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(a) community transportation to retail and wholesale food outlets is severely hampered;

(b) retail and wholesale food outlets are closed;

(c) delivery of commodities to food outlets is significantly hampered;

(d) normal operating hours of food outlets are restricted, significantly limiting normal opportunities to purchase food;

(e) normal opportunities to purchase food are hampered significantly due to unusually heavy demand on food outlets from households replacing food supplies damaged or destroyed by the disaster; and/or

(f) power failure significantly restricts food outlet operations.

.122 "Restoration" means conditions or operations of food outlets have improved and households now have reasonable access to them.

.13 "Disaster Relief Agency" means a public or private agency that has been designated by the CWD and authorized by FNS to perform specified functions in connection with certification for and distribution of emergency coupon allotments during the disaster benefit period.

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.2 Application for Authorization

When all or part of a county has been struck by a disaster and the ongoing Food Stamp Program cannot meet the needs of the eligible households, the CWD may apply through CDSS to the FNS Regional Disaster Task Force for authorization to implement emergency food stamp assistance. The disaster shall be either a major disaster declared by the President where commercial channels of food distribution may not have been disrupted or a lesser disaster where commercial channels of food distribution have been disrupted and restored, as defined in Section 63-900.12. The initial application may be made informally, by telephone or otherwise, through CDSS, as soon as the need has been established. A written application with substantiating facts shall be submitted to FNS through CDSS as soon as possible after the informal application is made. If more than one agency, such as an Indian tribal organization, has responsibility over the affected area, separate applications shall be submitted by each agency and the responsible agencies shall work closely to minimize duplicate coupon issuance. The written application shall include the following items:

(a) The date the disaster began;

(b) A description of the geographical area of the county in need of emergency coupon issuance;

(c) A determination with substantiation that households residing within the affected parts of the disaster area are in need of emergency coupon issuance;

(d) An estimate of the number of potentially eligible households in need of coupon issuance;

(e) A determination with substantiation that the food needs of the affected households cannot be met by the ongoing Food Stamp Program;

(f) An assessment of the availability and accessibility of certification and issuance sites in the disaster area;

(h) An estimate of the length of the disaster benefit period, i.e., the time it will take households to return to their normal means of support, which shall be either one-half or one full month;

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(i) An estimate of the length of the disaster authorization period, i.e., the time needed (FNS will authorize from 3 to 30 days) to accept and process all applications for emergency coupon issuance, which shall not exceed (h) above;

(j) A determination with substantiation that for a lesser disaster, commercial channels of food distribution have been disrupted and restored, and for a major disaster, substantiation that commercial channels of food distribution are available in accordance with Section 63-900.12;

(k) An assessment of the availability and accessibility of FNS-authorized retail and wholesale food outlets in the disaster area;

(l) Information on the use of any disaster relief agencies, as defined in Section 63-900.13, with which the CWD plans to cooperate in administering emergency coupon assistance procedures. The CWD shall also specify the function(s) it intends to delegate to the disaster relief agencies and the specific geographical area(s) in which such functions will be performed;

(m) A determination with substantiation that the distribution of federally donated food commodities is/is not necessary in any part of the disaster area; and

(n) A determination with substantiation as to whether or not the CWD plans to reduce emergency coupon allotments issued to households currently certified under the ongoing program by the amount of the household's regular monthly food stamp allotment or a justification as to why this action is not administratively practicable.

.3 FNS/CDSS Authorizations Required Prior to Emergency Coupon Issuance

.31 If the application is approved, FNS will, through CDSS, provide immediate notification and instructions in person or by telephone, followed by written confirmation. This will include authorization of emergency certification and issuance procedures and the authorized geographical area.

.32 If the application is denied, FNS will, through CDSS, provide immediate notification in person or by telephone, followed by written confirmation, of the reason for the denial. The CWD may request through CDSS a review of the denial if additional information is available to substantiate the request for authorization.

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.4 Liaison

During a disaster, the CWD shall provide liaison with the State Office of Emergency Services through CDSS and with the disaster relief agencies. If the affected area is declared a major disaster by the President, the CWD shall also cooperate with Federal/State coordinating officers and the Federal Emergency Management Agency (FEMA).

.5 Household Certifications

.51 Certifying Agency

CWD staff shall provide certification for emergency coupon issuance, assisted in eligibility determinations by volunteers and any authorized disaster relief agencies that have been approved by FNS.

All applicants shall have interviews. The interview may be conducted by CWD agency certification workers, volunteers or other designated noncounty personnel. To assist in the certification process, the CWD may use group sessions to prescreen applicants, explain household rights and responsibilities to explain how to complete the application.

.52 Certification Sites

If regular certification offices are not easily accessible to disaster victims, CWDs are encouraged to use the offices of the disaster relief agencies established by the State Office of Emergency Services in conjunction with the Federal Disaster Assistance Administration and any alternate sites that have been approved by FNS.

