New York Codes, Rules and Regulations › Title 18 - DEPARTMENT OF SOCIAL SERVICES › Chapter II - Regulations of the Department of Social Services › Subchapter B - Public Assistance › Article 1 - Determination of Eligibility-General › Part 352 - Standards of Assistance › Section 352.5 - Energy assistance

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
Tenant and customer of record requirements.
Prior to granting energy assistance under subdivisions
			   (b) through (g) of this section, it must be documented that the
			   applicant/recipient/grantee is the tenant and customer of record. A
tenant of record
is a person who has primary responsibility
			   for payment of the monthly rent or mortgage for the dwelling unit. Individuals
			   who contribute a portion of the monthly rent/mortgage to a person responsible
			   for payment of the monthly rent/mortgage for the dwelling unit will not be
			   considered a tenant of record. A
customer of record
is a
			   person who has an account in his or her name with a home energy vendor. An
			   individual who is not the tenant and customer of record is considered to meet
			   the tenant and customer of record requirement(s) when such individual is the
			   spouse of the tenant and customer of record who is living in the same household
			   or who is the surviving spouse of a deceased spouse who was the tenant and
			   customer of record. The term
home energy vendor
means an
			   individual or entity engaged in the business of selling electricity, natural
			   gas, oil, propane, kerosene, coal, wood, or any other fuel used for residential
			   heating and/or domestic (lights, cooking, hot water) energy.
(b)
Fuel for heating allowances.
Each social services district must grant an allowance for
			   fuel for heating to a public assistance applicant/recipient or self-maintaining
			   grantee in receipt of public assistance for a dependent child or children when
			   it is documented that the applicant/recipient/grantee is the tenant of record,
			   as defined in subdivision (a) of this section, with primary responsibility for
			   payment of the residential heating costs. A fuel for heating allowance must
			   also be granted to a public assistance applicant/recipient/grantee whose
			   utility heating bill may include costs for service for the
			   applicant/recipient/grantee's own residential unit and for space outside that
			   unit or whose non-utility heating bill includes costs for the
			   applicant/recipient/grantee's own residential unit and for other residential
			   units when it is documented that the applicant/recipient/grantee is the tenant
			   and customer of record as defined in subdivision (a) of this section. When a
			   fuel for heating allowance is granted to an applicant/recipient/grantee who is
			   the customer of record for a utility bill which may include costs for service
			   for the applicant/recipient/grantee's own residential unit and for space
			   outside that unit, the social services district must determine whether a
			   referral for a shared meter investigation, in accordance with the provisions of
			   section 52  of the Public Service Law, is appropriate.
			   To have primary responsibility for the payment of residential heating costs,
			   the applicant/recipient/grantee must be the customer of record, as defined in
			   subdivision (a) of this section, for the residential heating bill with a home
			   energy vendor. Fuel for heating allowances must be provided on a 12-month
			   heating season (October 1st- September 30th) in accordance with the following
			   schedules and must be based upon the applicant/recipient/grantee's primary
			   residential heating source:
SCHEDULE SA-6a MONTHLY ALLOWANCES FOR FUEL FOR
			   HEATING BEGINNING OCTOBER 1, 1987:
Oil, Kerosene, Propane
Counties of:
Nassau, New York City, Suffolk, Westchester
Number of persons
1
2
3
4
5
6
7
8+
12 month
$70
70
