NY Soc Serv L § 131-S (2021)
2021 New York Laws SOS - Social Services Article 5 - Assistance and Care Title 1 - General Provisions 131-S - Payments Made for Utility Service for Recipients of Public Assistance Benefits, Supplemental Security Income Benefits or Additional State Payments.

§  131-s.  Payments  made for utility service for recipients of public assistance benefits, supplemental security income benefits or additional state payments.  1.  In  the  case  of  a  person  applying  for  public assistance,  supplemental  security  income benefits or additional state payments pursuant to this chapter, the social services official  of  the social  services  district  in  which  such person resides shall, unless alternative payment or living arrangements can be made, make  a  payment to  a gas corporation, electric corporation or municipality for services provided to such person during a period of up  to,  but  not  exceeding, four  months  immediately  preceding  the  month of application for such assistance or benefits if such payment is needed to prevent shut-off  or to  restore  service.  Persons  whose gross household income exceeds the public assistance standard of need for the same size household must sign a repayment agreement to repay the assistance within two  years  of  the date  of  payment  as a condition of receiving assistance, in accordance with regulations established by the department. Such repayment agreement may be enforced in any manner available to a creditor,  in  addition  to any rights the district may have pursuant to this chapter.   2.  In  the case of a person receiving public assistance, supplemental security income benefits or additional state payments pursuant  to  this chapter, the social services official of the social services district in which  such  person  resides shall, unless alternative payment or living arrangements can be made, make a payment to a gas corporation,  electric corporation or municipality for services provided to such person for the most  recent  four  months  in  which  service was rendered prior to the application for a utility payment pursuant  to  this  section,  provided that  no  such payment shall be made for services rendered more than ten months prior to the application for such a payment, and provided further that:  (a) such person does not have any funds to pay for  such  service  and such  payment is needed to prevent termination or to restore service and such person has fully applied his public assistance grant,  if  any,  to purposes intended to be included in such grant, or  (b)  such  person  in  receipt of public assistance has made a written request of such official for an advance allowance for  utility  services already  received pursuant to department regulations and has also made a written request that his  monthly  assistance  grant  be  reduced  by  a portion  of the amount of the advanced allowance, in such amounts as not to cause undue hardship. Such payment shall be in addition to any direct payment or any guarantee of payment for utility service  for  the  month for  which timely payment may still be made. In no event may any part of such payment subject to recoupment be made unless  the  social  services official  first  determines  under the particular circumstances that the recipient is not entitled, at the time of requesting such payment, to  a grant pursuant to titles one, three, eight or ten of this article or any other  provision of this chapter which could be utilized to cover all or a portion to be advanced.  If  during  the  period  of  recoupment,  the recipient  becomes  entitled  to a grant, pursuant to titles one, three, eight or ten of this article or any other  provision  of  this  chapter, which  could  be  utilized to cover all or a portion of the amount to be recovered, such grant shall be so utilized.   3. If and for so long as a person who has received a grant pursuant to subdivision two of this section continues to receive  public  assistance benefits,  supplemental  security  income  benefits  or additional state payments, the social services official shall, to the  extent  authorized by  applicable  provisions  of  this chapter and regulations promulgated thereto, either:  (a)  make  payments  directly  to  the   gas   corporation,   electric corporation  or  municipality  for  utility  services  furnished to such person during a period in which such person has been  determined  unable to manage his own financial affairs; or  (b)  act  as  guarantor  of  payment for the month in which the social services official is advised of the nonpayment and for  such  period  of time  thereafter  as may be established by department regulations to the extent that such person fails  to  pay  for  utility  services  provided during  any such month. Such guarantee of payment provided by the social services official shall not extend for a period exceeding two years  for any  person  receiving  public  assistance, supplemental security income benefits or additional state payments.  (c) Payments made for recipients of public assistance pursuant to this subdivision  shall  be  deemed  to  be  advance  allowances  subject  to recoupment  in  accordance  with department regulations. In no event may any part of such payment subject to recoupment be made unless the social services official first determines under  the  particular  circumstances that  the  recipient  is  not  entitled,  at the time of requesting such payment, to a grant pursuant to titles one, three, eight or ten of  this article  or  any other provision of this chapter which could be utilized to cover all or a portion to  be  advanced.  If  during  the  period  of recoupment,  the  recipient  becomes  entitled  to  a grant, pursuant to titles one, three, eight or ten of this article or any  other  provision of  this  chapter,  which could be utilized to cover all or a portion of the amount to be recovered, such grant shall be so utilized.  (d) Whenever a public assistance recipient, for whom  a  guarantee  of payment  has  been  provided  pursuant  to  this  subdivision, ceases to receive public assistance, the social services official shall notify the gas corporation, electric corporation or municipality of  the  cessation date in writing within fifteen days of such occurrence. In the case of a recipient  of supplemental security income benefits, the social services official  shall  make  such  notification  within  fifteen  days   after receiving official notice that the recipient's benefits have ceased. The original  terms  and  conditions  of any guarantee made pursuant to this subdivision shall remain in full force and effect only until the end  of any month in which the required notice is given.   4.  The department shall establish by regulation the manner in which a person  receiving  public  assistance,  supplemental   security   income benefits  or  additional  state  payments pursuant to this chapter shall advise the appropriate social services official that payment for utility services furnished such person has not been made.   5. The social services official shall not make  payments  pursuant  to this  section  with  respect to any disputed amounts for utility service furnished for which a complaint has been filed with the gas corporation, electric corporation or  municipality  and  no  determination  has  been rendered by the gas corporation, electric corporation or municipality or for  which a complaint has been filed with the public service commission and no determination has been made except to  the  extent  payments  are required  by  the  commission  or  its  staff  pending resolution of the dispute by the commission. For purposes of applying  the  limitation  on payments  pursuant  to  subdivision  two  of this section in any case in which  such  a  complaint  has  been  filed  with  the  public   service commission,  the  date  of any application made pursuant to this section shall be deemed to be  the  date  on  which  the  complaint  was  filed, provided  such  application  is  made no later than thirty days from the date of resolution by the public service commission.   6. All monies  owed  the  gas  corporation,  electric  corporation  or municipality  by  such  person  in excess of such payment as made by the  social services official pursuant to this section while such  person  is in  receipt  of public assistance, supplemental security income benefits or additional state payments pursuant to this chapter may be reduced  to a  judgment,  but  shall  be  exempt from collection for so long as such person  continues  to  receive  or  would  become  in  need  of   public assistance,  supplemental  security  income benefits or additional state payments if the collection was made. The claim of the  gas  corporation, electric  corporation or municipality shall in all other respects remain unaffected.