.53 Application for Emergency Food Stamp Issuance (DFA 385)

The emergency coupon issuance application shall be the DFA 385.

.54 Eligibility, Certification and Allotment Determination

.541 To be eligible for emergency coupon issuance, on the date of application the household shall meet the definition of "household" contained in Section 63-402.1, and eligibility criteria (a) through (d) below:

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(a) At the time the disaster struck, the household shall have been residing within the geographical area authorized for emergency coupon issuance, although it may be occupying temporary accommodations outside the disaster area at the time of application.

(b) The household shall have experienced at least one of the following adverse effects of the disaster:

(1) loss of or inaccessibility to income, which involves a reduction or termination of income or a significant delay in receipt of income;

(2) inaccessibility to liquid resources, which includes situations where financial institutions where the household has its resources are expected to close due to the disaster for most of the disaster benefit period or the household is otherwise unable to reach its cash resources and is not expected to be able to reach its resources for most of the disaster benefit period; or

(3) disaster related expenses as defined in Section 63-900.11.

If the household has received or is reasonably certain it will receive reimbursement during the disaster benefit period, for all or part of the disaster related expenses(s), only the net expense to the household shall be deductible. If reimbursement for the disaster related expense(s) is expected but the household is not reasonably certain it will be received during the disaster benefit period, the full expense shall be deductible.

(c) The household shall be purchasing food and preparing meals during the authorized disaster benefit period. A household residing in a temporary shelter which provides all meals during the disaster benefit period shall be ineligible for an emergency coupon allotment.

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(d) The household shall have a total take home pay for the disaster benefit period that, when cash on hand and all accessible funds in checking and savings accounts are added to it and disaster related expenses are deducted, is less than or equal to the food stamp maximum disaster income limits, as described in (2) below.

(1) Take home pay shall include: the wages a household actually receives after taxes and other payroll deductions are taken out, assistance payments or other unearned income a household receives, and self-employment income earned after personal income taxes and social security taxes and costs of producing self-employment income are subtracted.

(2) FNS will supply tables of maximum disaster income limits by household size. However, to manually compute maximum income limits for disaster program eligibility, the CWD shall increase the food stamp net income limit for the appropriate household size by the standard deduction, the maximum shelter and dependent care deductions. The medical deduction for elderly and disabled households, the earned income deduction, the unlimited shelter and dependent care deductions for elderly and disabled households shall not be used to compute maximum disaster income limits.

(3) If the FNS authorized disaster benefit period is one-half month, only income received or reasonably certain to be received in that benefit period, and disaster related expenses that were paid or expected to be paid during that benefit period shall be used to compute disaster benefits. Disaster benefit eligibility shall be computed by household size and the criteria established in (1) above.

(e) The emergency coupon allotment shall be determined on the basis of household size and emergency coupon issuance tables provided by FNS. The certification period shall be either a half-month or a full month, whichever coincides with the disaster benefit period approved by FNS.

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.542 The head of the household, spouse, or any other responsible member of the household may also designate an authorized representative to act on behalf of the household in accordance with Section 63-402.6.

.543 To expedite certification, verification requirements of the ongoing program are waived. The applicant's (head of household) identity and residency at the time of the disaster shall be verified through documentary evidence or collateral contact. If identity of the head of the household cannot be verified, the application shall be denied. If residency cannot be readily verified despite efforts of the household and the CWD, benefits shall not be denied.

.544 Any household that refuses to cooperate in completing the application shall be denied benefits at the time of refusal.

.55 Basis of Emergency Coupon Issuance

(a) If the household meets the emergency coupon issuance eligibility criteria in Section 63-900.541, an emergency coupon allotment shall be authorized and coupons issued.

(b) The CWD shall provide the household an opportunity to obtain an allotment on the day of application, unless restrictions such as curfews make it impossible to meet this standard. In these situations, eligible households shall be provided the opportunity to obtain allotments no later than the day following the date the application was filed.

(c) The interviewer shall review the application and advise the household verbally or in writing whether the application was approved or denied and of its rights and responsibilities. If the application is approved, the household shall be advised of the allotment amount, the length of the disaster benefit period and the proper use of food stamps. If denied, the CWD shall explain the basis for the denial verbally or in writing. Households denied disaster benefits may follow the procedures set forth in Section 63-900.7. The interviewer shall also verbally advise the household of the civil and criminal penalties for violation of the Food Stamp Act and that the household may be subject to a post-disaster review. If the household wishes to apply for the ongoing program, the interviewer shall advise the household of the address and telephone number where it may apply.

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(d) Households currently certified for the ongoing program may also be eligible for emergency coupon issuance. Eligibility shall be determined in the same manner as for any other disaster victims as specified in Section 63-900.54. To the extent practicable, the CWD shall reduce disaster benefits issued to households currently certified under the ongoing program by the amount of benefits issued to the household under the ongoing program for any part of the disaster benefit period.

