Chapter 21. Maryland Energy Assistance Program
Regulation .01 Purpose.LinkCopy Citation
The purpose of the Maryland Energy Assistance Program (MEAP) is to provide assistance to low-income Maryland residents in meeting their immediate home energy needs under the Low-Income Home Energy Assistance Act to the extent that funds are available.
Regulation .02 Definitions.LinkCopy Citation
A.
The following terms have the meanings indicated.
B.
Terms Defined.
(1)
“Administration” means the Family Investment Administration of the Department of Human Services.
(2)
“Applicant” means the head of household and spouse or cohabitant of the head of household, or representative of a shelter.
(3)
“Benefit” means the amount of assistance or related service that is provided on behalf of an eligible household.
(4)
“Boarder” means an individual to whom a household furnishes lodging and meals for compensation. A relative may be given boarder status if aged 60 years old or older, or disabled.
(5)
“Crisis assistance” means a benefit provided an eligible household during an energy-related emergency and required to be delivered within 18 or 48 hours in accordance with Regulation .10F or G of this chapter.
(6)
“Current program year” means the State fiscal year from July 1 through June 30.
(7)
“Department” means the Maryland Department of Human Services.
(8)
“Disabled” means an individual who has a physical or mental impairment that interferes with one or more of life's major activities, such as walking, seeing, hearing, speaking, working, or learning.
(9)
“Domiciliary care facility” means an institution which admits aged or disabled persons, maintains the necessary facilities, and provides a protective institutional or home type environment to persons who are of advanced age or have a physical or mental disability.
(10)
“Duration of benefit” means the length of a State fiscal year during which a household expends an energy benefit or has it returned to the Maryland Energy Assistance Program.
(11)
“Elderly” means a person 60 years old or older.
(12)
“Energy crisis” means weather-related or supply-shortage emergencies, or other household energy-related emergencies.
(13)
“Energy supplier” means a vendor of home energy. An energy supplier may be a company or sole proprietorship supplying electricity, natural gas, propane, kerosene, coal, or wood for residential use.
(14)
“Head of household” means a person who is designated by the household as the head or representative of the household.
(15)
“Homeless person” means a resident of Maryland without shelter and lacking resources to provide shelter.
(16)
“Household” means an individual or group of individuals who are living together as one unit and for whom residential energy is customarily purchased in common or who make undesignated payments for energy in the form of rent.
(17)
“Landlord” means the owner of the property who leases or rents the property to the household.
(18)
“Local agency” means the local administering agency that the Department has designated to administer a component or components of the Program.
(19)
“Public housing” means a dwelling complex owned and operated by a local government and whose:
(a)
Residents are determined eligible based on income; and
(b)
Rental fees are subsidized by local or federal funding.
(20)
“Qualified alien” means an individual who is not a citizen of the United States who:
(a)
Is lawfully admitted for permanent residence under the Immigration and Nationality Act (INA);
(b)
Is admitted to the United States as a refugee under §207 of the Immigration and Nationality Act;
(c)
Is granted asylum under §208 of the Immigration and Nationality Act;
(d)
Has had deportation or removal withheld under §234(h) or 241(b)(3) of the Immigration and Nationality Act;
(e)
Has been granted status as a Cuban or Haitian entrant as defined in §501(e) of the Refugee Education Assistance Act of 1980;
(f)
Is paroled into the United States under §212(d)(5) of the Immigration and Nationality Act for a period of at least 1 year;
(g)
Is granted conditional entry pursuant to §203(a)(7) of the Immigration and Nationality Act as in effect before April 1, 1980; or
(h)
Is a battered spouse, battered child, or parent or child of a battered individual.
(21)
“Renter” means an individual who leases a residential dwelling from a landlord.
(22)
“Roomer” means an individual to whom a household furnishes lodging but not meals for compensation. A relative may be given roomer status if 60 years old or older, or disabled.
(23)
Shelter.
(a)
“Shelter” means a public or private nonprofit residential facility whose function is to provide temporary or intermediate accommodations to battered spouses and homeless persons.
