Section 476-2-002 - ELIGIBILITYTo qualify for the Low Income Home Energy Assistance Program, a household must:
(A) Be considered an economically-vulnerable household;(B) Meet income guidelines according to household size;(C) Meet citizenship and residency requirements; and(D) Not otherwise be disqualified or ineligible.002.01 INCOME GUIDELINES. The total annual income of a household may not exceed 150% of the federal poverty level. For purposes of calculating and treating income for Low Income Home Energy Assistance Program eligibility, the Department applies the rules and regulations from the Supplemental Nutrition Assistance Program, Title 475 Nebraska Administrative Code (NAC).002.02 CITIZENSHIP AND RESIDENCY. For purposes of determining Low Income Home Energy Assistance Program eligibility, the Department applies the residency and citizenship or alien status requirements from the Supplemental Nutrition Assistance Program, Title 475 NAC. A person who does not meet the citizenship and residency requirements must be excluded from a household for purposes of determining eligibility for Low Income Home Energy Assistance Program.002.03 INELIGIBILITY. A household that includes a person who is ineligible under this section may still remain eligible for the Low Income Home Energy Assistance Program. Household size will be reduced by the number of ineligible household members for purposes of determining eligibility and payments. 002.03(A) MISREPRESENTING RESIDENCE. Any person convicted in federal or state court of having fraudulently misrepresented his or her residence in order to obtain home energy assistance in two or more states is ineligible for the Low Income Home Energy Assistance Program for ten years from the date of conviction.002.03(B) FLEEING FELON. A person is ineligible for the Low Income Home Energy Assistance Program during any period in which the person is:(i) Fleeing to avoid prosecution or custody or confinement after conviction for a crime or attempting to commit a crime that is a felony under the law of the place from which the person is fleeing; or(ii) Violating a condition of federal or state probation or parole.002.03(C) INTENTIONAL PROGRAM VIOLATIONS. A person who commits an intentional program violation is ineligible for the Low Income Home Energy Assistance Program as follows: (i) A person is ineligible for the Low Income Home Energy Assistance Program during the period the person is disqualified from receiving other economic assistance benefits due to an intentional program violation in another program.(ii) A person who commits a Low Income Home Energy Assistance Program intentional program violation is ineligible as follows: (1) For a first intentional program violation, the person becomes ineligible for any Low Income Home Energy Assistance Program benefits for the remainder of the program year and the next full program year.(2) For a second intentional program violation, the person becomes ineligible for any Low Income Home Energy Assistance Program benefits for the remainder of the program year and the next three full program years.(3) For a third (and any subsequent) intentional program violation, the person becomes permanently ineligible for Low Income Home Energy Assistance Program benefits.476 Neb. Admin. Code, ch. 2, § 002
Amended effective 10/28/2015.Amended effective 12/26/2020Amended effective 6/26/2022