E8-1574. Income Level for Individuals Eligible for Assistance

AGENCY:

Legal Services Corporation.

ACTION:

Final rule.

SUMMARY:

The Legal Services Corporation (“Corporation”) is required by law to establish maximum income levels for individuals eligible for legal assistance. This document updates the specified income levels to reflect the annual amendments to the Federal Poverty Guidelines as issued by the Department of Health and Human Services.

DATES:

Effective Date: This rule is effective as of January 30, 2008.

FOR FURTHER INFORMATION CONTACT:

Mattie Cohan, Senior Assistant General Counsel, Legal Services Corporation, 3333 K St., NW., Washington, DC 20007; [phone]; [e-mail].

SUPPLEMENTARY INFORMATION:

Section 1007(a)(2) of the Legal Services Corporation Act (“Act”), 42 U.S.C. 2996f(a)(2), requires the Corporation to establish maximum income levels for individuals eligible for legal assistance, and the Act provides that other specified factors shall be taken into account along with income.

Section 1611.3(c) of the Corporation's regulations establishes a maximum income level equivalent to one hundred and twenty-five percent (125%) of the Federal Poverty Guidelines. Since 1982, the Department of Health and Human Services has been responsible for updating and issuing the Federal Poverty Guidelines. The revised figures for 2008 set out below are equivalent to 125% of the current Federal Poverty Guidelines as published on January 23, 2008 (73 FR 3971).

In addition, LSC is publishing charts listing income levels that are 200% of the Federal Poverty Guidelines. These charts are for reference purposes only as an aid to grant recipients in assessing the financial eligibility of an applicant whose income is greater than 200% of the applicable Federal Poverty Guidelines amount, but less than 200% of the applicable Federal Poverty Guidelines amount (and who may be found to be financially eligible under duly adopted exceptions to the annual income ceiling in accordance with sections 1611.3, 1611.4 and 1611.5).

List of Subjects in 45 CFR Part 1611

• Grant programs—law
• Legal services

For reasons set forth above, 45 CFR part 1611 is amended as follows:

PART 1611—ELIGIBILITY

1. The authority citation for part 1611 continues to read as follows:

Authority: Secs. 1006(b)(1), 1007(a)(1) Legal Services Corporation Act of 1974, 42 U.S.C. 2996e(b)(1), 2996f(a)(1), 2996f(a)(2).

2. Appendix A of part 1611 is revised to read as follows:

Appendix A of Part 1611.—Legal Services Corporation 2008 Poverty Guidelines*

Size of household	48 contiguous states and the District of Columbia	Alaska	Hawaii
1	$13,000	$16,250	$14,950
2	17,500	21,875	20,125
3	22,000	27,500	25,300
4	26,500	33,125	30,475
5	31,000	38,750	35,650
6	35,500	44,375	40,825
7	40,000	50,000	46,000
8	44,500	55,625	51,175
For each additional member of the household in excess of 8, add	4,500	5,625	5,175
* The figures in this table represent 125% of the poverty guidelines by household size as determined by the Department of Health and Human Services.

Reference Chart.—200% of DHHS Federal Poverty Guidelines

Size of household	48 contiguous states and the District of Columbia	Alaska	Hawaii
1	$20,800	$26,000	$23,920
2	28,000	35,000	32,200
3	35,200	44,000	40,480
4	42,400	53,000	48,760
5	49,600	62,000	57,040
6	56,800	71,000	65,320
7	64,000	80,000	73,600
8	71,200	89,000	81,880
For each additional member of the household in excess of 8, add:	7,200	9,000	8,280

Victor M. Fortuno,

Vice President for Legal Affairs, General Counsel & Corporate Secretary.