(b)
“Shelter” does not include residential treatment programs, for example, those funded by the Departments of Juvenile Services, Aging, Human Services, and Department of Health.
(24)
Subsidized Housing.
(a)
“Subsidized Housing” means a privately owned dwelling complex where eligibility for residency is based on income and the rental fees are subsidized by federal or local funding.
(b)
“Subsidized Housing” does not include a dwelling funded under the Department of Housing and Urban Development's Below Market Interest Rate Program or under the Rental Assistance Program.
(25)
“Verification” means proof of accuracy of statements made by the applicant or recipient.
Regulation .03 Eligibility for Assistance.LinkCopy Citation
A.
A household is eligible for assistance if the:
(1)
Household resides in Maryland;
(2)
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;
(3)
Applicant completes an application as described in Regulation .05 of this chapter; and
(4)
Members of the household are U.S. citizens or fit the definition of qualified alien.
B.
Homeless or Battered Spouse Shelter.
(1)
A shelter is eligible for assistance if the:
(a)
Shelter is in Maryland; and
(b)
Shelter incurs energy expenses during the State fiscal year.
(2)
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.
C.
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.
Regulation .04 Income Requirements.LinkCopy Citation
A.
The applicant's total household income is determined by using countable income, as described in §D of this regulation, received by household members during the 30-day period before the date of application.
B.
The Administration shall determine the maximum allowable income for households as indicated in Regulation .07 of this chapter.
C.
Treatment of Income of Household Members Not Meeting the U.S. Citizenship or Qualified Alien Requirements.
(1)
Any member of the applicant's household, including the applicant, who does not meet the U.S. citizenship or qualified alien requirements as provided in Regulation .02B(19) of this chapter, shall have the member's income included on the application, but may not be counted as a member of the applicant's household.
(2)
In determining the household's eligibility, the income attributed to the individual who is not a U.S. citizen or qualified alien shall be verified and included in the household's total income.
D.
Countable Income. Income from the following sources is countable income:
(1)
Gross wages, tips, and commissions received from employment;
(2)
Self-employment and rental income, less operating expenses except for depreciation necessary to produce the income;
(3)
Social Security income less Medicare payment deduction;
(4)
Supplemental Security Income (SSI);
(5)
Dividends;
(6)
Interest received from savings or checking accounts;
(7)
Interest or dividends received from the redemption of bonds;
(8)
Estate or trust fund income;
(9)
Royalties;
(10)
Temporary cash assistance (TCA);
(11)
Temporary Disability Assistance Program (TDAP);
(12)
Pensions;
(13)
Disbursements from annuities, individual retirement accounts (IRAs), or other retirement accounts;
(14)
Child support payments;
(15)
Alimony or spousal support;
(16)
Workers' compensation benefits;
(17)
Unemployment insurance benefits;
(18)
Veteran's pension benefits;
(19)
Mine worker's benefits;
(20)
Armed forces dependent allowances;
(21)
Criminal Injuries Compensation Board payments;
(22)
Monetary gifts and loans, excluding the portion of a student loan used to cover tuition and required fees;
(23)
Stipends for educational or research fellowships for living expenses excluding that portion that covers tuition and required fees;
(24)
Employee strike funds if there is no employee contribution;
(25)
Third-party payments received by live-in home care providers for the care of adults who cannot care for themselves; and
(26)
Railroad retirement benefits less Medicare payment deduction.
E.