If the household's food has been damaged and must be replaced as a result of the disaster, the emergency coupon allotment shall not be reduced by the amount of benefits issued under the ongoing program. The emergency allotment shall be equal to the value of the food actually lost in the disaster, but not greater than the applicable maximum monthly allotment for the household size.

(e) If the disaster benefit period is extended beyond the original designation in accordance with Section 63-900.55(k), households that have already received emergency coupon allotments shall be recertified and issued an additional emergency coupon allotment for the extended benefit period, if they still meet emergency eligibility criteria. A household applying for recertification shall again submit an application and be interviewed. At recertification, the CWD shall reverify identity and residency if these items are now questionable or residency has changed.

(f) The CWD shall develop a system to detect duplicate applications for emergency coupon allotments and to prevent the issuance of duplicate benefits. The CWD shall establish claims against a household that received more benefits than it was entitled to receive, as specified in Section 63-801. Restoration of lost benefits shall be provided as specified in Section 63-802.

(g) The CWD shall issue a special identification (ID) card marked with the word "Disaster" or some similar designation to those households certified for emergency coupon issuance. This card will identify these households at the issuance point or in a retail food store as food stamp participants certified for emergency coupon issuance.

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(h) To transition into the ongoing program eligible households that have received an emergency coupon allotment, the CWD shall apply disaster benefits against ongoing program benefits if the two certification periods overlap. The CWD shall then calculate benefits to be issued under the ongoing program as follows:

(1) determine the number of days that the disaster certification and ongoing program certification periods overlap;

(2) prorate disaster benefits over the number of days in the disaster benefit period to determine disaster benefits issued on a daily basis; and

(3) offset the amount of the allotment to be issued under the ongoing program against the amount of overlapping disaster benefits determined by (2) above.

(i) (1) A household that requests any of the following replacements shall be referred to the certification office responsible for the ongoing program and the replacements shall be handled as specified in Section 63-603:

(a) An authorization document;

(b) An access device;

(c) Coupons received under the ongoing program but subsequently destroyed in the disaster; or

(d) Food that was purchased with coupons issued under the ongoing program and destroyed in the disaster.

(2) Households shall not be issued replacements if they have received or will receive an emergency coupon issuance for the same time period.

(j) Emergency coupon allotments shall not be authorized or issued after expiration of the designated disaster benefit period, unless the CWD has applied for and received FNS authorization for an extension of that benefit period.

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(k) The CWD may, through CDSS, apply to the FNS Regional Task Force for an extension of either the disaster authorization or disaster benefit period or both. This request may be made informally, followed by written documentation with substantiating facts as to why the initial period(s) was/were insufficient, as specified by FNS. If the extension is granted, a press release shall be issued notifying the public that the authorization and/or benefit period has/have been extended, and that applicants may apply for additional disaster benefits and the time frame for making application.

.6 Coupon Issuance

CWDs shall provide for the immediate preparation and issuance of authorizing documents enabling eligible recipients to receive their food coupons on the day of application, if feasible. Emergency allotments shall be issued through the CWD's normal issuance procedures. However, if the circumstances existing as a result of the disaster make it impractical or cause undue delay to emergency issuance, the CWD may, with FNS/CDSS approval, make temporary arrangements for issuance, including the use of disaster relief agencies.

.7 Household Rights

A household denied disaster benefits may request a state hearing in accordance with Manual Section 63-804. In addition to the right to a state hearing, the CWD shall offer the household an immediate supervisory review of the denial.

.8 Statistical Reporting on Emergency Coupon Issuances

.81 In every county where emergency coupon issuance has been authorized under the provisions of this section, emergency coupon allotments shall be reported and accounted for in the same manner as other authorized coupon issuances. The CWD shall keep records of such participation separate from regular issuance documents, except for the preparation and verification of the FNS-250 and the FNS-256. Temporary arrangements shall in no way affect the CWD's accountability and liability for issuance of coupons as provided in Sections 63-701 and 63-702.

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.82 In addition, the CWD shall report on the FNS-292 the total number of persons certified for emergency coupon allotments, and the total amount of such allotments. If the original disaster benefit period is extended by FNS, separate FNS-292 reports shall be filed for the original and for the extended disaster benefit periods. The FNS-292 shall be completed and submitted to FNS, through CDSS, as soon as possible after disaster operations are concluded, but no later than the 45th day after the close of the designated disaster period.

.83 Any additional information on emergency coupon issuance and participation shall be provided to FNS and the Federal Emergency Management Agency (FEMA) upon request.

NOTE: Authority cited: Sections 10554 and 18904, Welfare and Institutions Code. Reference: 7 CFR 271.2; 7 CFR 274.6; 7 CFR 280.1; and Sections 10554 and 18904, Welfare and Institutions Code.

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