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37.70.602    BENEFIT AWARDS: MISCELLANEOUS

(1) Households found eligible may apply all or a portion of their benefit award for conversion to a less costly heating fuel.

(2) Eligible households who convert to a less costly heating fuel must disclaim any right to additional program benefits for the current heating season regardless of change of address or any other circumstance except emergencies as defined in ARM 37.70.901.

(3) Except as provided in (5), when an eligible household changes residence during the heating season, the household must file a new application. The household's benefit award will then be recomputed based on its new circumstances, and the new benefit will be equal to the benefit award the household would have received had its original application been for the new circumstances prorated from the date of the change of residence. Any unused portion of the original benefit award reverts to the department. When an eligible household changes type of primary heating fuel during the heating season, the household is not required to file a new application but must have its benefit award recomputed based on the new type of fuel. The new benefit will be prorated from the date of the change of type of fuel. Any unused portion of the original benefit reverts to the department.

(4) Benefit award will be prorated for applicants new to the state or not previously responsible for heating costs from the date of residency or responsibility for the remainder of the heating season. Benefits will also be prorated for households or individuals who live in an area served by an Indian tribal LIEAP if the household or individual moves from the service area during the heating season and applies for benefits through the state of Montana's LIEAP. Such households or individuals are eligible for a prorated benefit for the remainder of the heating season from the date the household or individual moved from the service area served by the tribal LIEAP.

(5) If a resident of publicly subsidized housing who has received a minimum benefit as provided in ARM 37.70.601 changes residence during the five-year eligibility period, the following rules apply:

(a) If the resident moves into nonsubsidized housing, the resident may reapply for a prorated benefit for the current heating season based on the resident's new circumstances. The benefit will be computed by multiplying the applicable amount in the table of base benefit levels found in ARM 37.70.601 times the applicable matrix amount in the table of income/climatic adjustment multipliers in ARM 37.70.601 and then taking a pro rata portion of that result determined by dividing the number of days from the date of reapplication through the last day of the heating season by the total number of days in the heating season. 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.

(b) If the resident moves to another publicly subsidized housing unit during the five-year eligibility period, the resident may file a new application for a minimum benefit for another five-year period which will run from the date of the new application.

(6) When a household changes primary fuel vendors any remaining LIEAP attributable credit balance will be returned to the department by the original fuel vendor. The unused portion of the benefit award may be forwarded to the new fuel vendor or reimbursed to the household as outlined in ARM 37.70.607.

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, 1983 MAR p. 131, Eff. 2/11/83; AMD, 1983 MAR p. 1362, Eff. 9/30/83; AMD, 1984 MAR p. 1481, Eff. 10/12/84; AMD, 1985 MAR p. 1412, Eff. 9/27/85; AMD, 1986 MAR p. 1606, Eff. 9/26/86; AMD, 1993 MAR p. 2437, Eff. 10/15/93; TRANS, from SRS, 1998 MAR p. 2059; AMD, 2005 MAR p. 2078, Eff. 10/28/05; AMD, 2007 MAR p. 1948, Eff. 11/22/07; AMD, 2011 MAR p. 108, Eff. 1/28/11.

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