CHAPTER 67:15:01
GENERAL ELIGIBILITY REQUIREMENTS
Section
67:15:01:01 Definitions.
67:15:01:02 Household composition.
67:15:01:03 Application -- LIEAP.
67:15:01:04 Repealed.
67:15:01:05 Documentation required.
67:15:01:06 Vulnerable households.
67:15:01:07 Repealed.
67:15:01:08 Repealed.
67:15:01:08.01 Individuals in institutions ineligible.
67:15:01:08.02 Repealed.
67:15:01:08.03 Repealed.
67:15:01:09 Proof of liability for heating expenses.
67:15:01:10 Determining household income.
67:15:01:11 Determining eligibility.
67:15:01:12 Repealed.
67:15:01:13 Repealed.
67:15:01:14 Repealed.
67:15:01:15 Repealed.
67:15:01:16 Repealed.
67:15:01:17 Repealed.
67:15:01:18 Income exclusions.
67:15:01:18.01 Income to be included -- Self-employed households.
67:15:01:19 Declaration of certain income.
67:15:01:20 Benefit levels.
67:15:01:20.01 Repealed.
67:15:01:21 Repealed.
67:15:01:22 Repealed.
67:15:01:23 Repealed.
67:15:01:23.01 Repealed.
67:15:01:23.02 Repealed.
67:15:01:24 Repealed.
67:15:01:25 Repealed.
67:15:01:26 Repealed.
67:15:01:26.01 Repealed.
67:15:01:27 Repealed.
67:15:01:28 Repealed.
67:15:01:29 Repealed.
67:15:01:30 Repealed.
67:15:01:31 Repealed.
67:15:01:32 Repealed.
67:15:01:33 Repealed.
67:15:01:34 Repealed.
67:15:01:35 Designation of regions.
67:15:01:36 Deadline for determining eligibility -- LIEAP.
67:15:01:37 Notice to households eligible for LIEAP.
67:15:01:38 Notice to ineligible LIEAP households.
67:15:01:39 Services to Native American households.
67:15:01:40 Households eligible for direct payments.
67:15:01:41 Direct payments to landlord.
67:15:01:41.01 Agreement required if rent includes cost of heat.
67:15:01:41.02 Amount of payment if rent includes cost of heat.
67:15:01:42 Repealed.
67:15:01:43 Payment date.
67:15:01:43.01 Payment limits.
67:15:01:44 No changes to benefit level allowed.
67:15:01:45 Household's responsibility for charges beyond amount of assistance.
67:15:01:46 Duplicate payments.
67:15:01:46.01 Recovery of overpayments.
67:15:01:47 Change in energy supplier.
67:15:01:48 Notice to household of exhaustion of energy assistance funds.
67:15:01:49 Request for fair hearing.
67:15:01:01. Definitions. Terms used in this article mean:
(1) "Categorically income eligible," if all individuals on the low income energy assistance application receive supplemental nutrition assistance benefits, the household is deemed income eligible for the low income energy assistance program;
(2) "Department," the Department of Social Services;
(3) "ECIP," energy crisis intervention program;
(4) "Gross income," for non-self-employed households, earned and unearned income before deductions; for self-employed households, earned and unearned income less business-related expenses except those listed in § 67:15:01:18.01;
(5) "Independent living arrangement," a living situation in which a household does not share heat or living space in common with another household or individual residing in the same dwelling unit. All household members must be counted when processing the application;
(6) "Institution," a facility that provides living quarters and services for a particular individual or group of individuals, including group homes, nursing homes, higher education facilities, facilities administered by the Department of Human Services under SDCL 1-36A-1.3, facilities administered by the Department of Corrections under SDCL 1-15-1.4, the South Dakota State Veterans' Home administered by the Department of Veterans' Affairs under SDCL 33A-4-1, community residential facilities, community habilitation facilities, residential treatment centers, special education units, residential school programs, and adjustment training centers;
(7) "LIEAP," low income energy assistance program;
(8) "Native American household," a household which is located in a county or portion of a county served by a tribe and all adult members are Native American;
(9) "Primary heating source," the main source of heat used by the household;
(10) "Shared living arrangement," a living arrangement in which heat or living space is shared by more than one individual. All household members must be counted when processing the application; and
(11) "WIA," the Workforce Investment Act of 1998, Pub. L. 105-220, as amended to July 1, 2013.
Source: 8 SDR 95, effective February 18, 1982; 10 SDR 30, effective October 3, 1983; 11 SDR 96, effective January 27, 1985; 12 SDR 73, effective November 4, 1985; 17 SDR 66, effective November 12, 1990; 23 SDR 101, effective December 22, 1996; 31 SDR 192, effective June 8, 2005; 36 SDR 103, effective December 21, 2009; 40 SDR 122, effective January 7, 2014; 41 SDR 218, effective June 30, 2015; 44 SDR 94, effective December 4, 2017.
General Authority: SDCL 28-1-50.
Law Implemented: SDCL 28-1-46.
67:15:01:02. Household composition. A household may be composed of any of the following:
(1) An independent living arrangement;
(2) A shared living arrangement; or
(3) An Individual living alone.
These individuals may not be residents of an institution and must be considered vulnerable according to § 67:15:01:06.
The individuals referred to in subdivisions (1), (2), and (3) must be self-supporting and independent.
