10/2023