SSR 79-11: Title XVI: Treatment of Assistance Provided Under the Emergency Energy Conservation Services Program
To alter existing supplemental security income (SSI) policy to exclude from consideration as income or as a resource for SSI purposes, any services or assistance provided under the Emergency Energy Conservation Services (EECS) pursuant to Section 222(a)(12) of the Economic Opportunity Act of 1964, as amended.
Section 222(a)(12) of the Economic Opportunity Act (EOA) of 1964, as amended by Section 5(d)(1) of Public Law (P.L. 93-644 (42 USC 2809(1)(12); Regulations No. 16, Sections 416.1146 and 416.1236.
Section 222(a)(12) of the EOA of 1964, as amended, established the EECS program to lessen the impact of the high cost of energy on low income individuals and to reduce energy consumption. To accomplish this purpose, the law authorized such activities as winterization of old or standard dwellings, special transportation assistance, and certain other emergency cash or in-kind assistance to low income individuals and families.
The Crisis Intervention Program is an example of a program specifically established within the EECS program to take care of the fuel emergency crisis in the winter of 1976-1977. It was established through the appropriation of funding under title I, Chapter VII of the Supplemental Appropriations Act, 1977 (P.L. 95-26). The purpose is to ". . . provide for emergency energy/fuel assistance activities as authorized under section 222(a)(12) of the Community Services Act."
In Section 222(a)(12), Congress indicated that this emergency assistance may be excluded from consideration under the SSI program by providing: "Such assistance may be provided as a supplement to any other assistance extended under the provisions of this Act or under other provisions of Federal Law."
POLICY DIRECTIVE STATEMENT:
Any assistance provided in cash or in-kind under Section 222(a)(12) of the EOA of 1964, as amended, is excluded from countable income or resources for SSI purposes.
This is applicable where an individual or couple receives assistance or services from the EECS program operated by State and local programs under the Headstart, Economic Opportunity and Community Partnership Act of 1974. This is authorized by the EOA of 1964.
To retain its exclusion, any income or assistance which becomes a resource must be identifiable as having resulted from the assistance pursuant to Section 222(a)(12) of the EOA of 1964, as amended.
Claims Manual Section 12385.9.