Source: 8 SDR 95, effective February 18, 1982; 10 SDR 30, effective October 3, 1983; 12 SDR 73, effective November 4, 1985; 41 SDR 218, effective June 30, 2015; 44 SDR 94, effective December 4, 2017.
General Authority: SDCL 28-1-50(1)(4).
Law Implemented: SDCL 28-1-46.
67:15:01:03. Application -- LIEAP. An individual desiring LIEAP assistance must submit a written, signed application for assistance to the department's Office of Energy Assistance.
Source: 8 SDR 95, effective February 18, 1982; 11 SDR 96, effective January 27, 1985; 23 SDR 101, effective December 22, 1996; 29 SDR 116, effective February 23, 2003.
General Authority: SDCL 28-1-50.
Law Implemented: SDCL 28-1-46.
67:15:01:04. Deadlines for application -- LIEAP.Repealed.
Source: 8 SDR 95, effective February 18, 1982; 9 SDR 75, effective December 19, 1982; 10 SDR 30, effective October 3, 1983; 11 SDR 96, effective January 27, 1985; 12 SDR 73, effective November 4, 1985; 17 SDR 66, effective November 12, 1990; repealed, 23 SDR 101, effective December 22, 1996.
67:15:01:05. Documentation required. At the time of application, a household shall produce proof of all income, documentation of heating costs, and proof of vulnerability.
Source: 8 SDR 95, effective February 18, 1982; 9 SDR 75, effective December 19, 1982; 11 SDR 96, effective January 27, 1985.
General Authority: SDCL 28-1-50.
Law Implemented: SDCL 28-1-46.
67:15:01:06. Vulnerable households. Vulnerable households are those households in which the members are responsible for paying their own heating costs directly to an energy supplier or to a landlord as a portion of rent.
Source: 8 SDR 95, effective February 18, 1982; 9 SDR 75, effective December 19, 1982; 10 SDR 30, effective October 3, 1983; 11 SDR 96, effective January 27, 1985; 31 SDR 192, effective June 8, 2005.
General Authority: SDCL 28-1-50.
Law Implemented: SDCL 28-1-46.
67:15:01:07. Partially vulnerable households.Repealed.
Source: 8 SDR 95, effective February 18, 1982; repealed, 9 SDR 75, effective December 19, 1982; reenacted, 10 SDR 30, effective October 3, 1983; repealed, 11 SDR 96, effective January 27, 1985.
67:15:01:08. Partially vulnerable households -- Subsidized housing.Repealed.
Source: 8 SDR 95, effective February 18, 1982; repealed, 9 SDR 75, effective December 19, 1982.
67:15:01:08.02. Students.Repealed.
Source: 10 SDR 30, effective October 3, 1983; 11 SDR 96, effective January 27, 1985; 12 SDR 73, effective November 4, 1985; 17 SDR 66, effective November 12, 1990; repealed, 23 SDR 101, effective December 22, 1996.
67:15:01:08.03. Head of household -- Congregate living arrangements. Repealed.
Source: 12 SDR 73, effective November 4, 1985; 31 SDR 192, effective June 8, 2005; 44 SDR 94, effective December 4, 2017.
67:15:01:09. Proof of liability for heating expenses. Proof of liability for the heating expenses of a vulnerable household consists of one of the following:
(1) A bill or statement from the energy supplier that a household has a heating expense account; or
(2) A statement from the landlord verifying the amount of the household's rent and the portion of rent designated for heating expenses.
Source: 8 SDR 95, effective February 18, 1982; 9 SDR 75, effective December 19, 1982; 10 SDR 30, effective October 3, 1983; 11 SDR 96, effective January 27, 1985; 12 SDR 73, effective November 4, 1985; 31 SDR 192, effective June 8, 2005.
General Authority: SDCL 28-1-50.
Law Implemented: SDCL 28-1-46.
Cross-Reference: Vulnerable households, § 67:15:01:06.
67:15:01:10. Determining household income. In determining income for a non-self-employed household, the department shall compute the household's income from the three full calendar months immediately prior to the date of application.
In determining household income for a self-employed household, the department shall use the income from the household's most recent tax return. If the household does not qualify due to excess income, the department shall give the household an opportunity to present evidence that there has been a change in the household's circumstances. If the department determines that there has been a change in circumstances, the department shall calculate the self-employment income based on anticipated earnings and not on the basis of prior income.
If a household is determined categorically income eligible, the household is automatically income eligible for LIEAP assistance.
Source: 8 SDR 95, effective February 18, 1982; 9 SDR 75, effective December 19, 1982; 10 SDR 30, effective October 3, 1983; 12 SDR 73, effective November 4, 1985; 13 SDR 64, effective December 4, 1986; 17 SDR 66, effective November 12, 1990; 29 SDR 116, effective February 23, 2003; 31 SDR 192, effective June 8, 2005; 36 SDR 103, effective December 21, 2009.
General Authority: SDCL 28-1-50.
Law Implemented: SDCL 28-1-46.
67:15:01:11. Determining eligibility. Eligibility for LIEAP or ECIP is based on the household's income, the federal poverty level, and the amount of funding available to meet the needs of the program.
