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Low Income Home Energy Assistance Program Division 10 Service 415 Program 415 Chapters 05 - 65 North Dakota Department of Health and Human Services

Aliens Barred from LIHEAP Participation 415-20-10-50 (Revised 9/1/22 ML #3680) View Archives

Some aliens are barred from participation in the LIHEAP program.

Section 401 of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (PRWORS), commonly known as the welfare reform law, prohibits non-qualified aliens from receiving federal public benefits.

Qualified aliens, regardless of when they entered the United States, are eligible to receive LIHEAP benefits provided that all other program requirements are met.

When a non-qualified alien is a member of a LIHEAP household, their income (minus allowable expenses) WILL be counted when determining LIHEAP eligibility. However, the non-qualified alien will NOT be counted as a member of the household.

NOTE:Verification of the entry status for non-citizens may be accessed via the Systematic Alien Verification for Entitlements (SAVE).

A “qualified alien” is defined as an alien who, at the time an alien applies for, receives, or attempts to receive LIHEAP, is:

1. An alien who is lawfully admitted for permanent residence (LPR) under the Immigration and Nationality Act (INA), 2. A refugee who is admitted to the United States under section 207 of such Act, 3. An alien who is granted asylum under section 208 of such Act, 4. An alien who is paroled into the United States under section 212(d)(5) of such Act for a period of at least 1 year,