Utah Administrative Code

The Utah Administrative Code is the body of all effective administrative rules as compiled and organized by the Division of Administrative Rules (see Subsection 63G-3-102(5); see also Sections 63G-3-701 and 702).

NOTE: For a list of rules that have been made effective since July 1, 2019, please see the codification segue page.

NOTE TO RULEFILING AGENCIES: Use the RTF version for submitting rule changes.


R982. Workforce Services, Administration.

Rule R982-403. Energy Assistance Income Standards, Income Eligibility, and Payment Determination.

As in effect on July 1, 2019

Table of Contents

R982-403-1. Energy Assistance Income Standards.

For HEAT assistance cases, the local HEAT office shall determine the countable income of the household. Income must be at or below 150% of the federal poverty level to qualify for HEAT assistance.

R982-403-2. Countable Income.

Countable income is gross income minus exclusions, disregards, and deductions.

R982-403-3. Unearned Income.

(1) Countable unearned income is cash received by an individual for which no service is performed.

(2) Sources of unearned income include the following:

(a) Pensions and annuities including Railroad Retirement, Social Security, Supplemental Security Income, Veteran's benefits and Civil Service retirement benefits;

(b) Disability benefits including Industrial Compensation, sick pay, mortgage insurance and paycheck insurance;

(c) Unemployment Compensation;

(d) Strike or union benefits;

(e) Veteran's benefits;

(f) Child support and alimony;

(g) Veteran's Educational Assistance intended for family members;

(h) Trust payments, withdrawals, and/or dividends received on a regular basis;

(i) Tribal fund gratuities unless excluded by law.

(j) Money from sales contracts and mortgages;

(k) Personal injury settlements;

(l) Financial payments made by the Department of Workforce Services;

(m) Income from Rental Property. If the client also manages the property, the income is earned;

(n) Temporary Assistance to Needy Families (TANF);

(o) Emergency Work Program (EWP);

(p) Work allowances;

(q) Foster Care Payments;

(r) Severance pay paid out weekly;

(s) 401K payments;

(t) Retirement income;

(u) Payments received or drawn down from assets like a reverse mortgage or withdrawals from accounts;

(v) Gifts received, or payments made on a client's behalf on a regular basis.

R982-403-4. Earned Income.

(1) Earned income is income in cash or in kind received by an individual for which a service is performed.

(2) Sources of earned income include the following:

(a) Wages, including military base pay;

(b) Salaries;

(c) Commissions;

(d) Rent amount, when client works in return for rent;

(e) Monies from self-employment including baby-sitting;

(f) Tips;

(g) Sale of livestock and poultry;

(h) Work Study;

(i) Military payments to cover Basic Allowance for Quarters and Basic Allowance for Substance;

(j) Money the employee chooses to have withheld for benefit plans including Flex Plans and Cafeteria Plans;

(k) Income from rental property if client also manages the property.

R982-403-5. Income Exclusions.

The income listed below is not counted when determining eligibility:

(1) Earned income of an unemancipated household member;

(2) Cash over which the household has no direct control;

(3) Reimbursements for expenses directly related to employment, training, schooling, and volunteer activities;

(4) Reimbursements for incurred medical expenses;

(5) Bona fide loans. A bone fide loan is a loan which has been contracted in good faith without fraud or deceit and genuinely endorsed in writing for repayment;

(6) Compensation paid to individual volunteers under the Retired Senior Volunteers Program, Green Thumb and the Foster Grandparent Program;

(7) Incentive and training expenses paid by the HEAT Self Sufficiency program.