Source: 8 SDR 95, effective February 18, 1982; 9 SDR 75, effective December 19, 1982; 10 SDR 30, effective October 3, 1983; 11 SDR 96, effective January 27, 1985; 12 SDR 73, effective November 4, 1985; 13 SDR 64, effective December 4, 1986; 14 SDR 90, effective January 3, 1988; 15 SDR 128, effective February 26, 1989; 17 SDR 66, effective November 12, 1990; 23 SDR 101, effective December 22, 1996; 29 SDR 116, effective February 23, 2003.
General Authority: SDCL 28-1-50.
Law Implemented: SDCL 28-1-46.
67:15:01:12. Proof of income -- Non-self-employed households. Repealed.
Source: 8 SDR 95, effective February 18, 1982; 9 SDR 75, effective December 19, 1982; 10 SDR 30, effective October 3, 1983; 11 SDR 96, effective January 27, 1985; repealed, 12 SDR 73, effective November 4, 1985.
67:15:01:13. Proof of income -- Self-employed. Repealed.
Source: 8 SDR 95, effective February 18, 1982; 9 SDR 75, effective December 19, 1982; 10 SDR 30, effective October 3, 1983; repealed, 12 SDR 73, effective November 4, 1985.
67:15:01:13.01. Proof of income -- Household with both self-employed and non-self-employed individuals. Repealed.
Source: 11 SDR 96, effective January 27, 1985; repealed, 12 SDR 73, effective November 4, 1985.
67:15:01:14. Form 1040 -- Completion of line 12. Repealed.
Source: 8 SDR 95, effective February 18, 1982; 9 SDR 75, effective December 19, 1982; 10 SDR 30, effective October 3, 1983; repealed, 12 SDR 73, effective November 4, 1985.
67:15:01:15. Form 1040 -- Completion of line 18. Repealed.
Source: 8 SDR 95, effective February 18, 1982; 9 SDR 75, effective December 19, 1982; 10 SDR 30, effective October 3, 1983; 11 SDR 96, effective January 27, 1985; repealed, 12 SDR 73, effective November 4, 1985.
67:15:01:16. Form 1040 -- Completion of line 19. Repealed.
Source: 8 SDR 95, effective February 18, 1982; 9 SDR 75, effective December 19, 1982; 10 SDR 30, effective October 3, 1983; 11 SDR 96, effective January 27, 1985; repealed, 12 SDR 73, effective November 4, 1985.
67:15:01:17. Proof of income -- Self-employed/non-self-employed. Repealed.
Source: 8 SDR 95, effective February 18, 1982; repealed, 12 SDR 73, effective November 4, 1985.
67:15:01:18. Income exclusions. In computing a household's income, the department excludes the following:
(1) Earned income of a household member who is under the age of 18 or, if still in high school, under the age of 19;
(2) Cash which is administratively difficult to compute and verify;
(3) Tax refunds, earned income tax credits, and advanced earned income tax credits; (4) Reimbursement for expenses, such as medical expenses, mileage incurred in connection with employment, and other employment-related expense, incurred by the household;
(5) Payments made to others on behalf of household members;
(6) Money derived from programs established under Title III or Title V of the Older Americans Act of 1965, such as experience works (formerly green thumb), foster grandparents, retired senior volunteer programs, older Americans community service programs, VISTA program, and senior companion program;
(7) Money borrowed by the household;
(8) Educational benefits, including grants, scholarships, work study, and loans;
(9) WIA educational and employment training expense reimbursements;
(10) Insurance settlements replacing personal or real property;
(11) Adoption subsidies received by the household;
(12) Deductions from social security benefit payments for Medicare;
(13) The portion of a social security lump-sum death benefit designated for funeral expenses;
(14) Capital gains;
(15) Proceeds from the sale of a home or farm, a liquidation auction, or the sale of property not normally sold in the household's regular course of doing business;
(16) One-time payments from a welfare agency;
(17) Cash gifts for recurring occasions such as birthdays and Christmas;
(18) Earnings from community work experience programs, tribal work experience programs, and Job Corps programs;
(19) Money earned from taking the census, unless it is the individual's full-time job;
(20) Income used to pay child support;
(21) Income withheld by other entitlement programs to recover overpayments made to a household member by the other program; and
(22) Utility allowances.
Source: 8 SDR 95, effective February 18, 1982; 10 SDR 30, effective October 3, 1983; 11 SDR 96, effective January 27, 1985; 12 SDR 73, effective November 4, 1985; 17 SDR 66, effective November 12, 1990; 23 SDR 101, effective December 22, 1996; 29 SDR 116, effective February 23, 2003; 31 SDR 192, effective June 8, 2005; 36 SDR 103, effective December 21, 2009; 41 SDR 218, effective June 30, 2015.
General Authority: SDCL 28-1-50.
Law Implemented: SDCL 28-1-46.
67:15:01:18.01. Income to be included -- Self-employed households. In computing the income for self-employed households the department shall include depreciation and any net profit or loss.
In determining the income of a self-employed household member, the department shall consider that the income earned through self-employment is zero if the self-employment income calculations result in a loss
Source: 12 SDR 73, effective November 4, 1985; 13 SDR 64, effective December 4, 1986; 31 SDR 192, effective June 8, 2005.
General Authority: SDCL 28-1-50.
Law Implemented: SDCL 28-1-46.
