TO:	Commissioners; TA Directors; FS Directors; WMS Coordinators; CAP/TOP Coordinators; HEAP Coordinators

FROM:	Russell Sykes, Deputy Commissioner, Division of Employment & Transitional Supports

SUBJECT:  Meeting Energy Emergencies

EFFECTIVE DATE:  November 1, 2005

CONTACT PERSON:	Temporary Assistance Energy Policy:  Temporary Assistance Bureau at 1-800-343-8859; extension 4-9344
	Home Energy Assistance Program Policy:  HEAP Bureau at 1-800-343-8859; extension 3-0332	

The purpose of this message is to remind districts that when the Home Energy Assistance Program (HEAP) opens on November 1, 2005, the availability of HEAP benefits must be explored and used to alleviate any utility or non-utility energy emergency before the use of any Temporary Assistance (TA) benefits.  The following procedures must be used to address energy emergencies associated with heating, heat-related domestic energy, heating equipment repair/replacement, and/or alternative housing accommodations:

•	The availability of regular HEAP must be explored before emergency HEAP can be considered.
•	If regular HEAP is not available, or does not meet the emergency, the availability of emergency HEAP must be explored.
•	If both regular and emergency HEAP are not available, for example the applicant/recipient has exhausted his/her HEAP benefits for the current program year or HEAP is closed for the current program year, eligibility for TA benefits in accordance with policies and procedures outlined in the Energy Manual must be explored.
•	Any applicant for regular or emergency HEAP who fails to comply with a HEAP eligibility requirement is deemed to have failed to apply for and utilize a benefit or resource that will reduce or eliminate the need for public assistance or care in accordance with 18 NYCRR 351.1(b)(2)(iii).  For example, District A is a district participating in the HEAP Margin Over Rack (MOR) Program.  An individual comes into District A and indicates that he/she is without fuel oil or kerosene during a period of cold weather.  The TA worker refers the individual to HEAP since HEAP is determined to be available. The HEAP applicant is determined HEAP eligible and is not otherwise exempt from participation in the HEAP MOR Program.  If an applicant refuses to use a participating fuel vendor in the HEAP MOR Program he/she would be denied HEAP. Since the applicant refused to utilize an available benefit that would reduce the need for TA, the applicant is not eligible for an emergency fuel delivery authorized under TA.