Rule-Making Standards and Procedures s16

Title of Proposed Rule: Food Assistance Federal Fiscal Year 2015 Standard Utility Allowance Update and Cost of Living Adjustments

Rule-making#: 14-8-12-1 Office/Division or Program: Rule Author: Karen Dyke Phone: 303-866-4328 Office of Economic Security/ E-Mail: [email protected] Division of Food and Energy Assistance

STATEMENT OF BASIS AND PURPOSE

Summary of the basis and purpose for the rule or rule change. (State what the rule says or does, explain why the rule or rule change is necessary and what the program hopes to accomplish through this rule.)

The proposed rule change is necessary to be in compliance with federal regulations and serves two purposes:

A. The first purpose is to revise five (5) Food Assistance Program rules (10 CCR 2506-1) to outline the Federal Fiscal Year (FFY) 2015 income eligibility standards and deductions that are adjusted annually to be effective each October 1st. The adjustments are based on a cost of living adjustment (COLA) as determined by the United States Department of Agriculture, Food and Nutrition Service (USDA, FNS). Colorado received the FFY15 COLA adjustments on August 4, 2015. The following eligibility standards and deductions will be updated:

● Gross income standard for one hundred thirty percent (130%), one hundred sixty five percent (165%), and two hundred percent (200%) of the Federal Poverty Level (FPL) ● Net income standard for 100% of the FPL ● Standard deduction ● Maximum shelter deduction ● Maximum and minimum benefit allotments

The Food Assistance Program proposes revising the following five (5) rules:

1. Revise Section 4.207.3, “Benefit Allotment,” to outline the FFY15 maximum and minimum benefit allotments [and to remove prior year’s standards]. 2. Revise Section 4.401.1,C, “Gross Income Eligibility Determination,” to incorporate the FFY15 gross monthly income eligibility standard for 130%, 165%, and 200% of the Federal Poverty Level (FPL) [and to remove prior year’s standards]. 3. Revise Section 4.401.2, D, “Net Income Eligibility Determination,” to incorporate the FFY15 net monthly income eligibility standard for 100% of the FPL [and to remove prior year’s standards]. 4. Revise Section 4.407.1, “Standard Deduction,” to incorporate the FFY15 standard deduction [and to remove prior year’s standards]. 5. Revise Section 4.407.3, B, “Excess Shelter Deduction,” to incorporate the FFY15 shelter deduction cap [and to remove prior year’s standards].

Initial Review 09/05/2014 Final Adoption 10/03/2014 Proposed Effective Date 10/01/2014 (emergency) EMERGENCY Adoption 09/05/2014 12/01/14 (final/permanent)

DOCUMENT 3 ______[Note: “Strikethrough” indicates deletion from existing rules, “all caps” indicates addition of new rules, and brackets denote changes since initial review.] 1 Title of Proposed Rule: Food Assistance Federal Fiscal Year 2015 Standard Utility Allowance Update and Cost of Living Adjustments

STATEMENT OF BASIS AND PURPOSE (continued)

B. The second purpose is to revise Section 4.407.31, A-D, “Four-Tiered Mandatory Standard Utility Allowance,” to incorporate the FFY 2015 standard utility allowances (SUA). Federal regulation 7 CFR 273.9(d)(6)(iii)(B) requires states to annually review its standard utility allowance and to make adjustments based on changes in the current cost of living.

The Colorado Food Assistance Program utilizes a four-tiered mandatory Standard Utility Allowance when determining a household’s shelter deduction and food assistance allotment. Households with income and who are responsible for paying utility costs are eligible to receive a utility deduction based on one of the four tiers.

Colorado received federal approval to continue to utilize the Consumer Price Index for all Urban Consumers (CPI-U) to determine the FFY 2015 SUA amounts, which resulted in a 1.88% increase to each of the four tiers when using CPI-U data from May 2013 through June 2014.