67:15:01:19. Declaration of certain income. Even though a household is unable to produce proof of receipt of funds from child support, alimony, baby-sitting, lease payments from tribal trust land, or income determined unverifiable by the department, the household shall declare this income on the application for assistance.
Source: 8 SDR 95, effective February 18, 1982; 10 SDR 30, effective October 3, 1983.
General Authority: SDCL 28-1-50.
Law Implemented: SDCL 28-1-46.
67:15:01:20. Benefit levels. The benefit levels for an eligible household shall be determined by the department based on all of the following:
(1) The household's income level;
(2) The type and average cost of the household's primary heating source;
(3) The region of the state in which the household resides;
(4) The household size; and
(5) The availability of program funds.
Source: 8 SDR 95, effective February 18, 1982; 10 SDR 30, effective October 3, 1983; 11 SDR 96, effective January 27, 1985; 31 SDR 192, effective June 8, 2005; 41 SDR 218, effective June 30, 2015.
General Authority: SDCL 28-1-50.
Law Implemented: SDCL 28-1-46.
67:15:01:20.01. Payment levels for partially vulnerable households. Repealed.
Source: 10 SDR 30, effective October 3, 1983; repealed, 11 SDR 96, effective January 27, 1985.
67:15:01:21. Payment levels for households using fuel oil. Repealed.
Source: 8 SDR 95, effective February 18, 1982; 9 SDR 75, effective December 19, 1982; 11 SDR 96, effective January 27, 1985; 13 SDR 64, effective December 4, 1986; 14 SDR 90, effective January 3, 1988; 15 SDR 128, effective February 26, 1989; repealed, 23 SDR 101, effective December 22, 1996.
67:15:01:22. Payment levels for households using propane. Repealed.
Source: 8 SDR 95, effective February 18, 1982; 9 SDR 75, effective December 19, 1982; 11 SDR 96, effective January 27, 1985; 13 SDR 64, effective December 4, 1986; 14 SDR 90, effective January 3, 1988; 15 SDR 128, effective February 26, 1989; repealed, 23 SDR 101, effective December 22, 1996.
67:15:01:23. Payment levels for households using natural gas. Repealed.
Source: 8 SDR 95, effective February 18, 1982; 9 SDR 75, effective December 19, 1982; 11 SDR 96, effective January 27, 1985; 15 SDR 128, effective February 26, 1989; repealed, 23 SDR 101, effective December 22, 1996.
67:15:01:23.01. Payment levels for households using natural gas -- Between $4.50 and $4.75 for 1,000 cubic feet. Repealed.
Source: 9 SDR 75, effective December 19, 1982; repealed, 11 SDR 96, effective January 27, 1985.
67:15:01:23.02. Payment levels for households using natural gas -- Between $4.75 and $5.00 for 1,000 cubic feet. Repealed.
Source: 9 SDR 75, effective December 19, 1982; repealed, 11 SDR 96, effective January 27, 1985.
67:15:01:24. Payment levels for households using electricity less than three cents per kilowatt hour. Repealed.
Source: 8 SDR 95, effective February 18, 1982; 9 SDR 75, effective December 19, 1982; repealed, 11 SDR 96, effective January 27, 1985.
67:15:01:25. Payment levels for households using electricity costing less than four cents per kilowatt hour. Repealed.
Source: 8 SDR 95, effective February 18, 1982; 9 SDR 75, effective December 19, 1982; repealed, 11 SDR 96, effective January 27, 1985; reenacted, 12 SDR 73, effective November 4, 1985; 15 SDR 128, effective February 26, 1989; repealed, 23 SDR 101, effective December 22, 1996.
67:15:01:26. Payment levels for households using electricity costing between four cents and five cents per kilowatt hour. Repealed.
Source: 8 SDR 95, effective February 18, 1982; 9 SDR 75, effective December 19, 1982; 10 SDR 30, effective October 3, 1983; 11 SDR 96, effective January 27, 1985; 12 SDR 73, effective November 4, 1985; 15 SDR 128, effective February 26, 1989; repealed, 23 SDR 101, effective December 22, 1996.
67:15:01:26.01. Payment levels for households using electricity costing five cents or more per kilowatt hour. Repealed.
Source: 10 SDR 30, effective October 3, 1983; 12 SDR 73, effective November 4, 1985; 15 SDR 128, effective February 26, 1989; repealed, 23 SDR 101, effective December 22, 1996.
67:15:01:27. Payment levels for households using wood or coal. Repealed.
Source: 8 SDR 95, effective February 18, 1982; 9 SDR 75, effective December 19, 1982; 15 SDR 128, effective February 26, 1989; repealed, 23 SDR 101, effective December 22, 1996.
67:15:01:28. Payment levels for partially vulnerable households -- Fuel oil. Repealed.
Source: 8 SDR 95, effective February 18, 1982; repealed, 9 SDR 75, effective December 19, 1982.
67:15:01:29. Payment levels for partially vulnerable households -- Propane. Repealed.
Source: 8 SDR 95, effective February 18, 1982; repealed, 9 SDR 75, effective December 19, 1982.
67:15:01:30. Payment levels for partially vulnerable households -- Natural gas. Repealed.
Source: 8 SDR 95, effective February 18, 1982; repealed, 9 SDR 75, effective December 19, 1982.
