Directs the office of temporary and disability assistance, in its plan for the low-income home energy assistance program, to utilize the maximum reductions in determining income eligibility

Title of bill

An act to amend the social services law, in relation to the low-income home energy assistance program

Purpose or general idea of bill

To ensure that the office of temporary and disability assistance, in submitting the annual plan for the low income home energy assistance program to the federal government, will utilize the maximum reductions to income in determining income eligibility.

Summary of specific provisions

Section 1 amends subdivision 1 of Section 97 of the social services law to direct that, after the first of January next succeeding the effective date of the chapter of laws of 2016 that amended this subdivision, the NYS Office of Temporary and Disability Assistance (OTDA) shall utilize a definition of net income in their annual LIHEAP plan which allows for the most expansive deductions from gross income in order to retain eligibility under the plan.

Section 2 provides the effective date of the legislation.

Justification

The Low Income Home Energy Assistance Program (LIHEAP) is a federally funded energy program intended to provide assistance to low income households in meeting their immediate home energy needs. To receive federal funding, each state must submit a State Plan for approval to the United States Department of Health and human Services (HHS) each year.

The federal government does not provide a set definition of "income" under the LIHEAP program. New York currently utilizes a definition of "income" which excludes certain deductions which are also used in other state temporary assistance programs.

Other states use a threshold qualifier of "net income" with additional deductions from gross income. Use of a similar standard in New York would allow more individuals and families with slightly higher income levels to qualify for HEAP. In extreme and long lasting winter weather conditions many people are caught in situations where they are just above the applicable income levels but are unable to qualify for assistance. This can result in their power being shut off. As a result, many have to resort to the potentially unsafe use of temporary electric heaters or other methods of heat. This bill directs OTDA to utilize the broadest possible number of income deductions, consistent with federal eligibility standards in determining a qualifying income. This will help insure that many people who are very close to the current income standards will be eligible to receive existing help in keeping their power on, especially during frigid Northeast winters.

Prior legislative history

2015: S.1981 Committed to Rules 2014: S.6665 Committed to Rules

Fiscal implications

None to the state. LIHEAP is a federally funded block grant program.

Effective date

This act shall take effect immediately.