The [______] FFY15 SUA amounts are as follows:

SUA Tier Rule [__] FFY15 Heating and Cooling Utility Allowance (HCUA) Section 4.407.31, A, 4 [__] $462 Basic Utility Allowance (BUA) Section 4.407.31, B, 3 [__] $291 One Utility Allowance (OUA) Section 4.407.31, C, 3 [__] $55 Telephone Allowance Section 4.407.31, D, 2 [__] $74

An emergency rule-making (which waives the initial Administrative Procedure Act noticing requirements) is necessary:

X to comply with state/federal law and/or to preserve public health, safety and welfare

Explain: An emergency rule-making is necessary in order to maintain compliance with federal regulations regarding the FFY 2015 SUA and COLA increases. These changes must be promulgated into rule by the mandatory implementation date of October 1, 2014. Authority for Rule: State Board Authority: 26-1-107, C.R.S. (2012) - State Board to promulgate rules; 26-1-109, C.R.S. (2013) - state department rules to coordinate with federal programs; 26-1-111, C.R.S. (2013) - state department to promulgate rules for public assistance and welfare activities.

Program Authority: (give federal and/or state citations and a summary of the language authorizing the rule-making) 26-2-301, C.R.S. (2013) - designates the Colorado Department of Human Services as the responsible agency to administer the Food Assistance Program in the state of Colorado; 26-2-302, C.R.S. (2013) - prohibits any interference that would prevent the Colorado Department of Human Services from complying with federal mandates prescribed under the federal “Food Stamp Act” as amended.

2 Title of Proposed Rule: Food Assistance Federal Fiscal Year 2015 Standard Utility Allowance Update and Cost of Living Adjustments

STATEMENT OF BASIS AND PURPOSE (continued)

Agricultural Act of 2014 (2014 Farm Bill) - federal program authority ; 7 CFR 273.9(a) - federal regulations pertaining to income eligibility thresholds for the program ; 7 CFR 273.9(d)(1)(i) - federal regulations pertaining to the standard deduction; 7 CFR (d)(6)(ii) - federal regulations pertaining to the maximum shelter deduction; 7 CFR (d)(6)(iii) - federal regulations pertaining to the maximum standard utility allowances; 7 CFR 273.10(e)(4)(i) - federal regulations pertaining to the maximum Food Assistance allotment levels.; 7 CFR 273.10(e)(2)(ii)(C) - federal regulations pertaining to the minimum Food Assistance allotment levels for eligible one and two person households; 7 CFR 273.12(e) - federal regulations pertaining to mass changes.

Does the rule incorporate material by reference? Yes X No Does this rule repeat language found in statute? If yes, please explain. Yes X No

The program has sent this proposed rule-making package to which stakeholders? Office of Economic Security Sub-PAC; Food Assistance Performance Improvement Plan monthly meeting which consists of representatives from the ten largest counties

Attachments: Regulatory Analysis Overview of Proposed Rule Stakeholder Comment Summary

Rule-making#: 14-8-12-1 Office/Division or Program: Rule Author: Karen Dyke Phone: 303-866-4328 Office of Economic Security/ Division of Food and Energy Assistance

REGULATORY ANALYSIS (complete each question; answers may take more than the space provided)

1. List of groups impacted by this rule: Which groups of persons will benefit, bear the burdens or be adversely impacted by this rule?

Food Assistance Program participants and applicants will be affected by this rule change.

2. Describe the qualitative and quantitative impact: How will this rule-making impact those groups listed above? How many people will be impacted? What are the short-term and long-term consequences of this rule?

Applicants and participants in the Food Assistance Program will not be adversely affected by this rule change. Increases to the standard deduction, shelter expense deduction, four-tiered standard utility allowance, benefit allotment amounts, and income threshold guidelines have the potential to increase current benefit amounts for participants and increase program accessibility for future applicants. Food assistance benefits will not be decreased as a result of the FFY15 adjustments.

3. Fiscal Impact: For each of the categories listed below explain the distribution of dollars; please identify the costs, revenues, matches or any changes in the distribution of funds even if such change has a total zero effect for any entity that falls within the category. If this rule-making requires one of the categories listed below to devote resources without receiving additional funding, please explain why the rule-making is required and what consultation has occurred with those who will need to devote resources.

State Fiscal Impact (Identify all state agencies with a fiscal impact, including any Colorado Benefits Management System (CBMS) change request costs required to implement this rule change)

Costs associated with the Colorado Benefits Management System to incorporate these changes have already been allocated in the system maintenance budget.

County Fiscal Impact

There are no county fiscal impacts associated with this rule change.

Federal Fiscal Impact

There are no federal fiscal impacts associated with this rule change.

Other Fiscal Impact (such as providers, local governments, etc.)

There are no other fiscal impacts associated with this rule change.

REGULATORY ANALYSIS (continued)

4. Data Description: List and explain any data, such as studies, federal announcements, or questionnaires, which were relied upon when developing this rule?

Federal memorandums from the Food and Nutrition Service as well as data from the 2014 Consumer Price Index for all Urban Consumers were used in the development of this rule.

5. Alternatives to this Rule-making: Describe any alternatives that were seriously considered. Are there any less costly or less intrusive ways to accomplish the purpose(s) of this rule? Explain why the program chose this rule-making rather than taking no action or using another alternative.

No available alternatives exist to incorporate these program changes state-wide.

OVERVIEW OF PROPOSED RULE

Compare and/or contrast the content of the current regulation and the proposed change.

Section Numbers Current Regulation Proposed Change Stakeholder Comment 4.207.3, E The maximum monthly Add a column to each table __ Yes X No Food Assistance benefit representing the increases allotments and the for FFY 2015 [and remove minimum allotment for prior year’s standards] households are represented in table form 4.401.1, C The gross income limits for Add an additional table __ Yes X No households subject to representing the gross income thresholds for income limits assessed for 130%, 165%, and 200% of FFY 2015 [and remove the federal poverty level prior year’s standards] are represented in table form 4.401.2, D The net income limits Add an additional table __ Yes X No reflecting 100% of the representing the net federal poverty level are income limits assessed for represented in table form FFY 2015 [and remove as applicable to each prior year’s standards] household size 4.407.1 The standard deduction Add a row to the existing __ Yes X No that applies to all table to include values for households is represented FFY 2015 [and remove in table form prior year’s standards] 4.407.3 A table format outlines the Add a row to the existing __ Yes X No highest possible shelter table to incorporate FFY expense deduction for 2015 increases [and households whose monthly remove prior year’s shelter expenses exceed standards] 50% of the total countable income after income deductions are applied. This is referred to as the shelter deduction cap.

4.407.31, A, 4 The standard utility Add a row to the existing __ Yes X No allowance is based on a table to incorporate FFY four tiered model per utility 2015 increases [and type. For households remove prior year’s incurring heating and standards] cooling costs, the HCUA deduction is granted. 4.407.31, B, 3 For households incurring Add a row to the existing __ Yes X No more than one utility table to incorporate FFY expense which does not 2015 increases [and include heating and remove prior year’s cooling, the BUA deduction standards] is granted. 4.407.31, C, 3 For households incurring Add a row to the existing __ Yes X No just one non heating or table to incorporate FFY cooling or telephone 2015 increases [and expense, the OUA remove prior year’s deduction is granted. standards] 4.407.31, D, 2 For households incurring Add a row to the existing __ Yes X No only a telephone expense, table to incorporate FFY the telephone allowance is 2015 increases [and granted. remove prior year’s standards]

STAKEHOLDER COMMENT SUMMARY

DEVELOPMENT

The following individuals and/or entities were included in the development of these proposed rules (such as other Program Areas, Legislative Liaison, and Sub-PAC):

Additional program areas were not solicited for input in the development of these proposed rules as the cost of living adjustments are determined by USDA, FNS, and the SUA amounts are based on federal approval. Past guidance from the Office of Legislative Legal Services and the Food and Nutrition Service has supported the practice of incorporating SUA and COLA changes into state rule.

THIS RULE-MAKING PACKAGE

The following individuals and/or entities were contacted and informed that this rule-making was proposed for consideration by the State Board of Human Services:

Office of Economic Security Sub-PAC; Food Assistance Performance Improvement Plan monthly meeting which consists of representatives from the ten largest counties

Are other State Agencies (such as Colorado Department of Health Care Policy and Financing) impacted by these rules? If so, have they been contacted and provided input on the proposed rules?

Yes X No

Have these rules been reviewed by the appropriate Sub-PAC Committee?

Yes x No

Date presented _September ______. Were there any issues raised? ____ Yes ____ No

If not, why. These changes will be presented to the Sub-PAC committee in September.

Comments were received from stakeholders on the proposed rules:

Yes X No

If “yes” to any of the above questions, summarize and/or attach the feedback received by specifying the section and including the Department/Office/Division response. Provide proof of agreement or ongoing issues with a letter or public testimony by the stakeholder.

8 (10 CCR 2506-1)

4.207.3 Benefit Allotment

A. After eligibility has been established, the monthly Food Assistance benefit allotment will be determined. The state automated system will compute the household’s allotment. The following formula shall be used to determine a household’s benefit allotment.

1. Multiply the net monthly income by thirty percent (30%).

2. Round the product up to the next whole dollar if it ends in one (1) through ninety-nine (99) cents.

3. Subtract the result from the maximum benefit allowed for the appropriate household size, as shown in C, below.

B. Except for an initial month, if the allotment for a one- or two-person household is less than ten dollars ($10), round the allotment up to the minimum benefit allowed for one- or two-person household. If the calculation of benefits for an initial month is less than ten dollars ($10), then no benefits shall be issued to the household for the initial month.

C. The Food Assistance maximum and minimum monthly benefit allotment tables will be adjusted as announced by the United States Department of Agriculture (USDA, Food and Nutrition Service (FNS)).

HOUSEHOLD SIZE MAXIMUM MONTHLY MAXIMUM MONTHLY MAXIMUM ALLOTMENT ALLOTMENT MONTHLY EFFECTIVE APRIL 1, EFFECTIVE ALLOTMENT 2009 NOVEMBER 1, 2013 EFFECTIVE OCTOBER 1, 2014 1 $ 200 $ 189 $ 194 2 $ 367 $ 347 $ 357 3 $ 526 $ 497 $ 511 4 $ 668 $ 632 $ 649 5 $ 793 $ 750 $ 771 6 $ 952 $ 900 $ 925 7 $1,052 $ 995 $1,022 8 $1,202 $1,137 $1,169 EACH ADDITIONAL + $150 + $142 +$146 PERSON

HOUSEHOLD SIZE MINIMUM MONTHLY MINIMUM MONTHLY MINIMUM ALLOTMENT ALLOTMENT MONTHLY EFFECTIVE APRIL 1, EFFECTIVE ALLOTMENT 2009 NOVEMBER 1, 2013 EFFECTIVE OCTOBER 1, 2014 1-2 $16 $15 $16

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9 4.401.1 Gross Income Eligibility Determination

A household, except those eligible under basic categorical eligibility, that does not include a member who is elderly or a person with a disability, as defined in Section 4.304.41, may be eligible if its monthly nonexempt earned and unearned income does not exceed the gross income level. Except for households that are eligible under basic categorical eligibility, households without a person who is elderly and/or a person with a disability shall be ineligible for Food Assistance if its monthly income, after deducting any legally obligated child support payments and no other deductions, exceeds the gross income level. In such cases, there is no computation to consider deductions. Instead, a Notice of Action form is completed to deny the household.

A. The gross income level for households that do not include a member who is elderly and/or a person with a disability is one hundred thirty percent (130%) of the federal poverty level.

B. The gross income level for households eligible under expanded categorical eligibility that include a member who is elderly or a person with a disability is two hundred percent (200%) of the federal poverty level. If the household exceeds 200% of the federal poverty level, the household shall be reviewed under basic categorical eligibility rules and/or standard eligibility rules as outlined in Section 4.206. If the household is eligible under standard eligibility rules, the household shall only be subject to the net income level of one hundred percent (100%) of the federal poverty level.

