§ 12-20-16-3 — Utility services payment; necessity; eligibility

(a) The township trustee may, in cases of
necessity, authorize the payment from township assistance money for
essential utility services, including the following:
(1) Water services.
(2) Gas services.
(3) Electric services.
(4) Fuel oil services for fuel oil used for heating or cooking.
(5) Coal, wood, or liquid propane used for heating or cooking.
(b) The township trustee may authorize the payment of delinquent
bills for the services listed in subsection (a)(1) through (a)(5) when
necessary to prevent the termination of the services or to restore
terminated service if the delinquency has lasted not longer than
twenty-four (24) months. The township trustee has no obligation to pay
a delinquent bill for the services or materials listed in subsection (a)(1)
through (a)(5) if the delinquency has lasted longer than twenty-four
(24) months.
(c) The township trustee is not required to pay for any utility
service:
(1) that is not properly charged to:
(A) an adult member of a household;
(B) an emancipated minor who is head of the household; or
(C) a landlord or former member of the household if the
applicant proves that the applicant:
(i) received the services as a tenant residing at the service
address at the time the cost was incurred; and
(ii) is responsible for payment of the bill;
(2) received as a result of a fraudulent act by any adult member of
a household requesting township assistance; or
(3) that includes the use of township assistance funds for the
payment of:
(A) a security deposit; or
(B) damages caused by a township assistance applicant to
utility company property.
(d) The amount paid by the township trustee, as administrator of
township assistance, and the amount charged for water services may
not exceed the minimum rate charged for the service as fixed by the
Indiana utility regulatory commission.
(e) This subsection applies only during the part of each year when
applications for heating assistance are accepted by the lieutenant
governor under IC 4-4-33. A township trustee may not provide
assistance to make any part of a payment for heating fuel or electric
services for more than thirty (30) days unless the individual files an
application with the township trustee that includes the following:
(1) Evidence of application for assistance for heating fuel or
electric services from the lieutenant governor.
(2) The amount of assistance received or the reason for denial of
assistance.
The township trustee shall inform an applicant for assistance for
heating fuel or electric services that assistance for heating fuel and
electric services may be available from the lieutenant governor under
IC 4-4-33 and that the township trustee may not provide assistance to
make any part of a payment for those services for more than thirty (30)
days unless the individual files an application for assistance for heating
fuel or electric services under IC 4-4-33. However, if the applicant
household is eligible under criteria established by the lieutenant
governor for energy assistance under IC 4-4-33, the trustee may certify
the applicant as eligible for that assistance by completing an
application form prescribed by the state board of accounts and
forwarding the eligibility certificate to the lieutenant governor within
the period established for the acceptance of applications. If the trustee
follows this certification procedure, no other application is required for
assistance under IC 4-4-33.
(f) If an individual or a member of an individual's household has
received assistance under subsection (b), the individual must, before
the individual or the member of the individual's household may receive
further assistance under subsection (b), certify whether the individual's
or household's income, resources, or household size has changed since
the individual filed the most recent application for township assistance.
If the individual or a member of the individual's household certifies that
the income, resources, or household size has changed, the township
trustee shall review the individual's or household's eligibility and may
make any necessary adjustments in the level of assistance provided to
the individual or to a member of the individual's household.
[Pre-1992 Revision Citations: subsection (a) formerly
12-2-1-6(b); subsection (b) formerly 12-2-9-1 part; subsection (c)
formerly 12-2-9-1 part; subsection (d) formerly 12-2-9-1 part;
subsection (e) formerly 12-2-1-6(c); subsection (f) formerly
12-2-1-6(e).]

Legislative History

As added by P.L.2-1992, SEC.14. Amended by P.L.51-1996, SEC.55; P.L.259-2001, SEC.7; P.L.73-2005, SEC.71; P.L.141-2006, SEC.60; P.L.181-2006, SEC.55; P.L.1-2007, SEC.125.