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Rule 7.48: Presidentially-Declared Disaster Assistance.
A. This type of assistance is defined as follows:
1. At the request of the state governor, the President may declare a major disaster when the disaster is of such severity and magnitude that effective response is beyond the capabilities of the state and local governments, and federal assistance is needed.
B. This type of assistance is treated as follows:
1. The value of support and maintenance in cash or in-kind is not counted as countable income if:
a) The individual lived in a household which he or she (or he and another person) maintained as his or their home at the time a catastrophe occurred in the area; and
b) The President declared the catastrophe a major disaster for purposes of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (formerly the Disaster Relief Act of 1974); and
c) The individual stopped living in his home because of the catastrophe and began to receive support and maintenance within 30 days after the catastrophe; and
d) The individual receives support and maintenance while living in a residential facility maintained by another person. A residential facility is to be interpreted broadly, including a private household, a shelter, or any other temporary housing arrangement resorted to because of the disaster.
2. Assistance (other than support and maintenance) received under the Robert T. Stafford Disaster Relief and Emergency Assistance Act or any other Federal statute because of a catastrophe which the President declares to be a major disaster is excluded from countable income.
a) This includes assistance to repair or replace the individual's own home or other property and disaster unemployment assistance.
b) Interest earned on the assistance is excluded from income and resources.
c) If excluded from income, any unspent assistance is permanently excluded from resources.
Source: Social Security Act §1902 (r)(2); 42 CFR § 435.601(b) (Rev 1994).
Rule 7.49: Federal Emergency Management Agency (FEMA) Emergency Assistance.
A. This type of assistance is defined as follows: