Md. Code Regs. 07.03.17.38

Current through Register Vol. 51, No. 22, November 1, 2024

Section 07.03.17.38 - Utility Expenses

A. Utilities are limited to the expenses described in Regulation .37A(5) of this chapter.

B. Utility Allowances.

(1) Utility costs included in the utility allowances are listed in Regulation .37A(5) of this chapter.

(2) Except as described in §§C and D of this regulation, an eligible household shall use one of two utility allowances as described in §B(3) and (4) of this regulation.

(3) Standard Utility Allowance (SUA). An SUA as described in Schedule G of Regulation .45 of this chapter shall be used by a household that:

(a) Is billed for heating or for the operation of an air conditioning system or room air conditioner separately from the rent or mortgage payment;

(b) Resides in public or private rental housing and:

(i) Is billed by the landlord for actual costs of heating or cooling as determined by individual metering;

(ii) Is charged a flat rate for heating or cooling costs separately from the rent;

(iii) Is charged for excess usage of heating or cooling costs separately from the rent; or

(iv) Can prove that it actually pays utility bills of the type described in §B(3)(a) and (b)(i)-(iii) of this regulation that are in someone else's name; or

(c) Receives direct or indirect assistance under the Low Income Home Energy Assistance Act of 1981.

(4) Limited Utility Allowance (LUA). An LUA as described in Schedule H of Regulation .45 of this chapter shall be used by a household that:

(a) Is billed for two or more utilities as described in Regulation .37A(5) of this chapter separately from the rent or mortgage, but not for heat or cooling as described in §B(3) of this regulation; or

(b) Resides in public or private rental housing and:

(i) Is billed by the landlord for actual usage of the utilities that do not include heat or cooling as determined by individual metering;

(ii) Is charged a flat rate or for excess usage of utilities that do not include heat or cooling separately from the rent;

(iii) Is charged for excess usage of utilities that do not include heat or cooling separately from the rent; or

(iv) Can prove that it actually pays utility bills of the type described in §B(4)(a) and (b)(i)-(iii) of this regulation that are in someone else's name.

(5) A household that lives with and shares utilities with other individuals or households is entitled to the SUA or LUA as described in §B(3) and (4) of this regulation.

(6) A household that shares utilities between ineligible and eligible household members is entitled to the SUA or LUA as described in §B(3) and (4) of this regulation.

(7) Except as described in §B(3)(c) of this regulation, if the cost of a principal heating or cooling source is included in the rent or mortgage payment, the household may be eligible only for the LUA regardless of whether the household uses and pays for supplemental heating equipment.

C. A household that incurs a separate telephone expense but is not entitled to claim a utility allowance shall use the mandatory telephone allowances in Schedule I in Regulation .45 of this chapter even if the actual expense is higher.

D. A household that incurs the cost of only one utility is eligible for the actual cost of the utility. The household shall verify the:

(1) Cost of utility that is separate from any payment for rent or mortgage, including monthly charges by landlords for actual utility usage as determined by individual metering; and

(2) Number of households that share the cost.

E. Energy Assistance.

(1) The local department shall calculate if a household that receives indirect or vendor energy assistance from nonfederal funds is eligible for the SUA by:

(a) Prorating the assistance over the season for which the payment is intended to cover, and determining if the household has incurred out-of-pocket heating expenses over the prorated amount in any month in the certification period;

(b) Computing the proration by dividing the assistance amount by 5, which is the number of months, November 1-March 31, in the heating season; and

(c) Determining if the household meets the out-of-pocket costs and the conditions of §E(1)(a) of this regulation.

(2) If a household receives energy assistance that is authorized by federal law and administered by the Department's Maryland Energy Assistance Program (MEAP), to determine the household's eligibility for the SUA, the local department:

(a) Need not prorate the MEAP assistance to determine out-of-pocket costs; and

(b) Shall deem the full amount of the MEAP payment as an out-of-pocket expense.

(3) A household shall report the receipt of all income, including indirect vendor payments, as the time of certification and recertification.

(4) An expense covered by an excluded vendor payment is not deductible except for an energy assistance vendor payment administered by MEAP.

Md. Code Regs. 07.03.17.38

Regulations .38 adopted effective December 25, 2000 (27:25 Md. R. 2280)
Regulation .38C amended as an emergency provision effective November 1, 2001 (28:24 Md. R. 2122); amended permanently effective March 18, 2002 (29:5 Md. R. 502)
Regulation .38B amended effective November 19, 2007 (34:23 Md. R. 2026)