70
73
77
82
88
93
Counties of:
Chautauqua, Dutchess, Orange, Putnam, Rockland, Ulster
Number of persons
1
2
3
4
5
6
7
8+
12 month
$68
68
68
71
74
80
85
91
Counties of:
Columbia, Erie, Genesee, Livingston, Monroe, Niagara, Onondaga, Ontario,
					 Orleans, Oswego, Wayne
Number of persons
1
2
3
4
5
6
7
8+
12 month
$69
69
69
72
75
81
87
92
Counties of:
Albany, Cayuga, Chemung, Greene, Schenectady, Schuyler, Seneca, Tompkins,
					 Yates
Number of persons
1
2
3
4
5
6
7
8+
12 month
$69
69
69
72
75
81
87
92
Counties of:
Allegany, Broome, Cattaraugus, Chenango, Cortland, Delaware, Fulton, Jefferson,
					 Madison, Montgomery, Otsego, Rensselaer, Saratoga, Schoharie, Steuben,
					 Sullivan, Tioga, Warren, Washington, Wyoming
Number of persons
1
2
3
4
5
6
7
8+
12 month
$72
72
72
75
78
84
90
96
Counties of:
Clinton, Lewis, Oneida, St. Lawrence
Number of persons
1
2
3
4
5
6
7
8+
12 month
$71
71
71
74
78
83
89
95
Counties of:
Essex, Franklin, Hamilton, Herkimer
Number of persons
1
2
3
4
5
6
7
8+
12 month
$77
77
77
80
84
90
96
102
SCHEDULE SA-6b MONTHLY ALLOWANCES FOR FUEL FOR
			   HEATING BEGINNING OCTOBER 1, 1987:
Natural Gas, Coal, Wood, Municipal Electric
			   Utilities not Regulated by the Public Service Commission, Any Other Fuel not
			   Covered by SA-6a and SA-6c
Counties of:
Nassau, New York City, Suffolk, Westchester
Number of persons
1
2
3
4
5
6
7
8+
12 month
$56
56
56
58
61
65
69
74
Counties of:
Chautauqua, Dutchess, Orange, Putnam, Rockland, Ulster
Number of persons
1
2
3
4
5
6
7
8+
12 month
$55
55
55
57
60
64
68
73
Counties of:
Columbia, Erie, Genesee, Livingston, Monroe, Niagara, Onondaga, Ontario,
					 Orleans, Oswego, Wayne
Number of persons
1
2
3
4
5
6
7
8+
12 month
$54
54
54
56
58
63
67
71
Counties of:
Albany, Cayuga, Chemung, Greene, Schenectady, Schuyler, Seneca, Tompkins,
					 Yates
Number of persons
1
2
3
4
5
6
7
8+
12 month
$58
58
58
60
63
68
72
77
Counties of:
Allegany, Broome, Cattaraugus, Chenango, Cortland, Delaware, Fulton, Jefferson,
					 Madison, Montgomery, Otsego, Rensselaer, Saratoga, Schoharie, Steuben,
					 Sullivan, Tioga, Warren, Washington, Wyoming
Number of persons
1
2
3
4
5
6
7
8+
12 month
$58
58
58
60
63
67
72
77
Counties of:
Clinton, Lewis, Oneida, St. Lawrence
Number of persons
1
2
3
4
5
6
7
8+
12 month
$55
55
55
57
60
64
69
73
Counties of:
Essex, Franklin, Hamilton, Herkimer
Number of persons
1
2
3
4
5
6
7
8+
12 month
$66
66
66
68
71
77
82
87
SCHEDULE SA-6c MONTHLY ALLOWANCES FOR FUEL FOR
			   HEATING BEGINNING OCTOBER 1, 1987:
Public Service Commission""Regulated Electric
			   Utilities, Village of Greenport Electric
Counties of:
Nassau, New York City, Suffolk, Westchester
Number of persons
1
2
3
4
5
6
7
8+
12 month
$90
90
90
94
99
106
113
120
Counties of:
Chautauqua, Dutchess, Orange, Putnam, Rockland, Ulster
Number of persons
1
2
3
4
5
6
7
8+
12 month
$105
105
105
109
114
123
131
139
Counties of:
Columbia, Erie, Genesee, Livingston, Monroe, Niagara, Onondaga, Ontario,
					 Orleans, Oswego, Wayne
Number of persons
1
2
3
4
5
6
7
8+
12 month
$107
107
107
111
117
125
134
142
Counties of:
Albany, Cayuga, Chemung, Greene, Schenectady, Schuyler, Seneca, Tompkins,
					 Yates
Number of persons
1
2
3
4
5
6
7
8+
12 month
$120
120
120
125
131
140
150
160
Counties of:
Allegany, Broome, Cattaraugus, Chenango, Cortland, Delaware, Fulton, Jefferson,
					 Madison, Montgomery, Otsego, Rensselaer, Saratoga, Schoharie, Steuben,
					 Sullivan, Tioga, Warren, Washington, Wyoming
Number of persons
1
2
3
4
5
6
7
8+
12 month
$122
122
122
127
133
142
152
162
Counties of:
Clinton, Lewis, Oneida, St. Lawrence
Number of persons
1
2
3
4
5
6
7
8+
12 month
$122
122
122
127
133
143
153
163
Counties of:
Essex, Franklin, Hamilton, Herkimer
Number of persons
1
2
3
4
5
6
7
8+
12 month
$140
140
140
146
153
164
175
186
(c)
Payment essential to obtain
			 nonutility heating fuel for an applicant for aid to dependent children, home
			 relief, veteran assistance or emergency public assistance.
The district must authorize a nonrecoupable payment to an
			   applicant for aid to dependent children, home relief, veteran assistance or
			   emergency public assistance for nonutility (other than natural gas or
			   electricity) heating fuel, including an applicant whose nonutility heating bill
			   includes costs for the applicant's own residential unit and for other
			   residential units, provided such payment is necessary to obtain nonutility
			   heating fuel essential for the applicant's residential heating purposes. Such
			   payment may only be made when it is documented that the applicant is the tenant
			   of record and the customer of record, as defined in subdivision (a) of this
			   section, and alternative payment or housing accommodations cannot be arranged
			   and the applicant is without liquid resources to pay for such nonutility
			   heating fuel. Such payment must not exceed the cost of nonutility heating fuel
			   required to meet the applicant's immediate need. However, once an initial
			   payment has been authorized for an applicant whose nonutility heating bill
			   includes costs for the applicant's own residential unit and for other
			   residential units, subsequent emergency payments to obtain nonutility heating
			   fuel for that applicant may only be authorized for deliveries made on an
			   alternate basis with the other unit(s) sharing the fuel source. Prior to
			   issuing payment for each subsequent delivery, it must be documented that
			   heating fuel in amounts reasonably comparable to the most recent delivery paid
			   for by the social services district has been provided by or on behalf of the
			   other unit(s) sharing the fuel source. When the alternate delivery requirement
			   has not been met or cannot be documented, the social services district must
			   address the applicant's heating emergency with alternative methods. These
			   methods include, but are not limited to, the following: referrals to services
			   and/or other agencies; exploration of alternative housing; exploration of other
			   funding sources (including HEAP); or the lending of safe supplemental heating
			   devices. Documentation of need for the social services district payment must be
			   fully recorded in the applicant's case file.
(d)
Payment essential to obtain
			 nonutility heating fuel.
This subdivision applies to recipients of aid to
			   dependent children, home relief, veteran assistance, or self-maintaining
			   grantees in receipt of aid to dependent children or home relief on behalf of
			   dependent children and in receipt of fuel for heating allowances as outlined in
			   subdivision (b) of this section. An advance allowance subject to recoupment, in
			   accordance with section
			   352.11  of this
			   Part, must be authorized for such recipient or grantee when it is documented
			   that the recipient/grantee is the tenant and customer of record for the
			   residential heating bill, as defined in subdivision (a) of this section, and
			   when the recipient/grantee has made a request in writing for such an allowance
			   and also has requested in writing that the monthly grant be reduced to recover
			   the advance allowance. This provision is applicable in those cases where the
			   recipient/grantee's nonutility heating bill includes costs for the
			   recipient/grantee's own residential unit and for other residential units. Once
			   an initial payment has been authorized for a recipient/grantee whose nonutility
			   heating bill includes costs for the recipient/grantee's own residential unit
			   and for other residential units, subsequent payments to obtain nonutility
			   heating fuel for that recipient/grantee may only be authorized for deliveries
			   made on an alternate basis with the other unit(s) sharing the fuel source.
			   Prior to issuing payment for each subsequent delivery, it must be documented
			   that heating fuel in amounts reasonably comparable to the most recent delivery
			   paid for by the social services district has been provided by or on behalf of
			   the other unit(s) sharing the fuel source. When the alternate delivery
			   requirement has not been met or cannot be documented, the social services
			   district must address the recipient/grantee's heating emergency with
			   alternative methods. These methods include, but are not limited to, the
			   following: referrals to services and/or other agencies; exploration of
			   alternative housing; exploration of other funding sources (including HEAP); or
			   lending of safe supplemental heating devices.
(e)
Payment essential to continue or
			 restore utility service for an applicant for family assistance, safety net
			 assistance, veteran assistance or emergency public assistance.
A payment must be made for utilities previously provided
			   to an applicant for family assistance, safety net assistance, veteran
			   assistance or emergency public assistance if such payment is essential to
			   continue or restore utility service. Payment essential to continue or restore
			   utility service may be provided to an applicant whose utility bill includes
			   costs for service for the applicant's own residential unit and for space
			   outside that unit. Payment may only be made when it is documented that the
			   applicant is the tenant of record and the customer of record, as defined in
			   subdivision (a) of this section, and alternative payment or housing
			   accommodations cannot be made and the applicant is without liquid resources to
			   continue or restore utility service. Payment must not exceed the cost of
			   utilities provided to the applicant during the four most recently completed
			   monthly billing periods or two most recently completed bi-monthly billing
			   periods for which a bill has been issued immediately preceding the date of
			   application for such assistance. Payment is limited to the applicant's
			   proportionate share of the cost of service for the most recently completed four
			   monthly or two most recently completed bi-monthly billing periods for which a
			   bill has been issued immediately preceding the date of application for such
			   assistance when the applicant's utility bill includes costs for service for the
			   applicant's own residential unit and for space outside that unit. Payment must
			   not exceed the balance due on the account. In a shared meter situation subject
			   to the provisions of section 52  of the Public Service Law, the
			   proportionate share is to be determined by the utility company's apportionment
			   of retroactive charges upon completion of a shared meter investigation and
			   determination. As a condition of receiving such assistance, an applicant not in
			   receipt of recurring public assistance or supplemental security income whose
			   gross monthly household income on the date of application exceeds the public
			   assistance standard of need for the same size household must sign an agreement
			   to repay the assistance within two years of the date of the payment. A
			   household consists of all persons who occupy a housing unit. A house, an
			   apartment or other group of rooms, or a single room is regarded as a housing
			   unit when it is occupied or intended for occupancy as separate living quarters.
			   A household includes related family members and all unrelated persons, if any,
			   such as lodgers, foster children, wards, or employees who share the housing
			   unit. A person living alone, or a group of unrelated persons sharing a housing
			   unit as partners, also constitutes a household. The public assistance standard
			   of need is determined by applying the following statewide standards of need in
			   accordance with office regulations: the pre-add allowance as set forth in
			   Schedule SA-2a of section
			   352.3 
			   of this Part; the shelter allowance as paid, but not to exceed the maximum
			   allowance set forth in section
			   352.3 
			   of this Part; the fuel allowance set forth in Schedule SA-6a, SA-6b or SA-6c of
			   section 352.5  of this Part, if the applicant is the tenant of record and
			   customer of record for the residential heating bill; the home energy and
			   supplemental home energy payments (HEA and SHEA) as set forth in schedule SA-2b
			   or SA-2c of section
			   352.1 
			   of this Part; and, if applicable, the additional cost of meals for persons
			   unable to prepare meals at home as set forth in schedule SA-5 of section
			   352.7 
			   of this Part. The repayment agreement must set forth a schedule of payments
			   that will assure repayment within two years of the date of payment. Subsequent
			   assistance to continue or restore utility service must not be provided unless
			   any prior utility arrearage payments have been repaid or are being repaid in
			   accordance with the schedule of payments contained in each prior repayment
			   agreement as of the date of application for such subsequent assistance, or
			   unless the enforcement of such prior repayment agreement(s) is suspended by the
			   local social services district during a period of cold weather, defined, for
			   these purposes, as the time period from November 1st of each year and ending
			   April 15th of the following year. Repayment agreements under this subdivision
			   may be enforced in any manner available to a creditor, in addition to any other
			   remedy the district may have pursuant to the Social Services
			   Law.
(f) Payment essential
			 to continue or restore utility service for a recipient of aid to dependent
			 children, home relief, veteran assistance, or self-maintaining grantee in
			 receipt of public assistance for dependent children and in receipt of a home
			 energy allowance and supplemental home energy allowance (HEA and SHEA) and/or a
			 fuel for heating allowance, as defined in subdivision (b) of this section. For
			 purposes of this subdivision, the term
recipient
is defined
			 as: a recipient of aid to dependent children, home relief, veteran assistance,
			 or a self-maintaining grantee in receipt of public assistance on behalf of
			 dependent children and in receipt of a HEA and SHEA and/or a fuel for heating
			 allowance, as defined in subdivision (b) of this section.
(1) A payment must be made for utilities
			 previously provided to a recipient of aid to dependent children, home relief,
			 veteran assistance or grantee in receipt of public assistance for dependent
			 children and in receipt of a HEA and SHEA and/or a fuel for heating allowance,
			 as defined in subdivision (b) of this section if such payment is essential to
			 continue or restore utility service. Payment essential to continue or restore
			 utility service may be provided to a recipient whose utility bill includes
			 costs for service for the recipient's own residential unit and for space
			 outside that unit. Payment may only be granted when it is documented that the
			 recipient/grantee is the tenant and customer of record, as defined in
			 subdivision (a) of this section and when alternative payment or housing
			 accommodations cannot be made and the recipient is without liquid resources to
			 continue or restore utility service. Payment must not exceed the cost of
			 utilities provided to the recipient for the four most recently completed
			 monthly billing periods or two most recently completed bi-monthly billing
			 periods in which service was rendered within the 10 monthly or five bi-monthly
			 most recently completed billing periods immediately preceding the date of
			 request for such assistance. When the recipient's utility bill includes costs
			 for service for the recipient's own residential unit and for space outside that
			 unit, payment is limited to the recipient's proportionate share of the cost of
			 service for the time frames outlined above. In a shared meter situation subject
			 to the provisions of section 52  of the Public Service Law, the
			 proportionate share is to be determined by the utility company's apportionment
			 of retroactive charges upon completion of a shared meter investigation and
			 determination. Payment must not exceed the balance due on the account and must
			 be provided in accordance with the provisions of paragraphs (2), (3), (4), (5),
			 (6) and (7) of this subdivision.