67:15:01:31. Payment levels for partially vulnerable households -- Electricity less than three cents per kilowatt hours. Repealed.
Source: 8 SDR 95, effective February 18, 1982; repealed, 9 SDR 75, effective December 19, 1982.
67:15:01:32. Payment levels for partially vulnerable households -- Electricity between three and four cents per kilowatt hour. Repealed.
Source: 8 SDR 95, effective February 18, 1982; repealed, 9 SDR 75, effective December 19, 1982.
67:15:01:33. Payment levels for partially vulnerable households -- Electricity more than four cents per kilowatt hour. Repealed.
Source: 8 SDR 95, effective February 18, 1982; repealed, 9 SDR 75, effective December 19, 1982.
67:15:01:34. Payment levels for partially vulnerable households -- Wood or coal. Repealed.
Source: 8 SDR 95, effective February 18, 1982; repealed, 9 SDR 75, effective December 19, 1982.
67:15:01:35. Designation of regions. Regions for purposes of determining the payment levels for a household eligible for LIEAP assistance are as follows:
|
REGION I |
REGION II |
REGION III |
REGION IV |
|
Custer |
Butte |
Ziebach |
Harding |
|
Fall River |
Meade |
Dewey |
Perkins |
|
Shannon |
Lawrence |
Walworth |
Corson |
|
Jackson |
Pennington |
Edmunds |
Campbell |
|
Bennett |
Haakon |
Potter |
McPherson |
|
Jones |
Stanley |
Faulk |
Brown |
|
Mellette |
Sully |
Spink |
Marshall |
|
Todd |
Hughes |
Roberts |
Day |
|
Tripp |
Lyman |
Grant |
Clark |
|
Gregory |
Hand |
Beadle |
Codington |
|
Charles Mix |
Buffalo |
Kingsbury |
Hamlin |
|
Douglas |
Jerauld |
Hyde |
Brookings |
|
Davison |
Sanborn |
Lake |
Deuel |
|
Hutchinson |
Brule |
Moody |
|
|
Turner |
Aurora |
Minnehaha |
|
|
Lincoln |
Hanson |
|
|
|
Bon Homme |
McCook |
|
|
|
Clay |
Yankton |
|
|
|
Union |
Miner |
|
|
Source: 8 SDR 95, effective February 18, 1982; 13 SDR 64, effective December 4, 1986; 23 SDR 101, effective December 22, 1996.
General Authority: SDCL 28-1-50.
Law Implemented: SDCL 28-1-46.
67:15:01:36. Deadline for determining eligibility -- LIEAP. The department shall determine LIEAP eligibility within 60 days after the date the application is received.
Source: 8 SDR 95, effective February 18, 1982; 23 SDR 101, effective December 22, 1996; 31 SDR 192, effective June 8, 2005.
General Authority: SDCL 28-1-50.
Law Implemented: SDCL 28-1-46.
67:15:01:37. Notice to households eligible for LIEAP. If a household is determined eligible for LIEAP assistance, the department shall notify the household in writing of the amount of LIEAP assistance for which the household is eligible.
The notice shall also contain information regarding the household's right to a fair hearing.
Source: 8 SDR 95, effective February 18, 1982; 12 SDR 73, effective November 4, 1985; 23 SDR 101, effective December 22, 1996; 31 SDR 192, effective June 8, 2005.
General Authority: SDCL 28-1-50.
Law Implemented: SDCL 28-1-46.
Cross-References: Request for fair hearing, § 67:15:01:49; Fair hearings, ch 67:17:02.
67:15:01:38. Notice to ineligible LIEAP households. If a household is determined ineligible for LIEAP assistance, the department, within 60 days after the date of application, shall notify the household in writing of the reason for ineligibility.
The notice shall also contain information regarding the household's right to a fair hearing.
Source: 8 SDR 95, effective February 18, 1982; 23 SDR 101, effective December 22, 1996.
General Authority: SDCL 28-1-50.
Law Implemented: SDCL 28-1-46.
Cross-References: Request for fair hearing, § 67:15:01:49; Fair hearings, ch 67:17:02.
67:15:01:39. Services to Native American households. Native American households residing in the following counties must apply for assistance to the tribes listed:
|
COUNTY |
TRIBE |
|
Charles Mix |
Yankton Sioux |
|
Todd, Tripp, Mellette, Gregory |
Rosebud Sioux |
|
Jackson, Oglala Lakota, Bennett |
Oglala Sioux |
|
Stanley, Lyman |
Lower Brule Sioux |
|
Dewey, Ziebach |
Cheyenne Sioux |
|
Corson |
Standing Rock Sioux |
The department shall deny assistance to Native American households applying through the department but residing in areas served by the tribes listed in this section. The department shall refer those households to the tribe for assistance.
The department shall serve Native American households residing in other areas.
Source: 8 SDR 95, effective February 18, 1982; 10 SDR 30, effective October 3, 1983; 17 SDR 66, effective November 12, 1990; SL 2015 ch 56, § 1, effective May 1, 2015; 44 SDR 94, effective December 4, 2017.
General Authority: SDCL 28-1-50(1)(4).
Law Implemented: SDCL 28-1-46.
67:15:01:40. Households eligible for direct payments. Households whose primary heating source is wood or coal shall receive their energy payments directly from the department.