(8) Earned Income Tax Credit;

(9) Financial payments from Workforce Innovation and Opportunity Act;

(10) Value of SNAP;

(11) Educational loans, grants, scholarships or college work study with the exception of Veterans Educational Assistance intended for the family members of the student. The student's portion is exempt;

(12) Interest or dividend income;

(13) Compensation or reimbursement paid to Volunteers In Service To America, Senior Health Aides, Senior Core of Retired Executives, Senior Companions and ACE;

(14) Church cash assistance and voluntary cash contributions by others unless received on a regular basis;

(15) Rental subsidies and relocation assistance;

(15) Utility subsidies;

(16) The full military pay for an active duty soildier not in the home. However, any amount taken out of his or her military pay and sent home for the family's support is counted; and

(17) Any funds, payments, or tribal benefits required by Public Law 98-64, Public Law 93-134(7), Public Law 92-254, Public Law 94-540, Public Law 94-114 and Public Law 96-240(9); Public Law 92-203, Public Law 101-201 or Public Law 101-239(10405), Public Law 100-383, Public Law 101-426, or by Public Law 100-707.

R982-403-6. Income Disregard.

(1) 20% of earned income, including self-employment earned income, will be disregarded. "Disregard" means a portion of income that is not counted.

(2) For self-employed households the cost of doing business will be deducted. The 20% disregard will be applied to the remainder.

R982-403-7. Income Deductions.

(1) A deduction for payments on uncompensated medical bills will be allowed when those payments are actually made by a member of the household during the same time period as the income being counted.

(a) The client must verify the payment was made directly to a medical provider by a member of the household, for a member of the household in the month prior to the month of application and that they will not be reimbursed by a third party.

(b) Health and accident insurance payments, dental insurance payments, and Medical Assistance Only (MAO) payments are considered medical expenses.

(2) A deduction for child support and alimony payments will be allowed when those payments were actually made by a member of the household during the same time period as the income being counted.

(a) The client must verify the payment was actually made directly to the custodial adult or through the court.

(b) Payments in lieu of child support and alimony, including car payments or mortgage payments, are deductible.

R982-403-8. Self-Employment Income.

(1) A self-employed person is someone who earns income directly from his or her own business, trade, or profession.

(2) Self-employment income will be determined by using the previous year's tax return or as follows:

(a) All gross self-employment income is counted, including capital gains. The proceeds from the sale of capital goods or equipment will be calculated in the same way as a capital gain for Federal income tax purposes. Even if only part of the proceeds from the sale of capital goods or equipment is taxed, the full amount of the capital gain will be counted as income for HEAT program purposes.

(b) The cost of doing business will be deducted.

(i) Allowable business costs include:

(A) labor;

(B) stock;

(C) raw materials;

(D) seed and fertilizer;

(E) interest paid toward the purchase of income producing property;

(F) insurance premiums;

(G) taxes paid on income producing property;

(H) Transportation costs will be allowed only if the person must move from place to place in the course of business.

(ii) The following items will not be allowed as business expenses:

(A) payments on the principal of the purchase price of income producing real estate and capital assets, equipment, machinery and other durable goods;

(B) net losses from previous periods;

(C) federal, state and local income taxes, money set aside for retirement purposes, and other work related personal expenses;

(D) depreciation.

R982-403-9. HEAT Financial Eligibility and Payment Determination.

All countable income received in the previous calendar month for the current applicant household will be used to determine eligibility. Terminated income received in the previous calendar month or the month of application is exempt if no new source of income is identified. Failure to provide verification of income will result in the HEAT application being denied.

Verification of countable income includes preceding or current month's SSI or SSA checks, divorce decrees, award letters, or current check stubs if the income is stable and the amount is the same as the actual income received in the previous calendar month.

KEY

energy assistance, self-employment income, income eligibility, payment determination

Date of Enactment or Last Substantive Amendment

October 1, 2014

Notice of Continuation

June 28, 2017

Authorizing, Implemented, or Interpreted Law

35A-8-1403


Additional Information

Contact

For questions regarding the content or application of rules under Title R982, please contact the promulgating agency (Workforce Services, Administration). A list of agencies with links to their homepages is available at http://www.utah.gov/government/agencylist.html or from http://www.rules.utah.gov/contact/agencycontacts.htm.