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37.70.305    APPLICATION

(1) Except as provided in (4), a new application for low income energy assistance must be made for each new heating season and when a household changes residence during the heating season. An application is initiated by filing a signed written application on the form prescribed by the department at the office of the local contractor in the area where the applicant lives. If necessary, the contractor will provide assistance in completing the application form.

(2) The application form may be submitted by mail or by other means to the local contractor's office. The department or its contractor may, at their option, accept applications at locations other than the local contractor's office, such as a senior citizen center, as designated by the department or its contractor.

(3) An application for low income energy assistance generally must be filed during the heating season for which assistance is being sought, that is, between October 1 and April 30, except as provided in (4). If April 30 falls on a weekend or legal holiday, the contractor must accept applications on the next business day after the weekend or legal holiday. However, at the option of the department, applicants who use certain types of heating fuel which are sold at lower prices during the summer months or applicants for emergency services may be permitted to file their applications prior to October 1 of the heating season for which they are seeking assistance. In the case of applicants who use other types of fuel and who are not seeking emergency services, the local contractor may in its discretion accept applications prior to October 1, but the date of application will be deemed to be October 1.

(4) Residents of publicly subsidized housing who receive a minimum benefit as provided in ARM 37.70.601(2) because their energy costs are included as a portion of their rent and their rent is a fixed portion of their income are required to file an application only once every five years if they continue to live in the same subsidized housing unit. When such a resident is found to be eligible for LIEAP, the household will be approved to receive a minimum benefit for a five-year period as provided in ARM 37.70.601(2) without filing a new application in the four subsequent heating seasons. A new application may be filed in the following situations, however:

(a) A resident of publicly subsidized housing who moves into nonsubsidized housing during the five-year eligibility period may reapply for a prorated benefit for the current heating season based on the resident's new circumstances as provided in ARM 37.70.602. The resident will then be required to file a new application for each subsequent heating season as long as the resident lives in nonsubsidized housing, as provided in (1).

(b) A resident of publicly subsidized housing who moves to another publicly subsidized housing unit during the five-year eligibility period may file a new application for a minimum benefit for another five-year period which will run from the date of the new application, if the household's energy costs are included as a portion of its rent and its rent is a fixed portion of its income.

(5) No person or family will be excluded from participation in the low income energy assistance program or be discriminated against in regard to the amount of benefits or in any other regard on the basis of race, color, religion, sex, culture, age, creed, marital status, physical or mental disability, political beliefs, or national origin.

History: 53-2-201, MCA; IMP, 53-2-201, MCA; NEW, 1982 MAR p. 732, Eff. 4/16/82; AMD, 1982 MAR p. 1771, Eff. 10/1/82; AMD, 1985 MAR p. 1412, Eff. 9/27/85; AMD, 1993 MAR p. 2437, Eff. 10/15/93; TRANS, from SRS, 1998 MAR p. 2059; AMD, 2001 MAR p. 2037, Eff. 10/12/01; AMD, 2002 MAR p. 3635, Eff. 11/28/02; AMD, 2005 MAR p. 2078, Eff. 10/28/05; AMD, 2007 MAR p. 974, Eff. 7/6/07; AMD, 2011 MAR p. 108, Eff. 1/28/11.

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