Income or resources from the following sources are not countable income:
(1)
Third-party payments over which the household has no discretion of the use of the funds;
(2)
In-kind contributions of a commodity or service such as gifts of food, building materials used for repairs, or labor;
(3)
Employment income of:
(a)
A child younger than 18 years old;
(b)
A full-time student;
(4)
Educational assistance funded under Title IV of the Higher Education Act or under the Bureau of Indian Affairs;
(5)
Educational assistance, such as grants, scholarships, fellowships, educational loans on which payment is deferred, work-study, and veteran's benefits, to pay for tuition, books, and other required materials, and required fees:
(a)
At a recognized institution of postsecondary education;
(b)
At a school for individuals with disabilities;
(c)
In a vocational education program in a vocational or technical school; or
(d)
In a program that provides for obtaining a secondary school diploma or an equivalent;
(6)
Payments under the Federal Action Program to participants in the Retired Senior Volunteer Program, Foster Grandparents, or Senior Companion Program;
(7)
Stipends to participants in State or federally funded job training programs;
(8)
Federal Department of Housing and Urban Development (HUD) direct payment subsidies provided to households;
(9)
Food stamp benefits;
(10)
Welfare avoidance grants (WAGs);
(11)
Public assistance vendor payments provided for emergency assistance or special assistance;
(12)
Foster care grants and foster child care payments;
(13)
Child support paid as required by court order pursuant to §F of this regulation;
(14)
Payments to employees on strike if the strike fund consists of employee contributions;
(15)
Reinvested interest and dividends from individual retirement accounts (IRAs) or other retirement accounts;
(16)
A nonrecurring lump sum payment including income tax refunds and lottery winnings;
(17)
Maryland Renters' Tax Credit Program payments;
(18)
Maryland Homeowners' Tax Credit Program credits;
(19)
Federal earned income tax credits or payments;
(20)
Medicare payments deducted from Social Security grants;
(21)
Subsidized adoption payments; and
(22)
Americorps of VISTA payments.
F.
Calculating Allowable Child Support Payments.
(1)
Verified child support payments may be deducted from the applicant's or another household member's gross income up to the amount specified by court order.
(2)
Child support payments made in excess of the specified amount on the court order may not be deducted from the applicant's or another household member's gross income.
Regulation .05 Application Process.LinkCopy Citation
A.
An applicant or the applicant's representative shall submit a MEAP application to the local agency:
(1)
In person; or
(2)
By the mail-in application process.
B.
A complete MEAP application includes:
(1)
The application form signed and dated by the applicant or the applicant's representative;
(2)
The names of all household members;
(3)
Verification of a Social Security number or documentary evidence that each member has applied for a number;
(4)
Verification of all income of all household members, except for the Social Security income of individuals who have received Social Security benefits for more than 2 years;
(5)
Verification of the applicant's identity;
(6)
Verification of immigrant status for those eligible household members applying for the benefit who are not U.S. citizens;
(7)
Verification of residence;
(8)
Proof of rental status, if renter; and
(9)
A statement signed by the applicant or the applicant's representative authorizing the local agency to verify, through any appropriate sources, statements made or documents presented by the applicant or the applicant's representative during the application process.
C.
Shelter Application.
(1)
A complete application for a shelter includes:
(a)
A shelter application form;
(b)
Verification and location of shelter;
(c)
The name and address of the energy supplier which services the shelter;
(d)
Proof of current year heating bills as designated by the Administration; and
(e)
A release from authorizing the Administration to verify shelter status through any appropriate sources.
(2)
Applications are accepted during the period set forth in Regulation .02B(6) of this chapter.
D.
A shelter administered by a designated local agency shall submit a shelter application to the Maryland Office of Home Energy Programs for processing.
Regulation .06 Local Agency Response to Application.LinkCopy Citation
A.
Receipt of Application. Upon receipt of the application, the local agency shall:
(1)
Record the date the application was received by the local agency;
(2)
Record the date of application as described in §B of this regulation; and
(3)
Assess the application for completeness.
B.
Date of Application. The date of application is:
(1)
For a walk-in application, the date the local agency receives the application; or
(2)
For an application received by mail, the date it was signed by the applicant or the applicant's representative if the local agency receives the application:
(a)
Within 10 working days of the date the applicant or the applicant's representative signs the application; or
(b)
For good cause shown, at a later reasonable date after 10 working days of the date the applicant or the applicant's representative signs the application.
C.
Incomplete Application. If the application is incomplete:
(1)
The local agency shall request the applicant or the applicant's representative to provide the missing information within 15 calendar days from the date of the notification; and
(2)
If the applicant or the applicant's representative does not provide the requested information within 15 calendar days from the date of the notification, the local agency shall deny the application as specified in §D(3) of this regulation.
