§ 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\nassistance benefits, supplemental security income benefits or additional\nstate payments. 1. In the case of a person applying for public\nassistance, supplemental security income benefits or additional state\npayments pursuant to this chapter, the social services official of the\nsocial services district in which such person resides shall, unless\nalternative payment or living arrangements can be made, make a payment\nto a gas corporation, electric corporation or municipality for services\nprovided to such person during a period of up to, but not exceeding,\nfour months immediately preceding the month of application for such\nassistance or benefits if such payment is needed to prevent shut-off or\nto restore service. Persons whose gross household income exceeds the\npublic assistance standard of need for the same size household must sign\na repayment agreement to repay the assistance within two years of the\ndate of payment as a condition of receiving assistance, in accordance\nwith regulations established by the department. Such repayment agreement\nmay be enforced in any manner available to a creditor, in addition to\nany rights the district may have pursuant to this chapter.\n 2. In the case of a person receiving public assistance, supplemental\nsecurity income benefits or additional state payments pursuant to this\nchapter, the social services official of the social services district in\nwhich such person resides shall, unless alternative payment or living\narrangements can be made, make a payment to a gas corporation, electric\ncorporation or municipality for services provided to such person for the\nmost recent four months in which service was rendered prior to the\napplication for a utility payment pursuant to this section, provided\nthat no such payment shall be made for services rendered more than ten\nmonths prior to the application for such a payment, and provided further\nthat:\n (a) such person does not have any funds to pay for such service and\nsuch payment is needed to prevent termination or to restore service and\nsuch person has fully applied his public assistance grant, if any, to\npurposes intended to be included in such grant, or\n (b) such person in receipt of public assistance has made a written\nrequest of such official for an advance allowance for utility services\nalready received pursuant to department regulations and has also made a\nwritten request that his monthly assistance grant be reduced by a\nportion of the amount of the advanced allowance, in such amounts as not\nto cause undue hardship. Such payment shall be in addition to any direct\npayment or any guarantee of payment for utility service for the month\nfor which timely payment may still be made. In no event may any part of\nsuch payment subject to recoupment be made unless the social services\nofficial first determines under the particular circumstances that the\nrecipient is not entitled, at the time of requesting such payment, to a\ngrant pursuant to titles one, three, eight or ten of this article or any\nother provision of this chapter which could be utilized to cover all or\na portion to be advanced. If during the period of recoupment, the\nrecipient becomes entitled to a grant, pursuant to titles one, three,\neight or ten of this article or any other provision of this chapter,\nwhich could be utilized to cover all or a portion of the amount to be\nrecovered, such grant shall be so utilized.\n 3. If and for so long as a person who has received a grant pursuant to\nsubdivision two of this section continues to receive public assistance\nbenefits, supplemental security income benefits or additional state\npayments, the social services official shall, to the extent authorized\nby applicable provisions of this chapter and regulations promulgated\nthereto, either:\n (a) make payments directly to the gas corporation, electric\ncorporation or municipality for utility services furnished to such\nperson during a period in which such person has been determined unable\nto manage his own financial affairs; or\n (b) act as guarantor of payment for the month in which the social\nservices official is advised of the nonpayment and for such period of\ntime thereafter as may be established by department regulations to the\nextent that such person fails to pay for utility services provided\nduring any such month. Such guarantee of payment provided by the social\nservices official shall not extend for a period exceeding two years for\nany person receiving public assistance, supplemental security income\nbenefits or additional state payments.\n (c) Payments made for recipients of public assistance pursuant to this\nsubdivision shall be deemed to be advance allowances subject to\nrecoupment in accordance with department regulations. In no event may\nany part of such payment subject to recoupment be made unless the social\nservices official first determines under the particular circumstances\nthat the recipient is not entitled, at the time of requesting such\npayment, to a grant pursuant to titles one, three, eight or ten of this\narticle or any other provision of this chapter which could be utilized\nto cover all or a portion to be advanced. If during the period of\nrecoupment, the recipient becomes entitled to a grant, pursuant to\ntitles one, three, eight or ten of this article or any other provision\nof this chapter, which could be utilized to cover all or a portion of\nthe amount to be recovered, such grant shall be so utilized.\n (d) Whenever a public assistance recipient, for whom a guarantee of\npayment has been provided pursuant to this subdivision, ceases to\nreceive public assistance, the social services official shall notify the\ngas corporation, electric corporation or municipality of the cessation\ndate in writing within fifteen days of such occurrence. In the case of a\nrecipient of supplemental security income benefits, the social services\nofficial shall make such notification within fifteen days after\nreceiving official notice that the recipient's benefits have ceased. The\noriginal terms and conditions of any guarantee made pursuant to this\nsubdivision shall remain in full force and effect only until the end of\nany month in which the required notice is given.\n 4. The department shall establish by regulation the manner in which a\nperson receiving public assistance, supplemental security income\nbenefits or additional state payments pursuant to this chapter shall\nadvise the appropriate social services official that payment for utility\nservices furnished such person has not been made.\n 5. The social services official shall not make payments pursuant to\nthis section with respect to any disputed amounts for utility service\nfurnished for which a complaint has been filed with the gas corporation,\nelectric corporation or municipality and no determination has been\nrendered by the gas corporation, electric corporation or municipality or\nfor which a complaint has been filed with the public service commission\nand no determination has been made except to the extent payments are\nrequired by the commission or its staff pending resolution of the\ndispute by the commission. For purposes of applying the limitation on\npayments pursuant to subdivision two of this section in any case in\nwhich such a complaint has been filed with the public service\ncommission, the date of any application made pursuant to this section\nshall be deemed to be the date on which the complaint was filed,\nprovided such application is made no later than thirty days from the\ndate of resolution by the public service commission.\n 6. All monies owed the gas corporation, electric corporation or\nmunicipality by such person in excess of such payment as made by the\nsocial services official pursuant to this section while such person is\nin receipt of public assistance, supplemental security income benefits\nor additional state payments pursuant to this chapter may be reduced to\na judgment, but shall be exempt from collection for so long as such\nperson continues to receive or would become in need of public\nassistance, supplemental security income benefits or additional state\npayments if the collection was made. The claim of the gas corporation,\nelectric corporation or municipality shall in all other respects remain\nunaffected.\n