C. Gross Income Levels

EFFECTIVE OCTOBER 1, 2014, THE GROSS INCOME LEVEL FOR ONE HUNDRED THIRTY PERCENT (130%), TWO HUNDRED PERCENT (200%), AND ONE HUNDRED SIXTY-FIVE PERCENT (165%) OF THE FEDERAL POVERTY LEVEL FOR THE CORRESPONDING HOUSEHOLD SIZE IS AS FOLLOWS:

HOUSEHOLD 130% GROSS 200% GROSS INCOME 165% GROSS INCOME SIZE INCOME LEVEL LEVEL LEVEL

1 $1,265 $1,946 $1,605

2 $1,705 $2,622 $2,163

3 $2,144 $3,300 $2,722

4 $2,584 $3,976 $3,280

5 $3,024 $4,652 $3,838

6 $3,464 $5,330 $4,396

7 $3,904 $6,006 $4,955

8 $4,344 $6,682 $5,513

EACH + $440 + $678 + $559 ADDITIONAL PERSON

10 Effective October 1, 2013, the gross income level for one hundred thirty percent (130%), two hundred percent (200%), and one hundred sixty-five percent (165%) of the federal poverty level for the corresponding household size is as follows:

Household 130% Gross Income 200% Gross Income 165% Gross Income Size Level Level Level

1 $1,245 $1,916 $1,580

2 $1,681 $2,586 $2,133

3 $2,116 $3,256 $2,686

4 $2,552 $3,926 $3,239

5 $2,987 $4,596 $3,791

6 $3,423 $5,266 $4,344

7 $3,858 $5,936 $4,897

8 $4,294 $6,606 $5,450

Each additional + $436 + $670 + $553 person

Effective October 1, 2012 through September 30, 2013, the gross income level for one hundred thirty percent (130%), two hundred percent (200%), and one hundred sixty-five percent (165%) of the federal poverty level for the corresponding household size is as follows:

Household 130% Gross Income 200% Gross Income 165% Gross Income Size Level Level Level

1 $1,211 $1,862 $1,536

2 $1,640 $2,522 $2,081

3 $2,069 $3,182 $2,625

4 $2,498 $3,842 $3,170

5 $2,927 $4,502 $3,714

6 $3,356 $5,162 $4,259

7 $3,785 $5,822 $4,803

8 $4,214 $6,482 $5,348

Each additional + $429 + $660 + $545 person

4.401.2 Net Income Eligibility Determination

11 A. All households, except those who are eligible under basic categorical eligibility, whose income does not exceed the gross income level as outlined in this section shall have their eligibility for benefits computed allowing the earned income, standard, dependent care, medical, and shelter deductions, as appropriate. The household shall be eligible only if its monthly gross income, less the allowable Food Assistance deductions, is below the maximum net eligibility level for their household size. A household that exceeds the net eligibility level must be denied, except for households eligible under basic categorical eligibility rules.

B. A household that is ineligible for either expanded or basic categorical eligibility shall be eligible for Food Assistance benefits if its monthly nonexempt earned and unearned income, less all applicable deductions, including the earned income, standard, medical, dependent care, and unlimited excess shelter deduction, does not exceed the maximum net income level.

C. If a household contains a member who is fifty-nine (59) years old on the date of application, but who will become sixty (60) years of age before the end of the month of application, the local office shall determine the household's eligibility as if the person is sixty (60) years of age.

D. Net Income Levels

EFFECTIVE OCTOBER 1, 2014, THE NET INCOME LEVEL OF ONE HUNDRED PERCENT (100%) OF THE FEDERAL POVERTY LEVEL FOR THE CORRESPONDING HOUSEHOLD SIZE IS AS FOLLOWS:

HOUSEHOLD SIZE 100% NET INCOME LEVEL

1 $973

2 $1,311

3 $1,650

4 $1,988

5 $2,326

6 $2,665

7 $3,003

8 $3,341

EACH ADDITIONAL + $339 MEMBER

Effective October 1, 2013 THROUGH SEPTEMBER 30, 2014, the net income level of one hundred percent (100%) of the federal poverty level for the corresponding household size is as follows:

Household Size 100% Net Income Level

1 $958

2 $1,293

12 3 $1,628

4 $1,963

5 $2,298

6 $2,633

7 $2,968

8 $3,303

Each additional member + $335

Effective October 1, 2012 through September 30, 2013, the net income level of one hundred percent (100%) of the federal poverty level for the corresponding household size is as follows:

Household Size 100% Net Income Level

1 $931

2 $1,261

3 $1,591

4 $1,921

5 $2,251

6 $2,581

7 $2,911

8 $3,241

Each additional member + $330

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4.407.1 Standard Deduction

A standard deduction of 8.31% of the federal poverty income guidelines for the household size will be used to calculate the amount that is allowed to all households. The established standard amount will be adjusted annually as announced by the Food and Nutrition Service, USDA. The calculation of 8.31% of the federal poverty income guidelines for eligible members will be used for all households up to the household size of six (6). All households with six (6) or more eligible members will use the six (6) person standard deduction.