D.
Decisions on an Application.
(1)
The local agency shall approve or deny the application within 45 calendar days of receipt of a completed application, except as allowed in §D(5) of this regulation.
(2)
Approved Application.
(a)
The local agency shall mail notification to the applicant or the applicant's representative of the approval within 10 working days after sending benefits to the applicant's energy supplier.
(b)
The written notice of the local agency's decision shall include:
(i)
The amount or description of benefits approved on behalf of the applicant's household;
(ii)
The duration of the benefits;
(iii)
The name of the energy supplier to which the benefits are paid; and
(iv)
An explanation of the applicant's right to appeal any part of the agency's decision and the method for requesting an administrative hearing of an appeal as set forth in Regulation .12 of this chapter.
(3)
Denied Application. The local agency shall deny the application for benefits if the:
(a)
Applicant's household countable income exceeds the income set forth in Regulation .03A(2) of this chapter;
(b)
Applicant or the applicant's representative has not provided information requested by the local agency as required in Regulation .06B of this chapter;
(c)
Applicant dies while the application is being processed;
(d)
Applicant establishes residency outside Maryland while the application is being processed;
(e)
Applicant does not meet the eligibility criteria as required in Regulation .03 of this chapter;
(f)
Applicant abandons the applicant's residence;
(g)
Applicant withdraws the application for MEAP assistance;
(h)
Information supplied at application was incorrect and the household was originally ineligible;
(i)
Applicant resides in public or subsidized housing where heat is included in the rent;
(j)
Household as constituted at time of application has received assistance through Maryland Energy Assistance Program during the current program year; or
(k)
Applicant resides in an assisted living facility.
(4)
Notice of Denial.
(a)
The local agency shall mail notification to the applicant of the decision to deny the application within 10 working days of the decision.
(b)
The written notice shall include:
(i)
The reason for the denial;
(ii)
The COMAR citation of the regulation supporting the decision to deny the application;
(iii)
An explanation of the applicant's right to appeal the decision and the method for requesting an administrative hearing set forth in Regulation .12 of this chapter; and
(iv)
The date by which the local agency shall receive the applicant's administrative hearing request.
(5)
Delaying MEAP Benefits. The local agency may delay the delivery of MEAP benefits if:
(a)
The applicant moves to another residence that cannot be serviced by the household's originally designated energy supplier;
(b)
The local agency has reason to believe the applicant or the applicant's representative provided incorrect information on the application; or
(c)
The applicant or the applicant's representative fails to notify the local agency of a new address and the local agency cannot contact the applicant.
(6)
The applicant or the applicant's representative shall notify the local agency of the applicant's new energy supplier if the applicant changes residence to an area serviced by another energy supplier.
E.
Unused benefits. The energy supplier shall return any unused benefit, for which the applicant may not be held liable, to the local agency or the Department of Human Services as specified by the Administration in its procedures.
F.
Termination of MEAP Benefits.
(1)
The local agency shall terminate an applicant's MEAP benefits and notify the energy supplier to return the applicant's unused benefits to the local agency if the applicant:
(a)
Move to a residence outside of the State;
(b)
Move to an area outside of the applicant's energy supplier's service area and fails to report the new address to the local agency;
(c)
Is no longer a customer of the energy supplier receiving the benefit;
(d)
Submits an application for an individual who has died;
(e)
Abandons the residence;
(f)
Informs the local agency that the benefit is not wanted;
(g)
Moves to an assisted living facility;
(h)
Is incarcerated; or
(i)
Supplies incorrect information at application and the applicant was originally ineligible.
(2)
If the local agency determines that termination of the benefit is required, the local agency shall notify the household in writing. The written notice shall include:
(a)
The reason for termination;
(b)
The COMAR citation supporting the decision; and
(c)
An explanation of the applicant's right to appeal and method for requesting an administrative hearing.
Regulation .07 Delivery of Benefit.LinkCopy Citation
A.
