Page:United States Statutes at Large Volume 110 Part 3.djvu/582

 110 STAT. 2312 PUBLIC LAW 104-193—AUG. 22, 1996 "(iii) for fiscal years 1999 and 2000, $275, $478, $393, $334, and $203 per month, respectively; and "(iv) for fiscal year 2001 and each subsequent fiscal year, $300, $521, $429, $364, and $221 per month, respectively. " (C) STANDARD UTILITY ALLOWANCE.— "(i) IN GENERAL.—In computing the excess shelter expense deduction, a State agency may use a standard utility allowance in accordance with regulations promulgated by the Secretary, except that a State agency may use an allowance that does not fluctuate within a yeaoc to reflect seasonal variations. " (ii) RESTRICTIONS ON HEATING AND COOLING EXPENSES.— An allowance for a heating or cooling expense may not be used in the case of a household that- 'll) does not incur a heating or cooling expense, as the case may be; "(II) does incur a heating or cooling expense but is located in a public housing unit that has central utility meters and charges households, with regard to the expense, only for excess utility costs; or "(III) shares the expense with, and lives with, another individual not participating in the food stamp program, another household participating in the food stamp program, or both, unless the allowance is prorated between the household and the other individual, household, or both, "(iii) MANDATORY ALLOWANCE. — "(I) IN GENERAL.—^A State agency may make the use of a standard utility allowance mandatory for all households with qualifying utility costs if— "(aa) the State agency has developed 1 or more standards that include the cost of heating and cooling and 1 or more standards that do not include the cost of heating and cooling; and "(bb) the Secretary finds that the standards will not result in an increased cost to the Secretary. "(II) HOUSEHOLD ELECTION. —A State agency that has not made the use of a standard utility allowance mandatory under subclause (I) shall £dlow a household to switch, at the end of a certification period, between the standard utility allowance and a deduction based on the actual utility costs of the household. " (iv) AVAILABILITY OF ALLOWANCE TO RECIPIENTS OF ENERGY ASSISTANCE. — " (I) IN GENERAL. —Subject to subclause (II), if a State agency elects to use a standard utility allowance that reflects heating or cooling costs, the stsuidard utility allowance shall be made available to households receiving a payment, or on behalf of which a payment is made, under the Low-Income Home Energy Assistance Act of 1981

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