N.Y. Social Services Law § 131-s: Payments made for utility service for recipients of public assistance benefits, supplemental security income benefits or additional state...

§ 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.