STANDARD DEDUCTION AMOUNT

Household Size 1-3 4 5 6+

Effective October 1, 2012 $149 $160 $187 $214 13 Effective October 1, 2013 $152 $163 $191 $219

EFFECTIVE OCTOBER 1, $155 $165 $193 $221 2014

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4.407.3 Excess Shelter Deduction

A. Households shall receive a deduction for the allowable monthly shelter costs that are in excess of fifty percent (50%) of the household's income after all other deductions. Shelter expenses are allowed as billed to a household member or as paid or billed to a disqualified individual. Shelter costs that are paid by or billed to a person disqualified for fraud shall be allowed as a deduction for eligible members in their entirety. Shelter costs, paid or billed to a person disqualified for being an ineligible non-citizen or for failure to provide a Social Security Number shall be divided evenly among all household members and the disqualified individual. All except the disqualified person's pro rata share is counted as a shelter cost of the household.

B. A shelter deduction cap, as specified below, applies to households that do not contain person who is elderly and/or a person with a disability as defined in Section 4.304.41. Those households containing a person who is elderly and/or a person with a disability shall receive an excess shelter deduction for the monthly cost of shelter that exceeds fifty percent (50%) of the household's monthly income after all other applicable deductions.

SHELTER DEDUCTION CAP

Effective October 1, 2012 $469

EFFECTIVE OCTOBER 1, 2014 $490

C. Homeless households shall be entitled to use a standard estimate of shelter expenses for households in which all members are homeless and are not receiving free shelter throughout the calendar month. The Food and Nutrition Service, USDA, has provided a current estimate of one hundred forty-three dollars ($143) and shall update this figure annually when the shelter cap for other households is adjusted.

All homeless households that incur or reasonably expect to incur shelter costs during a month shall be eligible for the estimate unless higher shelter costs are verified, at which point the household may use actual shelter costs rather than the estimate. If a homeless household has difficulty in obtaining traditional types of verification of shelter costs, the eligibility technician shall use the prudent person principle in determining if verification obtained is adequate. Homeless households that incur no shelter costs during the month shall not be eligible for the standard estimate.

D. A household may claim both the costs of its actual residence and those for a home that is not occupied by the household because of employment or training away from home; or Illness; or abandonment caused by a natural disaster or casualty loss.

For costs of a home vacated by the household to be included in the household's shelter costs, the household must intend to return to the home; the current occupants of the home, if any, must not be claiming the shelter costs for Food Assistance purposes; and the home must not be leased or rented during the absence of the household. 14 E. Allowable shelter costs shall include only the following:

1. Continuing charges for the shelter, including rent, mortgages, condo, and association fees or other continuing charges leading to the ownership of the shelter such as loan repayments for the purchase of a mobile home, including interest on such payments.

a. If a homeowner has drawn money down in a reverse mortgage and now wants to make monthly payments to repay some of the amount drawn, the repayment shall be considered a charge leading to the ownership of a home, such as a loan repayment. To be deductible, the charge must be continuing. If the household expects to make monthly payments, the client’s charges are considered to be continuing, and the repayments shall be allowed as a shelter cost. If the repayment is not continuing, it does not meet the requirement and the payments shall not be allowed as a shelter deduction.

b. Payments on loans secured by a lien placed on the property by the lending institution, such as a second mortgage or home equity loan, shall be considered a continuing charge for shelter. Payments on unsecured loans or personal loans are not considered shelter costs.

c. Expenses incurred to keep a pet that are billed separately from the household’s rent are not allowable as shelter deductions.

