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, 2006

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 reiterate a Temporary Assistance (TA) requirement that when the Home Energy Assistance Program (HEAP) opens on November 1, 2006, the availability of and individual eligibility for HEAP benefits must be explored before a TA payment can be issued to meet energy related emergencies.  HEAP must be utilized to meet energy emergencies if:

•	HEAP is available (November 1 or later), and
•	HEAP eligibility is affirmed, and
•	The HEAP benefit available meets the energy emergency.

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 must be determined in accordance with policies and procedures outlined in the Energy Manual.
•	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, an individual comes into a local district participating in the HEAP Oil Buying Component and indicates that he/she is without fuel oil during a period of cold weather.  HEAP is determined available and the TA worker refers the individual to HEAP in accordance with local procedures. The HEAP applicant is determined HEAP eligible and is not otherwise exempt from participation in the HEAP Oil Buying Component.  If the applicant refuses to use a participating fuel vendor, he/she will be denied HEAP.  Since the applicant refused to utilize an available benefit to reduce the need for TA, the applicant is also not eligible for an emergency fuel delivery authorized under TA.