Source: 8 SDR 95, effective February 18, 1982; 10 SDR 30, effective October 3, 1983; 12 SDR 73, effective November 4, 1985; 23 SDR 101, effective December 22, 1996.
General Authority: SDCL 28-1-50.
Law Implemented: SDCL 28-1-46.
Cross-References: Requirements for energy suppliers, ch 67:15:02.
67:15:01:41. Direct payments to landlord. The department shall make a direct payment to the landlord on behalf of an eligible household if the landlord charges the household rent plus heat and has a signed agreement with the department.
Source: 8 SDR 95, effective February 18, 1982; 12 SDR 73, effective November 4, 1985; 13 SDR 64, effective December 4, 1986; 23 SDR 101, effective December 22, 1996; 29 SDR 116, effective February 23, 2003; 44 SDR 94, effective December 4, 2017.
General Authority: SDCL 28-1-50(3).
Law Implemented: SDCL 28-1-46.
Cross-References:
Requirements for energy suppliers, ch 67:15:02.
Agreement required if rent includes cost of heat, § 67:15:01:41.01.
Amount of payment to energy supplier or landlord when rent includes cost of heat, § 67:15:01:41.02.
67:15:01:41.01. Agreement required if rent includes cost of heat. If the household's rent includes the cost of heat, the landlord must sign the agreement specified in § 67:15:01:41. Failure of the landlord to sign the agreement will result in the household's ineligibility.
Source: 12 SDR 73, effective November 4, 1985; 23 SDR 101, effective December 22, 1996.
General Authority: SDCL 28-1-50.
Law Implemented: SDCL 28-1-46.
67:15:01:41.02. Amount of payment if rent includes cost of heat. If the household's rent includes the cost of heat, the LIEAP payment may be up to 30 percent of the household's monthly rent.
Source: 12 SDR 73, effective November 4, 1985; 13 SDR 64, effective December 4, 1986; 29 SDR 116, effective February 23, 2003; 35 SDR 49, effective September 10, 2008.
General Authority: SDCL 28-1-50.
Law Implemented: SDCL 28-1-46.
67:15:01:42. Payment options -- Primary and secondary heating sources. Repealed.
Source: 8 SDR 95, effective February 18, 1982; repealed, 23 SDR 101, effective December 22, 1996.
67:15:01:43. Payment date. If a household is eligible for direct payments, the department shall pay the household within 21 days after the department notifies the household of its eligibility.
Source: 8 SDR 95, effective February 18, 1982; 23 SDR 101, effective December 22, 1996.
General Authority: SDCL 28-1-50.
Law Implemented: SDCL 28-1-46.
67:15:01:43.01. Payment limits. Monthly LIEAP payment will continue to be made to the energy supplier or landlord until one of the following has occurred:
(1) The household has reached its maximum LIEAP benefit level;
(2) The household no longer has a heating expense;
(3) The LIEAP program year has ended; or
(4) The funds available for LIEAP payments have been exhausted.
Source: 12 SDR 73, effective November 4, 1985; 13 SDR 64, effective December 4, 1986.
General Authority: SDCL 28-1-50.
Law Implemented: SDCL 28-1-46.
67:15:01:44. No changes to benefit level allowed. After a LIEAP benefit is paid, no adjustments may be made to the benefit level due to changes in income, household size, fuel type, or region.
Source: 8 SDR 95, effective February 18, 1982; 31 SDR 192, effective June 8, 2005; 35 SDR 49, effective September 10, 2008.
General Authority: SDCL 28-1-50.
Law Implemented: SDCL 28-1-46.
67:15:01:45. Household's responsibility for charges beyond amount of assistance. If a household's energy bill exceeds the amount of energy assistance for which the household is eligible, the household is responsible to the supplier for the excess charges.
Source: 8 SDR 95, effective February 18, 1982.
General Authority: SDCL 28-1-50.
Law Implemented: SDCL 28-1-46.
67:15:01:46. Duplicate payments. Households may only be determined eligible for LIEAP assistance once during the program year. The department shall consider it a duplicate payment if a member of a household previously received LIEAP assistance leaves that household and later applies for energy assistance either as a separate household or as part of another household.
The department shall consider it a duplicate payment if the household has received LIEAP assistance from another state or tribal entity during the current program year.
The provisions of this rule do not apply to children under the age of 19 if legal custody has changed from one parent to the other or if a joint custody arrangement requires that the child resides in both parents' separate households.
Source: 8 SDR 95, effective February 18, 1982; 10 SDR 30, effective October 3, 1983; 11 SDR 96, effective January 27, 1985; 14 SDR 90, effective January 3, 1988; 36 SDR 103, effective December 21, 2009; 44 SDR 94, effective December 4, 2017.
General Authority: SDCL 28-1-50(3)(4).
Law Implemented: SDCL 28-1-46.
67:15:01:47. Change in energy supplier. A household may change energy suppliers if the household notifies the department and obtains approval from the department and the current energy supplier. When a change is requested, the household may not have a balance owing for the current program year with the household's current energy supplier.
Source: 8 SDR 95, effective February 18, 1982; 23 SDR 101, effective December 22, 1996; 29 SDR 116, effective February 23, 2003.
General Authority: SDCL 28-1-50.
Law Implemented: SDCL 28-1-46.
