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HOME ENERGY ASSISTANCE PROGRAM (HEAP)

What is the HEAP program?

Under the HEAP program, the federal government gives New York State each year a set amount of money to help low-income residents with their heating costs. Benefits are available through the Regular HEAP program. Households facing an emergency may be eligible for some additional HEAP benefits through the Emergency HEAP program. The HEAP program is not an entitlement program. Once the money runs out the program closes.

Who is eligible for HEAP assistance?

Certain households are categorically eligible for HEAP. A household is categorically eligible if one or more persons receive cash public assistance benefits or food stamps. Some SSI recipients are also categorically eligible for HEAP. Eligibility for all other households is based on household size and gross income. The HEAP income guidelines are higher than both the cash public assistance and food stamp income guidelines. There is no resource test for Regular HEAP. The income limits for the HEAP programs change each year and are announced around October 1st of each year.

Do certain living arrangements affect HEAP eligibility?

Yes. Certain households are not eligible for HEAP based on their living arrangement. These households include, but are not limited to, tenants of government subsidized housing where heat is included in rent, and individuals who have no responsibility for heating costs and do not make undesignated payments for heat in the form of rent.

What are Regular HEAP benefits?

The Regular HEAP benefit provides an annual benefit to categorically and income eligible households. The amount of the Regular HEAP benefit varies. If heat is included in rent, the Regular HEAP benefit will be about $40 to $50. If the household pays for heat separate from rent, the amount of the benefit will vary from about $120 to $520depending on the household’s income, composition and energy burden.

What are Emergency HEAP benefits?

If a HEAP eligible household is facing a shut off of service or is low on fuel and the Regular HEAP benefit will not resolve the emergency situation, the household may be eligible for Emergency HEAP benefits. To be eligible for an Emergency HEAP benefit, the person applying must be the person who is responsible for paying the rent or mortgage, and be the person whose name is on the heating utility bill. The household must also show that it cannot make alternative payment arrangements with its utility provider and it does not have available liquid resources to resolve the emergency. The amount of Emergency HEAP benefits varies from about $100 to $480 depending on the household’s circumstances.

How do I apply for Regular HEAP?

Some of the categorically eligible households will receive an automatic Regular HEAP benefit and, therefore, do not need to apply. Some households can apply by mail. These include households where the head of the household is age 60 or older. The local Offices of the Aging can help elderly and/or disabled households with the HEAP application process. All other households need to apply for HEAP assistance at the local Department of Social Services (DSS). DSS should send you a notice advising you if you are eligible for assistance and, if so, how much HEAP assistance you will receive.

How do I apply for Emergency HEAP?

Most households must apply for HEAP assistance in person at DSS. If you are on cash public assistance or food stamps, you should call your worker to see if you need to go to DSS to apply or if your worker can help you with your application over the phone. DSS should make a decision on your application as soon as possible. DSS should send you a notice advising you if you are eligible for assistance and, if so, how much HEAP assistance you will receive.

What if I do not agree with DSS’ decision?

You have a right to request a fair hearing if the application is denied, if you disagree with the amount of HEAP assistance provided or if the application is not acted on in a prompt manner. You have 60 days from the date of the denial notice to request a fair hearing. See our flyer on fair hearing rights for more information on how to request a fair hearing.

Applications may be obtained and submitted to your county Department of Social Services HEAP Office for eligibility determination. The HEAP hotline # is: 1-800-342-3009

Go to New York's OTDA site here for more details.

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Legal Assistance of Western New York, Inc.

This article provides general information about this subject. Laws affecting this subject may have changed since this article was written. For specific legal advice about a problem you are having, get the advice of a lawyer.  Receiving this information does not make you a client of our office.

Oct 2007