2023 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.