(1) With the exception of residents of publicly subsidized housing described in (7), only households that are obligated to pay for fuel to heat their homes are eligible for low income energy assistance benefits.

(2) Except as provided elsewhere in this rule, households which consist solely of members who are eligible for and receiving supplemental nutritional assistance payments (SNAP), supplemental security income (SSI), TANF-funded cash assistance, or county or tribal general assistance are automatically financially eligible for low income energy assistance benefit awards.

(3) Households which consist of members receiving SNAP, SSI, TANF-funded cash assistance, or county or tribal general assistance, and other individuals whose income and resources were not considered in determining eligibility for SNAP, SSI, TANF-funded cash assistance, or general assistance are not automatically eligible for low income energy assistance but must meet the financial requirements set forth in this rule.

(4) Individuals living in shelters, including but not limited to, recipients of SNAP, SSI, TANF-funded cash assistance, or county or tribal general assistance, are not eligible for low income energy assistance. Individuals living in licensed group-living situations as defined in ARM 37.70.401 may be eligible if they meet all other requirements for eligibility. Individuals living in licensed group-living situations which are not group-living situations as defined in ARM 37.70.401 are not eligible for low income energy assistance.

(5) Households which contain a member who is enrolled at least half time in an institution of higher education and who was claimed for the previous tax year as a dependent for federal income tax purposes by a taxpayer who is not a member of a household which is eligible in the current heating season, or which would be eligible in the current heating season if the household applied, are ineligible for low income energy assistance.

(6) Households that are eligible for or that have received LIEAP benefits through an Indian tribal program funded by the U.S. Department of Health and Human Services may not receive LIEAP benefits from the department for the same heating season, unless the household changes residence during the heating season and the household is no longer eligible for tribal LIEAP benefits; in that case, the household may apply for a prorated LIEAP benefit based on the household's new circumstances as provided in ARM 37.70.602. Additionally, any individual who was a member of a household that received LIEAP benefits through an Indian tribal program funded by the U.S. Department of Health and Human Services may not receive LIEAP benefits from the department for the same heating season unless the individual leaves the household that received tribal LIEAP benefits during the heating season and is no longer eligible for tribal LIEAP benefits; in that case the individual may apply for a prorated LIEAP benefit from the department for the same heating season based on the circumstances of the individual's new household as provided in ARM 37.70.602.

(7) Residents of publicly subsidized housing whose energy costs are included as a portion of their rent and whose rent is a fixed portion of their income may be eligible to receive a minimum benefit and weatherization assistance as provided for in ARM Title 37, chapter 71. Residents of publicly subsidized housing who receive a minimum benefit and subsequently move into nonsubsidized housing during the five-year eligibility period may apply for a prorated benefit for the current heating season as provided in ARM 37.70.602. Residents of publicly subsidized housing who receive a minimum benefit and subsequently move into another subsidized housing unit during the five-year eligibility period may reapply for a minimum benefit for another five-year period from the date of reapplication within the current heating season.

(8) Current and future benefits will be denied any individuals and households who refuse to submit social security numbers or proof of U.S. citizenship or lawful entry into the United States with the intent of establishing permanent residence, or whose social security numbers, proof of residency, or citizenship cannot be verified.

(9) Current and future benefits may be denied any applicant or recipient who, having been prioritized for weatherization services as a high excess energy user, according to the criteria set forth in ARM 37.71.401 and 37.71.601, refuses, for reasons within his control, energy conservation services for the weatherization assistance program (WAP). The applicant or recipient may become eligible for benefits again by accepting the WAP energy conservation services.