Cross-Reference: Requirements for energy suppliers, ch 67:15:02.
67:15:01:48. Notice to household of exhaustion of energy assistance funds. After the supplier or landlord has billed the department for the total amount of energy assistance for which a household is eligible, the department shall notify the household that all funds available to the household have been spent and that the household is no longer eligible to receive further energy assistance during the current energy assistance program year.
Source: 8 SDR 95, effective February 18, 1982; 13 SDR 64, effective December 4, 1986.
General Authority: SDCL 28-1-50.
Law Implemented: SDCL 28-1-46.
Cross-Reference: Requirements for energy suppliers, ch 67:15:02.
67:15:01:49. Request for fair hearing. An applicant or recipient requesting a fair hearing shall do so within 60 days of the action or inaction. Fair hearings shall be conducted according to chapter 67:17:02.
Source: 8 SDR 95, effective February 18, 1982; 10 SDR 30, effective October 3, 1983.
General Authority: SDCL 28-1-50.
Law Implemented: SDCL 28-1-46.
Cross-Reference: Fair hearings, ch 67:17:02.
CHAPTER 67:15:02
REQUIREMENTS FOR ENERGY SUPPLIERS
Section
67:15:02:01 Agreements required for direct payments.
67:15:02:02 Limitation on payment.
67:15:02:03 Submission of claim forms for reimbursement.
67:15:02:04 Deadline for submission of claims.
67:15:02:05 Notice to energy supplier or landlord.
67:15:02:06 Time frame for payments to energy suppliers or landlords.
67:15:02:07 Energy supplier to bill household for overages.
67:15:02:08 Utilization review.
67:15:02:01. Agreements required for direct payments. For an energy supplier or landlord to receive direct energy payments in behalf of eligible households, the energy supplier or landlord shall have a signed agreement with the department.
Source: 8 SDR 95, effective February 18, 1982; 13 SDR 64, effective December 4, 1986.
General Authority: SDCL 28-1-50.
Law Implemented: SDCL 28-1-46.
67:15:02:02. Limitation on payment. The energy supplier may use the energy assistance funds only for those energy supply bills that are incurred by a household between July 1 and April 30 of the current program year and are unpaid at the time the claim is submitted to the department for payment. Utility companies which bill their customers monthly and which base their billings on their meter readings may submit bills for energy assistance funds only for those meter readings occurring between October 1 and May 15 of the current program year.
Source: 8 SDR 95, effective February 18, 1982; 9 SDR 75, effective December 19, 1982; 10 SDR 30, effective October 3, 1983; 11 SDR 96, effective January 27, 1985; 12 SDR 73, effective November 4, 1985; 14 SDR 90, effective January 3, 1988; 17 SDR 66, effective November 12, 1990; 23 SDR 101, effective December 22, 1996; 31 SDR 192, effective June 8, 2005; 35 SDR 49, effective September 10, 2008.
General Authority: SDCL 28-1-50.
Law Implemented: SDCL 28-1-46.
67:15:02:03. Submission of claim forms for reimbursement. To obtain reimbursement for home energy supplies, an energy supplier or landlord shall submit a signed claim to the department. The claim shall be submitted on forms provided by the department. The energy supplier may not request reimbursement until the energy supply has been delivered to the household.
Source: 8 SDR 95, effective February 18, 1982; 13 SDR 64, effective December 4, 1986.
General Authority: SDCL 28-1-50.
Law Implemented: SDCL 28-1-46.
67:15:02:04. Deadline for submission of claims. Energy claims submitted by energy suppliers or landlords in behalf of eligible households must be postmarked on or before May 15. After that date, the department shall revert any unused benefits to the LIEAP fund.
Source: 8 SDR 95, effective February 18, 1982; 10 SDR 30, effective October 3, 1983; 11 SDR 96, effective January 27, 1985; 13 SDR 64, effective December 4, 1986; 17 SDR 66, effective November 12, 1990; 31 SDR 192, effective June 8, 2005.
General Authority: SDCL 28-1-50.
Law Implemented: SDCL 28-1-46.
67:15:02:05. Notice to energy supplier or landlord. At least once a month the department shall send to the participating energy supplier or landlord notice of the following:
(1) Which of the supplier's customers or the landlord's tenants have been determined eligible for LIEAP;
(2) The total amount of energy assistance available to the household; and
(3) Balances remaining, if any, on the accounts after a LIEAP payment.
Source: 8 SDR 95, effective February 18, 1982; 13 SDR 64, effective December 4, 1986.
General Authority: SDCL 28-1-50.
Law Implemented: SDCL 28-1-46.
67:15:02:06. Time frame for payments to energy suppliers or landlords. The department shall make payments to participating energy suppliers or landlords in behalf of eligible households within 21 days after receipt of the supplier's or landlord's claim by the department.
Source: 8 SDR 95, effective February 18, 1982; 13 SDR 64, effective December 4, 1986.
General Authority: SDCL 28-1-50.
Law Implemented: SDCL 28-1-46.
67:15:02:07. Energy supplier to bill household for overages. If the actual cost of home energy exceeds the payment made under LIEAP or ECIP, the energy supplier shall bill the household and collect the excess charges.
Source: 8 SDR 95, effective February 18, 1982.
General Authority: SDCL 28-1-50.