(2) Payment must be provided as a
			 nonrecoupable grant when it is documented that during the period specified in
			 paragraph (1) of this subdivision the recipient has fully applied the public
			 assistance grant to purposes intended to be included in such grant. Such
			 documentation for recipients must include proof of payment of: an amount at
			 least equal to the combined Home Energy Allowance and Supplemental Home Energy
			 Allowance (HEA and SHEA) budgeted in the public assistance grant to domestic
			 (lights, cooking, hot water) energy costs; the monthly fuel for heating
			 allowance budgeted in the public assistance grant to incurred heating costs;
			 and the monthly shelter allowance budgeted in the public assistance grant to
			 shelter costs. In addition, there must be no other evidence of
			 mismanagement.
(3) If such
			 recipient is not eligible for a nonrecoupable grant pursuant to paragraph (2)
			 of this subdivision, or for other available nonrecoupable grants including Home
			 Energy Assistance Program benefits, payment must be provided as an advance
			 allowance subject to recoupment in accordance with section
			 352.11  of this
			 Part.
(4) Whenever a social
			 services district makes an arrearage payment to continue or restore the utility
			 service of a public assistance recipient, the district must also, prospectively
			 for a period of six months or until the case is closed, whichever occurs first,
			 act as a guarantor of the recipient's future utility bills or place the
			 recipient on voucher payment. When the recipient is the customer of record for
			 a utility bill which includes costs for service for the recipient's own
			 residential unit and for space outside that unit, only the recipient's
			 proportionate share of the bill is the prospective responsibility of the social
			 services district.
(5) If the
			 agency uses a voucher payment to meet the prospective responsibility for an ADC
			 recipient the agency must be able to document recipient mismanagement. For the
			 purposes of this subdivision, mismanagement is determined in accordance with
			 the provisions outlined in paragraph (2) of this subdivision. In such cases,
			 amounts not to exceed the following are restricted from the recipient's grant:
(i) if the recipient's utility bill
			 represents "heat only," the recipient's monthly fuel for heating allowance is
			 removed from the recipient's monthly grant. Heating costs paid by the district
			 which exceed the amount removed from the recipient's grant are considered to be
			 overpayments subject to recoupment in accordance with section
			 352.31(d) 
			 of this Part;
(ii) if the
			 recipient's utility bill represents domestic costs only (lights, cooking, hot
			 water), the recipient's Home Energy Allowance and Supplemental Home Energy
			 Allowance (HEA and SHEA) or the average monthly cost of the recipient's
			 domestic utility service, whichever is less, is removed from the recipient's
			 grant. Domestic energy costs paid by the district which exceed the amount
			 removed from the grant must be considered to be overpayments subject to
			 recoupment in accordance with section
			 352.31(d) 
			 of this Part;
(iii) if the
			 recipient's utility bill represents heat and domestic costs, a combination of
			 the amounts outlined in subparagraphs (i) and (ii) of this paragraph is removed
			 from the grant. If the recipient's combined heat and domestic costs exceed the
			 amounts removed from the recipient's grant, the balance must be considered an
			 overpayment subject to recoupment in accordance with section
			 352.31(d) 
			 of this Part.
(6) If the
			 agency uses a vendor payment to meet the prospective responsibility for an HR
			 recipient, the agency may do so in accordance with section
			 381.3(c)(2) 
			 of this Title.
(7) When a recipient
			 has been placed on vendor payment, whereby the social services district pays
			 the energy vendor directly, as a result of mismanagement by the recipient or
			 for administrative ease, the district must at least annually, at case closing,
			 and upon termination of the vendor payment arrangement, determine if there has
			 been an under/overpayment. Identified underpayments/overpayments are to be
			 reconciled in accordance with section
			 352.31(d),
			 (e), and/or (f) of this Part.