Mississippi Administrative Code
Title 23 - Division of Medicaid
Part 104 - Income
Chapter 7 - Sources and Treatment of Unearned Income
Rule 23-104-7.48 - Presidentially-Declared Disaster Assistance
Universal Citation: MS Code of Rules 23-104-7.48
Current through September 24, 2024
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.
Social Security Act §1902 (r)(2); 42 CFR §435.601(b) (Rev 1994).
Disclaimer: These regulations may not be the most recent version. Mississippi may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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