Law Implemented: SDCL 28-1-46.
67:15:02:08. Utilization review. The department shall conduct energy supplier and landlord utilization reviews to determine whether or not energy suppliers and landlords meet the requirements of the energy supply agreement and this article.
Source: 8 SDR 95, effective February 18, 1982; 13 SDR 64, effective December 4, 1986.
General Authority: SDCL 28-1-50.
Law Implemented: SDCL 28-1-46.
CHAPTER 67:15:03
COUNTY ADMINISTRATION
(Repealed. 23 SDR 101, effective December 22, 1996)
CHAPTER 67:15:04
ENERGY CRISIS INTERVENTION
Section
67:15:04:01 ECIP application.
67:15:04:02 Deadline for application.
67:15:04:03 ECIP funds available for emergencies.
67:15:04:03.01 Income limits.
67:15:04:04 Limits for ECIP payments.
67:15:04:05 Notice to eligible households.
67:15:04:06 Notice to ineligible households.
67:15:04:07 Fair hearings.
67:15:04:01. ECIP application. An individual desiring ECIP assistance may apply by contacting the department's Office of Energy Assistance.
Source: 8 SDR 95, effective February 18, 1982; 11 SDR 96, effective January 27, 1985; 17 SDR 66, effective November 12, 1990; 23 SDR 101, effective December 22, 1996.
General Authority: SDCL 28-1-50.
Law Implemented: SDCL 28-1-46.
67:15:04:02. Deadline for application. ECIP applications will be taken beginning the first working day in October and ending on March 31.
Source: 8 SDR 95, effective February 18, 1982; 9 SDR 75, effective December 19, 1982; 10 SDR 30, effective October 3, 1983; 11 SDR 96, effective January 27, 1985; 12 SDR 73, effective November 4, 1985; 17 SDR 66, effective November 12, 1990; 35 SDR 49, effective September 10, 2008.
General Authority: SDCL 28-1-50.
Law Implemented: SDCL 28-1-46.
67:15:04:03. ECIP funds available for emergencies. ECIP funds are available in an emergency to a LIEAP-eligible household that meets one of the following conditions:
(1) For a household whose heat is included in the rent or who pays rent plus heat, the household must provide the department with a copy of the eviction notice from the landlord for nonpayment of rent or heating costs;
(2) For a household whose primary source of heat is natural gas or electricity, the household must provide the department with a copy of its disconnect notice from the supplier; or
(3) For a household whose primary source of heat is fuel oil or propane, its fuel tank must be at least 80 percent empty and the fuel supplier must be requiring that a cash payment be made at the time the fuel is delivered.
The department must approve expenditures made under the provisions of this chapter before the household incurs the expenses.
Source: 8 SDR 95, effective February 18, 1982; 9 SDR 75, effective December 19, 1982; 10 SDR 30, effective October 3, 1983; 11 SDR 96, effective January 27, 1985; 13 SDR 64, effective December 4, 1986; 15 SDR 128, effective February 26, 1989; 17 SDR 66, effective November 12, 1990; 23 SDR 101, effective December 22, 1996; 29 SDR 116, effective February 23, 2003; 44 SDR 94, effective December 4, 2017.
General Authority: SDCL 28-1-50.
Law Implemented: SDCL 28-1-46.
67:15:04:03.01. Income limits. To determine whether a household is income eligible for ECIP, the department shall compute the household's income according to § 67:15:01:10.
Source: 13 SDR 64, effective December 4, 1986; 17 SDR 66, effective November 12, 1990.
General Authority: SDCL 28-1-50.
Law Implemented: SDCL 28-1-46.
67:15:04:04. Limits for ECIP payments. Maximum ECIP payment levels for the fuel or electricity used for a household's heating source shall be based on the ECIP income limits established in § 67:15:01:11. The maximum payments for the heating season are established in § 67:15:01:20.
Source: 8 SDR 95, effective February 18, 1982; 10 SDR 30, effective October 3, 1983; 12 SDR 73, effective November 4, 1985; 13 SDR 64, effective December 4, 1986; 15 SDR 128, effective February 26, 1989; 17 SDR 66, effective November 12, 1990; 35 SDR 253, effective May 12, 2009.
General Authority: SDCL 28-1-50.
Law Implemented: SDCL 28-1-46.
67:15:04:05. Notice to eligible households. If a household is determined to be eligible for ECIP assistance, the department shall notify the household of the amount of ECIP assistance for which the household is eligible. Notification must be made within 48 hours after the application is filed or within 18 hours after the application is filed if a life-threatening situation exists for the household.
Source: 8 SDR 95, effective February 18, 1982; 9 SDR 75, effective December 19, 1982; 14 SDR 90, effective January 3, 1988; 23 SDR 101, effective December 22, 1996.
General Authority: SDCL 28-1-50.
Law Implemented: SDCL 28-1-46.
67:15:04:06. Notice to ineligible households. If a household is determined to be ineligible for ECIP assistance, the department shall inform the household of the reason for ineligibility within three working days after the date of application.
Source: 8 SDR 95, effective February 18, 1982; 9 SDR 75, effective December 19, 1982; 23 SDR 101, effective December 22, 1996.
General Authority: SDCL 28-1-50.
Law Implemented: SDCL 28-1-46.
