A household is eligible for assistance if the: Household resides in Maryland; Total household countable income as described in Regulation .04 of this chapter does not exceed the percent of the current poverty levels as published annually by the Department of Health for the Low Income Home Energy Assistance Program (LIHEAP) under 45 CFR Part 96 and established as the income eligibility limits in the current LIHEAP plan; Applicant completes an application as described in Regulation .05 of this chapter; and Members of the household are U.S. citizens or fit the definition of qualified alien. Homeless or Battered Spouse Shelter. A shelter is eligible for assistance if the: Shelter is in Maryland; and Shelter incurs energy expenses during the State fiscal year. A shelter is ineligible for energy assistance if the shelter has received assistance through the Maryland Energy Assistance Program during the current State fiscal year. Waiver. The Administration may establish a policy each year to waive §A(2) of this regulation. Notification of a waiver shall be provided as part of its annual plan. If a waiver is provided for in the given year, the application may be granted a waiver to §A(2) of this regulation based on substantial out-of-pocket medical expenses incurred within 3 months of the application date. A waiver request shall include documentation of the expenses.