2. Property taxes, state and local assessments, and insurance on the structure itself, but not separate costs for insuring furniture or personal belongings.

3. Charges to repair or rebuild a home substantially damaged or destroyed due to a natural disaster such as a fire or flood. Allowable expenses are those that have not been, and will not be, reimbursed by private or public relief agencies, insurance companies, or any other source.

4. Utility costs which include charges for heating and cooking fuel; water and sewer; well installation and maintenance; septic tank installation and maintenance; garbage and trash collection fees; and, fees charged by the utility provider for initial installation of the utility.

5. A telephone allowance for one telephone or the cost of telephone service that is associated with a specific device, which includes land-line service or cellular service, including disposable cell phones, and voice over internet protocol (VOIP). Households are not allowed to deduct the cost of pay phones and of phone cards that are not associated with a specific device. One-time deposits shall not be included as shelter costs. With regard to VOIP, only the cost of VOIP is deductible; other charges such as Internet connectivity fees and monthly cable/internet fees are not deductible.

4.407.31 Four-Tiered Mandatory Standard Utility Allowance

Effective October 1, 2008, a four tiered mandatory standard utility allowance deduction was implemented in determining a household’s excess shelter deduction. Households cannot claim actual utility expenses and are only entitled to one of the four utility allowances. The four utility allowances shall be reviewed annually and adjusted each year, based on Federal approval, to reflect Colorado's cost of utilities. No utility expenses can be allowed as an income exclusion for self-employed households when a mandatory utility allowance is given to the household.

When determining expedited eligibility, the appropriate utility allowance shall be applied when establishing the household’s shelter costs.

The four (4) tiers are as follows:

A. Heating and Cooling Utility Allowance (HCUA)

15 1. “Cooling costs” are defined as utility expenses relating to the operation of air conditioning systems, room air conditioners, swamp coolers, or evaporative coolers. Fans are not an allowable cooling cost. A heating and cooling utility allowance (HCUA) is available only to households who:

a. Incur or anticipate a heating or cooling expense separate and apart from their rent or mortgage;

b. Received a Low-Income Energy Assistance Program (LEAP) payment within the previous twelve (12) month period, regardless of whether or not the individual is still residing at the address for which he/she received the LEAP payment;

c. Live in private rental housing and are billed by their landlords on the basis of individual usage or are charged a flat rate separately from their rent for heating and cooling;

d. Share a residence and who incur at least a portion of the heating or cooling cost; each household will be entitled to the full HCUA; or,

e. Live in public housing and are responsible for excess heating and/or cooling costs.

2. A Food Assistance household, which incurs or anticipates a heating or cooling expense on an irregular basis, may continue to receive the HCUA between billing periods.

3. Operation of a space heater, electric blanket, heat lamp, cooking stove and the like when used as a supplemental heating source are allowable costs when determining eligibility for the basic utility allowance (BUA), but do not qualify a household for the HCUA.

4. The HCUA standard is as follows:

B. Basic Utility Allowance (BUA)

1. The Basic Utility Allowance (BUA) is mandated for any households that are not entitled to the HCUA and that incur at least two (2) non-heating or non-cooling utility costs, such as electricity, water, sewer, trash, cooking fuel, or telephone.

2. If more than one assistance group shares in paying non-heating or non-cooling utility costs of the dwelling, the full BUA will be allowed for each assistance group sharing in the utility costs.

3. The BUA standard is as follows:

C. One Utility Allowance (OUA) 16 1. The OUA is mandated for any household that is not entitled to the HCUA or BUA but is responsible for only one (1) non-heating or one (1) non-cooling utility expense. The OUA is not allowed if the household’s only utility expense is a telephone.

2. If more than one (1) assistance group shares in paying one (1) non-heating or one non-cooling utility costs of the dwelling, the full OUA will be allowed for each assistance group sharing in the utility costs.

3. The OUA standard is as follows:

D. Telephone Allowance

1. The telephone allowance is available to households whose only utility expense is for a telephone. If more than one assistance group shares in paying the telephone expense and that is the only utility expense of the dwelling, the full phone standard will be allowed for each assistance group sharing in the telephone expense.

2. The telephone allowance is as follows:

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