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heating and cooling device are not considered income, consistent with Sec. 5(d)(11)(B) of the Act and 7 CFR 273.9(c)(11)(ii), regardless of whether the household includes an elderly or disabled member. C. Third Party Energy Assistance Programs Under State Law 1. Are LIHEAP and Housing and Urban Development (HUD) payments considered “third-party energy assistance payments provided under State law”? No, LIHEAP and HUD payments are energy assistance payments provided under Federal law and are not considered the same as the energy assistance payments referenced in Section 10103 of the OBBB, which are provided under State law. For treatment of payments under Federal law, such as LIHEAP and HUD payments, State agencies should follow existing procedures in Sec. 5(d)(11) of the Act and 7 CFR 273.9(c)(11). 2. Does OBBB change the treatment of one-time weatherization, emergency repair, or replacement payments made under State law? No, one-time payments for weatherization or emergency repair or replacement of an unsafe or inoperative furnace or other heating and cooling device are not considered income, consistent with Sec. 5(d)(11)(B) of the Act and 7 CFR 273.9(c)(11)(ii), regardless of whether the household includes an elderly or disabled member. Guidance documents lack the force and effect of law, unless expressly authorized by statute or incorporated into a contract. USDA may not cite, use, or rely on any guidance that is not available through their guidance portal, except to establish historical facts.

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heating and cooling device are not considered income, consistent with Sec. 5(d)(11)(B) of the Act and 7 CFR 273.9(c)(11)(ii), regardless of whether the household includes an elderly or disabled member. C. Third Party Energy Assistance Programs Under State Law 1. Are LIHEAP and Housing and Urban Development (HUD) payments considered “third-party energy assistance payments provided under State law”? No, LIHEAP and HUD payments are energy assistance payments provided under Federal law and are not considered the same as the energy assistance payments referenced in Section 10103 of the OBBB, which are provided under State law. For treatment of payments under Federal law, such as LIHEAP and HUD payments, State agencies should follow existing procedures in Sec. 5(d)(11) of the Act and 7 CFR 273.9(c)(11). 2. Does OBBB change the treatment of one-time weatherization, emergency repair, or replacement payments made under State law? No, one-time payments for weatherization or emergency repair or replacement of an unsafe or inoperative furnace or other heating and cooling device are not considered income, consistent with Sec. 5(d)(11)(B) of the Act and 7 CFR 273.9(c)(11)(ii), regardless of whether the household includes an elderly or disabled member. Guidance documents lack the force and effect of law, unless expressly authorized by statute or incorporated into a contract. USDA may not cite, use, or rely on any guidance that is not available through their guidance portal, except to establish historical facts.