Delivery of benefit may be accomplished by a:
(1)
Benefit payment to the energy supplier on behalf of the applicant, as determined by the Administration in accordance with the provisions of the current contract in effect with the energy supplier.
(2)
Benefit payment to the landlord on behalf of the applicant when heating costs are included in the rent. The payment is to be credited to the applicant's rent.
(3)
Direct benefit payment to the applicant if:
(a)
The vendor or landlord refuses to accept payment; or
(b)
Other circumstances as determined by the local agency prevent the issuance of the benefit to a vendor; and
(4)
Direct benefit payment to the shelter.
B.
Amount of Benefit Payment.
(1)
The Administration shall determine annually the benefit payment levels and include the levels in each year's approved State plan.
(2)
The Administration may authorize a supplemental benefit increase, and shall determine the amount of any supplemental increase and provide notice of the amount by:
(a)
An approved State plan amendment for the current year;
(b)
A benefit letter to the household; and
(c)
A letter to the energy supplier.
(3)
The Administration shall determine annually the percentage of a shelter's total documented current heating bill that comprises the benefit payment to shelters, and provide written notice of the benefit amount to eligible shelters.
C.
The local agency shall send written notification to each energy supplier to return to MEAP the undelivered benefits of households that no longer have an active account with the energy supplier. The written notice shall request that the energy supplier return to MEAP balances remaining at the close of a customer's account, by the time specified in the supplier's current contract.
Regulation .08 Delay or Termination of Service.LinkCopy Citation
A.
The local agency may delay the delivery of service when the:
(1)
Household moves to another residence and cannot be serviced by the original energy supplier or landlord. In this case the:
(a)
Applicant shall notify the local agency of the new address and new energy supplier or landlord.
(b)
Original energy supplier or landlord shall return any unused benefit to the local agency. The applicant may not be held liable for the failure of the energy supplier or landlord to return the unused benefit.
(c)
Local agency shall arrange for continued delivery of the remaining benefit.
(2)
Household moves to another residence and can be serviced by the original energy supplier. The applicant shall notify the local agency of the new address and shall arrange for continued delivery of the benefit.
(3)
Local agency has reason to believe that incorrect information was supplied on the application.
B.
The local agency shall terminate the benefit and notify the energy supplier or landlord to return any unused portion of the benefit to the local agency when the:
(1)
Household moves and is no longer eligible;
(2)
Household moves and fails to report the new address;
(3)
Household consists of one person who has died;
(4)
Residence is abandoned;
(5)
Applicant informs the local agency that the benefit is not wanted;
(6)
Information supplied at application was incorrect and the household originally was ineligible.
C.
When the local agency determines that termination of the benefit is required, the local agency shall notify the household in writing. The written notice shall include:
(1)
The reason for termination;
(2)
The specific regulation supporting the decision; and
(3)
An explanation of the applicant's right to appeal and method for requesting a fair hearing. If the household files an appeal within 15 calendar days, the benefit is continued until the hearing decision has been made.
Regulation .09 Division of the Household.LinkCopy Citation
A.
If a household is divided, the energy supplier shall credit the undelivered benefit to the part of the household that remains at the original residence.
B.
The energy supplier shall return the undelivered benefit to MEAP for reallocation if the original residence is abandoned.
C.
New households formed as a result of division of the original household may apply for assistance.
D.
A household may receive only one benefit during the heating season except as provided for in Regulation .07B(2) of this chapter.
Regulation .10 Crisis Assistance.LinkCopy Citation
A.
A household may apply for crisis assistance from November through March.
B.
The applicant shall sign a declaration form attesting to the crisis situation.
C.
A household may apply for crisis assistance at the time of application for MEAP or after the date of application, but before notification that the benefit has been granted.
D.
The local agency shall determine income eligibility based on the documentation provided by the applicant at the time of application. The applicant shall declare the amount of income by signing an income declaration form, if the documentation provided is insufficient to complete the application.
E.
The local agency shall determine eligibility for crisis assistance and provide a benefit for crisis assistance to equal the amount needed to alleviate the crisis, up to the current year's approved crisis assistance payment level in accordance with each year's State plan and any corresponding amendment or amendments to the plan.
