AG lays out rules for heating aid

By Mary E. O'Leary , Register Topics Editor

NEW HAVEN - Attorney General Richard Blumenthal has told the state that it can provide heating assistance to mixed households of citizens and illegal immigrants, as long as the cash benefit is prorated.

The issue of who was eligible for the fuel aid, which is paid with federal funds, came up when a recent audit of the Community Action Agency of New Haven showed it had allocated the assistance to some illegal immigrants.

Blumenthal said the state, or the 11 Community Action Agencies it contracts with to determine the eligibility of low-income applicants for fuel assistance, cannot knowingly distribute that aid to undocumented individuals.

The state presently requires that the head of household have a Social Security number and be at least 18 years old, but Blumenthal's opinion said there is no statutory provision that requires the applicant be an adult.

"The (Department of Social Services) has the discretion to develop policies for households where only children are eligible for federal energy assistance benefits," the opinion says. This opens up assistance for households where parents may be undocumented, but their children are citizens.

The confusion centers on seemingly contradictory federal policies, which on the one hand deny cash benefits to illegal immigrants, but on the other don't allow nonprofits, such as the CAAs of the state, to inquire about or verify the citizenship of clients.

DSS today will meet with legislators to lay out rules for allocation of fuel assistance for the next year and benefit levels. Last year some $60 million in federal heating assistance was allocated to 86,000 households in the state.

Blumenthal said DSS has the authority to require CAAs to obtain the Social Security numbers of all individuals who receive federal energy benefits, as long as they do so to prevent fraud and not to determine citizenship.

It can further require the CAAs to deny aid to individuals without Social Security numbers and, if the CAAs are unable to verify the authenticity of those numbers, DSS can do so, according to the ruling.

But David Dearborn, a spokesman for DSS, said the departmemt is seeking a clarification from Blumenthal on the matter of Social Security numbers and whether requiring them conflicts with the federal privacy act of 1974.

DSS Commissioner Michael Starkowski in a letter to the attorney general said Section 7 of the act "provides that it shall be unlawful for any federal, state or government agency to deny an individual any right, benefit or privilege provided by law because of such individual's refusal to disclose a Social Security number."

Starkowski said further guidance provided by federal authorities says states are prevented from requiring disclosure of the number unless there is a specific federal statute mandating it. Since DSS is not aware of any such mandate, Blumenthal's ruling may conflict with the privacy act, the letter said.

Dearborn said if Blumenthal gives the go-ahead on mandating the Social Security requirement, DSS will put a verification system in place with federal authorities.

Former CAA employees have charged that individuals without Social Security numbers have been assigned phony numbers for the purpose of more quickly processing applications.

The ruling from Blumenthal made clear that "CAAs may not falsify information on LIHEAP (Low Income Home Energy Assistance Program) applications, nor may they knowingly accept false information."

The inquiry into CAA of New Haven was the result of a whistleblower complaint about alleged improprieties at the agency - a probe Blumenthal said is ongoing. Dozens of files on applicants who were approved for funds, but allegedly never received checks, were recently forwarded to his office.

Mary E. O'Leary can be reached at 789-5731 or moleary@nhregister.com.

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