Current through Register Vol. 46, No. 39, September 25, 2024
(a) Local social
services districts shall:
(1) assume
responsibility for the performance of outreach activities to assure that
eligible households, especially households with elderly and/or disabled
individuals are made aware of the assistance available under HEAP;
(2) assume responsibility for determining
eligibility for low-income households;
(3) assume responsibility for the provision
of HEAP benefits to those low- income households determined eligible for
assistance. For purposes of the current HEAP State Plan, where an eligible HEAP
household pays a home energy vendor directly for his/her heating costs, the
HEAP payment must be issued as a vendor payment. These vendor payments may be
issued in one or a combination of the following methods: two-party check made
payable to the recipient and home energy supplier as co-payees, and/or
establishment of a line of credit with a home energy supplier on behalf of the
recipient, and/or, if county fiscal policy permits, a check for the recipient's
full HEAP benefit may be sent to the home energy supplier. The term home energy
supplier means an individual or entity engaged in the business of selling
electricity, oil, gas, wood, kerosene or any other fuel used for home energy in
a residential dwelling. All other benefits under HEAP must be made to the
eligible households by means of the following methods to be exercised at the
option of the district: direct payment to the eligible household, establishment
of a line of credit with a home energy supplier on behalf of the eligible
household, issuance of a restricted payment in the form of a two-party check
issued to the eligible household and its home energy supplier as co-payees or
any combination of the foregoing methods. If the district chooses to pay home
energy suppliers directly, the district must:
(i) notify each eligible household of the
amount of assistance paid on its behalf; and
(ii) enter into a written agreement with the
home energy supplier which includes at least those provisions prescribed by the
department and the following mandated requirements:
(a) the home energy supplier will charge the
eligible household, in its normal billing process, no more than the difference
between the actual cost of the home energy and the amount of the payment made
by the district under HEAP;
(b) no
household receiving assistance under HEAP will be treated any differently
because of the receipt of such assistance; and
(c) any home energy supplier receiving direct
payments will not discriminate, either in the cost of goods supplied or the
services provided, against the eligible household on whose behalf payments are
made;
(4)
maintain such documentation as the department shall prescribe in support of
claims for reimbursement in connection with HEAP;
(5) provide the department with any
information and reports necessary for the proper and efficient administration,
monitoring and evaluation of HEAP; and
(6) be held liable for payments negligently
or voluntarily incurred in violation of Federal or State statutes and
regulations and for all payments above the district's funding
allocation.
(b) The
district may enter into contracts with authorized local community action
agencies, area agencies on aging and/or other not-for-profit neighborhood based
agencies/organizations to perform outreach and certification to the nonelderly
population. All contracts must contain provisions that the work performed by
the contractor must be in accordance with applicable Federal and State statutes
and regulations, the federally accepted State Plan, the provision of these
regulations and applicable releases of the New York State Office of Temporary
and Disability Assistance. In the event that the contractor has complied with
the terms and conditions of the HEAP program as required by the district and in
accordance with applicable Federal and State statutes and regulations, the
federally accepted State Plan and applicable releases of the New York State
Office of Temporary and Disability Assistance, the district may hold the
contractor harmless from any and all liability which may arise by reason of
such compliance. The contractor shall be held liable for payments negligently
or voluntarily incurred in violation of Federal and State statutes and
regulations and for all payments above the district's funding
allocation.
