(a) The Secretary of Human Services or designee shall by rule establish a table that specifies maximum percentages of applicant households' annual heating fuel costs, based on the proxy table established pursuant to subsection 2604(b) of this title that can be authorized for payment as annual home heating fuel assistance benefits for the following year. The maximum percentages contained within this table shall vary by household size and annual household income. In no instance shall the percentage exceed 90 percent.

(b) The maximum percentages of annual heating fuel costs table established in subsection (a) of this section shall provide proportionally higher benefit percentages to households with a gross income of 154 percent of the federal poverty guidelines or less and proportionally lower benefit percentages to households with a gross income of 155 to 185 percent of the federal poverty guideline.

(c) Annually, based on the number of eligible households that have applied or are projected to apply, and on the eligibility of households in the benefit categories established in this section, the Secretary of Human Services or designee shall, by procedure, set the payment rate that shall be used to determine the amount of annual Home Heating Fuel Assistance for each eligible household. In no event shall the payment rate be greater than 100 percent of the maximum percentage established by rule as required by subsection (a) of this section.

(d) In the case of a household for which the cost of heat is not supplied by the landlord, the household's annual Home Heating Fuel Assistance benefit is the household's annual heating fuel cost as defined in subsection 2604(b) of this title, multiplied by the maximum percentage for that household found in the table established by subsection (a) of this section, multiplied by the payment rate established in subsection (c) of this section.

(e) Households that make undesignated payments for energy for home heat in the form of rent and that are not participating in a public, subsidized, or Section 8 housing program shall be eligible for an annual Home Heating Fuel Assistance benefit in an amount equal to 30 percent of the benefit the household would have received if the household were purchasing energy for home heating fuel directly or in the amount of $50.00, whichever amount is greater.

(f) Households that make undesignated payments for energy for home heat in the form of rent and are participating in a public, subsidized, or Section 8 housing program shall be eligible for a nominal annual Home Heating Fuel Assistance benefit of $21.00.

(g) Residents of the dwelling unit who make reasonable compensation in the form of room rent and who are not members of the same household shall be eligible for an annual Home Heating Fuel Assistance benefit in the amount of $21.00.

(h) Households receiving benefits from 3SquaresVT whose head of household is not otherwise eligible for a fuel benefit under this section shall be eligible for a nominal annual Home Heating Fuel Assistance benefit of $21.00. (Added 1995, No. 158 (Adj. Sess.), § 1, eff. May 10, 1996; amended 1997, No. 2, § 69, eff. Feb. 12, 1997; 1999, No. 59, § 4, eff. June 1, 1999; 2007, No. 172 (Adj. Sess.), § 22; 2009, No. 1 (Sp. Sess.), § E.324.4; 2009, No. 88 (Adj. Sess.), § 4, eff. April 29, 2010; 2013, No. 50, § E.324.6; 2013, No. 89, § 19, eff. June 17, 2013; 2013, No. 179 (Adj. Sess.), § E.324.1; 2017, No. 85, § F.2, eff. June 28, 2017.)