New York Laws
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.

(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.

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