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

FROM:	Russell Sykes, Deputy Commissioner, Center for Employment and Economic Supports

SUBJECT:	 Meeting Energy Emergencies

EFFECTIVE DATE:	November 1, 2007

CONTACT PERSON:	Temporary Assistance Bureau at 1-800-343-8859; ext. 4-9344
	HEAP Bureau at 1-800-343-8859; ext. 3-0332	

The purpose of this message is to reiterate a Temporary Assistance (TA) requirement that with the November 1, 2007 opening of the Home Energy Assistance Program (HEAP), districts must explore the availability of and individual eligibility for HEAP benefits before issuing a TA payment to meet energy related emergencies.  Districts must utilize HEAP to meet energy emergencies if:

•	HEAP is available (November 1, 2007 or later), and
•	HEAP eligibility is affirmed, and
•	The HEAP benefit available meets the energy emergency.

Districts must utilize the following procedures when addressing energy emergencies associated with heating, heat-related domestic energy, heating equipment repair/replacement, and/or alternative housing accommodations:

•	Explore the availability of regular HEAP before considering emergency HEAP.
•	If regular HEAP is not available, or does not meet the emergency, explore the availability of emergency HEAP.
•	If HEAP, both regular and emergency, is not available, for example the applicant/recipient has exhausted his/her HEAP benefits for the current program year or the HEAP program closed for the current program year, districts must determine the applicant’s/recipient’s eligibility for TA benefits.  To determine eligibility for a TA benefit to meet an energy emergency, districts must follow the policies and procedures outlined in the Energy Manual, and the LDSS-4884, “TA Energy Emergencies Comparison Table” released by 06 INF-18.
•	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 temporary assistance in accordance with 18 NYCRR § 351.1(b)(2)(iii).  For example, an individual comes into a local district indicating 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, the worker denies the HEAP application.  Since the applicant refused to utilize an available HEAP benefit to reduce his/her need for TA, the applicant is also not eligible for an emergency fuel delivery authorized under TA.