N.J. Admin. Code § 5:49-3.2

Current through Register Vol. 56, No. 23, December 2, 2024

Section 5:49-3.2 - Applications-DCA/CAA

(a) Upon application at the CAA or other non-profit agency, or outreach site, eligible households which have not received or will not receive automatic benefits in accordance with 5:49-3.1, shall receive energy assistance in accordance with this section. In order to be eligible for home energy assistance, the household must be income eligible (see 5:49-2.3) .

(b) No home energy assistance shall be authorized to households whose heating costs are paid by others outside the household.

(c) No special assistance shall be authorized to households residing in publicly operated housing or receiving a rent subsidy, unless the household can demonstrate that it has direct responsibility for payment of its heating costs.

(d) Applications shall not be authorized for households residing in any licensed medical facility (hospital, skilled nursing facility or intermediate care facility), publicly operated community residence or center for the treatment of drug and/or alcohol abuse.

(e) Applications shall not be authorized for households consisting entirely of students who are tax dependents of another household.

(f) Households responsible for heating costs:

1. Households which are responsible for primary fuel costs associated with residential heat shall receive a benefit based on the household's size, income, fuel type and heating region, as referenced in 5:49-3.6.

i. Fuel types are electricity, natural gas, oil, propane, kerosene, coal, wood and heat included in rent.

2. Households whose heat is included in the rent, or who pay a separate fuel charge to their landlord, shall receive benefits as heat included in the rent fuel type.

3. The household must provide evidence that it is responsible for payment of fuel costs.

4. A household directly responsible to a public utility for payment of heating costs will receive the energy benefit in the form of a direct transfer to the utility. The benefit will be transferred directly to the client's utility company with the client receiving notification. A household directly responsible to other participating fuel suppliers will receive the benefit in the form of a two party check. The check will be payable to the head of household and the name of the fuel supplier.

5. A household directly responsible for payment of heating costs to any non-participating fuel supplier will receive the energy benefit payable to the head of household and "Your Heating Supplier."

6. For cases in which an applicant indicates that he or she is using a kerosene heater as the primary heat source in an area in which zoning ordinances have declared that type of heater illegal, kerosene shall not be considered the household's main source of heat on the HEA application. In such situations the CAA or other non-profit agency must advise applicants of the legal implications of using that form of heater and provide them with information regarding any available programs which may assist them in the establishment of an alternate heating source.

i. In any situation in which the applicant is uncooperative in securing a new heating source, the CAA or other non-profit agency must document in the case record that the applicant was advised of the illegality of the use of kerosene heaters and was counseled regarding existing alternatives. Home energy assistance payments shall not be authorized to supplement illegal heating sources.

N.J. Admin. Code § 5:49-3.2

Amended by R.1982 d.497, effective 12/30/1982.
See: 14 N.J.R. 1311(a), 15 N.J.R. 92(c).
Originally filed as an emergency adoption (R.1982 d.412) on November 1, 1982. Readopted as R.1982 d.497. Supplier and participating fuel supplier added to text.
Amended by R.1982 d.465, effective 10/17/1983, operative November 1, 1983.
See: 15 N.J.R. 1338(a), 15 N.J.R. 1768(c).
Reference to Schedule C changed to Schedule B.
Emergency amendment and concurrent proposal amended, R.1984 d.538, effective and operative November 1, 1984 (expires December 31, 1984).
See: 16 N.J.R. 3217(a).
Substantially amended.
Emergency amendment readopted R.1985 d.5, effective 1/2/1985.
See: 16 N.J.R. 3217(a), 17 N.J.R. 310(a).
Emergency Amendment, R.1985 d.539, effective 10/28/1985 (operative November 1, 1985, expires December 27, 1985).
See: 17 N.J.R. 2791(a).
Added text in (d): "or center for ... or alcohol abuse."
Readopted amendment R.1985 d.708, effective 12/24/1985.
See: 17 N.J.R. 2791(a), 18 N.J.R. 194(a).
Emergency Amendment, R.1987 d.496, effective 10/28/1987 (operative November 1, 1987, expires December 27, 1987).
See: 19 N.J.R. 2208(a).
Added (f)6.
Adopted Concurrent Proposal as R.1988 d.46, effective 12/24/1987.
See: 19 N.J.R. 2208(a), 20 N.J.R. 291(b).
Amended by R.1990 d.315, effective 6/18/1990.
See: 22 N.J.R. 599(a), 22 N.J.R. 1939(a).
In (c): added "... or receiving a rent subsidy ..." to defining households regarding special assistance.
Emergency Amendment, R.1994 d.20, effective 12/9/1993 (to expire February 7, 1994).
See: 26 N.J.R. 256(a).
Adopted Concurrent Proposal, R.1994 d.109, effective 2/7/1994.
See: 26 N.J.R. 256(a), 26 N.J.R. 1227(a).
Emergency amendment R.1997 d.149, effective 2/25/1997 (to expire April 26, 1997).
See: 29 N.J.R. 940(a).
In (a), (f)6, and (f)6i, substituted "CAA or other non-profit agency" for "CWA".
Adopted concurrent proposal, R.1997 d.207, effective 4/25/1997.
See: 29 N.J.R. 940(a), 29 N.J.R. 2473(a).
Emergency amendment R.1998 d.82, effective 1/9/1998 (to expire March 10, 1998).
See: 30 N.J.R. 568(a).
In (f), rewrote 4.
Adopted concurrent proposal, R.1998 d.168, effective 3/10/1998.
See: 30 N.J.R. 568(a), 30 N.J.R. 1285(a).
Amended by R.2005 d.130, effective 5/2/2005.
See: 37 N.J.R. 18(a), 37 N.J.R. 1518(b).
Rewrote the section.