F.
The local agency shall arrange for delivery of the benefit within 18 hours of the time that the crisis is declared if the:
(1)
Household has no supply of fuel;
(2)
Household's utility service is disconnected; or
(3)
Household has a broken furnace or fuel burner.
G.
The local agency shall arrange for delivery of the benefit within 48 hours of the time that the crisis is declared if the household has:
(1)
Not more than a 3 to 4 day supply of fuel; or
(2)
A "true" disconnection notice for within 3 or 4 days.
H.
Crisis assistance benefits may take the form of:
(1)
Payment to an energy supplier;
(2)
Furnace repair; or
(3)
Temporary shelter.
I.
If the household is determined eligible based on the completed application, the local agency shall deduct the value of the crisis assistance from the benefit. The local agency shall authorize the energy supplier to deliver the remainder of the benefit.
J.
If the applicant is found to be ineligible after receiving crisis assistance, the local agency shall attempt to recover the benefit.
K.
The local agency shall deny a household crisis assistance if the household applies for crisis assistance after the benefit has been exhausted, but the local agency shall refer the household to other agencies for assistance.
Regulation .11 Recovery.LinkCopy Citation
A.
Applicants are liable for payments made in excess of the allowable benefit as determined by the Administration.
B.
The local agency shall require the energy supplier or landlord to return the amount of the overpayment from any unused benefit.
C.
If the amount of the unused benefit is not sufficient to cover the amount of overpayment, the local agency shall attempt to recover the overpayment from the applicant.
D.
If the applicant fails to comply with the request for repayment, the local agency shall refer the recovery of the overpayment to the Administration. The Administration shall refer the case to the Central Collections Unit of the Department of Budget and Management.
Regulation .12 Administrative Hearing Process.LinkCopy Citation
A.
The local agency shall have a grievance procedure and shall attempt to resolve a grievance at the local level.
B.
The local agency shall give written notification of the right to and the procedures for requesting and obtaining a fair hearing to each applicant or recipient whenever the local agency notifies the applicant or recipient of any action which might deny, delay, suspend, reduce, or terminate assistance.
C.
The appeal procedures are set forth in COMAR 07.01.04.03H.
Chapter annotations
Authority: Human Services Article, §§5-5A-07 and 5-608, Annotated Code of Maryland
(Agency Note: Federal Regulatory Reference—45 CFR 96, Subpart H.)
(Agency Note: Federal Regulatory Reference—45 CFR 96, Subpart H.)
History: Effective date: April 22, 1985 (12:8 Md. R. 801)
History: Regulations .02B, .03, .04B, .05F, .06, .12 amended effective July 28, 1986 (13:15 Md. R. 1733)
History: Regulation .02B amended effective April 6, 1987 (14:7 Md. R. 829)
History: Regulations .03E and .06B amended effective February 24, 1986 (13:4 Md. R. 395)
History: Regulation .03 amended effective April 6, 1987 (14:7 Md. R. 829)
History: Regulation .04B amended effective April 6, 1987 (14:7 Md. R. 829)
History: Regulation .12 amended effective May 4, 1987 (14:9 Md. R. 1079)
History: Annotation: COMAR 07.06.06 cited in Attorney General Opinion No. 86-013 (March 5, 1986)
History: Chapter revised effective April 15, 1991 (18:7 Md. R. 771)
History: Chapter revised effective May 24, 2004 (31:10 Md. R. 794)
History: Regulation .03A, C amended effective April 9, 2007 (34:7 Md. R. 697)
History: Regulation .04D amended effective April 9, 2007 (34:7 Md. R. 697)
History: Regulation .06D amended effective April 9, 2007 (34:7 Md. R. 697)
History: Regulation .07B, C amended effective April 9, 2007 (34:7 Md. R. 697)
History: Chapter recodified from COMAR 07.06.06 to COMAR 07.03.21, effective June, 2009
History: Regulation .12B, C amended effective May 22, 2017 (44:10 Md. R. 470)